Terms & Conditions
Last Update: November 6, 2024 Version: 1.0
Application
These Terms govern your access to and use of the Products and Events, such as when you access the Website, use the App, or participate in Events. Please read these Terms carefully as they affect your obligations and legal rights.
Acceptance
By accessing and using the Products and participating in the Events, or by clicking a checkbox referencing these Terms, you agree to these Terms without modifications or reservations, forming a legally binding agreement. If you do not agree, do not access or interact with the Products and Events, and discontinue any use immediately. If acting on behalf of an entity, you confirm that you are authorised to accept these Terms and bind such entity
To be eligible to access and use the Products or participate in Events, you must: (i) be capable of forming a legally binding agreement with us; (ii) not be a Prohibited Person nor use the Products or participate in the Events for their benefit; (iii) be at least 18 years old or of legal age in your jurisdiction; (iv) if acting on behalf of an entity, be authorised by the entity and confirm that it is properly existing, and (v) comply with these Terms. If you do not meet these requirements, you shall not be eligible for accessing and using the Products and Events, and must immediately cease using them until you do.
App
The App was created for the Project’s community. The App is provided on “as is” and “as available” basis, and we make no warranties or representations of any kind, express or implied, with regard to the App, including that the Project will be developing its business or technology, carry out any other activities, or whether the App will continue its operations or will operate as intended. We will strive to update and keep in-App information regarding your account, number of Points, levels and other similar details up to date, however we do not warrant the accuracy, completeness, or timeliness of this information, and we are not liable for any discrepancies or delays. You hereby acknowledge and agree that we have the right to immediately suspend or terminate your account in the App, regardless of reason, with or without notice. The final decision on whether to terminate or suspend it shall be taken by us at our sole and absolute discretion, including if you are, or we suspect that you are, in breach of these Terms.
Purchases
The Purchases are provided on “as is” and “as available” basis, and we make no warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, integration, and merchantability with respect to the Purchase, all of which are expressly disclaimed and denied. All Purchases are final, no refunds are available for Purchases, whether made using Points, Telegram Stars, Virtual Assets, or otherwise. This provision does not apply to any purchases or transactions made within TomoCat shelter, which may be subject to different terms or conditions.
Referrals
You may be eligible to receive a certain Reward for referring others to use the App. Our referral campaign shall be deemed an Event. We will credit the referral Reward to you within a reasonable time upon completion of the registration by the new user you referred. Reward rates are determined by us and are subject to change. We reserve the right to terminate providing Rewards at any time. In such a case, rights to all outstanding Rewards will be immediately terminated. No Reward will be granted to users who engage in fraudulent activities, as determined by us at our sole and absolute discretion.
TomoCat Shelters
Unless otherwise explicitly stated by us, all TomoCat shelters are operated and provided by Third-Party Projects. You hereby affirm and acknowledge that your use of Third-Party Projects is at your own risk and may be subject to the terms established by the respective Third-Party Projects. To the maximum extent permitted under the applicable law, in no event shall the TomoCat Parties be liable for any losses or damages, including direct, consequential, incidental, or indirect damages, arising from your use of, interaction with, or reliance on Third-Party Projects, in relation to the TomoCat shelters or otherwise. If you have any misunderstandings or disputes regarding a specific TomoCat shelter, you shall contact the respective Third-Party Project directly. Unless otherwise explicitly stated by us, we are not affiliated with Third-Party Projects and do not operate them. Third-Party Projects are solely responsible for the performance of their TomoCat shelters and any actions associated with their respective shelter. They hold full responsibility for compliance with any applicable laws. At our sole and absolute discretion, we may exercise full authority over TomoCat shelters, such as rejecting, adjusting, suspending or deleting them, if we deem necessary or appropriate.
TomoCat Academy
We strive to ensure the accuracy and completeness of the Educational Materials, however, any use of or reliance thereon will always be at your own discretion and risk, and you shall be solely responsible for any possible damages or losses arising therefrom. Access to the TomoCat academy and Educational Materials may be opened, closed, or restricted by us at our discretion at any time without notice or your consent. Unless expressly authorised by us in writing, you are neither entitled nor permitted to transfer, demonstrate, publish, distribute or otherwise make available Educational Materials or their copies to any third persons without our prior written consent. The Educational Materials are provided on an informational and/or advisory basis and are not considered education or educational activities as defined by applicable laws. Neither TomoCat Party is an educational institution or educational establishment and does not hold any licence for educational activities in any jurisdiction. Unless otherwise expressly authorised by us in writing, you are not entitled nor permitted to edit or modify the Educational Materials, or create any derivative works based thereon.
Token
The Tokens are created mainly for entertainment of the TomoCat community. The Tokens may be referred to as ‘meme tokens’, as they are created for entertainment purposes. The Tokens are not backed by any assets and do not have any intrinsic value. You hereby acknowledge and agree that the Virtual Assets and Tokens in particular may not: (i) meet your expectations or work as intended, (ii) have the intended functionality, (iii) have a market, or (iv) have any specific price or hold any particular value, or have any value at all. Any receipt, storage, use, and disposition of the Tokens shall always be at your own risk. We bear no responsibility for any financial losses or adverse outcomes resulting from your decisions. The Tokens do not represent or confer any ownership right or share, security, or equivalent rights, or any right to receive future revenue shares, intellectual property rights or any other form of participation in or relating to TomoCat, Affiliates, or the Products. The Tokens are not intended to be, or represent, a loan contract, currency, security, commodity, or any kind of financial instrument. The design, functionality, intended application and any other characteristics pertaining to the Token, as well as design, essence, particulars and description of the Token may be amended or changed at any time without notice to you. If you however decide to purchase the Tokens, you shall not spend more than you are ready to lose. Note that the Tokens may have no value or market for trading.
NFT
You may be able to mint (issue) the NFTs associated with the Project. The NFTs are provided on “as is” and “as available” basis, and there is no warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, integration, merchantability, and fitness for a particular purpose with respect to the NFTs, all of which are expressly disclaimed and denied. There is also no guarantee that the NFTs will be supported or marketable. The TomoCat Parties shall not be responsible for or held liable in connection with your failure to successfully mint, receive, or use the NFTs. The NFTs may offer their holders specific benefits and access to certain features. The NFTs may also be subject to certain restrictions or limitations as may be described in the TomoCat Materials.
Loot Boxes
You may have the opportunity to receive, purchase, and open certain loot boxes. Items generated from these loot boxes are random, meaning there is no guarantee that you will receive any specific item or that it will meet your expectations. No warranty is provided regarding the value, utility, rarity, fitness for a particular purpose, or merchantability of any generated item. Additionally, you may find the item unsatisfactory. Generated items may be subject to restrictions, limitations, and features as specified in the TomoCat Materials. We reserve the right, at our sole and absolute discretion, to make the minting functionality available to a limited number of users.
TomoCat Staking
From time to time, the functionality of the Products may allow you to stake (lock) certain Virtual Assets in order to receive remuneration or become able to access certain functions or participate in Events. Terms, requirements and restrictions applicable to such staking and staked Virtual Assets will be determined by us at our sole and absolute discretion, and we may further update or change such terms, requirements and restrictions from time to time. If the respective staking program chosen by you stipulates or implies that the Virtual Assets are to be locked for a specific period of time, then you will not be able nor allowed to use, claim or withdraw the staked Virtual Assets until the expiry of the applicable term. The respective remuneration and certain other parameters indicated in the Products are indicative, approximate, and non-binding, as they are based on the preceding or expected performance of the respective Virtual Assets, staking programs, blockchain networks, and certain other factors.
Third-Party Services
When using the Products or participating in Events, you may view or interact with the Third-Party Services. For illustrative purposes only, Telegram, TomoWallet and Tomo Launchpad are examples of the Third-Party Services. We neither endorse nor recommend or solicit to use any such Third-Party Services. You hereby affirm and acknowledge that your use of Third-Party Services and your interactions with them, are at your own risk and may be subject to the terms established by the respective third-party operators of Third-Party Services. Unless you have reviewed and accepted the applicable terms of the Third-Party Services, you shall refrain from using them. To the maximum extent permitted under the applicable law, in no event shall the TomoCat Parties be liable for any losses or damages, including direct, consequential, incidental, or indirect damages, arising from your use of, interaction with, or reliance on Third-Party Services.
General Terms
We may from time to time introduce and hold the Events, via App or otherwise. The participation in any Event may be subject to certain Conditions. The Events and their Conditions may be changed from time to time at our sole discretion with or without notice. We may also at any time limit, suspend or terminate certain Events or any of their elements, or your participation therein, in whole or in part, with or without prior notice, and without any liability whatsoever. The time to participate in the Events may be limited. If you do not comply with the Conditions within the given period, you shall not receive the Reward.
Entertainment and No Gambling
The Events are not, and shall not be interpreted as, a gambling activity, lottery, or any other form of regulated betting or gaming under any applicable laws or regulations. Participation in the Events is free of charge. No purchase, payment, or any form of consideration is required to enter or take part in the Events. There is no monetary exchange or wagering involved, and participation is open to all eligible persons. However, some purchases are available within the App, they are not obligatory. The Events are organised purely for entertainment and are designed to foster engagement, enjoyment, and support within the Project community. The primary goal of the Events is offering a fun and engaging experience, as well as strengthening and encouraging the Project community. The Events aim to create an enjoyable journey for participants, promoting camaraderie, excitement, and shared enthusiasm throughout the Project community.
Participation
By participating in the Event, you acknowledge that you are solely responsible for making your own decisions regarding your involvement. Participation in the Event, including any activities related to receiving, minting or claiming the Reward, is entirely at your own risk. It is your responsibility to seek appropriate professional advice, including legal and tax guidance, before participating. You assume all risks associated with your participation in the Event, including but not limited to any potential losses, damages, or liabilities that may arise. The TomoCat Parties shall not be held liable for any claims or losses in connection with your participation in the Event. The TomoCat Parties do not provide any advice or recommendations concerning participation in the Event or related activities. You are urged to act independently and with full awareness of the associated risks, including those outlined herein.
Points
You may earn certain Points for participating in the Events. The number of Points, how they are calculated, and other details are set by us at our sole discretion and may vary depending on the specific Event. We reserve the right to change, adjust, or cancel the Points or any part of them at any time, with or without notice, and without any liability. To receive Points, you may need to participate in the specific Events and/or meet certain Conditions. If you fail to do so, you will not be eligible to, and shall not receive the respective Points. The Points are non-transferable and are not backed by any physical or other assets, and have no intrinsic value. There is no guarantee or warranty that you will earn any Points, nor that the Points will meet your expectations or serve any particular purpose. There is also no guarantee that the Points will be converted to any asset, including Virtual Assets, as well as that the Points will give you the right to receive a Reward. Participation in any of the Events is entirely at your discretion and may not lead to any desired outcome other than participating in a fun experience.
Rewards
In all cases, the applicable Rewards are determined by us at our sole discretion and may depend on certain conditions or factors, as determined by us in our sole discretion, such as, for example, market conditions, performance of specific Virtual Assets, technical developments, particular economic conditions, and other circumstances. We provide no guarantee as to the monetary value or merchantability of any Reward. We may update the Reward terms (amount, distribution terms, etc) at any time before the end of the Event when the winners are determined. The Rewards accrued will be displayed through the Communication Channels of our choosing or other suitable means.
Reward Transfer
The Rewards may not be delivered immediately after they become due, and may be made available to you on deferred terms. You should follow the instructions available in the Communication Channels, in the TomoCat Materials or otherwise made available to you to review the terms and mechanics of the Rewards allocation. Any Rewards shall be personal and non-transferable before you have received them. Accordingly, you shall not be allowed nor permitted to, and shall not transfer, promise, lend, encumber, pledge, hypothecate, sell, or otherwise dispose of any Rewards until their receipt.
Ownership Transfer
The ownership, title, interests, and rights in the Reward transfer to you once the Reward is received to the designated Wallet or account.
Violation
If we believe that you have violated these Terms while participating in the Events or using the Products, we may immediately suspend or terminate your participation. We may also refuse to transfer any Rewards due to you and keep them as compensation for your violation. In this case, our obligations to transfer and deliver the Rewards will end immediately.
Termination or Suspension
Any Event, Reward or Product, as well as your participation in them, can be limited, suspended, or terminated at any time, with or without reason, and without notice or liability.
Wallets
The Wallets constitute the Third-Party Services, and we are not responsible for, do not endorse, shall not be held liable or responsible in connection therewith. We do not make any warranties, whether express or implied, as to the Wallets used by you within the App. When using Wallets, you should review applicable terms and policies that govern your use thereof.
Security
Neither we nor the App receive access to or control over your Wallets or Virtual Assets held in such Wallets. You are solely responsible for securing your Virtual Assets, Wallets, and Wallet Credentials. You should not disclose your Wallet Credentials to any third person nor allow any third person to access your Wallet. You will be solely responsible for any use of your Wallet, and Wallet Credentials, as well as their confidentiality. You remain responsible for all transactions carried out via your Wallet or using the Wallet Credentials.
Prohibited Use
You agree that you shall not conduct or participate in any of the following activities when using the Products or participating in the Events:
— using multiple accounts, automated bots or scripts for accessing and using the App, to create or manage multiple accounts;
— disrupting, interfering with, or inhibiting other users from using the Products, Third-Party Services, participating in the Events, or carrying out activities that could disable, impair, or harm the functioning of the Products, Events, Third-Party Services, servers, or underlying software;
— circumventing or attempting to circumvent any access or functionality restrictions and/or limitations with respect to the Products and Events;
— taking advantage of any technical glitch, malfunction, failure, delay, default, or security breach in or of the Products and Events;
— using malware, harmful code or software, undertaking hacker attacks or similar activities in relation to the Products and Events;
— use the Products and Events or related information for any purpose that is harmful or detrimental to us, Affiliates, the Project, Third-Party Services, or other users;
— violating any rights of any third person, including trademark or intellectual property rights;
— carrying out fraudulent activities, providing any false, inaccurate, or misleading information in order to unlawfully obtain Rewards or property of other users or third persons;
— using or attempting to use another user’s account in the App without authorisation;
— impersonating any person or entity or otherwise misrepresenting your affiliation with a person or entity;
— breaching or obviating the terms and conditions established by us;
— acting unfair and contrary to the principle of good faith; or
— carrying out any other unlawful activities, or activities that violate any applicable regulations, rules, orders, etc.
Liquidity and Market Risks
There is no warranty that there is or will be an active market to buy or sell the Tokens. Markets for Virtual Assets in general, and for Tokens in particular, especially as they are ‘meme tokens’, are highly volatile and, therefore, there is no assurance with respect to the price of the Tokens and the degree of liquidity regarding the Tokens. There may be no liquidity or market for the Tokens at all and it is possible that the Tokens will become useless or abandoned. There are also no warranties as to whether the Tokens will be listed on any exchanges, or that the market for the Tokens will appear.
Risk of Legal Uncertainty
The Project activities are subject to varying laws, and the legal status of Virtual Assets may change, potentially impacting their use or ownership. You should individually investigate applicable legal consequences before interacting with Virtual Assets.
Risk of Theft
There is no warranty that there will be no theft or loss of Virtual Assets due to attacks, hacks, software flaws, or blockchain vulnerabilities, which could result in partial or complete loss of the Virtual Assets.
No Warranty
You solely choose whether or not to use the Products and participate in the Events. There are no warranties of any kind, whether express or implied, with respect to the Products, Events and Rewards, all of which are expressly disclaimed and denied. In particular, we do not guarantee that use of the Products and participation in the Events will be a good experience, meet your expectations, fit for a particular purpose, or be beneficial, profitable or suitable to you. Each Reward is provided strictly on an “as is” and “as available” basis, with no choices or customisation options for the winners, and without any warranties of its quality, merchantability, condition, safety, functionality, or future maintenance, all of which are explicitly denied.
TomoCat Materials
The TomoCat Materials, including those provided within the TomoCat academy, shall be subject to these Terms and are provided for informational purposes only. The TomoCat Materials are provided strictly on an “as is” and “as available” basis. Nothing contained in the TomoCat Materials constitutes a promise, warranty, or representation. We do not warrant that the TomoCat Materials will be true, accurate or non-misleading, and you expressly acknowledge and agree that we will be under no obligation to update or fix such TomoCat Materials. Reliance on the TomoCat Materials, either wholly or partially, and any use thereof is at your own discretion and risk, and you are solely responsible for any possible damages or losses arising from such use. Always make sure to verify that the information that you believe is provided by us is posted or communicated by our authorised representatives. The TomoCat Materials may be updated from time to time with or without notice depending on various circumstances, including market conditions, applicable regulation, and governments’ actions.
No Advice or Recommendation
No part of these Terms or TomoCat Materials is intended to be, or should be considered to be, or construed as, (i) a business, legal, financial, investment, tax or any other sort of advice, or advice of a broker regarding any matters to which all or any part of such information relates, and (ii) our recommendation, endorsement or solicitation to access, interact with and use the Products, their internal functionality, Third-Party Services, Third-Party Projects or other third-party services or products, that may be mentioned or referred to in the Products, Events and/or in the TomoCat Materials, or carry out any transaction, involving the Virtual Assets. Before making the decision to use the Products and carry out any transactions in connection therewith, you should consult your own legal, financial, tax, or other professional advisors regarding any such information. Any access or use of the Products, Third-Party Services, Third-Party Projects or other third-party services or products, that may be mentioned or referred to in the Products, Events and/or in the TomoCat Materials, shall always be at your own risk and discretion.
Unanticipated Risks
In addition to the risks set forth herein, there are unanticipated risks. Further risks may materialise as unanticipated combinations or variations of the discussed risks or the emergence of new risks.
You are fully responsible for all current and future Taxes related to your use of Products, participation in the Events, and any Rewards you receive. This includes any Taxes imposed, levied, collected, withheld or assessed by any state, government, or governmental authority. You must handle your own tax obligations, and failing to do so could result in penalties, fines, or other legal issues. If we are required by applicable law to collect or withhold any Taxes, we will do so, and you hereby agree to this.
By entering into these Terms, you provide the following representations and warranties, which must be true, complete, accurate, and non-misleading from the time you accept these Terms and throughout your use of the Products and Events:
Acknowledgement of Terms
You have read and understand these Terms, including all documents and items incorporated herein by reference, and have the authority to accept them, enter into a binding agreement with us, and fulfil the obligations outlined.
No Conflict
Accepting these Terms will not breach or conflict with any court orders, judgments, or existing agreements or arrangements you are bound by.
Entity Representation
If you are acting on behalf of an entity, it is properly incorporated, registered, and in good standing in its jurisdiction, is responsible for any breach of these Terms by you or its employees, unless you are individually responsible under the law, and accepting these Terms will not breach or conflict with the entity’s organisational documents.
Compliance
Your entering into these Terms and/or participation in the Events and use of the Products is in full compliance with all applicable laws. You will meet all tax obligations related to your use of the Products and participation in the Events, as well as any acquisition, sale, transfer or other disposal of the Rewards.
Prohibited Person Status
You are not a Prohibited Person and are not participating for the benefit of a Prohibited Person.
Participation Expectations
You understand that your use of the Products, participation in the Events, or Rewards may not meet your expectations, fit for a particular purpose or be beneficial, profitable or suitable for you, and it is your decision whether to use or participate. Any expectations of financial gain or other benefits are solely your own responsibility, and we disclaim any liability for any loss or damage incurred from such expectations.
Damages
We are liable only for reasonably foreseeable damages that directly arise from our breach of obligation hereunder or under the law. To the fullest extent permitted by law, TomoCat Parties shall not be liable for any consequential, incidental, indirect, or punitive damages; any loss of profits, business, opportunities, data, goodwill, data; diminution of value and business interruption; or any liability related to another contract, regardless of the legal basis.
No Personal Liability
To the fullest extent permitted by law, in no event shall the TomoCat’s or Affiliates’ officers, directors, employees, consultants, and shareholders be held personally liable in connection with these Terms and any transaction contemplated hereunder, provided that the foregoing shall not limit our liability as an entity.
Liability Cap
To the fullest extent permitted by law, the total liability of the TomoCat Parties arising from these Terms, whether in contract, tort, breach of duty, or otherwise, including attorney’s fees, will not exceed one hundred (100) U.S. dollars or equivalent.
Exclusions
Nothing in these Terms limits liability for gross negligence, fraud, death or personal injury resulting from negligence, or any other liability that cannot be legally limited.
Force Majeure
TomoCat Parties shall not be liable for any damages, losses, failure or delay in performance caused by a Force Majeure circumstance.
To the fullest extent allowed by law, you agree to indemnify, defend, and hold harmless the TomoCat Parties from any claims, demands, actions, damages, losses, costs, and expenses (including reasonable legal fees) arising from: (i) your violation of these Terms, including false representations or warranties; (ii) your use of the Products and participation in the Events; (iii) your acquisition, use, or disposal of the Rewards; and (iv) your tax obligations related to the transactions contemplated hereunder. We reserve the right to control the defence of any indemnified claim, at your cost. This indemnity is in addition to any other legal remedies available to us.
Updates and Modifications
We may from time to time, at our sole discretion and without prior notice, make certain updates, improvements, or modifications to the Products and Events, including, but not limited to, updates to the underlying software, infrastructure, security protocols, technical configurations, functionality, financial structure, suspension or termination of technical support for the Products, complete deletion of Products, or service features, and we shall not be in any case held liable with respect to any such update.
Availability
The Products, Events or their components may become inaccessible or inoperable from time to time due to various reasons, such as maintenance procedures, updates, disruptions, third-party interferences, hacker or malware attacks, Force Majeure circumstances, failures in the operation or malfunction of the underlying technical infrastructure or software, unavailability of the Third-Party Services, not limited to the above. In the aforementioned cases, the access or use of the Products, Events or their components may be prevented, limited, discontinued, or terminated without notice and any liability whatsoever, including the obligation to pay or compensate any damages or losses.
Access
If technically possible, we may limit, suspend or restrict access to the Products and Events with immediate effect, without notification and liability, regardless of reason, including if we, acting at our sole discretion, determine that: (i) you do not comply with the eligibility requirements established by us at our sole discretion, (ii) you have violated or may likely violate these Terms, applicable laws or regulations, (iii) you or your actions may cause damages or create legal exposure for us, Affiliates, the Project, Third-Party Services, or Third-Party Projects, or (iv) you are or likely to be a Prohibited Person or act on behalf of a Prohibited Person. You hereby agree to comply with such limitations and not to circumvent or bypass them in any way. You hereby agree that we may install and utilise certain software, solutions, and/or tools (for example, geo-blocking solutions) allowing us to identify users from the Prohibited Jurisdictions or certain restricted jurisdictions, or those who have violated these Terms or the laws, and restrict their access to and use of the Products and Events.
Limitations and Restrictions
We reserve the right, at our sole and absolute discretion, to: (i) introduce or terminate eligibility requirements for using the Products and Events, (ii) limit the number of users who can use the Products or participate in Events, (iii) impose a maximum transaction amount for Virtual Assets in transactions conducted through the Products, and (iv) establish other limitations or restrictions regarding the use of the Products and Events. These actions may be taken at any time to ensure the proper functioning and security of the Project.
Law
These Terms are governed by the laws of England and Wales, excluding any conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Negotiations
You must first contact us to try to resolve any dispute related to these Terms, Products, or Events informally. If no agreement is reached within 30 days, the dispute may be submitted to arbitration as outlined below.
Arbitration
Any dispute, controversy or claim arising out of or in connection with these Terms, or the existence, breach, termination or invalidity thereof shall be finally settled by arbitration in accordance with the Expedited Arbitration Rules of the London Chamber of Arbitration and Mediation for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be London. The Tribunal shall consist of one arbitrator and the language of the arbitration shall be English. The law of this arbitration agreement shall be the law of England and Wales.
Statutes of Limitation
To the extent permitted by law, any claim related to these Terms, Products, or Events must be filed within 12 months of its occurrence, or it will be permanently barred.
Ownership
You do not receive any rights, title, or interest in or to the Intellectual Property, other than rights expressly granted to you under the Licence. We and the respective rights holders reserve the right to prohibit any use of the applicable Intellectual Property at any time. You may not obscure, remove or alter any marks or notices used within or in connection with the Products or Events. Any rights not expressly granted to you under the Licence are reserved by us, respective Affiliates, and/or relevant rights holders.
Licence
Subject to your compliance with these Terms, we hereby grant you the Licence which will remain effective until any termination hereof. Your access and use of the Products or participation in the Events shall not violate the terms of the Licence.
Feedbacks
By giving us any comments or feedback about the Project, Products or Events, you give us the irrevocable right to use, copy, edit, and share your feedback in any way we choose, forever and without paying you. This includes the right to pass these rights on to others. We can use your feedback however we see fit, without any limits or obligations to you.
Modification
We may modify these Terms at our sole discretion. If we make any material changes, we will notify you in advance. Unless stated otherwise, updated Terms take effect immediately, and continued use of the Products and participation in the Events confirm your acceptance. If you do not agree to the changes, you must stop using the Products and participating in the Events.
Personal Data
Your personal data is processed in accordance with the TomoCat Privacy Notice.
Communication
We will send you information electronically about these Terms, the Products and Events, including via the Communication Channels we choose. These communications will be considered official and delivered the day after they are sent or published. You can contact us at [insert email address]. We might ask for additional information or action to verify your identity.
Void Transactions
Any Virtual Assets, Rewards, Tokens, funds or property misappropriated or obtained as a result of or in connection with the violation of these Terms or intended logic of the Products, including any interference in the operation of the Products, Events or any attack on the Products users, shall be prohibited, and any transactions related to the foregoing shall be considered null and void ab initio.
Entire Agreement
These Terms and any incorporated documents constitute the entire agreement between you and us, superseding all prior and contemporaneous understandings, writings, or promises related to the subject matter. You acknowledge and confirm that you will not rely on and have no remedies in respect of any warranty, statement, promise, assurance, or statement (whether made innocently or negligently) that is not set out in these Terms.
Third-Party Beneficiaries
These Terms shall inure to the benefit of the TomoCat Parties and any of the TomoCat Party shall be entitled to rely upon and enforce the provisions of these Terms as if they were a party hereto. However, no consent, approval or notice of TomoCat Parties shall be required to alter, assign, novate, or otherwise change these Terms.
No Waiver
Our failure or delay in exercising any right or remedy under these Terms or by law does not waive that right or remedy. Similarly, a partial or single exercise of a right or remedy does not preclude further exercise of that or any other right or remedy.
Language
Only the English version of these Terms or any Communications is official. In case of translation differences, the English version prevails.
Assignability
You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may transfer or assign these Terms and our rights and obligations at any time without your consent.
Validity and Enforceability
If any provision or part-provision of these Terms is invalid or unenforceable, the remaining provisions will remain valid and in full force.
No Partnership or Agency
These Terms do not create a partnership, joint venture, or any co-operative entity. We or you have no authority to bind each other or make public statements on each other’s behalf.
Survival
Provisions hereof construed to survive the termination of these Terms shall survive any expiry or termination of these Terms.
General
References to any gender include all genders; singular terms include the plural and vice versa. Terms like “including” or “for example” are illustrative and do not limit the preceding text. Section headings do not affect interpretation. No rule of construction will disadvantage us due to our preparation of these Terms.
Definitions
In these Terms, unless the context requires otherwise, the terms shall have the following meaning:
“Affiliate” means a person controlling, controlled by, or under the same control as TomoCat.
“App” means the “TomoCat” Telegram mini application accessible via https://t.me/tomo_cat_bot, including its underlying software and application programming interfaces (APIs).
“Communications” means any communications, agreements, documents, receipts, notices, and disclosures related to these Terms.
“Communication Channels” means our Telegram bots, channels and groups, as well as other social media accounts and communication channels belonging to us and associated with TomoCat, explicitly including the Website and the App.
“Conditions” means certain terms, conditions, participation requirements and criteria applicable to the respective Event.
“Educational Materials” means written, including in electronic format, information, visual, schematic materials, as well as audio and/or video materials related to TomoCat academy.
“Events” means certain campaigns, airdrops, quests, tasks or other events introduced by us.
“Force Majeure” means any circumstances that are out of our control interfering the performance hereof, which include, without limitation, acts of God, natural disasters, wars, riots, terrorism, government actions, epidemics, software problems, blockchain issues and technical failures.
“Intellectual Property” means the copyrighted content, any names of services and products, logotypes, trademarks and other marks, domain names, designs, drawings, pictures, videos, etc., which may be made available to you within the Products, Events, TomoCat Materials, or otherwise.
“Licence” means limited, temporary, non-transferable, non-exclusive, revocable, non-sublicensable licence (right) to access the Products for intended purposes on the terms set forth herein.
“NFT” means a non-fungible token.
“Point” means certain in-App points, or other similar items that can be obtained by virtue of using the App or participating in or completing certain Events.
“Products” means the Website, App, TOMO Tokens, TomoCat shelters, TomoCat academy, TomoCat staking, and any other products that may be introduced by the Project from time to time, along with their respective functionalities and features.
“Prohibited Jurisdiction” means any of the following jurisdictions: Democratic People’s Republic of North Korea, Islamic Republic of Iran, Republic of Cuba, Syrian Arab Republic, Myanmar, Sevastopol and the Crimea Regions of Ukraine, Donetsk People’s Republic and Luhansk People’s Republic regions of Ukraine, United States of America (including its territories: American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, and the U.S. Virgin Islands), Bolivarian Republic of Venezuela, the Russian Federation, Republic of Belarus, Seychelles and any other jurisdiction or territory, which is subject to a country-wide or territory-wide sanction imposed by any country, government, or international authority.
“Prohibited Person” means any citizen or resident of, or a person subject to any Prohibited Jurisdiction, or any sanctions administered or enforced by any country, government or international authority.
“Project” means the TomoCat project described on the Website, as may be updated from time to time.
“Purchase” means any purchase made within the App, whether using Points, Telegram Stars, Virtual Assets, or otherwise.
“Reward” means a certain point, benefit or other remuneration allocated and distributed among the users, participating in the respective Events, which may include Points, Virtual Assets, NFTs, etc.
“Taxes” means any income, earnings, capital gains, sales, use, value-added, withholding, export and import and similar taxes, customs duties, charges or payments.
“Terms” means these TomoCat Terms of Service, together with any documents incorporated herein by reference.
“Third-Party Project” means any products and projects, including decentralised applications, web interfaces, social networks, etc, developed and/or provided by any person other than TomoCat or Affiliates.
“Third-Party Services” means any services, software, items, and solutions that are not provided by us, such as, for example, TomoWallet, TomoCat Launchpad, Wallets, software or hardware wallets, Virtual Assets (except for Tokens), solutions for the NFT minting, blockchain networks, etc.
“Tokens” means the TOMO tokens associated with the Project.
“TomoCat”, “we” means Tomocat Ltd, the legal entity operating the Products and organising the Events.
“TomoCat Launchpad” means the application that allows you to create, trade and stake certain Virtual Assets.
“TomoCat Materials” means any information, statements, announcements, data, content, and materials provided by TomoCat via the Communication Channels or otherwise, which explicitly excludes the third-party content.
“TomoCat Parties” means TomoCat, Affiliates, and their respective shareholders, directors, officers, employees, agents, advisors, contractors, successors, and assignees.
“TomoWallet” means the application that allows you to create or manage your Wallet.
“Virtual Assets” means cryptocurrencies and other digital tokens implemented on a public blockchain network, such as, for example, USD Tether (USDT), USD Coin (USDC), Toncoin (TON), Tokens and so forth.
“Wallet” means a pair of public and private cryptographic keys which can be used to track ownership of, receive, manage, and spend Virtual Assets on a blockchain network.
“Wallet Credentials” means the data that can be used to access and manage your Wallets, including username, passwords, seed phrases, private cryptographic keys, signing keys, or any other type of keys, PINs, etc.
“Website” means the TomoCat website available at https://www.tomocat.com, including any of its subdomains.
“you”, “your” means a person who accepts these Terms; if you are acting on behalf of an entity, “your” and “you” shall refer to both you as an individual using the Products and participating in the Events, and the entity on whose behalf you are acting.
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