Terms of Service

NOTICE TO PARENTS AND GUARDIANS: By authorizing your underage child to access the Site or Offerings, you consent to these Terms of Use on your own behalf and on behalf of your child. It is your responsibility to supervise your childs online activities. If you do not agree to these Terms of Use for yourself and your child, please refrain from allowing your child to use the Site or Offerings.

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS EXPLAINED IN SECTION 11. PLEASE CAREFULLY READ THE AGREEMENT.

GravityHUB, a division of Nova Tech., a corporation based in the British Virgin Islands ("GravityHUB," "we," "us," or "our"), has developed and is providing you with the GravityHUB game launcher and our other Offerings (defined below) under these Terms of Service. This includes hosting the top-level domain websites, GravityHUB.xyz, which offer information about GravityHUB and our Offerings, as well as sub-domains for our products or services. The collection of the top-level domain and sub-domains is collectively referred to as the "Site." The Site consists of text, images, audio, code, and other materials or third-party information. These Terms of Use (referred to as the "Terms," "Terms of Use," or "Agreement") outline the terms and conditions governing your usage of the Site and Offerings provided by us. This Agreement is between you or the entity you represent ("you" or "your") and us. Before utilizing the Site or Offerings, please carefully review these Terms of Use. By accessing the Site, clicking a button or checkbox to accept or agree to these Terms (where available), clicking a button to access or use any of the Offerings, completing an Order, or, if earlier, using or accessing the Offerings (referred to as the "Effective Date"), you (1) accept and agree to these Terms, including any additional terms, rules, and participation conditions issued by GravityHUB from time to time, and (2) consent to the collection, use, disclosure, and other handling of information as described in our Privacy Policy. If you do not agree to the Terms or fulfill your obligations as accepted under the Terms, you may not access or use the Offerings.

Legal Age. You affirm that you have the legal capacity to enter into contracts. If you are entering into this Agreement on behalf of an entity, such as the company you are employed by, you confirm that you have the legal authority to bind that entity. Legal Compliance. Furthermore, you declare that you, as well as your financial institutions or any entity that owns or controls you or your financial institutions, (1) are not subject to sanctions or included in any list of prohibited or restricted parties, including but not limited to lists maintained by the United Nations Security Council, the U.S. Government (such as the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or any other relevant government authority, and (2) are not situated in a country subject to comprehensive sanctions programs implemented by the United States.

Acceptable Use Policy. You agree not to use the Offerings, and you will not permit third parties to use the Offerings, for the following purposes:

Violating or encouraging the violation of the legal rights of others (including allowing End Users to infringe or misappropriate intellectual property rights in contravention of the Digital Millennium Copyright Act).
Engaging in, promoting, or encouraging any illegal or infringing content.
Utilizing the Offerings for any unlawful, invasive, infringing, defamatory, or fraudulent activities (e.g., phishing, creating pyramid schemes, or mirroring a website).
Knowingly distributing viruses, worms, Trojan horses, corrupted files, hoaxes, or other harmful or deceptive items.
Interfering with the use of the Offerings or the equipment used to provide the Offerings by customers, authorized resellers, or other authorized users.
Disabling, interfering with, or circumventing any aspect of the Offerings (e.g., thresholds or limits).
Generating, distributing, publishing, or facilitating unsolicited mass email, promotions, advertising, or other solicitations.
Using the Offerings or any interfaces provided with the Offerings to access any other product or service in violation of the terms of service of such other product or service.

Certain Definitions

"API" refers to an application program interface.
"API Requests" has the definition as stated in Section 5.3.
Applicable Threshold" has the meaning described in Section 4.2.
"Base Fees" has the definition provided in Section 4.2.
"Content" encompasses any data, text, audio, video, images, software (including machine images), and documentation.
"DAO" stands for Decentralized Autonomous Organization.
"End User" denotes any individual or entity that directly or indirectly, through another user, (a) accesses or uses Your Content or (b) otherwise accesses or uses the Offerings under your account.
"Fees" has the meaning indicated in Section 4.2.
"Losses" refers to any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees).
"Our Content" includes any software (including machine images), data, text, audio, video, images, or documentation that we provide in connection with the Offerings.
"Our Marks" pertains to any trademarks, service marks, service or trade names, logos, and other designations of GravityHUB, Nova Tech, or their affiliates or licensors that we may make available to you in connection with this Agreement.
"Order" signifies an order for Offerings executed either through an order form directly with GravityHUB or through a cloud vendor such as Amazon Web Services, Microsoft Azure, or Google Cloud.
"Offerings" encompass each of the products and services offered by us or our affiliates, including but not limited to GravityHUB Launcher, GravityHUB Store, and any other features, tools, materials, or services provided from time to time.
"Policies" refers to the Acceptable Use Policy, Privacy Policy, any supplemental policies or addendums applicable to any Service as provided to you, and any other policy or terms referenced in or incorporated into this Agreement, each of which may be updated by us periodically.
"Privacy Policy" denotes the privacy policy located at GravityHUB.xyz/privacy (and any designated successor or related locations specified by us), which may be updated by us periodically.
"Service Offerings" refers to the Services (including associated APIs), Our Content, Our Marks, and any other product or service provided by us under this Agreement. Service Offerings specifically exclude Third-Party Content or Third-Party Services.
"Suggestions" encompass all proposed improvements to the Service Offerings that you provide to us.
"Term" indicates the duration of this Agreement as described in Section 6.1.
"Termination Date" denotes the effective date of termination specified in a notice from one party to the other in accordance with Section 6.
"Third-Party Content" refers to Content made available to you by any third party on the Site or in conjunction with the Offerings.
"Your Content" represents the content transferred to us by you or any End User for storage or hosting through the Offerings in connection with your account. It also includes any computational results derived from the aforementioned content through the use of the Offerings by you or any End User, excluding any information submitted to a blockchain protocol for processing.

1. The Offerings

1.1 General Usage

ou are granted access to and permitted to use the Offerings in accordance with this Agreement. By using the Offerings, you agree to comply with the terms of this Agreement and all applicable laws, rules, and regulations.

1.2 Offerings and Access

GravityHUB provides various products and services, each referred to as an offering under the GravityHUB brand or our owned brands. These include the GravityHUB launcher, the GravityHUB Marketplace, the GravityHUB tools and other offerings. Typically, you access the Offerings through the Site or a third-party provider that we have approved, such as future access via Google Play or the Apple App Store, unless otherwise agreed upon in writing. Some Offerings may require you to create an account, provide valid payment information, and select a Paid Plan or initiate an order.

1.3 Third-Party Content

In certain Offerings, you have the option to use Third-Party Content. Such Third-Party Content is subject to this Agreement and, if applicable, separate terms and conditions accompanying the Third-Party Content. These additional terms and conditions may include separate fees and charges.

1.4 Third-Party Offerings

While using our Offerings, you may also utilize products or services provided by third parties. Your use of these third-party offerings will be governed by the respective policies, terms of use, and fees of those third parties.

2. Changes

2.1 Modifications to the Offerings

We have the right to make changes to or discontinue any or all of the Offerings, or modify or remove certain functionalities of the Offerings, periodically. We will make reasonable efforts to inform you of any significant changes or discontinuations of an Offering through the Site or public communication channels. If you are subscribed to a Paid Plan, we will make reasonable efforts to notify you in advance of any material changes or discontinuations to the Offering. Additionally, we will strive to support the previous version of the Offering for a specified period, as disclosed to you after the change or discontinuation, unless it poses information security or intellectual property concerns, is economically or technically burdensome, or creates undue risk of violating the law.

2.2 Modifications to this Agreement

We retain the sole discretion to modify or replace any portion of this Agreement or any Policies at any time. Such changes will be posted at the same link where you currently find these Terms of Service. It is your responsibility to periodically review this Agreement for any modifications, although we will also make reasonable efforts to communicate any material changes to this Agreement through the Site or other public channels. Your continued use of or access to the Offerings after the posting of any changes to this Agreement at the link where you find these Terms of Service indicates your acceptance of those changes.

3. Your Responsibilities

3.1 Management of Your Accounts

For Offerings that require an account, and except for instances where our breach of this Agreement is the cause, (a) you are accountable for all activities carried out under your account, regardless of whether such activities are authorized by you, your employees, or a third party (including contractors, agents, or other End Users), and (b) we and our affiliates shall not be held responsible for unauthorized access to your account, including access resulting from fraud, phishing, or other criminal activities conducted by third parties.

3.2 Your Usage

ou are responsible for all activities performed during your use of Offerings that do not necessitate an account, except for instances where our breach of this Agreement is the cause. This responsibility applies irrespective of whether the activities are authorized by you, your employees, or a third party (including contractors, agents, or other End Users). We and our affiliates shall not be held responsible for any unauthorized access that may occur while using the Offerings, including access resulting from fraud, phishing, or other criminal activities conducted by third parties. It is your responsibility to ensure that your use of the Offerings complies with all applicable laws.

3.3 Security and Backup Measures

It is solely your responsibility to appropriately configure, use, and take necessary actions to secure, protect, and back up your accounts and/or Your Content in a manner that ensures adequate security and protection, which may include utilizing encryption methods. This encompasses your obligation under this Agreement to record and securely maintain any passwords or backup security phrases (e.g., seed phrases) associated with your use of the Offerings. You acknowledge that you must not share any password or backup/seed phrase related to your use of the Offerings with us or any other third party, and we shall not be held liable if you choose to share such information.

3.4 Log-In Credentials and API Authentication.

In the event that we provide you with log-in credentials and API authentication generated by the Offerings, you are responsible for their exclusive use. You are prohibited from selling, transferring, or sublicensing them to any other entity or individual, except in cases where you disclose your password or private key to your authorized agents and subcontractors who perform work on your behalf.

3.5 Applicability to GravityHUB Offerings

It is clarified that the terms outlined in Section 3 apply to all Offerings, including GravityHUB and any accounts you create through GravityHUB with Third Party Offerings, such as decentralized applications or blockchain-based accounts themselves.

4. Fees and Payment

4.1 Publicly Available Offerings

Certain Offerings may be publicly available and licensed on a royalty-free basis. This includes Offerings that require a Paid Plan for software licensing fees that exceed a specific usage threshold.

4.2 Taxes

Each party is responsible, in accordance with applicable law, for identifying and remitting all taxes and other governmental fees and charges (along with any penalties, interest, or additional amounts) that are imposed on that party in relation to the transactions and payments under this Agreement. Unless otherwise indicated, all fees payable by you are exclusive of taxes. We reserve the right to withhold taxes as required by law.

5. Temporary Suspension.

5.1 Generally

We reserve the right to immediately suspend your access to or use of any part or all of the Offerings if we determine any of the following: (a) Your use of the Offerings poses a security risk to the Offerings or any third party, could potentially harm our systems, the Offerings, or the systems of any other user, could subject us, our affiliates, or any third party to liability, or could be considered unlawful. (b) You or any End User is in breach of this Agreement. (c) You have failed to meet your payment obligations as outlined in Section 4, and the breach continues for a period of 30 days or longer. (d) If you are an entity, you have ceased regular operations, initiated a process such as bankruptcy, made an assignment for the benefit of creditors, or are involved in any similar proceedings. (e) We determine, for any reason, that your continued use of the Offerings could have a detrimental effect on us. 5.2 Effect of Suspension. If we suspend your access to or use of any portion or all of the Offerings: (a) You will remain responsible for all fees and charges incurred during the suspension period. (b) You will not be entitled to any fee credits for the duration of the suspension.

6. Term; Termination.

6.1 Term

The term of this Agreement depends on whether you are on a Paid Plan or not: - For Offerings subject to a Paid Plan, the Agreement begins on the Effective Date and remains in effect until terminated as specified in this Section 6. The termination notice must include a Termination Date, complying with the notice periods mentioned in Section

For Offerings that are not subject to a Paid Plan, the Agreement begins on the Effective Date and remains in effect until you stop accessing or using the Offerings.

6.2 Termination for Cause

(a) Termination for Convenience. If you are not on a Paid Plan, you have the option to terminate this Agreement at any time by discontinuing the use of the Offering. If you are on a Paid Plan, both parties may terminate this Agreement for any reason by providing the other party with a written notice of at least 30 days, subject to the provisions in Section 6.2(b). (b) Termination for Cause. (i) By Either Party. Either party may terminate this Agreement for cause if the other party is in material breach of this Agreement, and the breach remains unremedied for a period of 30 days from the receipt of notice. (ii) By Us. We may also terminate this Agreement immediately under the following circumstances: (A) For cause if we have the right to suspend your access under Section 5. (B) If our relationship with a third-party partner, who provides software or other technology used to provide the Offerings, expires, terminates, or requires us to make changes in the way we provide the software or technology as part of the Offerings. (C) In order to avoid undue risk of violating the law. Please note that the specific terms and conditions of termination may vary depending on the nature of the Offering and any applicable Paid Plan. 6.3 Effect of Termination. Upon reaching the Termination Date: (i) All your rights granted under this Agreement will immediately cease. (ii) Each party remains responsible for any fees and charges incurred up until the Termination Date, as well as any fees and charges incurred during the post-termination period. (iii) The terms and conditions of this Agreement will continue to apply after the expiration or termination of this Agreement to the extent necessary for their enforcement and for the protection of the party that benefits from them. This means that certain provisions, such as those relating to dispute resolution, may still apply to disputes that arise after you have stopped accessing or using the Offerings if those disputes are related to your prior access or use. If you choose to use the Offerings again after the Termination Date, the terms of this Agreement will once again apply, and if you are on a Paid Plan, you will be required to pay the applicable fees as outlined in Section 4.

7. Proprietary Rights.

7.1 Offering

Depending on the Offering, you may share Content with us. Except as expressly provided in this Section 7, we do not obtain any rights under this Agreement from you (or your licensors) to Your Content. However, by using the Offerings, you grant us the necessary rights and licenses to use Your Content in order to provide the Offerings to you.

7.2 Offerings License

We or our licensors own all right, title, and interest in and to the Offerings, including all related technology and intellectual property rights. Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable license to do the following: (a) access and use the Offerings solely in accordance with this Agreement; and (b) copy and use Our Content solely in connection with your permitted use of the Offerings. However, except as expressly provided in this Section 7.2, you do not obtain any rights under this Agreement from us, our affiliates, or our licensors to the Offerings, including any related intellectual property rights. Please note that some of Our Content and Third-Party Content may be provided to you under separate licenses, such as the Apache License, Version 2.0, or other open source licenses. In the event of a conflict between this Agreement and any separate license, the separate license will take precedence with respect to Our Content or Third-Party Content that is subject to such separate license.

7.3 License Restrictions

Neither you nor any End User may use the Offerings in any manner or for any purpose other than as expressly permitted by this Agreement. Unless specifically authorized, neither you nor any End User may modify, distribute, alter, tamper with, repair, or create derivative works of any Content included in the Offerings (except to the extent permitted by applicable law and expressly allowed by the functionality of the Offerings). Furthermore, you and your End Users may not reverse engineer, decompile, or disassemble the Offerings, or attempt to derive the source code or underlying ideas or algorithms of the Offerings (except to the extent such restriction is prohibited by applicable law). Furthermore, you and your End Users are prohibited from: (a) Reverse engineering, disassembling, or decompiling the Offerings, or applying any other process or procedure to derive the source code of any software included in the Offerings, except to the extent that such restriction is prohibited by applicable law. (b) Accessing or using the Offerings in a manner intended to avoid incurring fees or exceeding usage limits or quotas. (c) Using copying or scraping techniques to mine or scrape data from the Offerings, except as permitted by a specific Plan. (d) Reselling or sublicensing the Offerings, unless otherwise agreed in writing. (e) Using Our Marks (trademarks) without obtaining our prior written consent. (f) Misrepresenting or embellishing the relationship between us and you, including expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors, unless explicitly permitted by this Agreement. (g) Implying any relationship or affiliation between us and you, except as expressly permitted by this Agreement.

7.4 Suggestions

If you provide any Suggestions to us or our affiliates, we and our affiliates will have the right to use the Suggestions without any restrictions. By providing Suggestions, you irrevocably assign to us all right, title, and interest in and to the Suggestions, and you agree to provide us with any assistance we require to document, perfect, and maintain our rights in the Suggestions.

7.5 U.S. Government Users

If you are a U.S. Government End User, we are licensing the Offerings to you as a "Commercial Item" as defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101). The rights granted to you for the Offerings are the same as the rights granted to all other users under these Terms of Service.

8. Indemnification.

8.1 General

(a) You are responsible for defending, indemnifying, and holding harmless us, our affiliates, and licensors, as well as their employees, officers, directors, and representatives, from any Losses arising out of or relating to claims related to: (a) your breach of this Agreement or violation of applicable law; and (b) disputes between you and your customers or users. You will reimburse us for reasonable attorneys' fees and expenses associated with the claims mentioned in (a) and (b) above. (b) We will defend, indemnify, and hold harmless you, as well as your employees, officers, directors, and representatives, from any Losses arising out of or relating to claims related to our material and intentional breach of this Agreement. We will reimburse you for reasonable attorneys' fees and expenses associated with the claims described in this paragraph.

8.2 Intellectual Property.

(a) Subject to the limitations in this Section 8, you will defend GravityHUB, its affiliates, and their respective employees, officers, and directors against any third-party claim alleging that Your Content infringes or misappropriates the intellectual property rights of that third party, and will pay the amount of any adverse final judgment or settlement. (b) Subject to the limitations in this Section 8 and the limitations in Section 10, we will defend you, as well as your employees, officers, and directors, against any third-party claim alleging that the Offerings infringe or misappropriate the intellectual property rights of that third party, and will pay the amount of any adverse final judgment or settlement. However, our liability under this Section 8, including attorneys' fees, court costs, settlements, judgments, and reimbursement costs, will not exceed $25,000. (c) Neither party will have obligations or liability under this Section 8.2 if the alleged infringement arises from your combination of the Offerings with any other product, service, software, data, content, or method. Additionally, we will not have any obligations or liability arising from your continued use of the Offerings after we have notified you to discontinue such use. The remedies provided in this Section 8.2 are the sole and exclusive remedies for any third-party claims of infringement or misappropriation of intellectual property rights by the Offerings or Your Content.

8.3 Process

Neither party will agree to any settlement of any claim, which involves any commitment other than the payment of money, without obtaining the prior written consent of the other party.

9. Disclaimers and risk.

9.1 General

The offerings are provided "as is." Unless prohibited by law or where non-excludable statutory rights apply, we and our affiliates and licensors: (a) Do not make any representations or warranties, whether express, implied, statutory, or otherwise, regarding the offerings or the third-party content; and (b) Disclaim all warranties, including any implied or express warranties: (i) Of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment; (ii) Arising from any course of dealing or usage of trade; (iii) Regarding the uninterrupted, error-free, or free of harmful components nature of the offerings or third-party content; and (iv) Concerning the security or non-alteration of any content.

9.2 Risk

Our Offerings rely on emerging technologies, such as Reuther. Certain Offerings carry increased risk if you misuse elements such as public/private key cryptography or fail to update or run software to accommodate protocol upgrades. By using the Offerings, you explicitly acknowledge and accept these heightened risks. You represent that you possess the financial and technical sophistication necessary to understand the inherent risks associated with using cryptographic and blockchain-based systems, as well as upgrading your software and processes for protocol upgrades. You affirm that you have a working knowledge of digital assets like Ether (ETH) and other digital tokens, including those following the ERC-20 token standard. In particular, you understand that we do not operate the Reuther protocol or any other blockchain protocol, conduct protocol upgrades, or approve or process blockchain transactions on your behalf. Furthermore, you understand that blockchain protocols come with their own usage risks, and participating in or supporting a protocol may lead to losses if your actions violate specific protocol rules. You acknowledge that blockchain-based transactions are generally irreversible and that you must keep your private key and backup seed phrase confidential at all times. You acknowledge that GravityHUB does not store a backup of your private key or backup seed phrase and cannot discover or recover them. You are solely responsible for any approvals or permissions you provide through cryptographic signatures on blockchain messages or transactions. You acknowledge and accept that digital tokens carry inherent risks, including market volatility risk, technical software risks, regulatory risks, and cybersecurity risks. You understand that the cost and speed of a blockchain-based system are variable, and GravityHUB does not have control over them. The cost may increase significantly at any time, and GravityHUB cannot influence or regulate it. Additionally, protocol upgrades may unintentionally introduce bugs or security vulnerabilities, which can lead to loss of functionality and potential loss of funds. You acknowledge and agree that GravityHUB does not exercise control over any blockchain protocol or third-party-developed smart contract, except for those explicitly offered as part of the GravityHUB offerings. GravityHUB has no control over modifications made to any blockchain protocol. You acknowledge and agree that you are solely responsible for any transactions you engage in related to supporting blockchain protocols or interacting with third-party-developed smart contracts or tokens. This includes tokens created by third parties to fraudulently misrepresent affiliation with any blockchain project. You understand that blockchain regulation is evolving globally, and GravityHUB is not responsible for the regulatory status or treatment of any digital assets you access or transact with using GravityHUB offerings. You expressly assume all risks associated with accessing and using the offerings to interact with blockchain protocols.

10. Limitation of liability.

10.1 Liability Limit

Except for claims regarding breach of our proprietary rights as governed by Section 7 and intellectual property claims as governed by Section 8, neither party, together with its affiliates, shall be liable for an aggregate amount exceeding the total fees paid by you for the specific offerings that gave rise to the liability within the twelve months preceding the first incident that caused the liability. If no fees have been paid, the liability shall not exceed $25,000. This limitation applies to actions in contract or tort, regardless of the theory of liability, but does not restrict your payment obligations under Section 4.

10.2 Exclusion of Consequential and Related Damages

Neither party, nor its affiliates, shall have any liability for lost profits, revenues, goodwill, or indirect, special, incidental, consequential, cover, business interruption, or punitive damages arising out of or related to this Agreement. This applies to actions in contract or tort, regardless of the theory of liability, even if a party or its affiliates were advised of the possibility of such damages or if a partys or its affiliates remedy fails of its essential purpose. This exclusion does not apply to the extent prohibited by law.

11. Binding Arbitration and Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

11.1 Binding Arbitration.

Any dispute, claim, or controversy (Claim) relating to this Agreement, the Site, or your use of the Offerings shall be resolved through binding arbitration as described in this Section 11, instead of in court. However, you may assert claims in small claims court if they qualify.

11.1.1 If you are located in the United States:

This agreement, including any dispute or claim (including non-contractual disputes or claims) arising from or relating to it, its subject matter, or its formation, will be governed by and interpreted in accordance with the laws of the State of Delaware. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Arbitration is conducted without a judge or jury, and court review of an arbitration award is limited. However, an arbitrator can grant the same damages and relief on an individual basis as a court (including injunctive and declaratory relief or statutory damages), and must adhere to the terms of this Agreement as a court would. The arbitration will be conducted in accordance with the expedited procedures outlined in the JAMS Comprehensive Arbitration Rules and Procedures (the Rules) as of the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules. The arbitrators decision will be final, binding, and non-appealable. The award may be entered and enforced in any court with jurisdiction. Neither party may sue the other party, except as provided in this clause or for the enforcement of this clause or the arbitrators award. Any such suit may only be brought in a Federal District Court or a Delaware state court located in Wilmington, Delaware. The arbitrator, not any federal, state, or local court, has exclusive authority to resolve any dispute regarding the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Agreement, including any claim that all or part of the Agreement is void or voidable. If, for any reason, a claim proceeds in court rather than arbitration, we and you waive any right to a jury trial. However, we and you agree that either party may bring suit in court to seek injunctive or other equitable relief for infringement or misuse of intellectual property rights.

11.1.2 If you are located in the United Kingdom:

his agreement, including any dispute or claim (including non-contractual disputes or claims) arising from or relating to it, its subject matter, or its formation, will be governed by and interpreted in accordance with the laws of England and Wales. Any dispute, claim, or controversy related to this Agreement, the Offerings, your use of the Offerings, or any licensed or distributed products or services by us will be resolved through binding arbitration as outlined in this clause. Before initiating formal arbitration proceedings, the parties will first attempt to settle any claim through mediation in accordance with the LCIA Mediation Rules, which are considered to be incorporated by reference into this clause. If the dispute is not resolved through mediation within 14 days from the start of mediation, or any additional period agreed upon in writing by the parties, the dispute will be referred to and finally resolved through arbitration under the LCIA Rules, which are also deemed to be incorporated by reference into this clause. English shall be the language used in both mediation and arbitration. The seat or legal place of arbitration will be London.

11.1.3 Other Locations

If you are located in a territory not specifically mentioned in Sections 11.1.1 or 11.1.2, you may choose to apply either Section 11.1.1 or 11.1.2. If no election is made, this Agreement, including any Claim (including non-contractual disputes or claims) arising from or relating to it, its subject matter, or its formation, will be governed by and interpreted in accordance with the laws of the British Virgin Islands. Any Claim related to this Agreement, the Offerings, your use of the Offerings, or any licensed or distributed products or services by us will be resolved through binding arbitration as outlined in this clause. Before initiating formal arbitration proceedings, the parties will first attempt to settle any claim through mediation in accordance with the LCIA Mediation Rules, which are considered to be incorporated by reference into this clause. If the dispute is not resolved through mediation within 14 days from the start of mediation, or any additional period agreed upon in writing by the parties, the Claim will be referred to and finally resolved through arbitration under the LCIA Rules, which are also deemed to be incorporated by reference into this clause. English shall be the language used in both mediation and arbitration. The seat or legal place of arbitration will be Tortola, British Virgin Islands.

11.2 Class Action Waiver.

Both you and we agree that any claims brought against the other party will be on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding. We expressly waive the right to file a class action or seek relief on a class basis. No arbitrator or judge may consolidate claims of more than one person or preside over any representative or class proceeding unless both parties agree. The arbitrator may grant injunctive relief only to the individual seeking relief and only to the extent necessary for that individuals claim. If a court determines that applicable law prevents the enforcement of any limitations in this section for a particular claim, that claim will be severed from arbitration and may be brought in court. If a court or arbitrator finds the class action waiver in this paragraph to be void or unenforceable or allows arbitration to proceed on a class basis, the above arbitration provision will be deemed null and void in its entirety, and the parties will be considered not to have agreed to arbitration for disputes.

11.3 30-Day Right to Opt Out.

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions described above. To exercise this right, you must send written notice of your decision to opt-out to the email address info@GravityHUB.xyz with the subject line LEGAL OPT OUT. The notice must be sent within 30 days of your initial use of the Offerings. Failure to opt-out within this period means you will be bound by the arbitration and class action waiver provisions and deemed to have waived the right to pursue a class action as stated in those paragraphs. If you choose to opt-out, we will not be bound by these provisions either.

12. Miscellaneous

12.1 Assignment.

You may not assign or transfer this Agreement or any of your rights and obligations under this Agreement without our prior written consent. Any assignment or transfer in violation of this Section 12.1 will be considered void. We have the right to assign this Agreement without requiring your consent. Once assigned, the assignee will be considered as a substitute for us in this Agreement, and we will be fully released from all obligations and duties under this Agreement. This Agreement will be binding upon the parties and will benefit their respective permitted successors and assigns, subject to the provisions stated above.

12.2 DAOs

As a blockchain native company, we may engage with and offer certain services to DAOs. In the event that a DAO approves and accepts such services from GravityHUB, the DAO and its members (as applicable) acknowledge and agree to be bound by these Terms in their entirety.

12.2.1 Entire Agreement and Modifications.

This Agreement incorporates the Policies by reference and represents the complete agreement between you and us regarding the subject matter covered in this Agreement. In the event of any inconsistency between the terms in this document and those in any Policy, the terms in this document will take

12.3 Force Majeure.

Neither party, nor their respective affiliates, will be held liable for any delay or failure to fulfill their obligations under this Agreement if such delay or failure is caused by circumstances beyond their reasonable control. These circumstances may include acts of God, utility or telecommunication failures, cyber attacks, natural disasters, pandemics, blockages, embargoes, riots, government acts or orders, acts of terrorism, or war.

12.4 Export and Sanctions Compliance.

In connection with this Agreement, you are required to comply with all relevant laws and regulations concerning import, re-import, sanctions, anti-boycott, export, and re-export controls. This includes complying with laws and regulations that may apply to you. It is your sole responsibility to ensure compliance with these laws and regulations regarding your use of the Offerings. If you are subject to U.S. sanctions or sanctions imposed by the government of the country where you are using the Offerings, you may not use the Offerings.

12.5 Independent Contractors

Non-Exclusive Rights. We and you are independent contractors, and this Agreement does not create a partnership, joint venture, agency, or employment relationship between us. Neither party, nor any of their respective affiliates, acts as an agent of the other or has the authority to bind the other. Both parties have the right to develop or have developed similar or competing products, services, concepts, systems, or techniques. Both parties also reserve the right to assist third-party developers or systems integrators who may offer products or services that compete with the other partys offerings.

12.6 Eligibility.

If you are below the age of majority in your jurisdiction of residence, you may only use the Site or Offerings with the consent or under the supervision of your parent or legal guardian.

12.7 Language.

Language. All communications and notices exchanged under this Agreement must be in the English language. In the event of any conflict between the English language version of this Agreement and any translated version, the English language version will prevail. 12.8 Notices.

12.8 Notices.

(a) To You. We may provide any notices to you through various means, including by posting a notice on the Site, sending a message to the email address associated with your account, or using public communication channels. Notices posted on the Site or through public communication channels are considered effective upon posting, while notices sent by email are considered effective upon sending. It is your responsibility to ensure that your email address is up to date. You will be deemed to have received any email sent to the email address associated with your account, regardless of whether you actually receive it. (b) To Us. To provide notice to us under this Agreement, you must contact us via email at support@gravityhub.xyz.

12.9 No Third-Party Beneficiaries.

No Third-Party Beneficiaries. This Agreement does not confer any rights or benefits on third parties, except as expressly stated herein.

12.10 No Waiver.

The failure of us to enforce any provision of this Agreement does not constitute a waiver of that provision or limit our right to enforce it in the future. Any waivers granted by us must be in writing to be effective.

12.11 Severability.

Severability. If any part of this Agreement is deemed invalid or unenforceable, the remaining parts of the Agreement will continue to be valid and enforceable to the fullest extent permitted by law. The invalid or unenforceable portion will be interpreted to reflect the original intent and purpose to the maximum extent possible. If such interpretation is not feasible, the invalid or unenforceable portion will be severed from the Agreement, but the rest of the Agreement will remain in effect.

12.12 Notice and Procedure for Making Claims of Copyright Infringement.

If you believe that your copyright or the copyright of someone you are authorized to represent has been infringed, please provide us with a written notice including the following information: - An electronic or physical signature of the person authorized to act on behalf of the copyright owner. - A description of the copyrighted work or intellectual property that you claim has been infringed. - Information about the location of the infringing material in relation to the Offerings. - Your contact information, including address, telephone number, and email address. - A statement from you that you have a good faith belief that the use of the disputed material is not authorized by the copyright owner, its agent, or the law. - A statement from you, made under penalty of perjury, that the information provided in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner. Please send the notice to the following address: support@gravityhub.xyz