Terms of Service

2.1

Evolve aims to develop and deploy an Interface Platform for access to decentralised protocols on various public blockchains, including but not limited to Ethereum, Jovay and Solana, that allows Users to trade certain compatible Digital Assets.

2.2

Evolve's goal is to continue to develop the software Interface and expand geographically for team collaboration in real life.

2.3

You may need to complete several steps to access the decentralised protocols, including but not limited to:

• agreeing to these Terms;
• creating a Third-party Wallet, if none;
• providing your Third-party Wallet information and identification only within the list of qualified jurisdictions;
• completing specified KYC procedures, which include providing any additional information requested and other KYC data as in clause 8.4, where appropriate

To access the Interface, you shall use a non-custodial Third-party Wallet software that allows you to interact with public blockchains. Their applicable terms of service also govern your relationship with that non-custodial Third-party Wallet provider. We do not have custody or control over the contents of your wallet and cannot retrieve or transfer them. By connecting your wallet to our Interface, you agree to be bound by this Agreement and all of the terms incorporated herein by reference.

2.4

Evolve is developed and initially runs on Evolve Blockchain as its core network, and is deployed on several other blockchain networks, including Ethereum, Jovay and Solana, by parties other than Evolve. Deployments on other networks typically use internal cross-chain bridges to transfer assets native to one blockchain to another. Please note that Digital Assets that have been "bridged" or "wrapped" to operate on other blockchain networks (including Jovay, our L2 solutions) are distinct from the original Ethereum mainnet asset.

2.5

Evolve does not encompass and is not (a) a cryptocurrency exchange; (b) a cryptocurrency broker; (c) a liquidity provider for any blockchain protocol liquidity pools; or (d) a custodian of credentials necessary to access Digital Assets.

2.6

Users understand and accept that the Interface may still require substantial development work. Due to unforeseeable material, conceptual, technical and commercial changes at any time, User understands and accepts that an upgrade of the Interface Platform by Evolve may be required from time to time and that, if User decides not to participate in such upgrade, User may no longer use the Interface.

2.7

Failure to follow the instructions on the Website may limit, delay, or prevent a User from accessing the Interface.

2.8

Evolve reserves the right to an emergency stop functionality to stop access to the Interface. Use of this functionality shall remain at the discretion of Evolve and shall only be used in limited situations, such as, but not limited to:

• serious security issue detected;
• serious network performance issue, depriving all users of equal treatment; and
• any material attack on the Interface, the Interface Platform, Website, Jovay, Ethereum or other networks.

2.9

In the event of any conflict, inconsistency, or discrepancy between the behaviour or state of any smart contract, protocol, or on-chain mechanism and these Terms, these Terms shall prevail and govern. Any smart contract or on-chain code referenced or used in connection with Evolve is provided solely as an execution and recording mechanism. It does not, by itself, create, modify, or supersede the legal rights, obligations, priorities, or remedies set out in these Terms. Suppose code executes in a manner inconsistent with these Terms (including due to bugs, exploits, Forks, or oracle errors). In that case, the parties' legal rights and obligations shall be determined exclusively by these Terms. Evolve may take reasonable corrective actions (including pause, reversal, or adjustment where legally permissible and technically feasible) to align on-chain records with these Terms.

2.10

We may make certain products, including access to our data, accessible or usable through interfaces, products or services provided by certain third-party partners, such as exchanges and trading platforms. You agree that your use of the products through an interface, product or service provided by one of our third-party partners is nonetheless still subject to these Terms.

3.1

If you are registering to use the Interface Platform on behalf of a legal entity, you represent and warrant that:

• such legal entity is duly organised and validly existing under the applicable laws of the jurisdiction of its organisation; and
• you are duly authorised by such legal entity to act on its behalf.

3.2

You further represent and warrant that:

• you are of legal age to form a binding contract (at least 18 years old in most of the jurisdictions);
• you have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party;
• you are not located in, under the control of, or a national or resident of any Restricted Areas;
• you have not been placed on any of the sanctions lists, published and maintained by European Union, any EU country, the UK Treasury, the United Nations, US Office of Foreign Assets Control (OFAC) or other similar regions;
• you will not use the Interface if any applicable laws in the jurisdiction of your habitual residence or incorporation prohibit you from doing so in accordance with these Terms;
• you have a deep understanding of the functionality, usage, and storage of cryptographic tokens, Smart Contracts, and blockchain-based software;
• you have carefully reviewed the content of this document and have understood and agreed with these Terms;
• you have read and understood these Terms completely;
• you must not, directly or indirectly, in connection with your use of the Interface engage in any prohibited activities as outlined in these Terms.

3.3

Prior to using the Interface, you may be prompted to provide information relating to your Third-party Wallet. If you do not have a Third-party Wallet, you will need to purchase a cold storage Third-party Wallet or set up an account with a Third-party Wallet provider of your choice. Your use of the Third-party Wallet will be subject to the terms of use agreement between you and such Third-party Wallet provider.

3.4

In the event you do not have a Third-party Wallet or set up a Third-party Wallet or account with a cryptocurrency provider, you will not be able to satisfy the KYC requirements.

4.1

You understand that Digital Assets, Evolve, blockchain technology, Avalanche, Evolve Blockchain, Ethereum, Ether, ETH, Jovay and other associated and related technologies are new and untested and outside of Evolve's exclusive control and adverse changes in market forces or the technology, broadly construed, will excuse Evolve's performance under these Terms.

4.2

In addition to the above, you also acknowledge that you have been warned of the following risks associated with the Website, the Digital Assets, the DApp, the Interface Platform and other relevant technologies mentioned herein.

4.3

The Interface Platform are provided on an "as is" and "as available" basis. You acknowledge and agree that your access and use of the Interface are at your own risk. There is no representation or warranty that access to the Interface will be continuous, uninterrupted, timely, or secure; that the information contained in the Interface will be accurate, reliable, complete, or current; or that the Interface will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement made in connection with the Interface should be treated as creating any warranty concerning the Interface. There is no endorsement, guarantee, or assumption of responsibility for any advertisements, offers, or statements made by third parties concerning the Interface. We and our affiliates and licensors make no representations or warranties of any kind, whether express, implied, statutory or otherwise, including any warranty that the Interface will be uninterrupted, free of harmful components, secure or not otherwise lost or damaged. Except to the extent prohibited by law, we and our affiliates and licensors disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.

6.1

Evolve, its affiliates and respective officers, consultants, employees or agents or any third party that provided services or products on the Interface or Website will not be liable to you or anyone else regarding the Website and the Interface Platform for any damages of any kind, including, but not limited to, direct, consequential, incidental, special or indirect damages (including but not limited to lost profits, trading losses or damages that result from use or loss of use of this Website and Interface Platform), even if Evolve has been advised of the possibility of such damages or losses, including, without limitation, from the use or attempted use of the Website or the Interface Platform.

6.2

Further, neither we nor any of our affiliates, licensors or any third party that provided services or products on the Interface or Website will be responsible for any compensation, reimbursement, or damages arising in connection with:

• (a) your inability to use the Website, the Interface Platform, including without limitation as a result of any termination or suspension of the Ethereum or other suitable networks or this Agreement, including as a result of power outages, maintenance, defects, system failures or other interruptions;
• (b) the cost of procurement of substitute goods or services;
• (c) any expenditures or commitments by you in connection with this agreement or your use of or access to the Website, the Interface Platform; or
• (d) any unauthorised access to, alteration of, or the deletion, destruction, damage, loss or failure to store any data, including records, private key or other credentials, associated with the Website and the Interface Platform.

You waive your right to demand the return of any Digital Assets you lose from interacting with the Interface, including, without limitation, a demand for specific performance.

6.3

Blockchain transactions require the payment of transaction fees to the appropriate network. Except otherwise expressly set forth in the terms, you will be solely responsible for paying the gas fees for any transaction that you initiate via any of our services or products.

6.4

You will defend, indemnify, and hold harmless us, our affiliates and licensors, each of their respective employees, officers, directors, and representatives and any third parties that provided services or products on the Interface or Website from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or relating to any third-party claim concerning this Agreement or your use of the Website, the Interface Platform contrary to these Terms. If we or our affiliates are obligated to respond to a third-party subpoena or other compulsory legal order or process described above. In that case, you will also indemnify us for legal fees incurred on an indemnity basis, as well as for our employees' and contractors' time and materials spent responding to a third-party subpoena or other compulsory legal order or process at reasonable hourly rates.

6.5

The information, software, products, and services included in or available through the Website and the Interface Platform may contain inaccuracies or typographical errors. Changes are periodically added to the information herein. Evolve and/or its contractors or suppliers may make improvements and/or changes to the Website and the Platform at any time. Evolve makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the Website, the Interface Platform, software, products, services and related graphics contained on the Website for any purpose. To the maximum extent permitted by applicable law, the Website, the Interface Platform and all such information, software, products, services, and related graphics are provided "as is" without warranty or condition of any kind. Evolve hereby disclaims all warranties and conditions with regard to the Website, the Interface Platform, information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

6.6

You warrant to Evolve that you will not use the Website, the Interface Platform for any purpose that is unlawful or prohibited by these Terms. You may not use the Interface Platform in any manner that could damage, disable, overburden, or impair the Interface Platform or the Website.

7.1

You will implement reasonable and appropriate measures designed to secure access to:

• (i) any device associated with the email address associated with your account with the Interface Platform;
• (ii) private keys required to access any relevant Ethereum, Jovay, Solana or other similar blockchain network addresses; and
• (iii) your username, password and any other login or identifying credentials of the Interface Platform.

7.2

In case you suspect a security breach in any of the above-mentioned, you will inform us immediately so we can take all required and possible measures to secure your account, the Website, the Interface Platform and systems as a whole.

7.3

In the event that you are no longer in possession of any device associated with your account or are not able to provide your login or identifying credentials to the Interface Platform, we may, in our sole discretion, and only if we are able, grant access to your account to any party providing additional credentials to us. We explicitly reserve the right to determine the additional credentials required, which may include, without limitation, a sworn, notarised statement of identity.

8.1

Evolve and its third-party identification service providers reserve their rights to request information or documentation for providing the Interface Platform services and any services available through the Website. Evolve may refuse you access to the Interface Platform and the Website if it has doubts about the validity, authenticity, or genuineness of the documents you provided.

8.2

Evolve collects information from running the Website and uses information provided to us by you. When you visit the Website, or use our products, we collect information sent to us by your computer, mobile phone, or other access device. This information may include your IP address, device information, including, but not limited to, identifier, name, and type, operating system, mobile network information and standard web log information, such as your browser type, and the pages you accessed on our Website. When you use a location-enabled device with our Website and products, we may collect geographical location data or use various means to determine your location, such as sensor data from your device, which may, for instance, provide data on nearby cell towers and Wi-Fi access points. However, we will not release your personally identifying information to any third party without your consent, except as set forth herein.

8.3

In addition, you may be requested to provide to third-party service providers, upon notice of request, information that, in their sole discretion, they deem to be required to maintain compliance with any law, regulation or policy. Such documents include, but are not limited to, passports, driver's licenses, utility bills, photographs of you, government identification cards, or sworn statements.

8.4

Before permitting you to use our Website, you may require to provide additional information (such as real name, date of birth, passport number, numbers that you may use or have registered with your local tax authority, or other data which can be used for personal identification purposes and that may be required to comply with applicable laws) so that we can verify your identity or address. ("KYC Data") We may also obtain information about you from third parties, such as identity verification services.

8.5

By creating an Account, you represent and warrant that all KYC Data for the Account that you submit is truthful and accurate. You agree not to use the Account of another User. You are solely responsible for any use of your Account. You agree that sharing the Interface with another person or providing another person access to the Interface through your Account breaches these Terms and may constitute fraud or theft, for which we reserve all rights and remedies. You agree not to authorise any other individual or entity other than your authorised agents, if any, to use the Website or Interface via your Account.

8.6

You are not obligated under law to provide us with any personally identifying information. However, if you do not provide the KYC Data or any other personally identifying information requested, you will not be able to use certain features of the Websites or the Interface. Evolve will use your personally identifying information as set forth in the Evolve Privacy Notice. You represent and warrant that you have reviewed the Privacy Notice and agree to its Terms.

8.7

When you access the Website or use our Interface, we (or Google Analytics or a similar service provider on our behalf) may place small data files called cookies on your computer or other device. We use these technologies to recognise you as our user; customise our Website and advertising; measure promotional effectiveness and collect information about your computer or other access device to mitigate risk, help prevent fraud and promote trust and safety.

8.8

Throughout these Terms, we use the term "personal information" to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been anonymised so that it does not identify a specific user.

8.9

We store and process your personal information on our servers with Amazon Web Services (AWS). We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorised access, disclosure, and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centres, and information access authorisation controls. We also authorise access to personal information only for those employees who require it to fulfil their job responsibilities. All of our physical, electronic, and procedural safeguards are designed to comply with applicable laws and regulations. Data may also be stored from time to time in other locations.

8.10

We are sometimes required to compare the personal information you provide to third-party databases in order to verify its accuracy and confirm your identity. This allows us to comply with relevant regulations. We will not sell or rent your personal information to third parties. We may combine your information with information we collect from other companies and use it to improve and personalise the Website and our products, as well as our content and advertising. We may use your name and email address to provide you with information about products or services that may be of interest to you, but we will not use your personal information without complying with applicable laws and, where appropriate, obtaining your consent.

8.11

We reserve our right to share your personal information with:

• (a) our business partners;
• (b) companies that we plan to merge with or be acquired by (should such a combination occur, we will require that the newly combined entity follow these terms with respect to your personal information, and you would as well receive prior notice of any change in applicable policy);
• (c) 3rd party identification services providers for fraud prevention purposes;
• (d) law enforcement, government officials, or other third parties when: (i) we are compelled to do so by a subpoena, court order, or similar legal procedure; or (ii) we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our Terms; or
• (e) other third parties only with your prior consent or direction to do so. Evolve will not provide your personal information to any other Interface Platform Users without your consent or direction.

8.12

You may request access, review and edit your personal information or change or add your Third-party Wallet by emailing info@evolverwe.io.

8.13

The data that we collect from you will be transferred to, and stored at, in Thailand and may be transferred and/or stored in other places outside Thailand. It may also be processed by staff operating outside Thailand who work for us or for one of our service providers. Staff may be engaged in the fulfilment of our Services and/or the processing of your details and the provision of support services. By submitting your personal data, you agree to this transfer, storage, or processing. We will take all reasonable steps to ensure that your data is treated securely and in accordance with these Terms. Third parties may be located in other countries where the laws governing the processing of personal information may be less stringent than in your country. Our services may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates (including, but not limited to, websites on which the Interface services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal information that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.

9.1

All your factual and potential tax obligations are your concern. Evolve is not in any case and under no conditions bound to compensate for your tax obligation or give you any advice related to tax issues, including but not limited to, what kind of filing or reporting you need to do with the competent tax authority, which taxes and to what extent you are obliged to pay, or which tax exemptions you are eligible to.

9.2

All fees and charges payable by you are exclusive of any taxes, and should certain taxes be applicable, they shall be added on top of the payable amounts. Upon our request, you will provide us with any information we reasonably request to determine whether we are obligated to collect any form of taxes from you, including your tax identification number. If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.

10.1

We retain all Intellectual Property. You may not use any of our Intellectual Property for any reason, except with our express, prior, written consent.

10.2

These Terms shall not be understood and interpreted in a way that they would mean assignment of Intellectual Property rights, unless it is explicitly defined so in these Terms.

10.3

You are being granted a non-exclusive, non-transferable, revocable license to access and use the Website and the Interface strictly in accordance with these Terms. As a condition of your use of the Website and Interface, you warrant to Evolve that you will not use the Website or the Interface for any purpose that is unlawful or prohibited by these Terms. You may not use the Interface in any manner that could damage, disable, overburden, or impair the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website and the Interface. Limitations on the transferability of a licence shall not be interpreted as preventing users from transferring their own data to third parties.

10.4

All Intellectual Property is the property of Evolve and is protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

10.5

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Intellectual Property, in whole or in part, found on the Website or associated products and services. Intellectual Property is not for resale. Your use of the Intellectual Property does not entitle you to make any unauthorised use of any Intellectual Property, and in particular, you will not delete or alter any proprietary rights or attribution notices in any Intellectual Property. You will use Intellectual Property solely for your personal use, and will make no other use of Intellectual Property without the express written permission of Evolve and the copyright owner. You agree that you do not acquire any ownership rights in any Intellectual Property. We do not grant you any licenses, express or implied, to the Intellectual Property of Evolve except as expressly authorised by these Terms.

11.1

We may provide any notice to you under this Agreement by:

• (a) posting notices on the Website; or
• (b) sending an email to the email address associated with your account. Notices we provide by posting on the Website will be effective upon posting, and notices we provide by email will be effective upon sending. It is your responsibility to keep your email address up to date. You will be deemed to have received any email sent to the email address associated with your account when we send the email, whether or not you actually receive or read the email.

11.2

To give us notice under this Agreement, you must contact us by email at info@evolverwa.io. We may update this email address for notices to us by posting a notice on our Website. Notices to us will be effective one business day after they are sent.

11.3

All communications and notices to be made or given pursuant to this Agreement must be in the English language or Chinese.

13.1

You are granted a limited, non-exclusive right to create a text hyperlink to the Website or Interface for noncommercial purposes, provided such link does not portray Evolve or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any offensive material, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use Evolve logo or other proprietary graphics of Evolve to link to this Website without the express written permission of Evolve. Further, you may not use, frame or utilise framing techniques to enclose any Evolve trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without Evolve's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Evolve or any third party.

13.2

Evolve makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites, such as know-your-customer and identification service providers, websites accessible by hyperlink from the Websites, or websites linking to the Interface. Such sites are not under the control of Evolve and Evolve is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Evolve provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Evolve of any site or any information contained therein. When you leave the Websites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.

13.3

Evolve may provide third-party content on the Website and may provide links to Webpages and content of third-party providers (collectively, "Third-party Content"), which may include token lists and identification, as a service to those interested in this information. Evolve does not control, endorse or adopt any Third-party Content and makes no representation or warranties of any kind regarding the Third-party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Evolve is not responsible or liable in any manner for any Third-party Content and undertakes no responsibility to update or review any Third-party Content. Users use such Third-party Content contained therein at their own risk.

13.4

Evolve may provide or allow users to provide information about or links to third-party products or services on the Website, like verifying identification on SumSub. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Evolve is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such third-party advertisers or third-party information on the Website.

13.5

Some relevant blockchain systems and smart contracts are public software utilities that are accessible directly through any compatible third-party node or indirectly through any compatible Third-party Wallet application that interacts with such a node ("Middleware"). Interacting with the Middleware does not require using the Interface. Still, the Interface is a convenient, user-friendly option for reading and displaying data from the Middleware and for generating standard draft transaction messages compatible with the Middleware. The User may choose to interact with the Middleware using software other than the Interface. As the Interface does not provide wallet software applications or nodes for blockchain systems, such software constitutes an essential third-party software and user dependency without which the Middleware cannot be used, and Digital Assets cannot be traded or used. Furthermore, the Interface may use APIs and servers from the Interface or third parties, and there are no guarantees regarding the continued operation, maintenance, availability, or security of any of the foregoing dependencies.

13.6

The Interface does not receive service fees on behalf of the Middleware and has no ability to reverse or refund any amounts paid to the Middleware in error.

14.1

The Website and Interface may include interactive areas or services ("Interactive Areas"), online hosting or storage services, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the Website ("User Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to upload to, post, transmit, store, distribute, create or otherwise publish through the Website any of the following:

• (a) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange, Hong Kong Securities and Futures Commission or any rules of a securities exchange such as the New York Stock Exchange Hong Kong Stock Exchanges and Clearing Limited, the American Stock Exchange or the NASDAQ.
• (b) User Content that is unlawful, libellous, defamatory, pornographic, obscene, lewd, indecent, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, fraudulent, inflammatory, or otherwise objectionable;
• (c) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• (d) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
• (e) Unsolicited promotions, political campaigning, advertising or solicitations;
• (f) Viruses, corrupted data or other harmful, disruptive or destructive files;
• (g) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers; and
• (h) User Content that, in the sole judgment of Evolve, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or which may expose Evolve or its users to any harm or liability of any type.

14.2

You further agree that you are solely responsible for your conduct while on the Website, and you agree that you will not do any of the following in connection with the Website or Users:

• (a) Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
• (b) Use the Website or the Interface in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Website or that could damage, disable, overburden or impair the functioning of the Website in any manner;
• (c) Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other Users;
• (d) Cheat or utilise unauthorised exploits in connection with the Interface;
• (e) Send any unsolicited commercial messages;
• (f) Use the Website or the Interface for any illegal or unauthorised purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms; or
• (g) Circumvent or attempt to circumvent any filtering, security measures or other features Evolve may from time to time adopt to protect the Website, its Users or third parties.

14.3

Evolve takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Evolve liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. Enforcement of the user content or conduct rules set forth in the Terms is solely at Evolve's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Website will not contain any content prohibited by these rules. As a provider of interactive services, Evolve is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Evolve has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Evolve reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Website and Interface at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense. Any use of the Interactive Areas or other portions of the Sites in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas, Website and the Interface.

18.1

Any disputes or claims arising from your use of the Interface and Website, including disputes or claims that occurred prior to the effective date of the Terms (each a "Dispute") must be communicated through email sent to info@evolverwa.io to be resolved via a good-faith negotiation process. If that Dispute is not resolved within 60 days of sending such an email, then you agree that all unresolved disputes or claims shall be finally and exclusively settled by arbitration administered by the BVI International Arbitration Centre (BVI IAC) in accordance with its rules in force at the time of the filing of the notice of arbitration of such dispute. The arbitration shall be held before a single arbitrator and conducted in English on a confidential basis. Any award made by the arbitrator may be entered in any court of competent jurisdiction as necessary. This section shall survive termination of these Terms, the Interface, or any connection you may have to the information you obtained from the Interface.

18.2

Any award made by the arbitrator may be entered in any court of competent jurisdiction as necessary. This section shall survive termination of these Terms, the Interface, or any connection you may have to the information you obtained from the Interface.

18.3

This binding agreement to arbitrate applies to all Disputes.

18.4

Any Dispute must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Interface will not have the right to assert the claim.

18.5

You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms, including the arbitration agreement, by emailing us at info@evolverwa.io. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of the binding arbitration agreement.

21.1

Materials, such as Whitepaper, online articles, announcements, news and others, published in the Website or elsewhere, are not binding and do – unless explicitly referred to herein – not form part of these Terms, and are of a descriptive nature only.

21.2

We do not permit individuals under the age of 18 to register with our Website and use our products. If we become aware that a child under 18 has provided us with personal information, we will delete such information from our files immediately and block access to our Website and products.

21.3

We and you are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. Both parties reserve the right:

• (a) to develop or have developed for it products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques developed or contemplated by the other party; and
• (b) to assist third-party developers or systems integrators who may offer products or services which compete with the other party's products or services.

21.4

These Terms do not create any third-party beneficiary rights in any individual or entity.

21.5

You will not assign these Terms, or delegate or sublicense any of your rights under these Terms, without our prior written consent. Any assignment or transfer contrary to these Terms will be void. Subject to the foregoing, these Terms will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.

21.6

The failure or omission by us to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be unequivocal and in writing to be effective.

21.7

Except as otherwise set forth herein, if any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to affect the intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest of the Terms will remain in full force and effect.

21.8

Prior to filing any claims in accordance with paragraph 18.4, you undertake to file such a claim or request directly to Evolve via e-mail at info@evolverwa.io. You agree that you will not file any claims in accordance with paragraph 18.4 earlier than 30 days after sending such claim or request to Evolve in accordance with this clause 21.8. Any claim filed with the arbitral tribunal contrary to the rules set out in this clause 21.8 shall be rejected immediately by the tribunal as premature.

21.9

These Terms are not boilerplate. If you disagree with any of them, believe that any should not apply to you, or wish to negotiate these Terms, please contact info@evolverwa.io via e-mail and immediately navigate away from the Website and cease using the Platform Interface.