Terms of Service

Last updated: 29th March 2023

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Welcome to Daolize, a product owned by ODF Data Sagl, a Swiss company ("Daolize," "we," "us," or "our"). These Terms of Service ("Terms") govern your access and use of the Daolize platform and related services (collectively, the "Services").

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By accessing or using the Services, you ("User" or "you") agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Services.

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1. Eligibility

To access and use the Services, you must meet the following eligibility criteria:

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Age: You must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. If you are under the age of 18 or the age of majority, you must have the consent of your parent or legal guardian to access and use the Services. By using the Services, you represent and warrant that you have the necessary age or consent.
Legal Capacity: You must have the legal capacity to enter into these Terms and form a binding agreement under any applicable law. If you are using the Services on behalf of a legal entity, you represent and warrant that you have the authority to bind the entity to these Terms.
Compliance: You must comply with all applicable laws, regulations, and sanctions in your jurisdiction, including but not limited to those related to cryptocurrency and NFT transactions. You represent and warrant that your use of the Services does not violate any such laws, regulations, or sanctions.

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By accessing or using the Services, you represent and warrant that you meet these eligibility requirements. If we have reason to believe that you do not meet these criteria, we reserve the right to suspend or terminate your access to the Services without notice.

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2. User Accounts

To access and use certain features of the Services, you are required to connect your digital wallet to the platform. By connecting your wallet, you agree to the following terms and conditions:

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Security: You are responsible for maintaining the security and confidentiality of your wallet credentials, including your private key, seed phrase, or any other access information. You must take necessary precautions to prevent unauthorized access, use, or disclosure of your wallet information.
Responsibility: You are solely responsible for all activities that occur through your wallet, including any transactions or interactions with the Services. Daolize shall not be liable for any loss, damage, or unauthorized access resulting from your failure to secure your wallet or comply with these Terms.
Reporting: If you suspect or become aware of any unauthorized access, use, or disclosure of your wallet information, you must immediately notify Daolize and take appropriate steps to mitigate any potential harm.
Wallet Compatibility: You are responsible for ensuring that your wallet is compatible with the Services. Daolize does not guarantee that the Services will be compatible with all wallets or digital asset platforms.

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By connecting your wallet to the Services, you acknowledge and agree to these terms and conditions related to user accounts. Daolize reserves the right to suspend or terminate your access to the Services if you fail to comply with these requirements or if we suspect any unauthorized or fraudulent activities through your wallet.

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3. User-Generated Content

When posting or submitting any content, including text, images, or other materials, through the Services ("User-Generated Content"), you agree to the following terms and conditions:

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Responsibility: You are solely responsible for any User-Generated Content that you post, submit, or share through the Services. You assume all risks associated with your User-Generated Content, including any reliance on its accuracy, completeness, or usefulness by others, and any disclosure of information in your content that makes you or others personally identifiable.
Rights and Permissions: You represent and warrant that you have all necessary rights, licenses, consents, and permissions to post, submit, or share your User-Generated Content and that your content does not infringe or violate any third-party intellectual property rights, privacy rights, or any other rights.
Compliance: You agree to comply with all applicable laws, regulations, and community guidelines when posting or submitting User-Generated Content. You must not post, submit, or share content that is unlawful, harmful, abusive, defamatory, offensive, or otherwise objectionable.
No Endorsement: Daolize does not endorse, support, or guarantee the accuracy, reliability, or truthfulness of any User-Generated Content. We disclaim all liability for any User-Generated Content posted or submitted by users, including any errors or omissions, or any loss or damage of any kind incurred as a result of your use of any User-Generated Content.

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By posting or submitting User-Generated Content through the Services, you acknowledge and agree to these terms and conditions related to User-Generated Content. Daolize reserves the right, but has no obligation, to monitor, remove, or modify User-Generated Content for any reason, including content that we believe violates these Terms or our policies.

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4. License to User-Generated Content

By posting or submitting User-Generated Content through the Services, you grant Daolize and its affiliates the following rights and permissions:

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License Grant: You grant Daolize a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User-Generated Content in connection with the Services and Daolize's business, including for promoting and redistributing part or all of the Services in any media formats and through any media channels.
Duration: The license granted in this Section 4 shall continue for the entire duration of the intellectual property rights in your User-Generated Content, unless you request the removal or deletion of your content from the Services, in which case the license shall terminate within a reasonable time following such request.
Limitations: The license granted in this Section 4 is subject to your compliance with these Terms and does not include any rights to:

sell, rent, lease, sublicense, or otherwise transfer any rights in your User-Generated Content to any third party;
use your User-Generated Content for any commercial purposes, except as expressly authorized by Daolize in writing; or
use your User-Generated Content in a manner that violates any applicable laws, regulations, or third-party rights.

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By posting or submitting User-Generated Content through the Services, you acknowledge and agree to these terms and conditions related to the license granted to Daolize. If you believe that your User-Generated Content has been used in a manner that constitutes copyright infringement or violates your intellectual property rights, please contact us at privacy@daolize.com with a detailed description of the alleged infringement or violation, and we will take appropriate action.

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5. Content Moderation

Daolize is committed to maintaining a safe and respectful environment for all users. To this end, we have established the following terms and conditions related to content moderation:

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Monitoring: Daolize reserves the right, but has no obligation, to monitor User-Generated Content and any other content submitted or shared through the Services. We may review content to determine whether it complies with these Terms, our policies, or any applicable laws and regulations.
Removal or Modification: Daolize reserves the right, in its sole discretion, to remove, modify, or restrict access to User-Generated Content that we believe violates these Terms, our policies, or any applicable laws and regulations. We may take such actions without prior notice to you and without any liability to you or any third party.
User Reports: Users can report content that they believe violates these Terms or our policies by contacting us at privacy@daolize.com. We will review user reports and take appropriate action in our sole discretion.
Enforcement: We may, at our sole discretion, suspend or terminate your access to the Services, or take any other appropriate action, if we believe that your User-Generated Content or your use of the Services violates these Terms, our policies, or any applicable laws and regulations.

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By using the Services, you acknowledge and agree to these terms and conditions related to content moderation. You also understand that Daolize is not responsible for the content posted by other users and that any opinions, advice, or statements expressed in User-Generated Content are those of the respective authors and not necessarily those of Daolize.

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6. Prohibited Conduct

As a user of the Services, you agree to abide by these Terms and not to engage in any illegal, unauthorized, harmful, or disruptive conduct. Prohibited conduct includes, but is not limited to, the following actions:

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Posting or sharing content that is unlawful, harmful, abusive, defamatory, offensive, or otherwise objectionable, including content that promotes hate, discrimination, or violence against any individual or group;
Harassing, bullying, threatening, or intimidating other users, or engaging in any conduct that invades their privacy or infringes on their rights;
Interfering with, disrupting, or impairing the operation of the Services, including by introducing any viruses, worms, Trojan horses, or other malicious code, or by overloading, flooding, spamming, or mail-bombing the Services;
Circumventing, disabling, or otherwise interfering with any security features, access controls, or rate limits of the Services, or attempting to probe, scan, or test the vulnerability of any system or network connected to the Services;
Violating any applicable local, state, national, or international laws, regulations, or rules, including but not limited to those governing intellectual property, privacy, data protection, and financial transactions; and
Engaging in any activity or conduct that, in our sole discretion, is likely to harm, discredit, or bring disrepute to Daolize, its affiliates, or the Services.

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By using the Services, you acknowledge and agree to these terms and conditions related to prohibited conduct. Daolize reserves the right to take appropriate action, including suspension or termination of your access to the Services, if we have reason to believe that you have engaged in any prohibited conduct or violated these Terms.

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7. Disclaimer of Warranties

Daolize provides the Services on an "as-is" and "as-available" basis for your use, without any warranties or representations of any kind, whether express or implied. By using the Services, you agree to the following disclaimers:

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No Warranties: Daolize disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, reliability, availability, security, or non-infringement. We do not warrant that the Services will meet your requirements, that the Services will be uninterrupted or error-free, that any defects in the Services will be corrected, or that the Services will be free of viruses or other harmful components.
No Liability: To the fullest extent permitted by law, Daolize shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from your use of the Services, even if Daolize has been advised of the possibility of such damages.
Third-Party Content: The Services may contain links to third-party websites, content, or services that are not owned or controlled by Daolize. We do not endorse, assume responsibility for, or make any representations or warranties regarding the accuracy, completeness, or reliability of any third-party content. Your use of third-party content is at your own risk and subject to the terms and conditions of use for such content.

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By using the Services, you acknowledge and agree to these disclaimers of warranties and assume all risks associated with your use of the Services. If you are dissatisfied with the Services or these Terms, your sole remedy is to discontinue your use of the Services.

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8. Limitation of Liability

To the maximum extent permitted by applicable law, Daolize and its affiliates shall not be held liable for any damages, losses, or expenses that may arise out of or in connection with your use of or inability to use the Services. This limitation of liability includes, but is not limited to, the following scenarios:

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Indirect Damages: Daolize and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.
Third-Party Content: Daolize shall not be responsible or liable for any damages, losses, or expenses resulting from your use of or reliance on any third-party content, websites, or services that you access through the Services or that are otherwise made available to you.
User-Generated Content: Daolize shall not be responsible or liable for any damages, losses, or expenses resulting from your use of or reliance on any User-Generated Content posted, submitted, or shared through the Services, or any errors or omissions in such content.
Maximum Liability: In no event shall the aggregate liability of Daolize and its affiliates for any and all claims, damages, losses, or expenses arising out of or in connection with your use of the Services exceed the amount paid by you, if any, for accessing the Services during the twelve (12) month period immediately preceding the date of the claim.

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By using the Services, you acknowledge and agree to this limitation of liability and assume all risks associated with your use of the Services. If you are dissatisfied with the Services or these Terms, your sole remedy is to discontinue your use of the Services.

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9. Indemnification

By using the Services, you agree to indemnify, defend, and hold harmless Daolize, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms. This indemnification obligation includes, but is not limited to, the following scenarios:

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User-Generated Content: You shall indemnify and hold harmless Daolize and its affiliates for any claims, liabilities, damages, losses, or expenses arising out of or in connection with any User-Generated Content that you post, submit, or share through the Services, including any claims of infringement, defamation, or violation of third-party rights.
Prohibited Conduct: You shall indemnify and hold harmless Daolize and its affiliates for any claims, liabilities, damages, losses, or expenses arising out of or in connection with any prohibited conduct, as described in Section 6 of these Terms, in which you engage while using the Services.
Third-Party Claims: You shall indemnify and hold harmless Daolize and its affiliates for any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, brought by a third party against Daolize or its affiliates as a result of your access to or use of the Services or your violation of these Terms.

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By using the Services, you acknowledge and agree to this indemnification obligation and assume all risks associated with your use of the Services. If you are dissatisfied with the Services or these Terms, your sole remedy is to discontinue your use of the Services.

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10. Changes to Terms

Daolize reserves the right to update, modify, or amend these Terms at any time and at our sole discretion. The following provisions apply to any changes to the Terms:

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Notification: Any changes to the Terms will be effective immediately upon posting on our website. We may, but are not obligated to, notify you of any significant changes to the Terms by email or through a notice on our website or within the Services.
Acceptance: Your continued access to or use of the Services following the posting of updated Terms constitutes your acceptance of and agreement to be bound by the updated Terms. If you do not agree to the updated Terms, you must immediately cease using the Services.
Responsibility: It is your responsibility to review these Terms periodically for updates or changes. You acknowledge and agree that Daolize shall not be held responsible or liable for any failure on your part to review the updated Terms or for any damages, losses, or expenses that may result from your continued use of the Services under outdated Terms.

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By using the Services, you acknowledge and agree to this provision regarding changes to the Terms and assume all risks associated with your use of the Services. If you are dissatisfied with the Services or these Terms, your sole remedy is to discontinue your use of the Services.

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11. Termination

Daolize reserves the right to terminate or suspend your access to the Services at any time and for any reason, at our sole discretion. The following provisions apply to the termination or suspension of your access to the Services:

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Grounds for Termination: We may terminate or suspend your access to the Services, without notice and without liability, if you breach any of these Terms, engage in prohibited conduct, or if we believe that your use of the Services may be harmful to Daolize, our users, or any third party.
Consequences: Upon termination or suspension of your access to the Services, your right to access and use the Services will immediately cease. You agree that Daolize shall not be liable to you or any third party for any termination or suspension of your access to the Services.
Survival: Any provisions of these Terms that, by their nature, should survive termination or suspension of your access to the Services shall survive, including but not limited to, intellectual property rights, disclaimers, indemnification, and limitations of liability.

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By using the Services, you acknowledge and agree to this termination provision and assume all risks associated with your use of the Services. If you are dissatisfied with the Services or these Terms, your sole remedy is to discontinue your use of the Services.

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12. Governing Law and Jurisdiction

These Terms, as well as any disputes or claims arising out of or in connection with these Terms or the Services, shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law principles. The following provisions apply to the resolution of disputes and claims:

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Jurisdiction: You agree to submit to the exclusive jurisdiction of the courts located in Switzerland to resolve any legal matter, dispute, or claim arising from these Terms or your use of the Services.
Venue: Any action, suit, or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the competent courts of Switzerland, and you hereby waive any objection to the jurisdiction or venue of such courts.
No Class Actions: You agree that any disputes or claims arising out of or in connection with these Terms or the Services shall be resolved on an individual basis and not as part of any class, consolidated, or representative action.

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By using the Services, you acknowledge and agree to this governing law and jurisdiction provision and assume all risks associated with your use of the Services. If you are dissatisfied with the Services or these Terms, your sole remedy is to discontinue your use of the Services.

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13. Severability

In the event that any provision of these Terms is determined to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of these Terms. The remaining provisions shall continue in full force and effect as if the invalid, unlawful, or unenforceable provision had been excluded from these Terms.

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If any invalid, unlawful, or unenforceable provision can be modified to become valid and enforceable without materially altering the intended effect of the provision, the provision shall be deemed to have been amended accordingly, and the amended provision shall be enforceable to the fullest extent permitted by law.

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By using the Services, you acknowledge and agree to this severability provision and assume all risks associated with your use of the Services. If you are dissatisfied with the Services or these Terms, your sole remedy is to discontinue your use of the Services.

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14. No Waiver

No waiver by Daolize of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition. Any failure by Daolize to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. A waiver of any right or provision under these Terms shall be effective only if it is made in writing and signed by a duly authorized representative of Daolize.

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You acknowledge and agree that Daolize's rights and remedies under these Terms are cumulative and not exclusive, and that the exercise of any right or remedy by Daolize shall not preclude the exercise of any other right or remedy available to Daolize under these Terms, at law, or in equity.

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By using the Services, you acknowledge and agree to this no waiver provision and assume all risks associated with your use of the Services. If you are dissatisfied with the Services or these Terms, your sole remedy is to discontinue your use of the Services.

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15. Overview of the Services

Daolize is a SaaS platform designed to facilitate content sharing and community engagement for NFT holders. The platform enables users who own at least one NFT from a supported collection to propose content for posting on the respective collection's social media accounts. Users can also view and vote on content posted by other NFT holders in the community. Collection admins and moderators, appointed by the collection owner, have the authority to remove content or promote it for publication on connected social media accounts.

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The key features of Daolize include:

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Connecting wallets: Users can connect their wallets to access the platform and participate in community timelines based on their NFT ownership.
Content posting and voting: NFT holders have the ability to post content and vote on other users' content, with options to either like or downvote.
Admin and moderator roles: Collection admins can connect official social accounts, nominate moderators, and edit collection previews. Moderators, appointed by collection admins, have the authority to manage community content.
Content management: Moderators can remove or promote content for publication on connected social media accounts, based on community feedback and guidelines.
Community mood monitoring: The platform provides an interface for users, including moderators, to monitor community mood and reactions to posted content.
Free access: Daolize offers its core features free of charge, ensuring that the current functions will always be free. Any future features, such as a Pro tier, might be subject to payment.

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By using the Services, you acknowledge and agree to the overview of the Services provided and assume all risks associated with your use of the Services. If you are dissatisfied with the Services or these Terms, your sole remedy is to discontinue your use of the Services.

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16. Free Access and Future Features

We are committed to providing core functionality as a free service for all users. All current features of the platform will continue to be available free of charge. However, we may introduce additional features, enhancements, or a Pro tier in the future, which may be subject to payment or subscription fees.

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In the event of changes to pricing or the introduction of paid features, we will communicate these updates to users in advance. Users will have the option to decide whether they wish to avail themselves of the paid features or continue using the free version of the platform.

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By using the Services, you acknowledge and agree to the way Daolize operates, as described in Section 15, and the free access terms and conditions set forth in this Section 16. You also understand that future features may require payment or subscription, and your continued use of the Services constitutes your acceptance of any such changes. If you are dissatisfied with the Services or these Terms, your sole remedy is to discontinue your use of the Services.

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17. Contact Information

If you have any questions, comments, or concerns regarding these Terms or the Services, please do not hesitate to contact us at privacy@daolize.com. We value your feedback and are committed to addressing any issues or concerns you may have about Daolize or your use of the platform.

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By using the Services, you acknowledge and agree to reach out to us with any inquiries or concerns related to the platform or these Terms. If you are dissatisfied with the Services or these Terms, your sole remedy is to discontinue your use of the Services.

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