Quadratic Acceleration

Terms and Conditions

These Terms and Conditions govern the access and use of the Services (“Services”) provided by the Quadratic Accelerator Inc (“Accelerator”), a company organized and existing under the laws of British Virgin Islands, and by Giveth (“Giveth”, together with the Accelerator, “we”, “our”, “us”). The term “Services” encompasses “qacc.giveth.io”, “q-acc.giveth.io/”, “q-acc.giveth.io/create”, “q-acc.giveth.io/kyc”, “qacc.xyz”, all related subdomains, and any other services that we provide to Users (“You”).

By accessing or using our Technology, you agree to be bound by the following terms and conditions (the "Terms"). Please read them carefully before participating. If you do not agree with any of the provisions stated herein, you should not use our Technology or participate in any of our initiatives.

1. Services

Through our Services, users can create a profile account, submit donations to projects, and receive tokens that will allow you to access a chat room.

We may from time to time in the future offer additional services, and such additional services shall be considered the Service as used herein, regardless of whether such additional services are specifically defined in this Agreement. Future services may be subject to additional supplemental terms as well as this Agreement.

2. Use of Services

To access our Technology, you must use non-custodial wallet software (“wallet”), which allows you to interact with public blockchains. Your relationship with the third-party wallet you use is governed by their respective terms and conditions, which are separate from these Terms and Conditions. We do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents. By connecting your wallet to our Technology, you agree to be bound by these Terms and Conditions incorporated herein by reference.

We may from time to time in the future offer additional Technology, regardless of whether such Technology is specifically defined in these Terms and Conditions.

You acknowledge that using our Technology involves certain risks, including but not limited to the potential loss of your digital assets. You should conduct your own independent research and seek professional advice before using our Technology. We reserve the right to refuse or cancel your participation for any reason at its sole discretion.

3. Eligibility

By accessing and using our Technology you represent and warrant to us that:

You are at least 18 years old, or the legal age in your jurisdiction, with no legal impediment or incapability, capable of using the Technology and participating in any token distribution.
You have read and understood the risks of using the Technology, and that you are solely responsible for your actions.
You are acting on your own account as principal and not as trustee, agent or otherwise on behalf of any other persons or entities.
You have had the opportunity to take legal, financial, accounting or other advice that you deem appropriate prior to using the Technology.
You will only use the Technology with legally obtained digital assets that belong to you, and with full legal and beneficial title to any such assets.
You have obtained independent and qualified legal advice and, based on such advice, you have determined that your access to and use of the Technology is fully compliant with all applicable laws, regulations, and rules of: your country of domicile and/or residence; and any other jurisdiction in which you operate or may be subject to legal or regulatory oversight.
Your access to the Technology may be restricted based on your jurisdiction or geographical location. You must not use the Technology if you are located in or a citizen or resident of any state, country, territory or other jurisdiction in which use of the Technology would be illegal or otherwise violate any applicable law (a "Restricted Territory"). We reserve the right to restrict access to any Restricted Territory and may implement technical controls to prevent access to the Technology from any Restricted Territory, including, but not limited to, Afghanistan, American Samoa, Anguilla, Antigua and Barbuda, Belarus, Bosnia Herzegovina, Central African Republic, Cuba, DR Congo, Ethiopia, Fiji, Guam, Hong Kong, Iran, Iraq, Kosovo, Lebanon, Libya, Mali, Montenegro, Myanmar, Nicaragua, North Korea, North Macedonia, Palau, Panama, Russia, Samoa, Serbia, Somalia, South Sudan, Sudan, Syria, Ukraine, United Kingdom, US Virgin Islands, Vanuatu, Venezuela, Yemen, or any jurisdictions in which the sale of cryptocurrencies are prohibited, restricted or unauthorized in any form or manner whether in full or in part under the laws, regulatory requirements or rules in such jurisdiction; or any state, country, or region that is subject to sanctions enforced by the United States, such as the Specially Designated Nationals and Blocked Persons List (“SDN List”) and Consolidated Sanctions List (“Non-SDN Lists”), the United Kingdom, or the European Union (collectively, “Restricted Territories”);
You are not a resident of any restricted territory and have not used any technical means including any virtual private network (VPN) or other means to disguise or manipulate your geographical location to access the Technology from a restricted territory; and
You represent that your access and use of the Technology will fully comply with all applicable laws and regulations, and that you will not access or use the Technology to conduct, promote, or otherwise facilitate any illegal activity.

4. Fees, Access & Features

While access to our Technology is free of charge, certain interactions and transactions incur a fee.
Third-party network fees, such as gas costs, may apply when using our Technology.
By using our Technology, you agree to said fees, whoever the receiving entity may be. You acknowledge and agree that the level of the transaction costs may be increased, decreased, or otherwise altered, without notice and at our sole discretion. We take no responsibility for the existence or level of third-party network fees.
You are responsible for making all necessary arrangements to interact (or continue to interact) with our Technology.
You agree to ensure that all interactions with our Technology via your wallet are performed in compliance with these Terms and Conditions.
You acknowledge and agree to abide by any features, mechanisms, rules and parameters in operation on our Technology from time to time, and their consequences.

5. Risks and Representations

By accessing and using the Technology, you represent that you understand the financial and technical risks associated with using cryptographic and blockchain-based systems, including, but not limited to:

You understand that smart contract transactions automatically execute and settle, and that blockchain-based transactions are irreversible when confirmed.
You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Polygon are variable and may increase dramatically at any time.
You acknowledge that we are not responsible for any of these variables or risks, do not own or control the protocol, and cannot be held liable for any resulting losses that you experience while accessing or using the Technology.
You understand and agree to assume full responsibility for all of the risks of accessing and using the Technology.
You understand that we do not own or control any of the underlying software through which blockchain networks are formed. In general, the software underlying blockchain networks, including the Polygon POS blockchain, is open source, such that anyone can use, copy, modify, and distribute it.
By using the Technology, you acknowledge and agree, that:
- We are not responsible for the operation of the blockchain-based software and networks underlying the Technology;
- that there exists no guarantee of the functionality, security, or availability of that software and networks, and
- The underlying blockchain-based networks are subject to sudden changes in operating rules, such as those commonly referred to as “forks,” which may materially affect the Technology.
You understand that blockchain networks use public and private key cryptography. You alone are responsible for securing your private key(s). We do not have access to your private key(s). Losing control of your private key(s) will permanently and irreversibly deny you access to digital assets on the Polygon blockchain or other blockchain-based network. If your private key(s) are lost, then you will not be able to transfer your digital assets to any other blockchain address or wallet. If this occurs, then you will not be able to realize any value or utility from the digital assets that you may hold.
You understand that our Technology and your digital assets could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability to continue providing our Technology.
You acknowledge that the cost of transacting on the blockchain is variable and may increase at any time, causing impact to any activities taking place on the blockchain, which may result in price fluctuations or increased costs when using the Technology.
You use the Technology at your own risk. You acknowledge that the Technology is subject to flaws and that you are solely responsible for evaluating any code provided in the ABC Launcher dApp interface.
You acknowledge that the information available in the Technology may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including information regarding our policies. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on or as part of the Technology interface are your sole responsibility. No representation is made as to the accuracy, completeness, or appropriateness for any particular purpose of any information distributed via or otherwise when using the Technology.
By using the Technology, you represent and warrant that you have been, are, and will be solely responsible for making your independent appraisal and investigations into the risks of a given transaction and the underlying digital assets, including smart contracts. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your evaluation of the merits and risks of any transaction conducted in connection with the Technology or any digital asset.
You accept all consequences of using the Technology, including the risk that you may lose access to your digital assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in these Terms, we accept no responsibility whatsoever for, and will in no circumstances be liable to you in connection with, your use of the Technology for performing digital asset transactions, including entering into smart contracts.
You hereby acknowledge and agree that we will have no responsibility or liability for the risks set forth in this Section or inherent to the use of the Technology.
You hereby irrevocably waive, release, and discharge all claims, whether known or unknown to you, against us and our shareholders, members, directors, officers, employees, agents, and representatives, suppliers, and contractors related to any of the risks set forth in this Section or inherent to the use of the Technology.
You understand and acknowledge that before you use the Technology, you should be familiar with any rules or laws relevant to the Technology provided.
You should obtain independent advice about the different types of Technology available in both your home jurisdiction and other relevant jurisdictions before you start using the Technology. If your country of residence imposes restrictions on digital assets, we may be required to discontinue your access to the Technology. We may not be permitted to transfer digital assets or permit the transfer of digital assets as a consequence of a judicial or administrative order or regulatory environment.
You are responsible for all taxes in respect of any gains obtained by using the Technology. Before using our Technology, you should understand the tax implications of acquiring, entering into, holding, and disposing of a digital asset. You should consult your independent tax advisor to understand the relevant tax implications of your activities.
You understand that the use of the Technology is exposed to regulatory and legal risk, and that the regulatory framework of digital assets may change or vary according to each jurisdiction. The effect of regulatory legal risk may affect the value of any digital asset. The laws of various jurisdictions may apply to digital assets listed in the Technology. Applying these laws and regulations to digital assets is untested, and laws and regulations are subject to change without prior notice. As a result of regulation and legislation around digital assets, the Technology may become or not be available in certain jurisdictions.
You understand that we have no ability to recover lost credentials or restore lost access to the wallet you use to access our Technology.
You understand that we will not be a party to or in any way oversee any transaction between you and any other user or third party.
You represent that your use of the Technology, including any interaction with digital assets, does not contravene any laws or regulatory frameworks, including those relating to financial services, securities, anti-money laundering, taxation, or consumer protection.

6. Third Party Resources

The Technology interface may contain references or links to third-party resources, including, but not limited to, information, materials, products, or Technology that we do not own or control. In addition, third parties may offer promotions related to your access and use of the Technology.
We do not endorse or assume responsibility for such resources or promotions. If you access any such resources or participate in such promotions, you do so at your own risk, and you understand that the Terms do not apply to your dealings or relationships with any third parties.
You expressly relieve us of any liability arising from your use of any such resources or participation in any such promotions or marketing campaigns.

7. Prohibited Activities

You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activities in connection to your access and use of the Technology:

Activities that infringe on or violate any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under any law or jurisdiction.
Activities that seek to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks.
Activities that seek to defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.
Activities that violate any applicable law, rule, or regulation concerning the integrity of trading markets.
Activities that violate any applicable law, rule, or regulation concerning the trading of securities or derivatives, including (but not limited to) the unregistered offering of securities and the offering of leveraged and margin commodity products to retail customers in any applicable jurisdiction.
Activities that violate any applicable law, rule, or regulation in any jurisdiction, including (but not limited to) the restrictions and regulatory requirements.
You warrant that you have no knowledge that, nor any reason to suspect that your Augmented Bonding Curve funding or revenue has been or will be derived from, is related to or represents any benefit arising in respect of any illegal activities.

8. Ownership and Intellectual Property Rights

We own all intellectual property and other rights associated with our Technology, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, and designs.
Any of our names, logos, and other marks used in the Technology as a part of our Technology, are trademarks owned by us, our affiliates or its applicable licensors. You may not copy, imitate or use such trademarks without our, or the applicable licensor's prior written consent.
You acknowledge that certain aspects of our Technology may use, incorporate or link to certain open-source components and that your use of the Technology is subject to, and you will comply with, any applicable open-source licenses that govern any such open-source components.
Excluding third-party software that our Technology incorporate, we own the Technology and all portions thereof, including all technology, content and other materials used, displayed or provided on or in connection with the Technology, including all intellectual property rights therein and thereto, whether or not subject to the open-source licenses, and hereby grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to access and use those portions of the Technology that are proprietary and not available pursuant to the open-source licenses.
The Technology are non-custodial. When you deposit digital assets into any smart contract, you retain control over those digital assets at all times. The private key associated with the Wallet address from which you transfer digital assets is the only private key that can control the digital assets you transfer into the smart contracts. You may withdraw digital assets from any smart contract only to the wallet address from which you deposited the digital assets.
All intellectual property rights, including but not limited to trademarks, logos, and content, related to Projects included in the ABC Launcher dApp, and associated materials, are owned by their respective owners. You agree not to reproduce, distribute, or use any intellectual property without prior written consent from the respective owner.

9. Non-Custodial

The Technology is a non-custodial software application, in which you are the sole responsible for the custody of the cryptographic private keys to the digital assets and wallets you hold to access and use our Technology.
These Terms do not create or impose any fiduciary duties on us.
To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated.
You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.

10. Privacy

While using the Technology we may collect some personal data in order to provide our Technology, including your blockchain wallet address, completed transaction hashes and token IDs. We may also use third-party analytics Technology to track your use of the website so we can improve the user experience.
To comply with AML and KYC regulations, you may be required to provide personal information and documentation. We reserve the right to conduct AML and KYC checks on participants and may refuse participation to anyone who fails to meet the required standards. We use the information we collect to detect, prevent, and mitigate financial crime and other illicit or harmful activities on the Technology. For these purposes, we may share the information we collect with blockchain analytics providers. We share information with these service providers only so that they can help us promote the safety, security, and integrity of the Technology.
We may use third-party service providers which may receive or independently obtain your personal information from publicly-available sources. By accessing and using the Technology, you understand and consent to our data practices and our service providers' treatment of your information.
For more information please visit our privacy policy at https://qacc.giveth.io/privacy-policy.

11. Modification of this Agreement

We reserve the right, in our sole discretion, from time to time, without prior notice, to modify, suspend or disable, temporarily or permanently, the Services in whole or in part, for any reason whatsoever, including, but not limited to, as a result of a security incident.
All modifications will be effective when they are posted, and your continued access or use of the Services will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using the Services. It is your responsibility to review them periodically.
We will not be liable for any losses suffered resulting from any modification to the Services or from any suspension or termination, for any reason, of your access to all or any services of the Services.

12. Disclaimers

We do not endorse or provide investment advice. The Technology is provided on an "as is" and "as available" basis, without any warranties or guarantees of any kind.
We shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages arising out of or in connection with your use of the Technology.

13. Indemnification

You will defend, indemnify, and hold harmless the Accelerator and Giveth, our affiliates, respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, "Indemnified Parties") from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out of or relating to:

Your use of, or conduct in connection with, the Technology;
Polygon POS blockchain assets associated with your Wallet address;
Any feedback or user content you provide to the Technology if any;
Your violation of these Terms; or
Your infringement or misappropriation of the rights of any other person or entity.

If you are obliged to indemnify any Indemnified Party, we will have the right, in our sole discretion, to control any action or proceeding and to determine whether we wish to settle, and if so, on what terms. To the maximum extent permitted under applicable law, the Indemnified Parties disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement and disclaim all responsibility and liability for:

The Services are accurate, complete, current, reliable, uninterrupted, timely, secure, or error-free. Information (including, without limitation, the value or outcome of any transaction) available through the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the Services information is at your own risk;
You expressly acknowledge that the Indemnified Parties are not liable for loss or damage caused by another user's conduct, unauthorized actors, or any unauthorized access to or use of the Services, including the Projects and its promoters;
Viruses, worms, trojan horses, time bombs, cancelbots, spiders, malware or other types of malicious code that may be used to affect the functionality or operation of the Services

14. Limitation of Liability

We shall, in no event, be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, goodwill, profits or other business or financial benefit) arising out of or in connection with the Technology (and any of their content and functionality), any execution or settlement of a transaction, any performance or nonperformance of the Services, Projects listed therein or any Token exchange, whether under contract, tort (including negligence), civil liability, statute, strict liability, breach of warranties, or under any other theory of liability, and whether or not we had been advised of, knew of or should have known of the possibility of such damages and notwithstanding any failure of the essential purpose of these Terms or any limited remedy hereunder.
This limitation of liability shall apply to the fullest extent permitted by law.

15. Release

You expressly agree that you assume all risks concerning your access to and use of the Technology. Additionally, you expressly waive and release us from any liability, claims, causes of action, or damages arising from or in any way relating to your access to and use of the Technology.
These Terms will survive any termination of your access to the Technology, regardless of the reasons for its expiration or termination, in addition to any other provision which by law or by its nature should survive.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Switzerland.
Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Zug, Switzerland.