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Last Updated: August 1, 2024
We are Unleashing DePIN LLC ("Company," "we," "us," "our"), located at 5473 Blair Rd Ste 100 #818121, Dallas, TX 75231, USA.
We operate the websites https://www.unleashingdepin.com and https://www.depinpulse.app (the "Sites"), along with any related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Unleashing DePIN Inc, concerning your access to and use of the Services. By accessing the Services, you confirm that you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services 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 Legal Terms at any time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
THE SERVICES, INCLUDING THOSE OFFERED BY UNLEASHING DEPIN AND ITS AFFILIATES SUCH AS DEPIN PULSE, ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATED TO THE SERVICES AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR: (1) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT OR MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (5) BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED BY THIRD PARTIES THROUGH THE SERVICES; OR (6) ERRORS OR OMISSIONS IN CONTENT AND MATERIALS OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES. WE DO NOT WARRANT OR ENDORSE ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICES OR LINKED WEBSITES AND ARE NOT RESPONSIBLE FOR MONITORING TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS.
IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN, OUR TOTAL LIABILITY TO YOU FOR ANY REASON SHALL BE LIMITED TO THE LESSER OF THE AMOUNT YOU PAID TO US, IF ANY, OR $100. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold harmless us, our subsidiaries, affiliates, and all respective officers, agents, partners, and employees from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, made by any third party arising from: (1) your Contributions; (2) your use of the Services; (3) any breach of these Terms; (4) any violation of your representations and warranties in these Terms; (5) any violation of a third party's rights, including intellectual property rights; or (6) any harmful act towards another user of the Services. We reserve the right to assume exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate at your own expense with our defense of such claims. We will make reasonable efforts to notify you of any claim subject to this indemnification upon becoming aware.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you undertake using the Services. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption.
You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of any third party. You are prohibited from engaging in any of the following activities: (1) transmitting any harmful or illegal content; (2) impersonating any person or entity; (3) attempting to gain unauthorized access to any part of the Services; (4) disrupting or interfering with the security or integrity of the Services; or (5) engaging in any other conduct that may harm us or other users.
We reserve the right to terminate or suspend your access to the Services, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Legal Terms. Upon termination, your right to use the Services will cease immediately.
All content, trademarks, and other intellectual property associated with the Services are the exclusive property of Unleashing DePIN Inc or its licensors. You may not use, reproduce, modify, or distribute any content from the Services without our prior written consent.
Your use of the Services is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the Services, you consent to the collection and use of your data as outlined in our Privacy Policy.
These Legal Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any disputes arising out of or relating to these Legal Terms or your use of the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
