Terms of Use

Last Updated
March 8, 2022

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PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

These terms and conditions together with any documents and additional terms they incorporate by reference (collectively, these “Terms”) constitute a binding legal agreement between the Forta Foundation (the “Foundation”) and each individual, entity, group or association who views, interacts with, links to, or otherwise uses or derives any benefit from the Services (as defined below). If a user engages with the Services under authority from a different party or on another party’s behalf, then “you” (and its variants, including “your”) as used herein refers to that person on whose behalf the Services are used (e.g., an employer). If the person engaging with our Services is an individual, acting in their own individual capacity, then “you” refers to that individual. If you have anyone using the Services on your behalf, you agree that you are responsible for the actions and inactions of all such persons, as if they were your own.  

To use any Services (as defined below), you must first agree to the Terms. If you do not agree to the Terms, you are not authorised to access or use any Services. You acknowledge and agree that you have accessed online and/or been provided a copy of these Terms and that you have read, understand and agree to be bound by these Terms in their entirety by: (a) accessing or using any Services; (b) clicking or tapping on a button indicating your acceptance; or (c) executing or making payment based on an order form that references these Terms and the Foundation will treat any of the foregoing as acceptance of the Terms from that point onwards.

These Terms contain a binding arbitration clause and class action waiver that impact your rights about how to resolve disputes. If you do not agree to these Terms in their entirety, you must not access or use any Services. Please refer to the Foundation’s Data Privacy Notice available at https://forta.org/privacy-policy/ for information about how the Foundation may collect, use, share and otherwise process personal information about you.

Please contact info@forta.org for any questions or issues regarding these Terms or the Services. The Foundation shall be entitled to amend each and every element of the Terms from time to time. When these changes are made, the Foundation will make a new copy of the Terms available at https://forta.org/legal/. You understand and agree that if you use any Services after the date on which the Terms have changed, the Foundation will treat your continued use of the Services as acceptance of the updated Terms.

ABOUT THE FORTA NETWORK

The “Forta Network” is a decentralized blockchain monitoring protocol comprised of self-executing smart contracts deployed on various blockchains from time to time and related software freely licensed to the public.

The Forta Network enables third-party developers (each, a “Bot Developer”) to independently deploy computing scripts designed for automated blockchain transaction monitoring that provide their users with data regarding certain transactions, as specified in their description (each, a “Detection Bot”).

The Forta Network is supported by third-party node operators who are responsible for running Detection Bots on a block-by-block basis (each, a “Node Runner”) and emitting signed alerts to the Forta Network if the conditions specified in Detection Bots are met or not (each, a “Data Feed”).  

ABOUT THE FOUNDATION

The Foundation is a Cayman foundation that holds and facilitates community governance over certain assets and infrastructure related to the Forta Network (e.g., certain intellectual property, Github repositories, databases, and FORT tokens). The Foundation’s mission is to steward the continued evolution of the Forta Network by facilitating the collective action of its decentralized community of Bot Developers, Node Runners, developers, and users. The primary governing body of the Foundation is the Forta Governance Council, which was elected by FORT token holder vote pursuant to the Bylaws of the Foundation.

THE SERVICES

The “Services” refers, collectively, to the Forta website application, API, SDK, smart contracts, node software, Firewall, and any other software, documentation, data, resources, interfaces, applications, tutorials, tweets, discord content, APIs, digital assets, tokens, repositories, documentation, blog posts, videos, forums, features, tools or code offered from time to time by the Foundation, including the websites (and any of their respective sub-domains) located at:

- forta.org;

- app.forta.network;

- firewall.forta.network;  

- docs.forta.network;

- gov.forta.network; and

- snapshot.org/#/forta.eth.

The Foundation reserves the right, in its sole discretion, to charge fees for your use of some or all of the Services, and to introduce new fees in connection with your use of the Services. Please note that any fees charged for the Services are separate and distinct from any fees that may be imposed by the Forta Network itself.

1. If you are a Bot Developer.

The Services may assist you (as a Bot Developer) to create a Detection Bot, deploy it on the Forta Network and offer its Data Feed to other users. The Forta Network protocol will automatically include your Detection Bot as part of a general subscription plan Data Feed, but you may also, in your discretion, apply through the Forta community governance process to create your own subscription plans subject to different terms and conditions. That said, the Foundation is not responsible and undertakes no obligation to assist you in regards to your Detection Bot or enforce your particular terms and conditions for use of your Data Feeds by other users.  In any event, these Terms shall apply to everyone’s use of all Detection Bots created and deployed in the Forta Network, when accessed using the Services.

The Foundation reserves the right to (a) terminate or suspend a Bot Developer’s access to the Services at any time and for any reason, or (b) remove or suspend a Detection Bot from the Services at any time and for any reason. Such termination, suspension, or removal may occur without prior notice.

As a Bot Developer, you may earn compensation in the Forta Network for deploying your Detection Bot, subject to its number of subscribers and how often it is used, but such compensation is not guaranteed in any way. Payments are subject to the Forta Network protocol and any other terms and conditions of the Data Feed. Where technically feasible, the Foundation reserves the right to block or withhold access to funds for violations of these Terms or for any other reason, including if required by law.

WHILE THE FOUNDATION RESERVES THE RIGHT TO TAKE DOWN OR PREVENT ACCESS TO ANY DETECTION BOTS ON THE SERVICES WHICH IT THINKS, IN ITS SOLE DISCRETION, MAY VIOLATE THESE TERMS, THE FOUNDATION DOES NOT UNDERTAKE AND HAS NO RESPONSIBILITY FOR MONITORING OR POLICING THE DETECTION BOTS OR THEIR DATA FEEDS ON THE SERVICES OR THE FORTA NETWORK. YOU HEREBY HOLD THE FOUNDATION HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, COSTS OR LOSSES YOU INCUR OR SUFFER ASSOCIATED WITH: (A) ANY DELAYS IN, OR FAILURE TO RECEIVE COMPENSATION FOR DATA FEEDS; (B) THE PRICES SET FOR USERS TO OBTAIN ACCESS TO DATA FEEDS; (C) ANY FAILURE TO ENFORCE SUBSCRIPTION TERMS ON OTHER USERS; (D) REMOVAL OF YOUR DETECTION BOT AND DATA FEEDS FROM THE SERVICES, OR OUR THE FOUNDATION’S DECISION TO SUSPEND THEM FROM THE SERVICES FROM TIME TO TIME (OR INDEFINITELY).

2. If you are a Node Runner.

The Services may assist you (as a Node Runner) to create nodes (including node pools) and operate them in the Forta Network. The Forta Network protocol will automatically assign your nodes to run certain Detection Bots. You acknowledge and agree that the Foundation does not screen Bot Developers or Detection Bots or perform any sort of background or other confirmation or check on Bot Developers or Detection Bots. The Foundation also does not screen the quality or functionality of any Detection Bot or related Data Feed. The Foundation therefore does not guarantee the identity of Bot Developers or the veracity of any claims they make with respect to their Detection Bots, Data Feeds or operations.

Bot Developers independently offer Detection Bots and related Data Feeds to users on licensing and other terms and conditions of their choice. To the extent it is specified in the Detection Bot or Data Feed, you acknowledge and agree that (a) your use of any Detection Bots is subject to such third-party terms, (b) that you will comply with such terms, and (c) that you will hold the Foundation harmless for any liability due to your violation of such terms.

The Foundation is not responsible and undertakes no obligation to review the setup or operation of your node(s).  In any event, these Terms shall apply to everyone’s use of nodes in the Forta Network when accessed using the Services.

The Foundation reserves the right to (a) terminate or suspend a Node Runner’s access to the Services at any time and for any reason, or (b) remove or suspend a Node Runner from the Services at any time and for any reason. Such termination, suspension, or removal may occur without prior notice.

As a Node Runner, you may earn compensation for operating your node(s), for example through the node runner rewards program funded by the Foundation from time to time. Any such rewards are subject to the Forta Network protocol (including any applicable SLA) and are not guaranteed in any way. Payments are subject to any other terms and conditions of any reward program. Where technically feasible, the Foundation reserves the right to block or withhold access to funds for violations of these Terms or for any other reason, including if required by law.

The Foundation may determine in its sole discretion the amount of rewards that are offered to Node Runners, even if you disagree with it. Also, the Foundation reserves the right to alter the amount of rewards for Node Runners in its sole discretion.

WHILE THE FOUNDATION RESERVES THE RIGHT TO TAKE DOWN OR PREVENT ACCESS TO ANY NODE RUNNER ON THE SERVICES FOR ANY REASON, INLUDING IF THE FOUNDATION THINKS THEY ARE VIOLATING THESE TERMS, THE FOUNDATION DOES NOT UNDERTAKE AND HAS NO RESPONSIBILITY FOR MONITORING OR POLICING THE NODE RUNNERS OR THEIR NODES ON THE SERVICES OR THE FORTA NETWORK.

YOU HEREBY HOLD THE FOUNDATION HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, COSTS OR LOSSES YOU INCUR OR SUFFER ASSOCIATED WITH: (A) ANY DELAYS IN, OR FAILURE TO RECEIVE COMPENSATION FOR NODE(S); (B) THE AMOUNT OF REWARDS RELATED TO NODE(S); (C) ANY FAILURE BY TO COMPLY WITH LICENSE TERMS AND CONDITIONS OF DETECTION BOTS; (D) REMOVAL OF YOUR NODE(S) FROM THE SERVICES, OR THE FOUNDATION’S DECISION TO SUSPEND THEM FROM THE SERVICES FROM TIME TO TIME (OR INDEFINITELY).

3. If you are a user of a Data Feed.

You acknowledge and agree that Bot Developers may charge fees for your use of their Detection Bots and related Data Feeds (including the Foundation, if acting as a Bot Developer). You will have the opportunity to subscribe to certain Data Feeds, and in so doing, you agree to pay all applicable fees due to the respective Bot Developer(s) for same. The timing and amount of each subscription depends on the Data Feed you select (e.g., the general plan Data Feed or a specific premium plan Data Feed), which will be specified with the Data Feed.

Subscriptions and Data Feed offerings vary. Please be sure you understand the terms applicable to your use of a particular Data Feed prior to initiating a subscription.  

If your subscription plan includes an auto-renewal option (e.g. if you pay using the Unlock smart contracts), you must cancel your subscription before the renewal date if you do not wish to continue using that Data Feed. It is your responsibility to manage and cancel your subscription in accordance with the Forta Network protocol and any other terms provided with the Data Feed.

You acknowledge and agree that the amount you are charged for a subscription upon renewal may increase with or without notice to you. You are required to regularly check your subscriptions to verify the current pricing for any applicable plans. The Foundation will not handle any payments issues you might encounter while using the Services, including fraud, errors, or disputes related to payments, which must be handled directly with the Bot Developer offering the Data Feed.

Cancelling your membership may result in your loss of access to the Data Feed. You may also lose access to the Data Feed if your payment method fails or Bot Developers stop making available some or all of their Detection Bots or Data Feeds. You may also lose access to the Data Feed through the Services if the Foundation terminates or suspends your account, if the Foundation removes a Bot Developer, Detection Bot or Data Feed from the Services, or the Foundation changes who has access to the Services. The Foundation is not required to allow you to access the Services, or be a user of, or to otherwise interact with, any particular Bot Developer, Detection Bot, Data Feed or Node Runner.

You must make all payments in the digital assets or currency specified in the Data Feed. Third-party blockchains, protocols and services may apply fees related to the payments associated with the Data Feed as well, and you agree that it is solely your responsibility to pay all such fees. The Foundation has no independent control over such third-party systems and fees, and has no knowledge of whether the fees are applied or when or how they are applied.

Bot Developers independently offer Detection Bots and related Data Feeds to users on terms and conditions of their choice. To the extent it is specified in the Detection Bot or Data Feed, you acknowledge and agree that (a) your subscription to and use of any Data Feeds and related Detection Bots is subject to such third-party terms, (b) that you will comply with such terms and conditions, and (c) that you will hold the Foundation harmless for any liability due to your violation of such licenses.

You acknowledge and agree that the Foundation does not screen Bot Developers or Node Runners or perform any sort of background or other confirmation or check on Bot Developers or Node Runners. The Foundation also does not screen the quality or functionality of any Detection Bot or Data Feed. The Foundation therefore does not guarantee the identity of Bot Developers or Node Runners or the veracity of any claims they make with respect to their Detection Bots, Data Fees or operations.

YOU ACKNOWLEDGE AND AGREE THAT THE FOUNDATION DOES NOT PROVIDE RESOLUTION FOR ANY QUALITY CONCERNS OR FEE DISPUTES, AND DOES NOT HAVE A MECHANISM TO ASSIST YOU WITH ADDRESSING ANY QUALITY CONCERNS OR FEE ISSUES RELATED TO THE FORTA NETWORK. YOU HEREBY HOLD THE FOUNDATION HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, COSTS OR LOSSES YOU INCUR OR SUFFER ASSOCIATED WITH: (A) YOUR USE OF ANY DETECTION BOTS AND DATA FEEDS; (B) YOUR RELIANCE ON ANY NODE RUNNER; (C) THE FEES YOU INCUR AS YOU USE THE SERVICES (WHETHER IMPOSED BY A BOT DEVELOPER, THIRD-PARTY PROTOCOLS OR SERVICES, OR THE FOUNDATION); (D) ANY PAYMENT ISSUES OR CONCERNS YOU EXPERIENCE WHILE USING THE SERVICES, INCLUDING FRAUD AND ERRORS.  

4. If you are staking in the Forta Network.

The Services may assist you to undertake certain activities in the Forta Network that require you to stake FORT tokens, for example to deploy a Detection Bot or operate a node. Additionally, the Services may assist you to stake FORT tokens by delegating them to a Node Runner (or pool), for example by using the FORT Vault smart contract. Therefore, any FORT tokens that you stake utilizing the Services are subject to these Terms.

If you choose to stake your FORT tokens with a third-party Node Runner (or pool), then such staking may be subject to the third party’s staking terms and conditions. THE FOUNDATION DOES NOT PROVIDE ANY ADVICE OR MAKE ANY RECOMMENDATIONS ABOUT ENGAGING IN STAKING BY ANY MEANS, INCLUDING THROUGH THE FORT VAULT OR CHOOSING A NODE RUNNER (OR POOL) DIRECTLY. Your choice to participate in staking and which method to do so are entirely your own. The Foundation reserves the right to modify the list of referenced Node Runners (or pools) within the Services at any time without prior notice.

You understand and agree that the delegation of staking rights to a Node Runner (or pool) listed in the Services, whether through the FORT Vault or otherwise, does not grant to your benefit any right to request payment of any kind, but merely provides a potential right to share a reward received by any such Node Runner (or pool) based on the Forta Network protocol. Your reward will be determined by the Node Runner terms and conditions and the Forta Network protocol. Please be aware the Forta Network protocol may require that a certain amount of your staked assets be “locked” (restricted from any use, sale or transfer) for a certain period of time while staking and upon withdrawal.

You acknowledge and agree that if you use the Services to stake, you do so at your own risk. You should not engage in any staking unless it is suitable given your level of expertise and resources. By using the Services to participate in any staking, you acknowledge and agree that you are solely responsible for conducting your own due diligence into the risks of such transactions and the underlying smart contracts and digital assets and you accept all liability related thereto. The Foundation is not responsible in any way for any failure by the Forta Network or any supported blockchain network, the FORT Vault, or Node Runner (or pool) to earn or transfer rewards (including any risks of “slashing” of your staked FORT tokens) or for the loss, destruction, or transfer of rewards to the incorrect digital wallet address.

THE FOUNDATION DOES NOT GUARANTEE THAT YOU WILL RECEIVE STAKING REWARDS OR ANY STAKING REWARD RATES. SUCCESSFUL RECEIPT OF THE REWARDS IS SUBJECT TO THE FORTA NETWORK PROTOCOL, THE FORT VAULT, AND NODE RUNNERS, AND IS NOT UNDER THE FOUNDATION’S INDEPENDENT CONTROL. REWARD RATES ARE DETERMINED BY THE FORTA NETWORK PROTOCOL AND THE PERFORMANCE OF NODE RUNNERS AND MAY FLUCTUATE, INCLUDING BECAUSE THE UNDERLYING NODE RUNNER SERVICES GENERATING REWARDS ARE PERFORMED IMPROPERLY. YOU HEREBY HOLD THE FOUNDATION HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, COSTS AND LOSSES YOU MAY SUFFER OR INCUR IN CONNECTION WITH: (A) ANY STAKING YOU CONDUCT ON OR THROUGH THE SERVICES; (B) ANY REWARDS ISSUES OR CONCERNS YOU EXPERIENCE WHILE STAKING, INCLUDING ANY MISSED REWARDS; (C) THE STAKING METHOD YOU SELECT; (D) THE DISCONTINUANCE OF ANY REWARD PROGRAMS, AND (E) THE DELEGATION OF YOUR STAKING RIGHTS TO ANY THIRD PARTY, INCLUDING A NODE RUNNER (OR POOL).  

5. If you are a user of Forta Firewall

Forta Firewall is a novel exploit prevention solution that is under ongoing development by multiple members of the Forta community and is being made available by the Foundation. Forta Firewall is experimental and expected to decentralize over time, and as result, the features and functionality of Forta Firewall are subject to change. As an emerging technology, you acknowledge and agree that Forta Firewall may not detect or prevent all exploits, and you use it at your own risk.

Forta Firewall is provided “as is,” without any representations, warranties, covenants or obligations of any kind. Any use of Forta Firewall is solely at your risk. YOU ACKNOWLEDGE AND AGREE THAT FORTA FIREWALL IS UNDER ONGOING DEVELOPMENT AND IS A NOVEL TECHNOLOGY SUBJECT TO CHANGES, ERRORS AND INACCURACIES. YOU HEREBY HOLD THE FOUNDATION HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, COSTS OR LOSSES YOU HAVE INCUR OR SUFFER ASSOCIATED WITH YOUR USE OF FORTA FIREWALL.

PAYMENT AND TAXES

1. You agree to the automated collection and disbursement of payments by smart contracts.

You acknowledge and agree that all transactions made on blockchain-based networks will be automatically processed using one or more smart contracts. By engaging in such transactions utilizing the Services, you acknowledge and consent to the automatic processing of all transactions. You further acknowledge and agree that the applicable smart contract(s) will dictate how the funds of a transaction and ownership of digital assets are distributed and that the Foundation has no independent control over such transactions.

2. There may be blockchain fees associated with your use of the Services.

Transactions using blockchains may require the payment of gas and other fees, which are essentially network transaction fees paid on every transaction that occurs on the underlying blockchain network. Please note that gas and other fees are non-refundable, and not disclosed up front. The Foundation does not provide any services to deliver, hold, or receive payment for gas or other fees. The Foundation does not receive any such fees and has no ability to reverse or refund any amounts incurred, even if paid in error.

3. You are responsible for your taxes and duties.

You bear sole responsibility for paying any and all taxes, duties, and assessments now or hereafter claimed or imposed by any governmental or other authority associated with your use of the Services and the Forta Network. Blockchain-based transactions and decentralized networks are novel, and their tax treatment is uncertain. The Foundation has undertaken no due diligence or investigation into such tax consequences, assumes no obligation or liability regarding tax consequences to any person and is not providing tax advice.

It is your responsibility to ensure you have accounted for, reported to the proper authority, and paid all such taxes to the applicable authority, if they become due. The Foundation does not undertake any obligation to calculate or report any such taxes, nor collect or disburse them on your behalf. The taxes you owe are solely your responsibility. You agree to hold the Foundation harmless and release the Foundation from and against any claims, losses, damages or demands arising in connection with taxes you may owe as a result of your transactions using the Services or the Forta Network.

RISKS

1. Participating in the Forta Network does not require use of the Services.

The Services offer technology that may assist you to compose and execute transactions you would like to perform in connection with the Forta Network. The Services may combine publicly available information from a supported blockchain with your commands within the Services, producing a draft standard transaction message compatible with the Forta Network, intended to accomplish your operational goals as expressed through your interactions with the Services. You must then personally review and authorize the transaction with a third-party digital wallet application, device, address, private key or similar functionality selected by you that you control, that is inaccessible to the Services. The transactions authorized by you will then be broadcast to the blockchain by a third-party service, which may require you to pay a network fee (or “gas”) to have the validators apply the transaction to the blockchain, resulting in any successful transaction being completed by you on that blockchain.

2. You must verify all transaction information prior to execution.

Although certain Services are designed to assist you in composing, automating and executing transactions on the Forta Network, you acknowledge and agree that the Foundation strictly cannot perform or execute transactions on your behalf and that you are solely responsible for reviewing and executing all of your transactions. The Foundation does not review or guarantee any transactions, including the data, value, or instructions contained therein. You acknowledge and agree that the Foundation shall bear no liability or responsibility for your transactions, including in the event you execute an erroneous transaction. Blockchain transactions typically cannot be reversed once they have been broadcast to the relevant network (even if in a pending state while the transaction is processed by network operators).

3. The Services are merely an informational resource about the Forta Network.

All information provided in connection with your access and use of the Services is intended for informational purposes only. While the Foundation strives to provide accurate and reliable information, it cannot guarantee the accuracy, completeness, or timeliness of the information provided. It is possible that the information may be outdated or subject to errors and omissions. The Foundation has no obligation to ensure that the Services are a complete and accurate source of all information relating to the Forta Network or any other subject matter. The Services do not necessarily display all information that is available in connection with the Forta Network. Even if the Services currently display particular information, the Services may discontinue tracking and publishing information about that information at any time, in the Foundation’s sole and absolute discretion.

You should not take, or refrain from taking, any action based on any information provided in connection with the Services. You further acknowledge and agree that the Foundation will not be responsible or liable for any damage or loss arising in connection with your use of or reliance on any such information available in connection with the Services.

4. The Services are not the only source of information about the Forta Network.

The Services aggregate and publish certain information about the Forta Network in a user-friendly and convenient format. Information about the Forta Network is also independently available from other sources—for example, you may directly review the Forta Network smart contracts and related transactions using a node, a compatible block explorer for the supported blockchain, IPFS, or otherwise. Your expertise and the quality and availability of other information may dictate your ability to access information related to the Forta Network and you acknowledge and accept such risks.

5. You assume the risks of using novel and experimental technology.

Technologies such as blockchains, smart contracts, digital assets, cryptographic tokens, decentralized monitoring data and other nascent software, applications, methods and systems that interact with blockchain-based networks like the Forta Network are experimental, speculative, inherently risky, and subject to change. You bear sole responsibility for evaluating the Services before using them and accepting such risks.

The Services may be disabled, disrupted, hacked or adversely impacted as a result of bugs, vulnerabilities, cyber-attacks, surges in activity, computer viruses, economic attacks, changes to the Forta Network or related blockchains (e.g., forks) or other operational or technical issues, which could result in a total loss or corruption of data, digital assets, or any related value. The Foundation disclaims any ongoing obligation to notify you of all the potential risks of accessing and using the Services and assumes no liability or responsibility for any such risks. You agree to accept these risks and agree that you will not seek to hold the Foundation responsible for any consequent losses. If you are not comfortable assuming these risks, you should not access or engage in transactions using blockchain-based technology, including by using the Services.

6. You must be capable of independently evaluating the Services.

You represent and warrant at all relevant times that you are knowledgeable, experienced and sophisticated in using and evaluating blockchain and related technologies and digital assets, including the Forta Network, smart contracts, tokens and staking and that you have conducted your own thorough independent investigation and analysis of the Services and the Forta Network and the other matters contemplated by these Terms, and that you have not relied upon any statement, omission, representation or warranty, express or implied, written or oral, made by or on behalf of the Foundation, except as expressly set forth by the Foundation in these Terms.

7. You use third-party services in conjunction with the Services and the Forta Network at your sole risk.

References, links, referrals to, connections with or reliance on third-party products, services, resources, promotions or content, including software and applications developed, owned, controlled, sponsored or operated by third parties (“Third-party Services”), may be provided to you in connection with the Services or relied on by the Services. The Foundation does not endorse or assume responsibility for any Third-party Services, including:

- any Detection Bots or Data Feeds;

- any Node Runners or node pools;

- the FORT Vault;

- any apps like Discord or MetaMask; or

- any blockchain, including Ethereum and Polygon.

If you access or use any Third-party Services, you do so solely at your own risk. The Foundation does not have control over Third-party Services. Consequently, the Foundation cannot and does not guarantee, endorse or recommend Third-party Services to you and makes no representations or warranties regarding the content or accuracy of any Third-party Services. You should review the applicable terms, conditions and policies of any Third-Party Services, including privacy and data gathering practices, and should make whatever investigation you feel necessary or appropriate before proceeding. You hereby expressly waive and release the Foundation from all liability arising from your use of or reliance on any Third-party Services.

8. You may use digital wallets to interact with the Forta Network.

To interact with the Forta Network using the Services, you may need to connect and verify a digital wallet. It’s essential to understand that your digital wallet is provided by a Third-party Service and is generally governed by separate terms and conditions set by the respective Third-party Service provider. These terms and conditions may involve additional fees, disclaimers, or risk warnings regarding the accuracy and reliance on the provided information. It is your sole responsibility to review and comprehend the terms and conditions associated with your chosen digital wallet provider to ensure compliance and to be aware of any applicable charges or risks. You acknowledge and agree that the Foundation has no access to or control of any digital wallet and that it shall not be liable in relation to your use of any digital wallet.

9. You are solely responsible for the security of your addresses, private keys and other unique identifiers.

You understand and agree that you are solely responsible for all matters relating to any addresses, private keys, and other unique identifiers that you generate or use in conjunction with the Services and the Forta Network and for ensuring that all uses thereof comply fully with these Terms and applicable law. You are solely responsible for maintaining the data integrity, confidentiality and security of your addresses, private keys and other unique identifiers. The Foundation does not have access to your addresses, private keys or unique identifiers used in connection with the Services. Any unauthorized access to such credentials by third parties could result in the abuse of related activities and loss or theft of any data (including digital assets) held in any associated accounts. You understand and agree that the Foundation has no involvement in, and you will not hold us responsible for, managing and maintaining the security of your addresses, private keys and unique identifiers. Typically addresses, private keys and unique identifiers from which you interact with the Services or the Forta Network are the only way to control your transactions, including any transactions that involve digital assets.

10. You retain full control over your digital wallet, addresses, private keys and other unique identifiers.

The Foundation does not have possession, custody or control over any of your digital wallets, addresses, private keys, passwords, accounts or unique identifiers or any related tokens, digital assets or other property, and is not capable of performing transactions on your behalf. The Services do not hold and cannot purchase, sell or trade any tokens. You understand and agree that when you interact with the Services, you retain control over your property and digital assets at all times, including when you engage in staking on the Forta Network.

11. The Foundation is not an intermediary to transactions.

Due to the non-custodial and decentralized nature of the technology, the Foundation is not an intermediary, agent, advisor, or custodian, and it does not have a fiduciary relationship or obligation to you regarding any decisions or activities that you effect when using the Services. For example, when you pay subscription fees to subscribe to a Data Feed in the Forta Network using smart contracts, such fees are transferred to the Detection Bot developer in a peer-to-peer manner. All transactions on the blockchain are irreversible, final, and without refunds and you acknowledge and accept all risks related to your transactions.

12. Your use of the Forta Network may involve essential third-party software dependencies.

The Forta Network, the FORT Vault, Ethereum and the Polygon blockchain and other relevant blockchain systems and smart contracts are public software utilities which are accessible directly through any compatible node or indirectly through any compatible application which interacts with such a node (e.g., digital wallet software). Participating in the Forta Network does not require use of the Services, but the Services may provide a convenient and user-friendly method of reading and displaying data from the Forta Network and generating standard transaction messages compatible with the Forta Network. Because the Services do not provide digital wallet software or nodes for supported blockchains, such software constitutes an essential third-party or user dependency without which the Forta Network and the underlying blockchain cannot be utilized. Furthermore, the Services may utilize APIs, middleware and servers of the Foundation or third parties, and the Foundation does not guarantee the continued operation, maintenance, availability or security of any of the foregoing dependencies, which may impact your ability to read and display data from the Forta Network or participate in the Forta Network.

13. No responsibility or liability for the risks of using the Services or the Forta Network.

YOU ACKNOWLEDGE, AGREE, AND ACCEPT ALL THE RISKS DESCRIBED IN THIS SECTION 5, AND ALL RISKS ASSOCIATED WITH USING OUR SERVICES.

THE FOUNDATION DOES NOT HAVE CONTROL OVER AND IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR ANY BLOCKCHAIN OR ANY RELATED PROTOCOL. THE FOUNDATION WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES IN CONNECTION WITH YOUR USE OF THE SERVICES OR ENGAGING IN DIGITAL ASSET TRANSACTIONS.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE FOUNDATION WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE RISKS SET FORTH IN THIS SECTION 5, AND YOU HEREBY HOLD THE FOUNDATION HARMLESS FROM AND AGAINST SAME.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ADOPTING SECURITY PROCEDURES TO SECURE AND RECOVER ANY THIRD-PARTY ACCOUNTS, PROFILES, OR ACCESS TO SERVICES, INCLUDING BUT NOT LIMITED TO ANY OF YOUR ADDRESSES, KEYS, UNIQUE IDENTIFIERS AND ANY ASSETS ASSOCIATED THEREWITH. AS SUCH, YOU AGREE THAT THE FOUNDATION SHALL NOT BE LIABLE FOR ANY FAILURE OF ANY SECURITY PROCEDURES OR ANY OTHER ACTS OR OMISSIONS WHICH MAY RESULT IN YOUR LOSS OF ACCESS TO YOUR THIRD-PARTY ACCOUNTS, OR ACCESS TO SERVICES, INCLUDING BUT NOT LIMITED TO ANY YOUR ADDRESSES, KEYS, UNIQUE IDENTIFIERS AND ANY DIGITAL ASSETS YOU HOLD.

INTELLECTUAL PROPERTY MATTERS

1. The Foundation grants you permission to access and use the Services.

The Foundation grants you permission to access and use the Services, subject to your ongoing compliance with these Terms. These Terms do not grant you any other right not specifically set forth herein. You may not resell, lease, lend, share, distribute or otherwise permit any third party to use the Services or otherwise use the Services in a manner that violates these Terms.

2. The Foundation and its licensors own all rights in the Services.

You acknowledge that the Services are the exclusive property of the Foundation or its licensors and that these Terms do not grant you any title, rights of ownership, license or other interest in the Services or any components thereof, other than as expressly set forth in these Terms. The Services may include software and other content provided by the Foundation or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software and other content.

3. You must comply with any additional license terms and conditions contained in the Services or the Forta Network.

Certain components of the Services and the Forta Network are offered as, under, use, incorporate or link to open-source software and you acknowledge and agree that your use of such Services is subject to, and you will comply with, any applicable licenses that govern such software (“OS Licenses”). For example, OS Licenses include the “MIT License”, the “Forta Bot License”, and the “Forta Network License”. OS Licenses are generally included in a “LICENSE” or “README” file included with the software or in the related repository (e.g., on GitHub or GitLab). Without limiting the foregoing, you may not use, modify, sell, lease, lend, share, distribute or otherwise permit any third party to use open-source software in a manner that violates the applicable OS Licenses and you hereby agree to hold the Foundation harmless for and against any liability related to your violation of any OS Licenses.

4. Detection Bots and Data Feeds are governed by the license granted by the Bot Developer.

The Forta Network enables Bot Developers to independently deploy Detection Bots and offer related Data Feeds to users on licensing terms of their choice, subject to the Forta Network protocol. You acknowledge and agree that your use of any Detection Bots or subscription to and use of any Data Feeds is subject to such third-party licenses and that you will comply with such terms and conditions and that you will hold the Foundation harmless for any liability due to your violation of such licenses.

5. You may use the Foundation’s marks, logos and branding in accordance with the Forta Trademark Guidelines

The Services contain trademarks, service marks and trade names that are owned by the Foundation or third parties. You may use the Foundation’s trademarks, service marks and trade names only in accordance with the Forta Foundation Trademark Guidelines at https://forta.notion.site/The-Forta-Network-25b40896032d46a688d5cf2f9fbbc9e3. You may not use the trademarks, service marks and trade names of third parties without the permission of such third parties.

6. You grant the Foundation rights to use anything you submit to the Services or the Forta Network.

The Services may assist you to undertake certain activities in the Forta Network, for example to deploy to deploy Detection Bots or operate a node, or allow you to use services such as chat, bulletin boards, forum or blog postings, wiki contributions and participate in other activities in which you may create, post, transmit, perform, or store content, data, code, software, audio, video or other materials (“User Submissions”).

If you submit, transmit, display, perform, post or store User Submissions on or through the Services or the Forta Network, you grant the Foundation and its sublicensees, to the fullest extent and for the maximum duration permitted by applicable law, an unrestricted, perpetual, worldwide, irrevocable, fully sublicensable, non-exclusive, fully paid up, and royalty-free right to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submissions in any form, format, media or media channels now known or later developed or discovered; and (b) use any name, identity, likeness and voice (or other biographical or personal information) that you submit in connection with such User Submissions. Should such User Submissions contain the name, identity, likeness and voice (or other biographical information), or intellectual property of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such and that the Foundation and its sublicensees are allowed to use them to the extent indicated in these Terms. To the furthest extent permitted by applicable law, you hereby agree that the Foundation shall not be liable for any unauthorized copying, use or distribution of User Submissions by third parties and you hereby release and forever waive any claims you may have against the Foundation for any such unauthorized copying or usage of the User Submissions, under any legal theory.

You acknowledge and agree that the Foundation may in its sole discretion edit, suspend or delete any User Submissions in the Services, including any Detection Bots, Data Feeds, nodes or otherwise and that the Foundation shall not be held liable in relation to any such action.

7. You are solely responsible for your User Submissions.

You are solely responsible for your User Submissions and the consequences of deploying, transmitting, posting or publishing them. In relation to User Submissions, you represent and warrant that: (a) you are the creator and owner of the User Submissions or otherwise have sufficient rights and authority to grant the rights granted herein; (b) your User Submissions do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (ii) defame any other person; and (iii) your User Submissions do not contain any bugs, viruses, adware, spyware, worms, or other harmful or Malicious Code (as defined below). The Foundation reserves all rights and remedies against any users who breach the representations and warranties contained in this section.

8. Feedback.

You may from time to time provide the Foundation with feedback related to the Services or the Forta Network (“Feedback”). You acknowledge and agree that the Foundation may use the Feedback without restriction. By providing any Feedback, you grant the Foundation and its service providers, and each of their and our respective licensees, successors, and assigns a perpetual, irrevocable, non-exclusive, worldwide, fully paid up and royalty free right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that: (a) you own or control all rights in and to the Feedback and have the right to grant the licenses granted; and (b) all of your Feedback does and will comply with these Terms.

9. The Foundation uses your personal data as described in its Data Privacy Notice.

Any personal data that the Foundation collects (or is collected by third parties on the Foundation’s behalf) will be processed in accordance with the Foundation’s Data Privacy Notice found at https://forta.org/privacy/ and the Cayman Islands Data Protection Act (as amended). You agree that all personal data provided to the Foundation or third parties on its behalf, is provided in accordance with applicable laws and regulations, including, without limitation, those relating to privacy or the use of personal data. You acknowledge receipt of the Data Privacy Notice and agree to promptly provide the Data Privacy Notice (or any updated version thereof as may be provided from time to time) to each individual whose personal data you provide to the Foundation or any of its affiliates or delegates.

10. The Services are not intended to process personal data.

The Services can interact with public blockchains and therefore were not designed or intended to process or manage any personal data that is subject to specific regulations or laws that impose increased protections or obligations with respect to handling that type of information (e.g., GDPR). You represent and warrant that you will obtain and maintain any required consents necessary to permit the processing of any personal data using the Services. The Foundation will not be responsible for any liability associated with personal data created, stored, shared or processed by you using the Services.

YOU HEREBY HOLD THE FOUNDATION HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, COSTS OR LOSSES INCURRED OR SUFFERRED ASSOCIATED WITH ANY PERSONAL DATA CREATED, STORED, SHARED OR PROCESSED BY YOU USING THE SERVICES.

ACCEPTABLE USE

1. You may only use the Services for Permitted Uses (as defined below).

The Services are available exclusively for use by technologically and financially sophisticated persons who wish to use the Services for informational purposes as an aid to their own security, research, due diligence, financial or other decision making. Before utilizing information from the Services to engage in transactions, take any other action, or refrain from taking an action, you must independently verify the accuracy of such information. The foregoing are the “Permitted Uses”.

You may only use the Services if you comply with these Terms, applicable third-party policies, and all applicable laws, rules, regulations, and related guidance. The following conduct is specifically prohibited:

- Using the Services other than for the Permitted Uses;

- Violations, breaches or failure to comply with any applicable provision of these Terms or any other terms of service, applicable laws (including any laws regarding the export of data or software to and from the United States, Canada, European Union, or other countries), regulations, privacy policy, license, or other contract governing the use of the Services;

- Accessing, tampering with, or using non-public areas of the Services, the Foundation’s infrastructure (or that of its service providers), or any third-party protocol used in connection with the Services;

- Attempting to access or searching the Services or downloading content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by the Foundation or other generally available third-party web browsers;

- Using any manual process to monitor the Services or for any other unauthorized purpose without our prior written consent;

- Sending any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

- Using any meta tags or other hidden text or metadata utilizing a Foundation trademark, logo, URL or product name without the Foundation’s express written consent;

- Using the Services, or any portion thereof, for any competitive purpose or for the benefit of any third-party or in any manner not permitted by these Terms;

- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

- Collecting or storing any personally identifiable information from the Services from other users of the Services without their express permission;

- Impersonating or attempting to impersonate the Foundation, a Foundation employee or representative, another user, or any other person or entity (including by using identifiers associated with any of the foregoing);

- Reverse look-up, tracking or seeking to track any information of any other users or visitors of the Services;

- Taking any actions that impose an unreasonable or disproportionately large load on the infrastructure of systems or networks of the Services, or the infrastructure of any systems or networks connected to the Services;

- Using the Services to participate in fundraising for a business, protocol, or platform;

- Fabricating in any way any transaction or process related to the Services;

- Disguising or interfering in any way with the IP address of the computer you are using to access or use the Services or that otherwise prevents us from correctly identifying the IP address of the computer you are using to access the Services;

- Engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Foundation or users of the Services or expose them to liability;

- Using the Services in or from any Restricted Jurisdiction;

- Using the Services if you are a Restricted Person (or on their behalf);

- Interfering with or circumventing the security features of the Services or any third party’s systems, networks, or resources used in the provision of Services;

- Engaging or attempting to engage in any attack, hack, vulnerability exploitation, denial-of-service attack, interference, or exploit of any smart contract in connection with the use of the Services or any related smart contract, application or device (and operations performed by a user that are technically permitted by a smart contract may nevertheless be a violation of these Terms, and the law);

- Uploading or transmitting viruses, vulnerabilities, worms, Trojan horses, time bombs, cancel bots, spiders, malware, or any other type of malicious code or transaction (“Malicious Code”) that will or may be used in any way that will affect the functionality or operation of the Services or any other application, protocol, or blockchain, including the Forta Network;

- Distributing Malicious Code or other items of a destructive or deceptive nature;

- Accessing or attempting to access the Services for the purpose of infiltrating a computer or computing system or network, or damaging the software components of the Services, or the systems of the hosting provider, any other suppliers or service provider involved in providing the Services, or another user or protocol;

- Using the Services for, or to promote or facilitate, illegal activity (including money laundering, financing terrorism, tax evasion);

- Attempting to or actually copying or making unauthorized use of all or any portion of the Services, including by attempting to reverse compile, reformatting or framing, disassemble, or reverse engineer any part of the Services;

- Harvesting or otherwise collecting information from the Services for any unauthorized purpose;

- Using the Services under false or fraudulent pretenses or otherwise being deceitful, including employing any device scheme or artifice to defraud, or otherwise materially mislead, any person;

- Using the Services for, or in connection with, any products, services, or materials that constitute, promote, or are used primarily for the purpose of dealing in phishing, spyware, adware, or other malicious programs or code, counterfeit goods, items subject to applicable jurisdictions’ embargoes, hacking, stolen products, and items used for theft, hazardous materials, or any illegal activities;

- Using a digital wallet other than your own (without authorization) to engage in a transaction;

- Using the Services to carry out any financial activities subject to registration or licensing;

- Using the Services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law), fraud, or other deceptive, misleading, or manipulative activity;

- Engaging in any anticompetitive behavior or other misconduct;

- Relying on the Services as a basis for or a source of advice concerning any financial decision making or transactions; or

- Using the Services as a tool to commit theft, fraud or any other property crime; or

- Encouraging or enabling any other individual to do any of the foregoing.

2. You will not use the Services if you are subject to sanctions.

AS A CONDITION TO ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT AT ALL RELEVANT TIMES THAT YOU ARE NOT A CITIZEN OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE OR PRINCIPAL PLACE OF BUSINESS IN A STATE, COUNTRY, TERRITORY OR ANY OTHER RESTRICTED JURISDICTION OR COUNTRY SUBJECT TO ANY SANCTIONS OR RESTRICTIONS PURSUANT TO ANY APPLICABLE LAW, INCLUDING THE CRIMEA REGION, CUBA, IRAN, NORTH KOREA, SYRIA, RUSSIA, OR ANY OTHER COUNTRY TO WHICH THE UNITED KINGDOM (AS EXTENDED TO THE CAYMAN ISLANDS BY ORDERS IN COUNCIL), THE CAYMAN ISLANDS, THE UNITED NATIONS SECURITY COUNCIL, THE U.S. GOVERNMENT (INCLUDING THE U.S. TREASURY DEPARTMENT’S SPECIALLY DESIGNATED NATIONALS LIST AND FOREIGN SANCTIONS EVADERS LIST), OR THE EUROPEAN UNION (EU) OR ITS MEMBER STATES OR ANY OTHER JURISDICTION THAT EMBARGOES GOODS OR IMPOSES SIMILAR SANCTIONS, OR ANY JURISDICTIONS IN WHICH THE TRANSACTING OF CRYPTOCURRENCIES IS PROHIBITED OR RESTRICTED IN ANY FORM OR MANNER  (COLLECTIVELY, THE “RESTRICTED JURISDICTIONS” AND EACH A “RESTRICTED JURISDICTION”), OR ANY PERSON OWNED, CONTROLLED, LOCATED IN OR ORGANIZED UNDER THE LAWS OF ANY RESTRICTED JURISDICTION OR AFFILIATED WITH ANY SUCH PERSON, AND ARE NOT ACTING ON BEHALF OF ANY OTHER PERSON WHO IS, IDENTIFIED ON ANY SANCTIONS LIST OF PROHIBITED PARTIES UNDER ANY LAW OR BY ANY NATION OR GOVERNMENT, STATE OR OTHER POLITICAL SUBDIVISION THEREOF, ANY ENTITY EXERCISING LEGISLATIVE, JUDICIAL OR ADMINISTRATIVE FUNCTIONS OF OR PERTAINING TO GOVERNMENT SUCH AS THE UNITED KINGDOM, THE CAYMAN ISLANDS, THE UNITED NATIONS SECURITY COUNCIL, THE U.S. GOVERNMENT (INCLUDING THE U.S. TREASURY DEPARTMENT’S SPECIALLY DESIGNATED NATIONALS LIST AND FOREIGN SANCTIONS EVADERS LIST), OR THE EUROPEAN UNION (EU) OR ITS MEMBER STATES OR A RESIDENT OF OR LOCATED IN ANY COUNTRY OR JURISDICTION THAT RESTRICTS ACCESS TO OR PROHIBITS USE OF DIGITAL ASSETS OR CRYPTO CURRENCIES OR WHERE YOUR USE OF THE SERVICES WOULD BE ILLEGAL OR OTHERWISE VIOLATE ANY APPLICABLE LAW (AS DEFINED BELOW) (COLLECTIVELY, “RESTRICTED PERSONS”), AND THAT THE DIGITAL ASSETS OR OTHER FUNDS YOU USE IN CONJUNCTION WITH THE SERVICES OR TO PARTICIPATE IN THE FORTA NETWORK ARE NOT DERIVED FROM, AND DO NOT OTHERWISE REPRESENT THE PROCEEDS OF, ANY ACTIVITIES DONE IN VIOLATION OR CONTRAVENTION OF ANY LAW.

As a condition of accessing or using the Services, you represent, warrant, and agree that you will not use any technology or mechanism, including a Virtual Private Network (VPN), to circumvent or attempt to circumvent the restrictions set forth herein.

As a condition to accessing or using the Services, you represent, warrant and agree that you: (a) will only use the Services for lawful purposes and in accordance with these Terms; (b) will ensure that all information that you provide in relation to Services is current, complete, and accurate; (c) will maintain the security and confidentiality of access to your accounts; and (d) will identify and assess the accuracy, availability and quality of software, technology, alerts and other data that you choose to utilize or consume in the Services and the Forta Network.

3. Violating these Terms may result in our intervention.

You represent and warrant at all relevant times that your use of the Services does not constitute, and would not reasonably be expected to result in (with or without notice, lapse of time, or both) a breach, default, contravention or violation of any law applicable to you, or contract or agreement to which you are a party or by which you are bound and that your use or provision of the Services is not illegal, prohibited, or requires a permit or license in your location.

You acknowledge and agree that if you use the Services to engage in conduct prohibited by applicable law or these Terms, the Foundation permanently reserves the right to, without notice or liability, completely or partially restrict or revoke your access to the Services, either completely or for a period of time, in its sole discretion. The Foundation reserves the right to amend, rectify, edit, or otherwise alter your activity to remediate or mitigate any damage caused either to the Foundation or to any other person as a result of your violation of these Terms or applicable law. If the Foundation terminates or suspends your use of the Services for any reason, you are prohibited from using the Services thereafter, even if you may be acting on behalf of a third party.

Such terminations and limitations may be based on any factor or combination of factors, including a person’s identity, blockchain address, IP address, internet service provider, virtual provider network provider, metadata, browser software, device type, digital wallet application, digital wallet device, region of citizenship or residence or current location, or suspicion that you have engaged or intend to engage in any use prohibited by these Terms or applicable law.

4. The Foundation reserves the right to investigate violations.

The Foundation reserves the right to investigate and prosecute any suspected breaches of these Terms or applicable law, including pursuing civil, criminal, and injunctive remedies. The Foundation may disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.

DISCLOSURES

1. The Foundation does not guarantee the quality or accessibility of the Services.

As a condition to accessing or using the Services, you acknowledge, understand, and agree that from time to time, the Services may be inaccessible or inoperable for any reason, including, but not limited to errors, malfunctions, maintenance procedures or repairs, causes beyond the control of the Foundation or that the Foundation could not reasonably foresee, disruptions and temporary or permanent unavailability of underlying blockchain infrastructure or unavailability of third-party service providers or external partners for any reason.

2. The Foundation and the Services are not regulated.

The Foundation and the Services are not registered or qualified with or licensed by, do not report to and are not under the active supervision of any government agency or financial regulatory authority or organization. No government or regulator has approved or consulted with the Foundation regarding the accuracy or completeness of the Services. Similarly, the technology, systems, tokens, digital assets and persons relevant to the Services may not be registered with or under the active supervision of or be registered or qualified with or licensed by any government agency or financial regulatory authority or organization. The Foundation is not registered as a broker, dealer, advisor, transfer agent or other intermediary.

In particular, you acknowledge and agree that the Foundation is not registered with, or licensed by, the Cayman Islands Monetary Authority ("CIMA") under the Virtual Asset (Service Providers) Act of the Cayman Islands ("VASP Act"), or in any other capacity. You understand and acknowledge that the Foundation does not provide "virtual asset services" as defined under the VASP Act, nor do the Services otherwise amount to regulated business in the Cayman Islands that would require registration with, or licensing by, CIMA.

All information provided by or on behalf of the Foundation is for informational purposes only and should not be construed as professional, accounting or legal advice. You should not take or refrain from taking any action in reliance on any information contained in the Services, these Terms or provided by or on behalf of the Foundation. Before you make any operational, security, financial, legal, or other decisions involving the Services, you should seek independent professional advice from persons licensed and qualified in the area for which such advice would be appropriate.

3. The Foundation does not provide advice of any kind.

You understand that the Foundation does not act as your financial advisor, investment manager, arranger, introducer, or commodity trading advisor, or give you any investment advice of any kind with respect to what digital assets you choose to create, purchase, use or any trading thereof. As with any trading activities, it is your responsibility and you are solely responsible for your purchase decisions, how and when you trade digital assets and with whom. It is also your responsibility to ensure you understand digital assets, how they work, what their value is, and about using, trading and purchasing such assets, as there are significant risks in doing so, all of which you solely assume.

You agree and understand that all decisions you make on the Services are made solely by you. You agree and understand that under no circumstances will the offering of the Services and your use of them be deemed to create a relationship that includes the provision of or tendering of investment advice. NO FINANCIAL, INVESTMENT, TAX, LEGAL OR SECURITIES ADVICE IS GIVEN THROUGH OR IN CONNECTION WITH THE SERVICES. No content found on the Services, whether created by the Foundation, our service providers, our business partners, or another user is or should be considered as investment advice. You agree and understand that the Foundation does not accept any responsibility whatsoever for, and shall in no circumstances be liable in connection with, your decisions or your use of the Services.

4. The Foundation has no business plan and may discontinue, limit, terminate or refuse support for the Services or the Forta Network.

The Forta Network is intended to be decentralized and self-operating, with or without any provision of Services by the Foundation. The Services are generally offered for free and are operated and maintained in the sole and absolute discretion of the Foundation. The Foundation assumes no duties, liabilities, obligations or undertakings to continue operating or maintaining the availability of the Services and may terminate or change the Services in any or all respects at any time. The Foundation has no business plan, revenue model, or a viable long-term business plan or capital-raising plan, and may become unable or unwilling to fund the operational costs of the Services on a long-term basis or to fund the upgrade costs required to keep the Services up to date with current technologies and you acknowledge and accept such risks.

5. The Forta Network is available under open-source licenses.

Much of the Forta Network is available under open-source licenses and the Foundation does not have proprietary or exclusive rights in all components, copies or derivatives thereof. It is possible that additional copies of the Forta Network or derivatives thereof will be deployed as separate protocols or to other blockchains in the future by any person, resulting in the existence of multiple competitive protocols. The Foundation is under no obligation to publish information for all such copies of the Forta Network or to warn you regarding the existence of such alternatives, which could negatively impact the Forta Network and the Services.

DISCLAIMERS

All provisions of these Terms which disclaim or limit obligations or liabilities of the Foundation shall also apply, mutatis mutandis, to the officers, directors, supervisors, secretary, members, employees, contractors, council members, agents, and other affiliates of the Foundation (“Protected Parties”).

THE SERVICES AND THE FORTA NETWORK (AND ANY OF THEIR CONTENT OR FUNCTIONALITY), INCLUDING THE FORTA VAULT, DETECTION BOTS, DATA FEEDS, AND NODE RUNNERS MADE AVAILABLE AS PART OF THE SERVICES, PROVIDED BY OR ON BEHALF OF THE FOUNDATION ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES AND THE FORTA NETWORK IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON­INFRINGEMENT OR TECHNICAL OPERATION OR PERFORMANCE.

THE FOUNDATION ALSO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, THIRD-PARTY SERVICES, OR THE FORTA NETWORK. THE FOUNDATION ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

- ERRORS, MISTAKES, OR INACCURACIES IN, RESULTING FROM, OR RELATED TO, THE SERVICES, THIRD-PARTY SERVICES, OR THE FORTA NETWORK;

- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO AND USE OF THE SERVICES, THIRD-PARTY SERVICES, OR THE FORTA NETWORK;

- UNAUTHORIZED ACCESS TO OR USE OF SERVICES, OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN OR RELATED THERETO;

- ANY INTERRUPTION OR CESSATION OF TRANSMISSION RELATED TO THE SERVICES, THIRD-PARTY SERVICES, OR THE FORTA NETWORK;

- ANY VULNERABILITIES, BUGS, VIRUSES, ATTACKS, TROJAN HORSES, OR THE LIKE WHICH MAY EXIST IN OR BE TRANSMITTED TO OR THROUGH THE SERVICES, ANY THIRD-PARTY SERVICE, OR THE FORTA NETWORK; OR

- ANY ERRORS OR OMISSIONS RELATED TO OR ARISING OUT OF ANY SERVICES, THIRD-PARTY SERVICES, OR THE FORTA NETWORK OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT THEREOF.

LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT WILL THE FOUNDATION BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR DAMAGES FOR BUSINESS INTERRUPTION); (B) ANY DAMAGES OR OTHER LOSS ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, THE FORTA NETWORK OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); OR (C) DAMAGES THAT EXCEED £100. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THESE LIMITS.

Some jurisdictions do not allow the exclusion or limitation of certain warranties and liabilities provided in this section; accordingly, some of the above limitations and disclaimers may not apply to you. To the extent applicable law does not permit the Foundation to disclaim certain warranties or limit certain liabilities, the disclaimers and limitations of liabilities provided in these Terms shall apply to the fullest extent permitted by applicable law.

INDEMNIFICATION

You agree to reimburse, indemnify, defend, and hold harmless the Foundation and any Protected Parties from any claim, demand, damages, loss, liabilities, penalties, charges, costs and expenses including reasonable attorneys’ fees, resulting from, relating to or arising out of:

- Your breach or alleged breach of these Terms;

- Anything you contribute or input to the Services or the Forta Network;

- Your misuse of the Services, the Forta Network, or any smart contract and/or script related thereto;

- Your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities;

- Your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right;

- Your use of a third-party product, service, and/or website; or

- Any misrepresentation made by you.

The Foundation (or any applicable Protected Parties) reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of any claim. You will not in any event settle any indemnifiable claim without the Foundation’s prior written consent.

ARBITRATION AGREEMENT AND WAIVER OF RIGHTS, INCLUDING CLASS ACTIONS

PLEASE READ THIS SECTION CAREFULLY: IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

1. Agreement to Attempt to Resolve Disputes Through Good Faith Negotiations

Prior to commencing any legal proceeding against the Foundation of any kind, including an arbitration as set forth below, you and the Foundation agree that we will attempt to resolve any dispute, claim, or controversy between us arising out of or relating to the Terms or the Services (each, a “Dispute” and, collectively, “Disputes”) by engaging in good faith negotiations. Such good faith negotiations require, at a minimum, that the aggrieved party provide a written notice to the other party specifying the nature and details of the Dispute. The party receiving such notice shall have thirty (30) days to respond to the notice. Within sixty (60) days after the aggrieved party sent the initial notice, the parties shall meet and confer in good faith by videoconference, or by telephone, to try to resolve the Dispute. If the parties are unable to resolve the Dispute within ninety (90) days after the aggrieved party sent the initial notice, the parties may agree to mediate their Dispute, or either party may submit the Dispute to arbitration as set forth below.

2. Agreement to Arbitrate

You and the Foundation agree that any Dispute that cannot be resolved through the procedures set forth above will be resolved through binding arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution. The place of arbitration shall be George Town, Cayman Islands. The language of the arbitration shall be English. The arbitrator(s) shall have experience adjudicating matters involving Internet technology, software applications, financial transactions and, ideally, blockchain technology. The arbitrator’s award of damages must be consistent with Section 10 as to the types and amounts of damages for which a party may be held liable. The prevailing party will be entitled to an award of their reasonable attorney’s fees and costs. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties.

UNLESS YOU TIMELY PROVIDE THE FOUNDATION WITH AN ARBITRATION OPT-OUT NOTICE, YOU ACKNOWLEDGE AND AGREE THAT YOU AND THE FOUNDATION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND THE FOUNDATION OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.

3. Waiver of Injunctive or Other Equitable Relief

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE SERVICES, OR ANY OTHER WEBSITE, APPLICATION, CONTENT, SUBMISSION, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY THE FOUNDATION.

TERMINATION - CANCELLATION

These Terms are effective unless and until terminated by either you or the Foundation. You may terminate these Terms at any time by ceasing all access to the Services and use thereof and notifying the Foundation at info@forta.org. If, in the Foundation’s sole judgment, you fail, or the Foundation suspects that you have failed, to comply with any term or provision of these Terms, the Foundation reserves the right to terminate these Terms with you and deny you access to the Services.

The Foundation further reserves the right to restrict your access to the Services or to stop providing you with all or a part of the Services at any time and for no reason, including if the Foundation reasonably believes: (a) your use of the Services exposes the Foundation to risk or liability; (b) you are using the Services for unlawful purposes; or (c) it is not commercially viable to continue providing you with the Services. All of these are in addition to any other rights and remedies that may be available to the Foundation, whether in equity or at law, all of which the Foundation expressly reserves.

THE FOUNDATION RESERVES THE RIGHT TO MODIFY THE SERVICES AT ANY TIME, BUT THE FOUNDATION HAS NO OBLIGATION TO UPDATE THE SERVICES. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO THE SERVICES THAT MAY AFFECT YOU. YOU AGREE THAT THE FOUNDATION MAY REMOVE THE SERVICES OR ANY CONTENT THEREON FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.

SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

ASSIGNMENT

The FOundation may assign these Terms without your prior consent. You may not assign or transfer any rights or obligations under these Terms without the Foundation’s prior written consent.

SURVIVAL

Any right or obligation of the parties in these Terms which by law, its express terms or nature, and context is intended to survive termination or expiration of these Terms, will survive any such termination or expiration.

ENTIRE AGREEMENT

These Terms and the Data Privacy Notice and any policies or operating rules posted by the Foundation on the Services constitute the entire agreement and understanding between you and the Foundation and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and the Foundation (including, but not limited to, any prior versions of these Terms). Unless agreed in writing by the parties, if any terms on the Services are inconsistent with these Terms, these Terms shall apply. Any failure by the Foundation to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

GOVERNING LAW

These Terms and any separate agreements whereby the Foundation provides you Services shall be governed by and construed in accordance with the laws of the Cayman Islands without regard to or application of conflicts of law rules or principles.

THIRD PARTY RIGHTS

Any Protected Parties not being a party to these Terms, may enforce any rights granted to it pursuant to these Terms in its own right as if it were a party to these Terms. Except as expressly provided in this paragraph, a person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act, (as amended) to enforce any term of these Terms.

Notwithstanding any term of these Terms, the consent of or notice to any person who is not a party to these Terms shall not be required for any termination, rescission or agreement to any variation, waiver, assignment, novation, release or settlement under these Terms at any time.

CONTACT INFORMATION

Forta Foundation

Camana Bay, 62 Forum Lane, Suite 6102

Grand Cayman KY 1-9006, Cayman Islands

Email: info@forta.org

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© 2022 Foundation Foundation.

These terms of use, together with any documents and additional terms they incorporate by reference (collectively, these “Terms”), are entered into between the Forta Foundation (“Foundation”) and you or the company or other legal entity that you represent (“you” or “your”).