Terms of Service
Welcome to the Elata platform (accessible at https://app.elata.bio) (the "Platform") and the suite of features, tools, developer resources, protocols and services made available thereon (collectively, the "Services"), provided and operated by the Crystal Sciences Association, a Swiss Verein organized under the laws of Switzerland with its registered office in Zug, Switzerland (the "Association", "we", "our" or "us"). These Terms of Use (the "Terms") govern your access to and use of the Platform and Services and constitute a legally binding agreement between (i) us and you, and/or (ii) if you are representing an entity, the entity that you are representing (hereinafter referred to as "you" or "your").
By accessing and/or using the Platform and any of the Services, you agree to be bound by these Terms and our Privacy Policy, which collectively represent the complete agreement between you and us in respect of our Platform and Services and shall supersede any prior agreements between us, whether written or oral.
THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THE SECTION TITLED "DISPUTE RESOLUTION." THIS AFFECTS YOUR RIGHTS WITH RESPECT TO ANY "DISPUTE" BETWEEN YOU AND THE ASSOCIATION AND MAY REQUIRE YOU TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT. PLEASE READ THESE TERMS CAREFULLY.
IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE OUR PLATFORM OR ANY OF THE SERVICES.
i. Eligible Users
By accessing and/or using the Platform and any of the Services, you must be and hereby affirm that you:
are not prohibited or restricted from accessing the Platform or using the Services available on the Platform by any laws or regulations applicable to you;
are an adult of the legal age of majority in your country or state of residence (whichever is higher). If you are under the legal age of majority, you may not use the Platform;
are not: (i) a citizen of, or located in or ordinarily resident in any jurisdiction where your access to or use of the Platform or the Services would be unlawful or in violation of applicable laws or regulations; or (ii) under the control or ownership of a person that is subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the Swiss State Secretariat for Economic Affairs (SECO), the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority.
ii. Access and Use of the Platform
A. The Platform utilizes various technologies (including without limitation, blockchain and decentralized technologies, biosensing software, and client-side signal processing) to enable you or other users of the Platform (each a "User") to perform the following activities through the Platform:
(i) access, download, integrate and use software development tools and libraries distributed by the Association for the processing of physiological signals, including but not limited to remote photoplethysmography and electroencephalography signals (collectively, the "SDK");
(ii) create, link, connect, access and/or utilize a self-custodial digital wallet (whether provided by a third-party provider) to or with the Platform (a "Digital Wallet");
(iii) store locally on your own Digital Wallet(s), tokens, cryptocurrencies and other crypto or blockchain-based digital assets (collectively, "Digital Assets");
(iv) access or use decentralized applications or protocols, including without limitation staking protocols, launchpad mechanisms, governance systems, and reputation or participation-tracking systems (collectively, "Dapps"). For avoidance of doubt, such Dapps may be operated or managed by third parties instead of us;
(v) participate in the various activities, services and transactions involving Digital Assets through the Dapps as stated above; and
(vi) such other features and functionalities that may be added to the Platform from time to time.
More details on the Services provided through the Platform can be found in the Platform documentation and on the Platform itself.
B. Grant of License. If you accept and comply with these Terms, the Association will grant, and you will receive, a limited, revocable, non-sublicensable, and non-exclusive license to access and use the Platform subject to the restrictions set forth below, as follows:
(vii) You may access and use applicable Services available on the Platform on one or more computers or devices under your authorized control.
(viii) You may not transfer your rights and obligations to use the Platform.
(ix) Some Services (including Dapps) may be provided, managed or operated by third-party suppliers, partners or licensors of the Platform ("Third Party Providers") and may be subject to specific requirements or terms and conditions imposed by such Third Party Providers.
C. Open-Source Components. The Platform may contain components that are subject to open-source licenses ("OSS Components"), including the SDK. Your access and use of these OSS Components shall be subject to the applicable open-source licenses that apply to and govern such OSS Components. In the event of a conflict between these Terms and the applicable open-source license with respect to your rights to use, copy, modify, and distribute OSS Component source code, the open-source license controls.
D. Biosensor Data and Client-Side Processing. The SDK is architecturally designed to perform all physiological signal processing on the client side (i.e., within the end user's browser or device). The SDK does not transmit raw physiological signal data to the Association or any third party. The processing pipeline produces non-identifying derived metrics by design.
Notwithstanding the foregoing, Users who integrate the SDK into their own applications, services or products (each a "Developer") are solely responsible for the data handling practices of those applications. The Association does not control and is not responsible for how Developers collect, store, process, or transmit data in applications built on the SDK.
For the purposes of these Terms, "Biosensor Data" means any physiological signals, metrics, or derived data processed through the SDK, including but not limited to remote photoplethysmography signals, electroencephalography signals, and any metrics computed from such signals.
E. Acknowledgements and Disclaimers. You acknowledge and understand that:
(x) Use of Digital Wallets. To access certain Services, you may be required to connect a third-party Digital Wallet. We are not responsible or liable for your Digital Wallet or funds held therein. You are solely responsible for the retention and security of your private keys or other security credentials. We shall not be liable in any way for any loss of your funds due to your failure to retain and/or secure your Digital Wallet.
(xi) Digital Assets Risk Disclaimer. You acknowledge and agree that there are inherent risks in your use of the Platform and the Services, including smart contract or security breaches, fluctuations in the value of Digital Assets, risks of liquidation or counterparty risks, communication failures, disruptions, errors, distortions or delays, hardware, software and Internet connection failures, malicious software introduction, or the risk that third parties may obtain unauthorized access to your information or Digital Wallet, which may result in the loss of your Digital Assets or access to the Platform and/or Services. By using the Platform and/or Services, you acknowledge and agree to undertake these risks, and you accept that we shall not be liable for any losses or damages arising from or in connection with such risks.
(xii) No Reliance on Information. Any information provided or made available on our Platform and/or Services shall not be considered or construed as financial advice, investment advice, medical advice, tax advice, legal advice, or any other sort of advice. The SDK is not a medical device and is not intended for clinical diagnosis, treatment, or monitoring. No output from the SDK or the Platform should be relied upon for medical, financial, or investment purposes. We are not, and shall not be deemed as or treated as, a financial institution, centralized exchange, broker, fund management platform, or healthcare provider.
(xiii) No Fiduciary Relationship. These Terms are not intended to, and do not, create or impose any fiduciary duties on us. The only duties and obligations that we have are expressly set out in these Terms (including in the Privacy Policy).
(xiv) Legal and Regulatory Compliance. You are responsible for complying with all laws that may be applicable to or govern your use of the Platform and/or Services, including but not limited to applicable data protection and privacy laws, securities laws, anti-money laundering regulations, and health data regulations. You shall not access or use our Platform or Services if it would be illegal, or a violation of any applicable laws or regulations, to do so within your jurisdiction.
(xv) Changes. We may change, add to, modify, remove, suspend, or discontinue any aspect of the Platform and/or Services at any time, and without prior notice or liability to you. We may also impose limits on certain features or restrict your access to parts or all of the Platform or any Services without notice or liability.
iii. Developer Data Obligations
If you are a Developer who integrates the SDK into an application, service, or product, you agree to comply with the following obligations in addition to all other terms herein:
A. End-User Disclosure. You must provide clear, conspicuous, and accurate disclosure to your end users regarding: (i) the types of Biosensor Data your application collects, processes, or derives; (ii) the purposes for which such data is collected and used; (iii) whether and how such data is stored, and for how long; (iv) whether and with whom such data is shared; and (v) how end users may exercise rights regarding their data, including deletion and access requests.
B. Consent. You must obtain informed, affirmative consent from end users before initiating any biosensor data collection or processing through the SDK. Consent must be freely given, specific, and revocable. You must provide a mechanism for end users to withdraw consent at any time.
C. Data Minimization and Security. You must implement reasonable technical and organizational measures to protect Biosensor Data processed through your application, consistent with industry best practices and applicable law. You must collect only the minimum data necessary for your stated purpose and must not repurpose Biosensor Data without obtaining additional consent.
D. Health Data Classification. Biosensor Data may be classified as health data, sensitive personal data, or biometric data under applicable privacy and data protection laws (including but not limited to GDPR, CCPA/CPRA, the Swiss Federal Act on Data Protection, and similar frameworks). You are solely responsible for determining the regulatory classification applicable to your use case and for complying with all relevant requirements.
E. Downstream Obligations. If you permit third parties to access Biosensor Data processed through your application, you must impose data protection obligations on those third parties that are no less protective than the obligations set forth in this Section. You are responsible for ensuring third-party compliance.
F. Breach Notification. In the event of a data breach involving Biosensor Data processed through your application, you must (i) notify affected end users in accordance with applicable law; and (ii) notify the Association at the contact address specified in these Terms within seventy-two (72) hours of becoming aware of the breach.
iv. Protocol Participation and Digital Assets
A. Nature of the Protocol. The Platform provides access to a set of autonomous, self-executing smart contracts deployed on a public blockchain (the "Protocol"). Once deployed, the Association does not control the execution of these smart contracts. Transactions on the Protocol are irreversible. The Association is not a counterparty to any transaction executed through the Protocol.
B. Digital Assets Disclaimer. Digital Assets accessible through the Platform are functional utility tokens designed to facilitate governance, staking, fee distribution, and other activities within the Protocol. Digital Assets are not securities, investment contracts, or financial instruments. The Association makes no guarantee regarding the value, liquidity, or future utility of any Digital Asset. You acknowledge that Digital Asset values may fluctuate and that you may lose all value associated with Digital Assets you acquire.
Nothing in these Terms or on any Platform website or communication constitutes an offer to sell, a solicitation to buy, or a recommendation of any Digital Asset or any other financial product. You should consult with your own legal, financial, and tax advisors before acquiring or using any Digital Asset.
C. Staking. The Platform may provide or make accessible staking features that enable you to participate in activities and the operation of the Protocol. The staking feature is intended solely to facilitate your participation in the relevant decentralized protocol and is not intended for, nor to be used for, commercial, investment or financial service purposes. We do not guarantee or offer any benefits, rewards or financial returns for the use of any staking feature. Certain staking mechanisms may require your Digital Assets to be locked for a specified period, during which they will be inaccessible, non-transferable, and non-withdrawable. Lock periods are enforced by smart contracts and are irreversible for their duration. The Association has no ability to override, shorten, or modify lock periods.
D. Launchpad. The Platform may provide a permissionless mechanism through which third-party projects can launch Digital Assets (the "Launchpad"). The Launchpad operates through smart contracts and algorithmic pricing mechanisms. You acknowledge that Digital Asset prices on the Launchpad are algorithmically determined and may be volatile. The featuring or listing of any project on the Launchpad shall not be deemed as an endorsement or the provision of any warranties in respect of that project. You participate in Launchpad activities solely at your own risk and are responsible for conducting your own due diligence.
E. Governance. The Protocol may include on-chain governance mechanisms through which eligible Digital Asset holders may vote on proposals affecting the Protocol. Governance outcomes are binding on the Protocol as encoded in the smart contracts. The Association does not guarantee any particular governance outcome. In the event of a conflict between a governance outcome and these Terms, these Terms shall govern the legal relationship between you and the Association, but the Association may not have the technical ability to override on-chain governance outcomes.
F. Reputation and Participation Tracking. The Protocol may include systems that track on-chain and ecosystem activity for the purpose of measuring participation and contribution. Such tracking metrics do not have monetary value, are non-transferable except as permitted by the Protocol, and confer no rights other than those expressly specified in the Protocol's smart contracts and documentation. The Association reserves the right to modify such systems through appropriate governance or administrative procedures.
v. Smart Contract and Blockchain Risks
You acknowledge and accept the following risks associated with using the Protocol and Digital Assets:
Smart contracts may contain bugs, vulnerabilities, or errors that could result in the loss of Digital Assets or other adverse consequences;
Blockchain networks may experience congestion, forks, hard forks, or other disruptions that affect the Protocol's operation;
Regulatory changes may affect the legality or functionality of the Protocol or Digital Assets in your jurisdiction;
The underlying blockchain network's consensus mechanism, gas fees, and performance are outside the Association's control;
Bridge, oracle, or other third-party infrastructure failures may impact Protocol functionality;
The Protocol may be subject to exploitation, front-running, or other adversarial actions by third parties;
Advances in code cracking or technical advances such as the development of quantum computers may present risks to smart contracts, Digital Assets, the Platform and the Services;
The cost of transacting on blockchain technologies is variable and may increase at any time;
The Digital Asset industry is subject to systemic and systematic risk, including risks arising from regulatory actions, market events, or technological failures that may affect the entire market; and
There are risks associated with using Internet-based systems, including the risk of hardware, software and Internet connection failures, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Digital Wallet.
The Association shall not be liable for any losses arising from the risks described in this Section or from any other risks inherent in the use of blockchain technology and decentralized protocols.
vi. Restrictions on Use
The Association may suspend or revoke your license to use the Platform or any Services if you violate, or assist others in violating, the restrictions below. You agree that you will not, in whole or in part or under any circumstances, do any of the following:
Unauthorized Derivative Works: Copy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Platform or the Services, except as expressly permitted by applicable open-source licenses governing OSS Components.
Data Mining: Use any unauthorized process or software that intercepts, collects, reads, or "mines" information generated or stored by the Platform.
Disruption: Disrupt, interfere with, or otherwise adversely affect the normal flow of the Platform and/or the Services, or take advantage of software vulnerabilities and any other act that intentionally abuses or exploits the design of the Platform and the Services.
Illegal, Unfair or Manipulative Practices: Engage in or knowingly facilitate any "front-running," "wash trading," "pump and dump," fraudulent, deceptive or manipulative activities in any Digital Asset, or take undue or unfair advantage over other Users, including but not limited to manipulating reputation or participation tracking systems.
Violation of Laws: Access or use the Platform or any Service to violate or attempt to violate any applicable law or regulation, including without limitation any applicable anti-money laundering, anti-proliferation and anti-terrorism financing laws and sanctions programs.
Circumvention: Avoid, bypass, remove, deactivate, impair, or otherwise circumvent any technological measure implemented by us or any of our service providers to protect the Platform or any Service, including any geo-blocking or compliance measures.
Impersonation: Use the Platform or Services in any manner that involves falsehoods, misrepresentations, or misleading statements, including impersonating any person or entity.
vii. Third-Party Providers and Services
The Platform and any Services may contain software or services provided by, or links to, third-party services ("Third-Party Content"). We make no warranties or representations, express or implied, in respect of the availability, functionality or content of such Third-Party Content, and you agree that the Association shall not be liable for any loss or damages arising from or in connection with your use of any third-party services.
The Protocol operates on third-party blockchain infrastructure. The Association does not control and is not responsible for the operation, security, or availability of the underlying blockchain network. Your use of third-party functionality, applications, software or services is subject to the privacy policies, terms of service, and fees of those Third Party Providers.
viii. Intellectual Property
The Platform and the Services and content contained therein, including any trademarks, media, applications, software, code, materials, design, text, images, documentation, and all legally protectable elements of the foregoing, are the property of the Association and/or, where applicable, the property of its licensors or suppliers, except for OSS Components governed by their respective open-source licenses.
"Elata," "Elata Biosciences," and associated logos are trademarks of the Association. You may not use the Association's trademarks, trade names, or logos without prior written consent, except as necessary to accurately describe your use of or integration with the Platform.
You may choose to submit comments, bug reports, ideas or other feedback about the Platform (collectively, "Feedback"). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you. You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
ix. Data Protection and Privacy
Your use of the Platform is subject to the Association's Privacy Policy, which is incorporated by reference into these Terms. The Privacy Policy describes the Association's practices regarding the collection, use, and disclosure of information in connection with the Platform.
For the avoidance of doubt, the SDK's client-side processing architecture means that the Association does not receive or process Biosensor Data. However, the Association may collect standard analytics data (such as page views and referral sources) from its websites, and the Protocol records on-chain activity (such as wallet addresses, transaction history, and governance participation) on the public blockchain.
x. Limited Warranty and Disclaimer
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE PLATFORM AND ANY SERVICES AND ANY CONTENT MADE AVAILABLE THEREON ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED OR ERROR-FREE USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM AND ANY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE PLATFORM MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE ASSOCIATION, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRIBUTORS AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(xvi) your access to or use of the Platform and any Services will meet your requirements;
(xvii) your access to or use of the Platform and any Services will be uninterrupted, timely, secure or free from error;
(xviii) the SDK will produce accurate, reliable, or clinically valid results;
(xix) the Protocol's smart contracts are free from bugs or vulnerabilities;
(xx) Digital Assets will maintain any particular value or utility;
(xxi) documentation or usage data provided through the Platform will be accurate; or
(xxii) the Platform is free of viruses or other harmful components.
THE SDK IS NOT A MEDICAL DEVICE AND IS NOT INTENDED FOR CLINICAL DIAGNOSIS, TREATMENT, OR MONITORING. NO OUTPUT FROM THE SDK SHOULD BE RELIED UPON FOR MEDICAL PURPOSES. IF YOU HAVE A MEDICAL CONCERN, CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL.
xi. Limitations of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER THE ASSOCIATION, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRIBUTORS, AFFILIATES, NOR ITS SUPPLIERS, THIRD PARTY PARTNERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY OR THEFT OR MISAPPROPRIATION OF PROPERTY OR ANY OTHER THEORY (EVEN IF THE ASSOCIATION HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE PLATFORM AND ANY SERVICES; (B) THE USE OR THE INABILITY TO USE THE PLATFORM; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; (E) ANY ACTIONS THE ASSOCIATION TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND; (F) HUMAN ERRORS; (G) TECHNICAL MALFUNCTIONS; (H) FAILURES, INCLUDING PUBLIC UTILITY OR NETWORK OUTAGES; (I) OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE; (J) ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; (K) INABILITY TO FULLY ACCESS THE PLATFORM; (L) THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO DATA OR CONTENT OF ANY KIND; OR (M) ANY OTHER MATTER RELATING TO THE PLATFORM AND ANY SERVICES.
THE ASSOCIATION'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO THE ASSOCIATION DURING THE SIX (6) MONTHS PRIOR TO YOUR MAKING A CLAIM, OR ONE HUNDRED U.S. DOLLARS (USD $100.00), WHICHEVER IS LOWER.
xii. Indemnity
You hereby agree to defend and indemnify the Association, its directors, officers, employees, contributors, licensors and affiliates against and from any third-party claims, liabilities, losses, injuries, damages, costs or expenses incurred by the Association arising out of or from:
any violation by you of these Terms;
your misuse of the Platform or Services;
any application, service, or product you build using the SDK, including any claim by a third party related to the collection, processing, or misuse of Biosensor Data;
your participation in the Protocol, including any Digital Asset transactions or governance activities; and
your infringement of any third party's intellectual property or other rights.
xiii. Dispute Resolution
A. Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform ("Dispute") shall be resolved exclusively by binding arbitration administered by the International Chamber of Commerce (ICC) in accordance with its then-current arbitration rules. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be Zug, Switzerland. The language of the arbitration shall be English.
B. Class Action Waiver. YOU AND THE ASSOCIATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a class or representative proceeding.
C. Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
D. Governing Law. These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of laws principles.
xiv. Fees and Taxes
You may be charged fees to access or use certain Services on the Platform, including gas fees or transaction fees charged on transactions relating to Digital Assets. Where applicable, gas fees are paid to the networks that process the transactions and are not paid to us. Such fees often fluctuate based on factors outside our control and may change at any time without notice.
You are solely responsible for determining and paying any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any tax or other governmental authority associated with your use of the Platform (collectively, "Taxes"). You will pay or reimburse us for all Taxes of any jurisdiction as are now or hereafter may be imposed.
xv. Amendments
The Association may create updated versions of these Terms as its operations and the law evolve. These Terms will terminate immediately upon the introduction of updated Terms. Updated Terms will not be applied retroactively. If you do not wish to be bound by updated Terms, you must immediately cease using the Platform and all Services. Your continued use of the Platform or the Services after the Association has published any updated Terms constitutes acceptance by you of the updated Terms.
xvi. Term and Termination
A. Term. These Terms are effective upon your first access and use of the Platform, and shall remain in effect until terminated or superseded by updated Terms, or, if neither occurs, as long as you continue using the Platform.
B. Termination. The Association reserves the right to terminate these Terms or suspend your access to non-Protocol components of the Platform at any time, for any reason, with or without notice. You acknowledge that the Protocol's smart contracts are deployed on a public blockchain and operate autonomously. The Association may not have the technical ability to terminate individual access to the Protocol's smart contracts. However, the Association reserves all rights available under applicable law.
C. Survival. Sections iii (Developer Data Obligations), v (Smart Contract and Blockchain Risks), x (Limited Warranty and Disclaimer), xi (Limitations of Liability), xii (Indemnity), xiii (Dispute Resolution), and xvii (General Provisions) shall survive any termination of these Terms.
xvii. General Provisions
A. Entire Agreement. These Terms, together with the Privacy Policy and any applicable open-source licenses, constitute the entire agreement between you and the Association regarding the Platform.
B. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
C. No Waiver. The Association's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
D. Assignment. You may not assign or transfer these Terms or any rights hereunder without the Association's prior written consent. The Association may assign these Terms without restriction.
E. Force Majeure. The Association shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to natural disasters, war, terrorism, pandemic, blockchain network failures, regulatory actions, or internet service disruptions.
F. No Partnership or Agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and the Association.
G. Equitable Remedies. You agree that the Association would be irreparably damaged if the terms herein were not specifically followed and enforced. In such an event, you agree that the Association shall be entitled, without bond or other security or proof of damages, to appropriate equitable relief.
xviii. Contact Information
If you have questions about these Terms, please contact:
Crystal Sciences Association
Zug, Switzerland
Email: info@elata.bio
