MOSEIKI END USER AGREEMENT (EUA)

Last modified: 12/11/2024

Preamble

This End User Agreement ("EUA" or "Agreement") is a binding legal contract between you, whether an individual or a legal entity ("User" or "you"), and Hot Skulls Labs Ltd. ("Moseiki," "we," "us," or "our"). By creating a Moseiki account, purchasing or listing digital assets on our platform, or using any Moseiki services, you agree to comply with and be bound by the terms and conditions in this Agreement.

Moseiki is a web3-supported social media platform empowering users to control their digital identities, own their content, and engage in a secure, innovative environment for sharing, buying, and selling NFTs and other digital assets. This Agreement outlines the terms governing your access to and use of the Moseiki platform, including the website, mobile application, marketplace, and all associated services and content.

Please read this Agreement carefully, as it affects your legal rights and obligations. By accessing or using Moseiki, you acknowledge that you understand, accept, and agree to be bound by this EUA. If you do not agree to any of these terms, you should not access or use the platform.

1. Definitions

The terms used in this End User Agreement are defined as follows:

1.1 "Platform"

• Refers to the Moseiki services, including but not limited to the website, mobile application, marketplace, and any associated software, databases, interfaces, or content provided by Hot Skulls Labs Ltd.

1.2 "Services"

• Encompasses all functionalities, features, and offerings provided by Moseiki through the Platform, including the creation, purchase, sale, and management of digital assets, such as NFTs and Moseiki IDs.

1.3 "Content"

• Means any data, text, graphics, images, videos, audio, or other materials uploaded, posted, stored, or displayed on the Platform by either Moseiki or its users.

1.4 "User"

• Refers to any individual or legal entity accessing or using the Platform, whether they are a registered account holder or a guest user.

1.5 "Moseiki ID"

• Refers to the unique identifier or digital identity associated with each registered user on the Platform. Moseiki IDs may be traded, listed, or transferred within the Platform as governed by this Agreement.

1.6 "VIBECASH"

• The in-app currency used within the Moseiki Platform for transactions, including but not limited to purchasing digital assets, making offers, and accessing premium services. VIBECASH is pegged to the value of $1 USD per unit and can only be used within the Platform.

1.7 "NFT"

• Non-Fungible Token, a digital asset created, sold, and transferred within the Moseiki Platform, uniquely verified and stored on the blockchain to represent ownership of specific digital content.

1.8 "Wallet"

• A digital wallet associated with a User’s Moseiki account, used to store VIBECASH, NFTs, and other assets held within the Platform.

1.9 "Agreement"

• This End User Agreement (EUA), including any future amendments, governing the relationship between Moseiki and the User.

2. Acceptance of Terms

By accessing or using the Moseiki Platform, you agree to be bound by the terms and conditions outlined in this Agreement. Your acceptance of these terms is a prerequisite to using the services provided by Hot Skulls Labs Ltd. Please read these terms carefully before proceeding.

2.1 Agreement to Terms

• Binding Agreement: By creating an account, purchasing a Moseiki ID, making a transaction, or engaging in any activity on the Platform, you confirm that you have read, understood, and accepted this Agreement.

• Age Requirement: You affirm that you are at least 18 years of age or the age of legal majority in your jurisdiction if higher. Individuals under this age may not use the Platform.

2.2 Restricted Access

• Sanctions and Prohibited Use: Users subject to international sanctions (e.g., imposed by the United States, European Union, United Nations) are strictly prohibited from accessing the Platform. This restriction includes users from regions under comprehensive sanctions, such as North Korea and Iran.

• FATCA Compliance for U.S. Persons: Users who qualify as U.S. persons under the Foreign Account Tax Compliance Act (FATCA) may be required to provide additional information regarding their taxable status. Non-compliance with FATCA may result in account restrictions or termination.

2.3 Right to Refuse Service

• Service Denial and Termination: Moseiki reserves the right to refuse service, terminate accounts, or restrict access to the Platform at its sole discretion for any reason, including but not limited to violations of these terms, misuse of services, or non-compliance with sanctions and FATCA requirements.

3. User Obligations

As a Moseiki user, you agree to abide by the following responsibilities and obligations to maintain a secure and fair environment on the Platform:

3.1 Account Information

• Accuracy and Updates: You agree to provide accurate, current, and complete information during the registration process and to update your information as necessary to keep it accurate and complete. Failure to maintain accurate information may result in the suspension or termination of your account.

3.2 Account Security

• Confidentiality: You are responsible for maintaining the confidentiality of your account credentials, including your password. To enhance security, we recommend using a strong, unique password for your Moseiki account and updating it periodically.

• Unauthorized Access: You agree not to share your account credentials with others or permit unauthorized individuals to access your account. You are solely responsible for any activities or actions conducted under your account, whether or not you have authorized such activities.

3.3 Compliance with Laws

• Legal Compliance: You agree to use the Platform in compliance with all applicable local, national, and international laws, regulations, and guidelines, including any laws governing data privacy, content rights, and financial transactions.

• Sanctions and Prohibited Use: You affirm that you are not subject to any sanctions imposed by recognized authorities (e.g., the United States, European Union) and that you will not use the Platform for any unauthorized or illegal purposes.

3.4 Prohibited Activities

• Unlawful Conduct: You agree not to use the Platform for any illegal, unethical, or unauthorized activities, including but not limited to intellectual property infringement, defamation, harassment, or privacy violations.

• Content Integrity: You shall not manipulate or falsely represent your identity, content, or affiliations on the Platform, nor upload content that is harmful, offensive, or violates the rights of others.

• Service Interference: You agree not to interfere with or disrupt the Platform’s operations, servers, or networks, nor bypass any security or authentication measures.

3.5 Responsibility for Account Activity

• Liability: You are solely responsible for any damages or claims arising from any actions taken through your account, whether by you or others who have access to your account credentials, with or without your authorization.

• Reporting Misuse: You agree to promptly report any unauthorized use of your account or security breach to Moseiki.

3.6 Backup of Content

• Data Backup: You are responsible for maintaining backups of any content or data you upload or store on the Platform. Moseiki is not liable for any loss or corruption of such data and has no obligation to return data upon termination of this Agreement.

4. ID Sale

The Moseiki Platform offers users the ability to purchase, hold, and transfer unique Moseiki IDs, which serve as digital identities within the ecosystem. The terms for acquiring and managing Moseiki IDs are as follows:

4.1 Moseiki ID and Wallet

• Wallet Creation: When you express interest in obtaining a Moseiki ID, a Moseiki Wallet will be generated for you with an initial balance of zero. This wallet is used for holding funds, VIBECASH, and any transactions associated with your Moseiki ID.

• Funding the Wallet: You can add funds to your Moseiki Wallet through accepted payment methods, including credit cards and alternative payment options like Apple Pay, Google Pay, and Stripe. Moseiki also supports deposits from recognized cryptocurrency wallets such as Wallet Connect, Coinbase, and MetaMask.

4.2 Account Creation and Authentication

• Login and Registration: To complete the purchase of a Moseiki ID, you will be prompted to log in or register with Moseiki. New users will be required to create a password and select a payment method.

• Verification: For certain types of IDs, such as those designated for influencers or brands, verification may be required via platforms like X (formerly Twitter) or Instagram. Alternatively, premium IDs may be purchased without verification at an elevated price.

• Multiple ID Ownership: Users can hold multiple Moseiki IDs, with the option to designate one ID as their “Primary” for interactions within the Platform.

4.3 Marketplace and Transfers

• Listing for Sale: Moseiki IDs may be listed for sale on the Platform’s dedicated marketplace, enabling users to buy, sell, or transfer their IDs within the Platform.

• Transfer Restrictions: IDs may only be transferred within the Moseiki ecosystem. At this time, Moseiki does not support transfers of IDs to or from external platforms or services.

5. Privacy Policy

Your privacy is important to Moseiki, and your use of the Platform is governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information.

5.1 Agreement to Privacy Policy

• Acceptance of Privacy Terms: By using the Platform, you acknowledge that you have read, understood, and agree to the terms of our Privacy Policy. The Privacy Policy forms part of this Agreement, and it details our practices regarding data collection, processing, and sharing.

5.2 Data Transfer Consent

• Cross-Border Data Transfers: By using the Platform, you consent to the transfer of your information to countries outside your own for the purposes outlined in the Privacy Policy. This may include regions where data protection laws differ from those in your jurisdiction, though Moseiki is committed to ensuring adequate protection for your data.

5.3 User Rights and Data Requests

• Exercising Your Privacy Rights: You may have specific rights regarding your personal data, as described in our Privacy Policy, including the right to access, correct, delete, or object to certain uses of your data. To exercise these rights, please contact Moseiki at [e-mail].

6. Restrictions on Use

To ensure a safe and fair experience for all users, Moseiki imposes certain restrictions on how the Platform and its services may be used. By agreeing to these terms, you acknowledge and agree to the following restrictions:

6.1 General Misuse

• Prohibited Activities: You agree not to misuse the Platform in any way that could damage, disable, overburden, or impair it or interfere with any other user’s experience. This includes unauthorized access, disruptive behavior, and violations of Moseiki’s policies.

6.2 Unauthorized Access

• Access Restrictions: You may not attempt to gain unauthorized access to any part of the Platform, including any service, account, resource, or network associated with Moseiki.

• Security Breaches: Attempting to bypass, probe, scan, or test the security or authentication measures of the Platform, or exploiting any security vulnerabilities, is strictly prohibited.

6.3 Illegal Activities

• Compliance with Laws: You shall not use the Platform for any illegal activities or in violation of any local, state, national, or international laws. This includes, but is not limited to, activities such as intellectual property infringement, defamation, and privacy violations.

• Prohibited Content: You are prohibited from distributing, promoting, or engaging in activities involving illegal content, harmful data, or malware.

6.4 Disruption and Interference

• Interference with Services: You agree not to take any action that could disrupt the normal functioning of the Platform, including initiating attacks, sending spam, or overloading the Platform’s infrastructure.

• Automated Access: The use of automated systems, such as bots, spiders, or scrapers, to access or extract data from the Platform without express permission is prohibited.

6.5 Intellectual Property Rights

• Moseiki’s Intellectual Property: You shall not infringe upon or misuse Moseiki’s intellectual property, including trademarks, copyrights, patents, or trade secrets.

• Third-Party Rights: You agree not to upload, share, or distribute content that infringes on the intellectual property rights of others.

6.6 Impersonation and Misrepresentation

• False Representation: You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity on the Platform.

6.7 Reverse Engineering

• Prohibited Reverse Engineering: You may not reverse engineer, decompile, disassemble, or attempt to extract the source code of any software used on the Platform.

6.8 Unauthorized Advertisements

• Advertising Restrictions: You shall not use the Platform to advertise or promote products, services, or content without explicit permission from Moseiki.

6.9 User Feedback

• Unsolicited Ideas: While Moseiki welcomes user feedback, unsolicited ideas for products, features, or enhancements should not be submitted unless specifically requested. Moseiki reserves the right to use feedback without any obligation to compensate the user.

7. Termination

Moseiki reserves the right to suspend or terminate your access to the Platform and its services under specific conditions. This section outlines the terms and conditions under which such actions may occur.

7.1 Rights of Termination

• Termination by Moseiki: Moseiki, at its sole discretion, may terminate or suspend your account and access to the Platform without prior notice for conduct that violates this Agreement, disrupts the experience of other users, or is deemed harmful to Moseiki, its users, or third parties.

• Termination for Non-Payment: If you fail to pay any fees or charges due under this Agreement, Moseiki reserves the right to suspend or terminate your account until payment is made.

7.2 Effects of Termination

• Immediate Cessation of Access: Upon termination, your right to access and use the Platform will end immediately. You are responsible for destroying any information you have obtained from the Platform, including downloaded materials, and agree not to access or use the Platform following termination.

• Surviving Provisions: Any provisions of this Agreement that, by their nature, should survive termination will continue to apply. This includes, without limitation, sections on intellectual property, disclaimers, limitations of liability, and indemnity.

7.3 User-Initiated Account Deletion

• Account Deletion Request: You may terminate your account by contacting Moseiki support. Upon request, your account will be deleted, though certain information may be retained as required by law or for record-keeping purposes.

7.4 Refunds and Fees

• No Refunds: Unless otherwise specified in this Agreement, all fees and charges are non-refundable. Partial periods of usage, unused VIBECASH, or services will not be refunded upon termination or suspension.

7.5 Liability for Termination

• No Liability for Termination: Moseiki is not liable for any losses, damages, or claims arising from the termination, suspension, or restriction of your account or access to the Platform. By agreeing to these terms, you acknowledge that termination is at Moseiki’s discretion and agree to hold Moseiki harmless in the event of such actions.

8. Disclaimers and Limitation of Liability

Moseiki provides its services "as-is" and "as available," and your use of the Platform is at your own risk. This section outlines the limits of Moseiki’s responsibility and liability regarding the services provided.

8.1 No Warranties

• Service Availability: Moseiki makes no warranties or guarantees that the Platform will meet your requirements, operate without interruption, or be error-free. The Platform, services, and all content are provided “as-is” and “as available” without any warranties, whether express or implied.

• Disclaimer of Implied Warranties: To the fullest extent permitted by law, Moseiki expressly disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2 Service Interruptions

• No Liability for Disruptions: Moseiki is not responsible for any interruptions or delays in service, delivery failures, or any loss or damage resulting from data transfer over communications networks, including the internet. While we strive to maintain a secure and efficient platform, technical disruptions may occur.

8.3 Limitation of Liability

• Exclusion of Certain Damages: To the fullest extent permitted by law, Moseiki, its officers, directors, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages. This includes, without limitation, damages for lost profits, lost data, loss of goodwill, or other intangible losses resulting from:

  • Your access to or use of (or inability to access or use) the Platform.

  • Any unauthorized access to or use of our servers and any personal information stored therein.

  • Any errors, inaccuracies, or omissions in the Platform’s content or services.

• Maximum Liability: Moseiki’s total liability to you for all claims arising out of or related to this Agreement or your use of the Platform shall not exceed the amount you have paid to Moseiki in the twelve (12) months preceding the event that gave rise to the claim.

8.4 Jurisdictional Limitations

• Limitations by Jurisdiction: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. If these exclusions or limitations are prohibited by applicable law in your jurisdiction, they may not apply to you, and Moseiki’s liability will be limited to the maximum extent permitted by law.

9. Indemnification

By using the Moseiki Platform, you agree to defend, indemnify, and hold Moseiki harmless from any claims or damages that may arise from your use of the Platform or your violation of this Agreement.

9.1 General Indemnity

• User Responsibility: You agree to indemnify, defend, and hold harmless Moseiki, its affiliates, officers, directors, employees, agents, and representatives from any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney's fees) arising from:

  • Your access to or use of the Platform.

  • Your breach of any term of this Agreement.

  • Your violation of any third-party rights, including intellectual property, privacy, or proprietary rights.

  • Any harm or damage caused by your content or actions on the Platform, including transactions, interactions, or submissions that harm other users or third parties.

9.2 Cooperation in Defense

• User Cooperation: In the event of a claim, action, or legal proceeding initiated against Moseiki due to your actions, you agree to fully cooperate with Moseiki in defending against such claims. Moseiki reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

9.3 Settlement Approval

• Consent for Settlements: You shall not settle any claim, action, or proceeding without obtaining the prior written consent of Moseiki. Moseiki will not unreasonably withhold consent for any settlement that resolves the claim without imposing additional obligations on Moseiki.

9.4 Survival

• Continuation of Obligations: This indemnification obligation will survive the termination of this Agreement and your use of the Platform, meaning it remains in effect even after you cease using Moseiki or this Agreement ends.

10. Miscellaneous

This Agreement and any disputes or claims arising from it or your use of the Moseiki Platform will be governed by and construed in accordance with the laws of the British Virgin Islands (BVI), without regard to its conflict of law principles.

10.1 Governing Law

• Jurisdiction of BVI: This Agreement shall be governed by the laws of the British Virgin Islands, and all matters relating to the interpretation, validity, and enforcement of this Agreement shall be governed by BVI law.

10.2 Dispute Resolution

• BVI Courts: You agree to submit to the exclusive jurisdiction of the courts of the British Virgin Islands for the resolution of any disputes or claims arising out of or in connection with this Agreement, your use of the Platform, or any related matter.

• Waiver of Other Jurisdictions: By agreeing to this clause, you waive any objections to the BVI courts on grounds of inconvenience or other factors.

10.3 Alternative Dispute Resolution (Optional)

• Arbitration Option: At Moseiki’s sole discretion, we may choose to resolve certain disputes through binding arbitration in the British Virgin Islands. In such cases, the arbitration will be conducted under the rules of a recognized arbitration body mutually agreed upon by both parties.

• Costs of Arbitration: Each party will bear its own costs of arbitration, except where otherwise provided by the arbitration rules or agreed upon in writing by both parties.

11. Amendments

Moseiki reserves the right to modify, update, or otherwise amend this End User Agreement at any time. This section outlines how amendments are made, communicated, and accepted.

11.1 Right to Modify Agreement

• Amendment Authority: Moseiki may amend or update any part of this Agreement at its discretion, including changes to services, policies, or terms governing the use of the Platform.

• Notice of Changes: If changes are made, we will post the updated Agreement on the Platform and update the “Last Modified” date at the top of the document. In cases of significant changes, we may also notify you by email or through an in-app notification.

11.2 Acceptance of Amendments

• Automatic Acceptance: By continuing to access or use the Platform after the amended Agreement has been posted, you agree to be bound by the updated terms. If you do not agree with the changes, you must cease using the Platform immediately.

• Review Responsibility: It is your responsibility to periodically review the Agreement for updates. Moseiki is not obligated to individually notify each user of minor updates to this Agreement.

11.3 Effective Date of Amendments

• Timing of Changes: Unless otherwise stated, amendments will take effect immediately upon being posted on the Platform or communicated to you through other means.

12. Intellectual Property

Moseiki and its licensors retain all rights, title, and interest in and to the Platform, including all content, features, and functionality. This section outlines the intellectual property rights associated with the use of Moseiki and the protection of Moseiki’s proprietary assets.

12.1 Ownership

• Platform and Content: The Platform, services, and all related content, including but not limited to text, images, graphics, logos, videos, and software, are owned by Moseiki or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

• Trademarks: All trademarks, service marks, trade names, logos, and trade dress displayed on the Platform are proprietary to Moseiki or its licensors or licensees.

12.2 Restrictions on Use

• No Unauthorized Reproduction: You agree not to reproduce, duplicate, copy, sell, resell, distribute, download, modify, display, publicly perform, or prepare derivative works based on the Platform, services, or any related software, except as expressly authorized by Moseiki in writing.

• No Separation of Content: You shall not use any images, photographs, video or audio sequences, or graphics from the Platform separately from the accompanying text or context, without prior written consent from Moseiki.

12.3 Unauthorized Use

• Breach of IP Rights: Any unauthorized use of the Platform or services is a violation of this Agreement and may infringe copyright, trademark, and other intellectual property laws. If you wish to make use of any material on the Platform other than as permitted in this Agreement, please contact us for written approval.

12.4 Feedback and Suggestions

• License to Feedback: By submitting feedback, comments, or suggestions regarding the Platform or services, you grant Moseiki a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable license to use, copy, modify, distribute, display, and perform your feedback for any purpose without any compensation to you. Moseiki is under no obligation to use or consider any feedback you provide.

13. Use of Services

This section outlines the terms of permitted use for the Moseiki Platform and services, including access rights, usage restrictions, and guidelines for contributing content.

13.1 Access and Use

• License to Use Platform: Subject to your compliance with this Agreement, Moseiki grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for personal or internal business purposes.

• Prohibited Uses: You agree not to use the Platform for any illegal or unauthorized purposes or to violate any laws in your jurisdiction.

13.2 Usage Restrictions

• Prohibited Activities, you may not:

• Decompile, reverse engineer, disassemble, or attempt to derive the source code of any software used on the Platform.

• Use the Platform or services for any purpose that is illegal or prohibited by this Agreement.

• Exploit any part of the Platform for commercial purposes without Moseiki’s express consent.

13.3 Account Registration

• User Accounts: To access certain features of the Platform, you may be required to register for an account. You must provide accurate and complete information during registration and update your information as necessary. You are solely responsible for the activity that occurs under your account and for maintaining the security of your account credentials.

13.4 User Content

• Ownership of Content: You retain ownership of any intellectual property rights in the content you upload, submit, or store on the Platform (“User Content”). By submitting User Content to Moseiki, you grant Moseiki a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, distribute, display, and perform your User Content in connection with the Platform and services.

13.5 Acceptable Use

• Prohibited Conduct:

  • Copying, distributing, or disclosing any part of the services in any unauthorized medium.

  • Using automated systems, such as “robots,” “spiders,” or “scrapers,” to access the Platform without Moseiki’s permission.

  • Sending unsolicited messages, spam, or chain letters, or otherwise interfering with the Platform’s operations.

13.6 Termination of Use

• Termination Rights: Moseiki may, at its discretion and without prior notice, suspend or terminate your license to use the Platform if you breach any terms of this Agreement or engage in prohibited conduct.

14. Contact and Support

Moseiki is committed to providing you with assistance and support for any questions, issues, or feedback related to your use of the Platform and services. This section details the options for reaching out to Moseiki’s support team.

14.1 General Inquiries

• Contact Information: For any questions, concerns, or additional information regarding this Agreement or the Platform, please contact us at:

  • Email: [e-mail]

14.2 Technical Support

• Support Requests: If you experience technical issues or encounter problems with the Platform or services, please provide a detailed description of the issue. Our support team will work to resolve the issue promptly.

• Response Time: While we strive to respond as quickly as possible, response times may vary depending on the complexity of the request and current support volume.

14.3 Feedback and Suggestions

• User Feedback: Moseiki values feedback from our users. You are encouraged to share comments, suggestions, and ideas for improvements to the Platform and services. Please send feedback to [e-mail].

• Feedback Use: Any feedback submitted by users may be used by Moseiki as outlined in Section 12.4, without any obligation to compensate the user.

14.4 Reporting Violations

• Report Misconduct: If you believe that another user has violated this Agreement or infringed upon your rights, please contact us with a detailed description of the alleged violation. Our team will review the report and take appropriate action as needed.