SnapX Terms of Use

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you") and SnapX Labs Limited and directly related entities, subsidiaries, parent companies and strategic partners (“we", “us", or “our") concerning your access to and use of the www.snapx.io website and the SnapX app as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site" and the “App"). SnapX is a distributed application that is currently running on the blockchains, using specially-developed smart contracts (each, a “Smart Contract”) to enable users to own, transfer, snap, and mint genetically unique digital camera. It also enables users to own and transfer other digital assets like films, sd cards, camera boxes and other items. These assets can then be visualized on a website that the user can interact with (the "Site"). The Smart Contracts and the Site are collectively referred to in these Terms as the “App”. Using the App, users can view their assets and use the Smart Contracts to acquire, trade, snap, and mint camera with other App users.

WE ARE ONLY WILLING TO MAKE THE APP, THE SMART CONTRACTS, AND THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE APP, THE SMART CONTRACTS, THE SITE, OR ANY OTHER OFFICIAL SNAPX PRODUCT, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE. IF YOU DO NOT AGREE AND/OR ACCEPT ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, THE APP AND THE SMART CONTRACTS AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site, the App, and the Smart Contracts from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you of any changes by updating the “Last modified" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site, the App, and the Smart Contracts after the date such revised Terms of Use are posted.

The information on the Site, the App, and the Smart Contracts are not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, any persons who access the Site and/or the App while breaking their local laws are doing it on their own initiative and will have to deal with the consequences when applicable.

The Site is intended for users who are at least 18 years old. People under the age of 18 are not permitted to use or register for the Site, the App, and the Smart Contracts.

1. Amendments to Terms of Use

SnapX reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on the App or through the Services. Your continued use of the App and the Services following such notification will represent an agreement by you to be bound by the Terms of Use as amended.

2. Who may use the App?

You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to access the App and the Services. As a user you should abide by all safety precautions, including resting, hydrating and modifying as needed.

The App and the Services are offered only for your personal, non-commercial use. When interacting with the App or the Services, you should exercise caution and common sense to protect your personal safety and health. You agree that the Company is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of interacting with the App or the Services.

By using the App or the Services you represent and warrant that:

1. you are not a current resident of the United States of America, China (Mainland), Cuba, Crimea and Sevastopol, Iran, Afghanistan, Syria, North Korea, Antigua and Barbuda; and

2. your access to and use of the App and Services is lawful in your country of residence in the manner in which you access and use them.

3. App

Access to the App is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the App.

We may from time to time change the rate at which users accumulate tokens using the App. We may reverse benefits allocated to you if we reasonably consider the circumstances justify a reversal, for example if they are allocated to you by mistake or if you accumulated them by misusing the App or the Services or in a way that is fraudulent, dishonest or otherwise unacceptable.

You are responsible for ensuring your security of access to any digital wallet used by you in connection with the App or the Services.

We make no representation and give no warranty that tokens accumulated through the App or the Services will have any particular value or any monetary value at all. You are liable for any loss or diminution value of tokens.

4. Linked sites

The App may contain links to other apps or websites (Linked Sites), which are not operated by the Company. The Company has no control over the Linked Sites, makes no warranties or representations in relation to the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each respective Linked Site.

5. Privacy policy

Our privacy policy, which sets out how we will use your personal information, can be found at https://privacy.snapx.io/. By using the App, you consent to our collection, storage, use and disclosure of your personal information as set out in the privacy policy and warrant that all data provided by you is accurate.

6. Safety warnings

THE COMPANY OFFERS FOOD AND BEVERAGE INFORMATION, DISCOUNTS AND COUPON AND REVIEWS BY USERS. THE INFORMATION IS DESIGNED FOR ENTERTAINMENT PURPOSES ONLY. YOU SHOULD REFER TO THE MERCHANTS FOR THE MOST PRECISE AND UP-TO-DATED INFORMATION DISCOUNTS AND COUPON AND REVIEWS AND FOOD SAFETY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW NUTRITION PROGRAM USING THE APP OR THE SERVICES. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, FOOD SAFETY, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTHCARE PROFESSIONAL AND GOVERNMENT OFFICIALS. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF YOUR QUEST TO ACCUMULATE TOKENS ON THE SNAP-TO-EARN USING THE APP OR THE SERVICES. THE USE OF ANY INFORMATION PROVIDED THROUGH THE APP AND THE SERVICES IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE OR NUTRITION OR FOOD SAEFTY ADVICE.

7. Purchase

The Company may offer certain products and Services for purchase through the Apple App Store, Google Play or other external services as authorised by the Company (each an External Service, and any purchases made being an External Service Purchase).

When making a purchase on the Service, you may have the option to pay through an External Service, such as your Apple ID or Google Play account (External Service Account) and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account and as stated by the External Service. You may be charged a sales tax, depending on where you live, which may change from time to time.

If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription on a monthly basis until you cancel your subscription. You will be automatically charged at the price and time period you agreed to when first making the purchase.

If you do not want to renew your subscription, or if you want amend or cancel your subscription, you must log into your External Service Account and follow the instructions to manage or cancel your subscription. This applies even if you have deleted your account with us or if you have deleted the App from your device.

If you initiate a chargeback or otherwise reverse a payment made with the Company or your External Service Account, the Company may terminate your subscription immediately in its sole discretion. All purchases are final and non-refundable, except if laws applicable in your jurisdiction provide for refunds.

8. Application Phrases

8.1 ALPHA. Alpha is the earliest testing phrase of SnapX. The application SnapX is listed on iOS App Store and Google Play Store on 2023-04-04. During the alpha stage, testers are invited with invitation code with limited camera films to snap. Testers in Alpha stages are our early supporters and will be rewarded in token and other form of digital assets.

Token earned during alpha testing phrase will be able to redeem on SNAP's Token Generation Event “TGE”, (ETA Q3 2023).

Stable Token earned will be able for - In-app purchase - Converting into $SNAP or $PIX - Direct Withdrawal Extra reward or super competitive conversation rate maybe offered for redeeming above items. Details will be announced on SnapX's Social Media.

SnapX Labs reserves the right of final decision on the eligibility of any users for the relevant offer(s).

8.2 BETA 1. Beta 1 is the second testing phrase of SnapX. The application SnapX will involve on-chain assets, NFT Camera. Genesis NFT Cameras will be offered to early supporters. Users will only be able to earn SnapX's native token with an NFT camera equipped.

8.3 BETA 2 ($PIX & $SNAPX) Beta 2 is the third testing phrase of SnapX. The application SnapX will involve with on-chain token, $PIX and $SNAPX. Token Generation Event will be happening in Beta 2. This stage will be mainly experimenting the demand and supply of the creator economy ecosystem for parameters and matrix fine tune and setup for a truly decentralised version locked on smart contracts.

8.4 BETA 3 (DECENTRALISED DATA BASED - IPFS)

Beta 3 is the final testing phrase of SnapX. The application SnapX will involve with decentralised storage. Data, parameters will be stored on chain. It is the stage prepare for automation.

8.5 DAO

This is the end goal for SnapX. As a decentralised social version of Bitcoin, the parameters and rules are well set for a truly decentralised creator economy.

(RULES SET ON SMART CONTRACT - DECENTRALISED RULES FOR DEMAND AND SUPPLY (BURNING & MINTING OF THE TOKENS)

9. Disclaimer of representations and warranties

TO THE FULL EXTENT PERMITTED BY LAW, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE APP’S OR SERVICES’ ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

10. User representations and warranties

In becoming a user of the App and the Services, you represent and warrant that all of the following statements are true:

1. You know your food allergy and food intolerance and would avoid food that would cause symptoms such as itchy skin, wheezing or swelling of the lips, face and eyes.

2. You understand the merchants owns the final decisions on discount and may update the food menu at any time.

3. All registration information you submit will be true, accurate, current, and complete.

4. You will maintain the accuracy of such information and promptly update such registration information as necessary.

5. You have the legal capacity and you agree to comply with these Terms of Use

6. You are not a minor in the jurisdiction in which you reside

7. You will not access the Site, the App and the Smart Contracts through automated and non-human means, whether through a bot, script or otherwise.

8. You will not use the Site, the App, and the Smart Contracts for any illegal and unauthorized purpose

9. Your use of the Site, the App, and the Smart Contracts will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site, the App, and the Smart Contracts (or any portion thereof).

10. You (a human being) will only use one in-game account to earn tokens in any 24-hour period.

11. You, as an SnapX Camera owner, are responsible for the actions of any "scholars" (players using any Camera you own) that play on your behalf, and that their actions can have consequences for any connected accounts that you own.

12. You will not manipulate the energy system, such as gifting SnapX Items to make use of more energy (This goes under multi-accounting).

13. You have not been included in any trade embargoes or economic sanctions list (such as united nations security council sanctions list), the list of specially designated nationals maintained by OFAC (the office of foreign assets control of the u.s. department of the treasury), or the denied persons or entity list of the u.s. department of commerce.

14. The SnapX or third-party providers we work with, may store the IP address you use to access the site.

15. You can only qualify for one leaderboard reward each season

    SnapX reserves the right to choose which markets and jurisdictions to conduct its business and may restrict or refuse, at its sole discretion, the provision of SnapX services in certain countries or regions.

11. Prohibitions

You must not misuse this App or the Services. This means that you must not (among other things):

1. commit or encourage a criminal offence;

2. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

3. hack into any aspect of the App or the Services, corrupt data, or cause annoyance to other users;

4. infringe upon the rights of any other person's proprietary rights;

5. send any unsolicited advertising or promotional material, commonly referred to as “spam”;

6. attempt to affect the performance or functionality of any computer facilities of or accessed through this App or the Services;

7. use an emulator or similar third party software to cheat in accumulating benefits or gain an advantage;

8. make false, inaccurate, misleading or deceptive representations;

9. engage in fraudulent conduct or abuse, misuse or attempt to abuse or misuse the App or the Services;

10. submit any content that contravenes any laws;

11. infringe on the rights of any person who has a copyright, patent, trademark or any other form of intellectual property right, confidentiality or privacy;

12. contravene any applicable state, federal or international law or regulation;

13. engage in defamatory or libellous conduct towards any other person;

14. threaten or harass any other person;

15. publish or engage in obscene material that in the Company’s sole discretion, is in any way inappropriate or unsuitable for the platform;

16. publish or participate in publishing any malicious code, script or data that may causes harm, damage or interfere or modify the App or the Services without the express prior written consent from the Company; or

17. engage in conduct deemed contrary to the spirit of the App or the Services as determined by the Company in its sole discretion.

You agree that, except as these Terms of Use expressly provide otherwise, we do not need to notify you in advance or give you any reasons for any action we may take in connection with your misuse of the App or the Services, including suspending or cancelling your access to the App and the Services.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this App or to your downloading of any material posted on it, or on any Linked Sites.

We are not liable for any loss of tokens or assets incurred as a result of the suspension or cancellation of your access to the App and the Services.

12. Intellectual property, software and content

The intellectual property rights in all software and content (including images) made available to you on or through the App or the Services remain the property of the Company or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by the Company and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the App or through the Services nor may you use any such content in connection with any business or commercial enterprise. You must not use the Company’s trade marks (including names and logos) in any circumstances (including by linking on websites or social media) without the Company’s prior written consent.

You grant to the Company a non-exclusive, irrevocable, global licence (including the right to sublicense to third parties) to exercise the intellectual property rights in any content you submit through the App or the Services for any purpose.

13. Anti-Cheating

In the end of each session after users long press the stop button, the Machine Learning Anti-Cheating System (System) will evaluate if users have exploited the SnapX snap2earn mechanics. The System will add or deduct users’ Turing Score in the end of each session, user cannot start a new session before the System completes the analysis.

A user starts with a 100/100 Turing Score (TS). When a user’s Turing Score is below 100, the user cannot interact with the NFT marketplace, or transfer between spending and wallet accounts. If a user is snapping F&B food and beverages without cheating, the Turing Score will gradually return to 100/100.

The following table outlines how the System works and you accept the Turing Score and token consequences that apply in these circumstances. The following table does not limit our rights to otherwise take action in connection with your misuse of the App or the Services.

Examples*	System Result	Consequence**
Reverse engineering	Cheating	No earning, reduce TS
GPS spoofing/hacking	Cheating	No earning, reduce TS
Camera simulation/hacking	Cheating	No earning, reduce TS
Snap with multiple mobiles with SnapX activated at the same time	Cheating	No earning, reduce TS
Snap photos unrelated to food and beverage	Cheating	No earning, reduce TS
Uploaded unrelated / false photos or information	Cheating	No earning, reduce TS
Create / Input fake or wrong restaurant profile	Cheating	No earning, reduce TS
Snap with a group of friends all with SnapX activated	No Cheating	Earning, increase TS
Carry two mobiles but only one with SnapX activated	No Cheating	Earning, increase TS

* If the reset token earning is PIX, a portion of the PIX will go to the Schadenfreude Pool. If the reset token earning is SNAPX, it will be refunded back to the total SNAPX release of the day.

14. Disclaimer of liability

1. Subject to clause 13.4, any non-excludable consumer guarantees and other consumer protection provisions set out in the British Virgin Islands Consumer Law or equivalent consumer protection law, the material displayed on the App or through the Services is provided without any guarantees, conditions or warranties as to its accuracy.

2. Subject to clause 13.4, to the fullest extent permitted by law the Company hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and is not liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, non-value or diminution in the value of tokens, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the App, the Services or the Linked Sites and any materials posted on those apps or sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

3. This does not affect the Company's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

4. If the British Virgin Islands Consumer Law or any other legislation provides that there is a guarantee in respect of goods or services supplied, and the Company’s liability for failure to comply with that guarantee may not be excluded but may be limited, clauses 13.1 and 13.2 do not apply to that liability and instead the Company’s liability for such failure is limited to:

   1. in the case of a supply of goods, the Company replacing the goods or supplying equivalent goods or repairing the goods; or

   2. in the case of a supply of services, the Company supplying the services again or paying the cost of having the services supplied again.

15. Linking to the SnapX website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The SnapX website must not be framed on any other site, nor may you create a link to any part of the website other than the home page. We reserve the right to withdraw linking permission without notice. You must not create hyperlinks using any of the Company’s logos.

16. Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured in the App are in no way associated, linked or affiliated with the Company and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on the App are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Company.

17. Indemnity

To the maximum extent permitted by law, you are liable for and must indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all liability, loss, damages, costs or third party claims (including, but not limited to, legal fees on an indemnity basis), however caused, in connection with:

1. your use of the App or the Services;

2. any user content submitted by you or on your behalf;

3. any breach of these Terms of Use by you;

4. any alleged or actual infringement of a third party’s intellectual property rights or other right in connection with your use of the App or the Services; or

5. any unlawful or negligent act of you or anyone acting on your behalf.

Each indemnity contained in these Terms of Use is a continuing obligation notwithstanding any settlement of account or the occurrence of any other thing, and it is not necessary for the Company to incur expense or make payment before enforcing or making a claim under an indemnity.

18. Variation

The Company retains the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any part of the App.

19. Invalidity

If any part of the Terms of Use are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

20. Force majeure

The Company will not be in breach of these Terms of Use as a result of, or liable for, any failure or delay in the performance of the Company’s obligations under these Terms of Use to the extent that such failure or delay is wholly or partially caused, directly or indirectly, by any event outside the Company’s reasonable control or any act or omission of you or any third party.

21. Assignment

You must not assign, in whole or in part, or novate your rights and obligations under these Terms of Use without the prior written consent of the Company. The Company may assign its interest under these Terms of Use.

22. Waiver

A right under these Terms of Use may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in the waiver.

23. Exclusion of third party rights

Except under clause 15, no person other than the parties to these Terms of Use has any rights under them, nor are they enforceable by any person other than the parties to them.

24. Governing law and jurisdiction

These Terms of Use are governed by the law of British Virgin Islands and you agree to submit to the exclusive jurisdiction of the courts of British Virgin Islands.

25. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

26. All Rights Reserved

SnapX Labs reserves the right to change the Terms and Conditions, suspend or terminate the offers at any time without prior notice.