Terms of Service

Pond's Terms of Service

These websites “pond.international” and “pond.eco” (each individually, a “Site”) are operated by Pond Global Ltd (“Company”, “we”, “us” and “our”). We offer the Sites, including all information, tools and services available from this Site (collectively, the “Services”) to you to allow you to interact with the Pond - a composable social graph, an AI model processing blockchain-on-chain data and its extended services conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The platform requires to authorize use of some of your social and financial accounts such as X (formerly known as Twitter) and wallet accounts (MetaMask, Wallet Connect and so on) before using the platform and the profile users created on the platform is known as “Profile”.

We know that terms of use can be long (really long!), full of legal jargon and confusing.

To ensure you know what’s intended by this Agreement, here’s a quick TL;DR. We also have

set out the “takeaways” from each relevant provision to make it easier for you to understand.

  • These Terms of Services include important information related to permissionless blockchains that you should know about. You should read these terms carefully.

  • You can use this Site to look for users with their on-chain decentralised identity and offchain identity names such as .eth, CyberConnect, .lens and Twitter handles.

  • Pond’s model extended services can be used through this Site only. If anyone offers you any other platform – don’t believe them; it’s a scam.

  • Pond’s service may ask for you to connect your wallet and authorize/authenticate your X (previously known as Twitter) accounts so you can use the services provided by our model and user search engine, so make sure the wallet and the X account you use for your Profile is super secure. Don’t give your seed phrase to anyone and don’t believe in anyone who asks for your seed phrase on behalf of Pond. Really – we mean it.

  • When you use the Pond’s model, its trading, project discovery functions and so on, you are interacting with smart contracts and other experimental technology. Some technologies are built on public blockchain networks that we do not and cannot control. Pond’s model reflects the blockchain on-chain behaviors and data. Things might not go as expected. You accept that risk.

  • Through your wallet and X account (previously Twitter), you are engaging with a totally public, transparent blockchain. Transparency does not mean anonymity.

  • We might change this Site and our Services from time to time. When we do, we will update these Terms.

  • If you have a problem or complaint, you and we agree to first have some good faith discussions to try to resolve it. You and we agree that if we can’t find an answer through negotiations, we will engage in a private arbitration process and not a public lawsuit.

By visiting the Site and/or using the Services, you agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink (collectively, the “Agreement”). The Agreement applies to all users of the Site and the Services, including without limitation users who are browsers, builders, and/or contributors of content.

Please read these Terms carefully before accessing or using the Site. If you do not agree to all the terms of the Agreement, then you should not access the Site or use the Services; however, by accessing the Site or using the Services, you consent to the Agreement.

Any new features or tools which are added to Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND WE AGREE THAT ANY DISPUTES RELATING TO THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

GENERAL CONDITIONS

You may use this Site if you’re legally eligible to enter into this Agreement. You may not use the Services for anything illegal. The Site and our Services evolve constantly and may change from time to time, at our discretion

To use the Services, you must legally be able to enter into the Agreement. By using the Services, you represent and warrant that you meet the eligibility requirement. If you do not meet the requirement, you must not access or use the Site or the Services.

You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

We reserve the right to refuse the Services to anyone for any reason at any time.

The Site and Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally.

SERVICES

The Site allows you understand blockchain on-chain behaviors processed and compressed by Pond’s AI Model.

You can use Pond's AI model that compresses on-chain data to extract the most concise and easily understandable insights to discover trendy projects and potential trading opportunities. We reserve the right to limit how much model processed data to the market entirely at our sole discretion.

The Site is provided to you to allow you to interact with the Pond’s AI model and a way to invest in digital assets and tokens on blockchains. Pond’s AI model solely processes data. The model results of Pond do not constitute investment advice. The investment decisions are made and risks are taken by users.

We reserve the right - but are not obligated to - limit the provision of Profiles or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis in our sole discretion. We reserve the right to limit the type, amount, and quantities of any results that are provided via this Site. We reserve the right to discontinue using Pond’s Model and Services at any time.

The Site allows you to trade

You can buy and sell platform supported tokens on our platform

The Site is provided to you to allow you to interact with the Pond’s AI model and a way to invest in digital assets and tokens on blockchains. The trading feature on Pond’s platform is provided by third parties.

The Site allows you to manage certain aspects of your Profile.

You can create a Profile only once, but you can change certain aspects of your Profile on our Site. Please note that the Profile will be discoverable in public.

The user Profile is created only once from their X accounts and wallets. Some areas of the Profile cannot be changed after the Profile is created. However, this Site provides one interface to set and change the follow-module of your Profile, the profile picture, display name and bio.

You are ultimately in control of your Profile.

You, and only you, are in control of your Profile. Use this power carefully.

We do not have possession, custody or control over any Items on your wallet (including, but not limited to Profiles); and we do not have possession, custody, ability to delete or control over any Items on any user’s wallet or interactions with Pond. You understand that when you interact with Pond, you retain control over your Profile at all times.

You are responsible for securing the wallet that contains your Profile.

Keep your wallet safe. You are responsible for it.

You are responsible for safeguarding your Profile and wallet. We cannot and will not be liable for any loss or damage arising from your failure to secure your wallet.

The private key associated with the wallet address from which you use to claim Profile or the private key associated is the only private key that can control the wallet you use to interact with the smart contracts. You alone are responsible for securing your private keys. We do not have access to your private keys.

Entries on the blockchain are not anonymous.

You are interacting with an inherently transparent blockchain. Transparency does not mean anonymity, but your public key and wallet address will be visible to everyone. If you’re not comfortable with this, you should not engage with our Site to create and manage a Profile on the Site and Pond’s Services.

Pond in the future will record Profile information in blockchains or other third-party storage services such as IPFS rather than recording in a centralized server. A widespread belief is that entries and transactions involving blockchains are anonymous. In fact, a central feature of blockchains and thus, blockchain-based transactions and entries, is that they are transparent. Your public key and your wallet address, which you need to interact with Items on the blockchain, are visible to anyone. To the extent your public key or wallet address can be linked back to you, it would be possible for someone to determine your identity and the Items in your wallet.

You assume the risks of engaging in transactions that rely on smart contracts and other experimental technology.

You accept that engaging with some features provided by Pond relies on smart contracts and other experimental technology and uses networks we can’t control. Things might not go as expected. You accept that risk.

On-chain transactions on Pond rely on smart contracts stored on a blockchain, cryptographic tokens generated by the smart contracts, and other nascent software, applications and systems that interact with blockchain-based networks. These technologies are experimental, speculative, inherently risky, and subject to change. Among other risks, bugs, malfunctions, cyberattacks, or changes to the applicable blockchain (e.g., forks) could disrupt these technologies and even result in a total loss of tokens, cryptoassets, their market value, or digital funds. You are solely responsible for the safekeeping of the private key associated with the blockchain address used to interact with Pond. We assume no liability or responsibility for any such risks. If you are not comfortable assuming these risks, you should not access or engage in transactions using blockchain-based technology.

One of the other defining features of blockchain technology is that its entries are immutable, which means, as a technical matter, they generally cannot be deleted or modified by anyone. This includes smart contracts and tokens generated and programmed by smart contracts.

THUS, TRANSACTIONS RECORDED ON THE BLOCKCHAIN, INCLUDING TRANSFERS OF TOKENS AND DATA PROGRAMMED INTO THESE TOKENS, MUST BE TREATED AS PERMANENT AND CANNOT BE UNDONE BY US OR BY ANYONE. YOU MUST BE VERY CAREFUL WHEN YOU FINALIZE ANY ENTRY OR TRANSACTION THAT WILL BE RECORDED ON THE BLOCKCHAIN.

You acknowledge the risks of using the Services.

You bear sole responsibility for evaluating the Services before using them

You bear sole responsibility for evaluating the Services before using them, and all transactions and blockchain entries accessed through the Services are irreversible, final, and without refunds. The Services may be disabled, disrupted or adversely impacted as a result of sophisticated cyber-attacks, surges in activity, computer viruses, and/or other operational or technical challenges, among other things. We disclaim any ongoing obligation to notify you of all of the potential risks of using and accessing our Services. You agree to (defined below) accept these risks and agree that you will not seek to hold any Pond Global Ltd Indemnified Party responsible for any consequent losses.

Pond is deployed on blockchain-based networks and third-party cloud and database, and we are not responsible for the operation of such networks.

Pond is deployed on the blockchain-based networks and third-party cloud, server and database, which we don’t control

The software underlying blockchain networks on which the Pond is deployed, including the Ethereum and other L1/L2s, are open source, which means that anyone can use, utilize, and build on top of it. By using the Services, you acknowledge and agree that (i) we are not responsible for the operation of the blockchain-based software and networks underlying the Pond, (ii) there exists no guarantee of the functionality, security, or availability of that software and networks, and (iii) the underlying blockchain-based networks are subject to sudden changes in operating rules, such as those commonly referred to as “forks”. Pond also uses some centralized database, cloud service and servers provided by third parties such as Amazon AWS, neo4j and memgraph.

Some services are provided to free of charge, however, there may be associated blockchain fees, commission and other service charge.

Blockchains come with gas fees. We cannot cover gas fee for users and some services will charge based on usage, subscription and will cost commissions.

All transactions using blockchains require the payment of gas fees, which are essentially transaction fees (also called “gas fees”) paid on every transaction that occurs on the selected blockchain network. We are not cover the gas fees for users. In some services we provide, the platform will charge based on usage, subscription and commissions.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATIO

We are not responsible for any mistakes or inaccuracies on this Site.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more

accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This Site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our Site.

Any information provided by Pond is based on blockchain data and does not form any kind of advice or suggestion. Any activities on this site is at your own risk.

MODIFICATIONS TO THE SERVICES

We may change or modify the Services at any time.

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or any third-party for any modification, information change, suspension or discontinuance of the Services.

THIRD-PARTY SERVICES, LINKS, MATERIALS & WEBSITES

We are not responsible for the content or services of any third-party, including, without limitation, any network, or apps like Telegram, or MetaMask, and we make no representations regarding the content or accuracy of any third-party services or materials. Those are governed by the terms of use of the third-party providers.

The Site may include materials from third-parties. Third-party links on this Site may direct you to third-party websites, applications, or resources that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the order or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

PERSONAL INFORMATION

You should read our privacy policy. At least the TD;DRs.

Your submission of personal information through the Site is governed by our Privacy Policy. Our Privacy Policy is available here.

PROHIBITED USES

You are not allowed to use the Services for anything illegal, infringing the intellectual property rights of other people, harassment or otherwise abusive behaviour, spreading false information or viruses, spamming, or interfering with the security features of the Services.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or the Services:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

(l) As a source of truth spreads misinformation to other users and projects.

Assumption of Risk

You assume the risks of using the Services (including the risks related to smart contracts). You are responsible for your wallet. We may restrict your access to the Services for any reason, including, but not limited, compliance with sanctions regulations. We don’t guarantee the quality of the Services.

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

You acknowledge and agree that all transactions accessed through the Services will be automatically processed using one or more blockchain-based smart contracts. By engaging in transactions using the Services, you acknowledge and consent to the automatic processing of all transactions in connection with using the Services.

You are solely responsible for the security of your wallet.

You understand and agree that you are solely responsible for maintaining the security of your wallet. Any unauthorized access to your wallet by third parties could result in the loss or theft of any cryptoasset, or any funds held in your account and any associated accounts. You understand and agree that we have no involvement in, and you will not hold us responsible for managing and maintaining the security of your wallet. You further understand and agree that we are not responsible, and you will not hold us accountable, for any unauthorized access to your wallet. It is your responsibility to monitor your wallet.

We reserve the right to restrict your access from engaging with the Services.

You agree that we have the right to restrict your access to the Services via any technically available methods if we suspect, in our sole discretion, that (a) you are using the Services for money laundering or any illegal activity; (b) you have engaged in fraudulent activity; (c) you have acquired cryptoassets using inappropriate methods, including the use of stolen funds to purchase such assets; (d) you are the target of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the United Nations Security Council, the European Union, Her Majesty’s Treasury, or any other legal or regulatory authority in any applicable jurisdiction; (e) either you, as an individual or an entity, or your wallet address is listed on the Specially Designated Nationals and Blocked Persons List (“SDN List”), Consolidated Sanctions List (“Non-SDN Lists), or any other sanctions lists administered by OFAC; (f) you are located, organized, or resident in a country or territory that is, or whose government is, the subject of sanctions, including but not limited to Côte d’Ivoire, Cuba, Belarus, Iran, Iraq, Liberia, North Korea, Sudan, and Syria; or (g) you have otherwise acted in violation of these Terms. If we have a reasonable suspicion that you are utilizing the Site for illegal purposes, we reserve the right to take whatever action we deem appropriate.

We do not guarantee the quality or accessibility of the Services.

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

You acknowledge and agree that you will access and use the Services, including, without limitation, the Site at your own risk. You should not engage in blockchain-based transactions unless it is suitable given your circumstances and financial resources. By using the Services, you represent that you have been, are and will be solely responsible for conducting your own due diligence into the risks of a transaction and the underlying smart contracts and cryptoassets.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The Services are provided to you completely as they are, and could function differently than you expected. You agree to accept the Services as is. You expressly agree that your use of, or inability to use, the Services is at your sole risk. Our liability shall be limited entirely or to the maximum extent permitted by law.

We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

You agree that from time to time we may remove the Services for indefinite periods of time or cancel them at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of fitness for a particular purpose, durability, title, and non-infringement.

In no case shall the Company, or its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services obtained using the service, or for any other claim related in any way to your use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify us.

You agree to indemnify, defend and hold harmless Company and Company parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the anything they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

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

TERMINATION; CANCELLATION

This Agreement is effective unless and until terminated by either you or us. You may terminate the Agreement with us at any time by not accessing the Site or the Services. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement (including without limitation any provision of these Terms of Services), we reserve the right to terminate our Agreement with you and deny you access to the Services. We further reserve the right to restrict your access to the Site in any way or to stop providing you with all or a part of the Services at any time and for no reason, including, without limitation, if we reasonably believe: (a) your use of the Services exposes us to risk or liability; (b) you are using the Services for unlawful purposes; or (c) it is not commercially viable to continue providing you with our Services. All of these are in addition to any other rights and remedies that may be available to us, whether in equity or at law, all of which we expressly reserve.

ENTIRE AGREEMENT

The Agreement constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements,

communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against us.

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

GOVERNING LAW

The law of the British Virgin Islands governs our Services.

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the British Virgin Islands.

ARBITRATION AGREEMENT AND WAIVER OF RIGHTS, INCLUDING CLASS ACTIONS

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

Before commencing any legal proceeding against us, we agree to first engage in good faith negotiations to resolve the dispute. You and we agree that the dispute that cannot be resolved through the negotiation, it will be resolved through the binding arbitration process as described below.

Unless you timely provide us with an arbitration opt-out notice (to our email as defined in section 20 below), you acknowledge and agree that you and we are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Agreement to Attempt to Resolve Disputes Through Good Faith Negotiations

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

Agreement to Arbitrate

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

UNLESS YOU TIMELY PROVIDE US WITH AN ARBITRATION OPT-OUT NOTICE (TO OUR EMAIL AS DEFINED IN SECTION 20 BELOW), YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND WE OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.

Changes

By rejecting any changes to these Terms, you agree that you will arbitrate any Dispute between you and us in accordance with the provisions of this section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

CONTACT INFORMATION

Questions about the Terms should be sent to us at support@pond.international.

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