Terms of Service

Last Updated: November 5, 2024

Please read these terms and conditions carefully before using Our Service.

PREAMBLE

Definitions. Definitions of capitalised terms used herein are provided in Section 16 below.

Application and Acceptance. These Terms govern your access to and use of the Services. By accessing or using the Services made available on http://goose.farm/ , connecting your Wallet thereto, or by clicking the button “I accept” or respective check box referencing to these Terms, you acknowledge that you have read, accept without modifications and agree to be bound by these Terms and all terms incorporated herein by reference, which form a legally binding agreement between you and us. If you do not accept and agree to these Terms, you shall not access or use the Services, and you shall immediately discontinue any use thereof. If you are acting for or on behalf of an entity, you hereby represent and warrant that you are authorised to accept these Terms as a legally binding agreement on such entity’s behalf, and you accept these Terms both on behalf of such entity and on your own behalf.

Important Notice. Please read these Terms carefully as they affect your obligations and legal rights. Note that Sections 17 and 18 contain provisions governing the choice of law, arbitration terms, and class action waiver. Please read and review Sections 8, 10 and 11 carefully before accepting these Terms as they provide for the limitation of liability, your obligations to indemnify the Goose Parties, and contain a disclaimer of warranties as well as other important disclaimers with regard to the Services and Goose Protocol.

1. MODIFICATION

These Terms may be modified, supplemented, or updated from time to time at our sole discretion without your consent and notice to you. If these Terms are changed, the “Last Updated” date and the document version at the top of these Terms will be updated accordingly. We may, but shall not be obligated to, provide additional notification of the amendment via one of the Communication Channels. The updated Terms will automatically substitute and supersede the previous version with immediate effect, and your continued use of the Services will confirm the acceptance of such updated Terms. It is your responsibility to review these Terms every time you use or visit the Services to stay aware of the applicable terms and their modification. If you do not agree to any amended Terms, you must immediately discontinue any access to or use of the Services.

2. ELIGIBILITY

Eligibility Requirements. To be eligible to access and use the functionality of the Services, you shall: (i) be able to accept these Terms as a legally binding agreement on the terms herein set forth; (ii) if individual, be at least 18 (eighteen) years of age, or of such higher age required to accept these Terms as a legally binding agreement on the terms herein set forth according to the laws of the jurisdiction where you reside; (iii) if an individual who is acting for or on behalf of an entity, be duly authorised by such entity to act on its behalf for the purpose of entering into these Terms; (iv) neither be a Prohibited Person nor use the Services for the benefit of a Prohibited Person; and (v) comply with these Terms at all times. To be eligible to access and use the functionality of the Apps, in addition to the above eligibility requirements, you shall use the Apps in a professional capacity and not as a Consumer; accordingly, if you are an individual, you are only allowed to use the Apps for business, professional, or commercial purposes.Failure to Comply with the Eligibility Requirements. If you determine that you do not meet or conform to any of the aforementioned eligibility requirements, you shall not use the relevant Services and shall immediately suspend any use thereof until the respective restricting circumstances cease to exist.

3. THE SERVICE

Goose Services

When you access certain features of the software tools, the user interface will allow you to access a non-custodial smart contract to perform a variety of transactions. In particular, you confirm that all actions and functions performed via the Goose smart contracts are irrevocable. You remain in full control of your digital assets. The Company does not custody your digital assets, nor collect or hold your keys or information (these are either controlled and held by you directly, or held with third party custody-service providers, depending on the situation), and in this regard the Company may in certain specific situations hold one out of multiple key/shard under a distributed Multiparty Computation (MPC) model where the Company does not possess the ability to transfer ownership of digital assets without the approval or collaboration of the distributed digital asset owners or the other distributed parties such as regulated custody-service providers. Accordingly, if you lose control over your keys/shards/assets, the Company cannot access your digital assets; digital backups; recover keys, passwords, or other information; reset passwords; or reverse transactions. You are solely responsible for the safety of your digital assets and your use of the Services, including without limitation for storing, backing up, and maintaining the confidentiality of your private keys, passwords, and information, and for the security of any transactions you perform using the Website. You expressly relieve and release the Company from any and all liability and/or loss arising from your use of the Services.

Service fees

If you elect to utilise the Services, all transactions will be conducted solely through the relevant blockchain network (including without limitation the bitcoin blockchain and/or Goose blockchain). We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Website, or using the smart contracts, or any other transactions that you conduct via the relevant blockchain network.

The relevant blockchain network typically requires the payment of a transaction fee ("Gas Fee") for every transaction that occurs on the relevant blockchain network. The Gas Fee funds the network of validators, nodes or resource providers that run the decentralised network. This means that you will need to pay a Gas Fee for each transaction that occurs via the Website.

You also may be subject to certain additional fees and commissions, including fees for utilising certain Services (or related products), as notified to you prior to performing any transaction thereon or otherwise interacting with Goose or the smart contracts. The Company also reserves the right to levy additional fees for access via the smart contracts or the Website in the future. You agree to promptly pay all aforementioned fees and commissions.

Not an Offering of Banking business, Trust business, Custodial business, Escrow business, Securities or Commodities

You understand and affirm that the Company is a non-custodial provider of technical smart-contract services which allow users to manage their digital assets. The content of the Website and the Services do not constitute any banking business, trust business, custodial business, escrow business, any offer to buy or sell, or a solicitation of an offer to buy or sell investments, securities, partnership interests, commodities or any other financial instruments in any jurisdiction. The content or the Website and the Services also do not constitute, and may not be used for or in connection with, an offer or solicitation by anyone in any state or jurisdiction in which such an offer or solicitation is not authorised or permitted, or to any person to whom it is unlawful to make such offer or solicitation. In particular, the Services do not constitute any "banking business" within the meaning of any banking laws, "custody" within the meaning of any virtual assets law, or "capital markets products" or "securities" within the meaning of any securities law. In particular, you acknowledge and accept that

Third party service providers

Goose strictly functions as a non-custodial provider of technical smart-contract services. To the extent that any digital assets are "staked" or "locked" on Goose, or any of strategies, vaults or pools, you agree and accept that: (a) these digital assets are not custodised by the Company, but they are custodised by third party custody-service providers, and (b) the management of strategies, vaults or pools is performed by third party managers/advisors. Interacting with the relevant functionality on Goose creates a direct contractual relationship (for custodial services or management services, as the case may be) between you with such a third party custodian or manager, and Goose is not a party to such contractual relationship. The Company and its affiliates shall in no circumstances be construed as a party to said peer-to-peer direct contractual relationship, is not liable for performance of obligations thereunder, nor does it bear any financial or commercial risk or provide any warranties or assurances in connection with the same.

Goose makes no representation or warranty, express or implied, to the extent not prohibited by applicable law, regarding the advisability of participating in digital assets on any blockchain, any financial products, securities, funds, commodity interests, partnership interests or other investments or funding or purchasing loans. The Company is merely a technology service provider allowing you to manage your own digital assets connecting you with various third parties and does not offer fiduciary services, and is not your agent, trustee, advisor or fiduciary.

Non-reliance

The Services and the smart contract and/or software tools allow users to create a variety of applications. It is solely your responsibility to determine the legality of the applications created and the legal relationship created between you and your end user in respect of such developed applications/users services. The Company provides no guarantees as to the suitability or legality of the Services or software tools.

Amendment or Withdrawal of Services

The Company may impose additional terms for the usage of the Service, as set forth in separate Service-specific Terms and Conditions. The Company may increase or restrict the scope of Services, and may modify, limit or discontinue existing Services, from time to time and at the Company's sole discretion.

Technical documentation

You must comply with all relevant technical documentation applicable to the Services as posted and updated by the Company from time to time on the Website. You further agree, as a continuing condition for your use of the Services, to abide by all licence terms and conditions of all third party software components, libraries and application programme interfaces comprised in any Services as from time to time notified on the Website.

4. LICENCE AND PROPRIETARY RIGHTS

Ownership. You do not receive any rights, title, or interest in or to the Intellectual Property and the respective rights holders reserve the right to prohibit any use of the applicable Intellectual Property at any time. You may not obscure, remove or alter any marks or notices displayed within the Services. Any rights not expressly granted to you under the Licence and/or applicable FOSS Licences are reserved by the respective rights holders.

Licence. Subject to your compliance with these Terms, we hereby grant you the Licence. The Licence will remain effective until these Terms terminate or expire, or the Licence is revoked.

FOSS Licence. To the extent that certain items or components of the Services are distributed under a FOSS Licence, such items and components are not covered by the Licence and are provided to you under the applicable FOSS Licence.

Compliance. Your access to and use of the Services shall not violate the terms of the Licence and/or FOSS Licences, if and as applicable.

Feedback. By providing Feedbacks in relation to the Services, you grant us a non-exclusive, irrevocable, royalty-free, perpetual, fully paid up, worldwide licence (right) to use, copy, edit, reproduce, translate, publicly display and perform, distribute, commercialise, create derivative works from your Feedback and the right to assign these rights to third parties in whole or in part. We may use, reproduce, disclose, make publicly available and otherwise exploit any of your Feedbacks at our sole discretion, without restrictions or any obligations to you.

User Generated Content. We do not undertake any obligations with respect to the User Generated Content, including an obligation to review or remove it. If you post, create, or furnish any User Generated Content, you shall ensure and hereby warrant that: (i) you own all intellectual property rights in and to such User Generated Content, or otherwise have the right to use it in such a manner; and (ii) the User Generated Content does not violate these Terms, any third-party rights and applicable laws. By creating, posting or furnishing User Generated Content, you grant us a non-exclusive, irrevocable, royalty-free, perpetual, fully paid-up, worldwide licence (right) to use, publicly display, reproduce, translate, and distribute such User Generated Content, as well as the right to assign these rights to third parties in whole or in part. If your User Generated Content fails to comply with these Terms, we may require you to remove it, or make such User Generated Content no longer visible within the Services, if and to the extent technically possible.

5. APPS VS GOOSE PROTOCOL

General. The Goose Protocol is an open-source blockchain protocol that consists of smart-contracts operating in an automated and autonomous manner. As open-source software, the Goose Protocol and its source code can be viewed and verified by anyone. While Apps may interact with the Goose Protocol, they are distinct and do not form a part of the Goose Protocol, serving exclusively as one of the web-hosted user interfaces thereto. There might be other interfaces enabling interaction with the Goose Protocol with which we have no connection or affiliation. You should carefully and thoroughly review and assess the Goose Protocol and related software before using them. Always do your own research, and any use of the Goose Protocol shall always be at your own risk and discretion.

Blockchain Networks. We do not process any blockchain transactions you make through the Apps, all of which are processed by the underlying blockchain network and applicable software implemented thereon. We do not control or operate the underlying blockchain networks and any software through which such networks are formed. Any malfunction, breakdown or abandonment of the underlying blockchain network(s) may have a material adverse effect on the Services. You hereby assume and accept all risks, including the risk of possible losses and damages, that you may incur in connection with the use of or reliance on any blockchain networks and associated software.

6. WALLETS

Wallets. When using certain Services, you may connect your Wallet through one of the compatible third-party software wallets, such as, for illustration purposes only, MetaMask, Trust Wallet, WalletConnect and alike. The Wallets and software wallets constitute the Third-Party Services, and we are not responsible for, do not endorse, and shall not be held liable or responsible in connection therewith. We do not make any warranties, whether express or implied, as to the Wallets used by you within the Services. When using Wallets or software wallets, you should review applicable terms and policies that govern your use thereof.

Security. Neither we nor the Services receive access to or control over your Wallets or Virtual Assets held in such Wallets. You should not allow any third person to access your Wallets nor disclose credentials associated therewith. You are solely responsible for (i) securing your Virtual Assets, Wallets and credentials thereto; (ii) any use of your Wallets and credentials thereto, as well as their confidentiality; and (iii) all transactions carried out via your Wallets and/or using credentials thereto.

7. MATERIALS

General. All and any Goose Materials are provided for informational and educational purposes only, to provide you with additional knowledge about the Services and Goose Protocol, including its functionality as we see it. Nothing contained in the Goose Materials has contractual value or constitutes a promise, obligation, warranty, or representation of any kind. Goose Materials shall be subject to the terms set forth in these Terms. You should not take, or refrain from taking, any action based solely on the Goose Materials, and any use thereof or reliance thereon, either wholly or partially, is at your own discretion and risk, and you are solely responsible for any possible damages or losses arising from such use. Always make sure to verify that the information that you believe is provided by us is posted or communicated by our authorised representatives.

Third-Party Data and Industry Publications. Goose Materials may include references to third-party data and industry publications. Although we believe that such data is accurate and reasonable, there are no assurances as to the accuracy or completeness thereof. We have not independently verified any of the data from third-party sources referred to in the Goose Materials, or ascertained the underlying assumptions relied upon by such sources. Any reference to such third-party data and industry publications does not imply our endorsement thereof. Always do your own independent research and thorough investigation.

Forward-Looking Statements. The Goose Materials may contain Forward-Looking Statements, which are based on current expectations and involve multiple risks and uncertainties. There is no assurance that any Forward-Looking Statement will prove to have been correct. Actual events, results, or outcomes could differ materially from what is stated in a Forward-Looking Statement, and you should not place any undue reliance thereon.

Updates. The Goose Materials may be updated, altered or removed from time to time at our sole and absolute discretion, with or without notice, and without any liability whatsoever, whether depending on various circumstances, including change in the market conditions, Goose Protocol, Services, governments’ actions and applicable regulation or due to other reasons.

8. YOUR WARRANTIES AND REPRESENTATIONS

By entering into these Terms, you expressly represent and warrant that:

(a) you have read and understand these Terms, including all documents and items incorporated herein by reference;

(b) you have the necessary authority to accept these Terms, enter into a binding agreement with us, and perform the obligations set out herein;

(c) the acceptance of these Terms shall not result in any breach of, be in conflict with, or constitute a breach or default under: (i) any provision of any judgement, decree or order imposed on you by any court, governmental or regulatory authority; and/or (ii) any material agreement, obligation, duty or commitment to which you are a party or by which you are bound;

(d) if you are acting for or on behalf of an entity, (i) you accept these Terms both on behalf of such entity and on your own behalf, (ii) such entity is duly incorporated, registered, validly existing and in good standing under the applicable laws of the jurisdiction of its incorporation, and in each jurisdiction where it conducts business, and (iii) such entity shall be responsible for a breach of these Terms by you or any other employee or agent of such entity, unless you or any other employee or agent of such entity are responsible under the applicable law, and (iv) the acceptance of these Terms shall not result in any breach of, be in conflict with, or constitute a breach or default under any provision of your statutory or organisational documents;

(e) you are entering into these Terms and transactions contemplated hereunder for business (commercial) purposes only, and not as a Consumer, and that all transactions contemplated hereunder are structured as commercial transactions (excluding, for this purpose, the Website and its use);

(f) you have sufficient understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with Virtual Assets, Virtual Assets' storage facilities, including Wallets, distributed ledger technology and blockchain-based software in general;

(g) any Wallet used by you within the Services is either owned by you, or that you are validly authorised to carry out transactions using such Wallet;

(h) any funds or Virtual Assets used by you in connection with the Services (i) are either owned by you or you are validly authorised to carry out actions using such funds and Virtual Assets, (ii) are from legitimate sources, and (iii) have been lawfully acquired;

(i) you shall be solely responsible for all and any operations and transactions with Virtual Assets carried out through your Wallets or otherwise through or in relation to the Services, and for their consequences and outcomes;

(j) accessing and/or using the Services is not unlawful or prohibited under the laws of your jurisdiction or under the laws of any other jurisdiction to which you may be subject, and your access to and use of the Services shall be in full compliance with applicable laws;

(k) you are not a Prohibited Person nor use the Services for the benefit of a Prohibited Person;

(l) you will comply with any tax obligations arising from your acquisition, storage, sale, rent, or transfer of the Virtual Assets through the Services or any other use thereof;

(m) you understand that purchasing, selling, and holding Virtual Assets carries substantial risk as the prices may change rapidly, and that you should obtain appropriate professional advice before making any decision;

(n) you will carefully evaluate, check, and verify any Third-Party Content before you use it or rely upon it in any manner;

(o) you shall not make any decisions based solely on the information available in the Goose Materials, or otherwise made available to you by us, and shall conduct your own substantial research and analysis before making any decision;

(p) your use of the Goose Materials is always at your own risk, and nothing contained herein shall be deemed a guarantee or promise that any such Goose Materials are true or correct, or that you will receive any profit or benefit, or that any transaction carried out through or in relation to the Services will be beneficial or suitable for you; and

(q) all of the above representations and warranties are true, complete, accurate, and non-misleading from the time when you accept these Terms, and for the whole period of your use of the Services.

9. DISCLAIMER OF CERTAIN WARRANTIES OR REPRESENTATIONS

The Services are provided on an “as is” and “as available” basis. There is no warranty of any kind, express or implied, including, but not limited to, implied warranties of title, non-infringement, integration, merchantability, and fitness for a particular purpose, warranties implied by any course of performance or usage of trade, with respect to the Services, all of which are expressly disclaimed and denied. In particular, we do not warrant, whether expressly or impliedly, and hereby expressly disclaim any warranty and/or representation that:

(a) the Services, related technical infrastructure and/or software will work as expected or work at all, have any specific functionality, or contain any particular components;

(b) the Services, related technical infrastructure and/or software will be secure, error-free, or available at any particular time or place, or will continue working, operating or functioning for any period of time;

(c) the Services, their use, or any transactions carried out through or in relation thereto will (i) be processed or performed, (ii) meet your expectations, (iii) fit for a particular purpose, or (iv) be beneficial or suitable to you;

(d) any Goose Materials are or will be timely, accurate, reliable, complete, true, or correct;

(e) relates to the legal or juridical status or nature of any Virtual Assets, or with regard to their legal or other qualification;

(f) the Services, related technical infrastructure and/or software will be free of viruses, errors, bugs, trojan horses, defects, flaws, malfunctions, or other harmful components, or properly protected from hacker, malware, spyware or other attacks, or third-party hostile interferences; and

(g) any defects or errors in the Services, related technical infrastructure and/or software will be fixed or corrected.

10. PROHIBITED USE

You agree that you shall not conduct or participate in any of the following activities when accessing or using the Services, or in connection with such access or use:

(a) disrupting, interfering with, or inhibiting other users from using the Services, underlying technical infrastructure or software, Third-Party Services, and carrying out activities that could disable, impair, or harm the functioning of the Services, their underlying technical infrastructure or software, and/or Third-Party Services;

(b) using the Services, related technical infrastructure or software for any illegal purposes, including, but not limited to, fraud, terrorism financing, or money laundering;

(c) taking advantage of bugs or errors in program logic and/or code of the Services, their underlying technical infrastructure or software, and/or Third-Party Services;

(d) posting, uploading, or submitting any User Generated Content that is illegal and/or infringing;

(e) without prejudice to the terms of the applicable FOSS Licences, circumventing or attempting to circumvent any access or functionality restrictions or limitations that the Services have or may have, including with the use of malware, spyware, harmful code or software, or by undertaking hacker attacks or similar activities;

(f) using the Services, related technical infrastructure or software for any purpose that is harmful or detrimental to the Services, Third-Party Services, or any users of the Services;

(g) violating any rights of any third person, including intellectual property rights;

(h) violating these Terms;

(i) conducting fraudulent activities, providing any false, inaccurate, or misleading information in order to unlawfully obtain Virtual Assets, funds, or property of any person;

(j) subject to the terms of the applicable FOSS Licences, copying, reproducing, or cloning the Services as a whole, or duplicating their essential elements, or creating derivative works from the Services;

(k) using any tools, software or technologies with the purpose of circumventing or bypassing geographical restrictions, our geofencing, or any software we employ to identify users from the Prohibited Jurisdictions; and

(l) carrying out any other unlawful activities, or activities that violate any applicable regulations, rules, orders, etc.

11. IMPORTANT DISCLAIMERS AND RISK DISCLOSURES

Personal Data. We collect and process your personal data in accordance with our Privacy Policy.

No Advice. No part of these Terms and Goose Materials is intended to be, or should be considered or construed as, business, legal, financial, investment, trading, or any other sort of advice, or advice of a broker regarding any matters to which all or any part of such information relates. Before making the decision to use the Services or carry out any transactions thereon, you should consult your own legal, financial, tax, or other professional advisors regarding any such information, including whether purchasing, selling, holding, or carrying out any other transactions with respect to any Virtual Assets or other funds is suitable for you. In each case, you shall solely make your own informed decision with respect to any matters associated with the use of the Services, reliance upon the Goose Materials, or performance of any transactions involving Virtual Assets.

Waiver of the Right of Withdrawal. If and to the extent you, notwithstanding the terms herein set forth, are considered a Consumer under the applicable law, you hereby acknowledge and agree that when you make a transaction involving Virtual Assets, such transaction is processed by the underlying blockchain network, and, as such, is performed immediately. Therefore, if considered a Consumer, you hereby expressly waive your right to withdraw from any blockchain transaction and claim any refunds that may be available to you under the applicable law. In each case, you shall solely make an informed decision whether to carry out any transactions through or in relation to the Services, as such will result in their immediate performance and waiver of your right to withdraw from them and claim any refunds.

Third-Party Content and Services. When accessing and using the Services, you may view or interact with the Third-Party Content and Third-Party Services. We make no warranties, whether express or implied, as to the Third-Party Content and Third-Party Services, nor endorse, recommend or solicit to use them or any information, materials, content, services or tools made available on or through such Third-Party Content or Third-Party Services. You hereby affirm and acknowledge that your use of Third-Party Content or Third-Party Services, and your interactions with third parties that are linked to or from the Services, shall always be at your own risk.

Transactions. All transactions carried out on the blockchain, whether through the Services or otherwise, take place on the underlying blockchain network and are, therefore, irreversible. Oftentimes, blockchain transactions are immediate. We do not influence or engage in any such transactions, and shall not be responsible for their outcomes or consequences. We do not represent or warrant that any blockchain transaction initiated by you will be completed or processed in a timely manner, or processed at all.

Virtual Assets. We make no representations or warranties of any kind with respect to the Virtual Assets, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose or non-infringement, all of which are hereby expressly disclaimed and denied. You hereby acknowledge and agree that the Virtual Assets may not: (i) meet your expectations or work as intended, (ii) have the intended functionality, (iii) have a market, or (iv) have any specific price or hold any particular value, or have any value at all. Any receipt, storage, use, and disposition of the Virtual Assets shall always be at your own risk.

12. LIMITATION OF LIABILITY

Limitation of Liability. To the maximum extent permitted under the applicable law, in no event shall:

(a) the Goose Parties be liable or responsible for any indirect, punitive, exemplary, incidental, or consequential damages of any kind, loss of goodwill, loss of profits (including expected), loss of data, diminution of value, and business interruption arising out of or in connection with (i) these Terms, (ii) the functionality, use, or inability to use the Services, and/or (iii) the failure of the Services to perform as represented or expected, whether based upon breach of warranty or contract, negligence, strict liability, tort, or any other legal theory, regardless or whether any Goose Party has been advised of the possibility of such damages;

(b) the Goose’s or Affiliates’ officers, directors, employees, consultants, and shareholders be held personally liable in connection with (i) these Terms, (ii) the use or inability to use the Services, and/or (iii) the failure of the Services to perform as represented or expected, provided that this item “(b)” shall not limit our liability as an entity;

(c) the Goose Parties be responsible for or held liable in connection with any inaccuracy, error, delay in, or omission of any Goose Materials, your reliance thereon, or any decisions based on the Goose Materials; and

(d) the aggregate liability of the Goose Parties for all damages and losses whatsoever arising out of or in connection with these Terms, their undue performance or violation, the use or inability to use the Services, exceed US $1,000 (one thousand U.S. dollars) or equivalent.

Exclusion of Liability. To the maximum extent permitted under the applicable law, in no event shall the Goose Parties be liable for any losses or damages, including direct, consequential, incidental, or indirect, in each case, whether based upon breach of warranty or contract, negligence, strict liability, tort, or any other legal theory, and regardless of whether any Goose Party has been advised of the possibility of such damages or losses, arising from:

(a) the Goose Protocol, its operation, use or inability to use, or failure of the Goose Protocol to work or operate as expected or described;

(b) any Third-Party Content, Third-Party Services, products or services provided by third parties, or any interaction therewith, use thereof and/or reliance thereon;

(c) unauthorised use of your Wallets or any credentials thereto, or your failure to ensure security thereof;

(d) a hacker attack, phishing attack, malware attack, viruses, or trojan horses, whether affecting or transmitted via the Services or otherwise, or any other unauthorised third-party intervention in the operation thereof; and

(e) any loss or damage caused by or arising from the Force Majeure Circumstances.

Exceptions. Inasmuch as some jurisdictions do not allow the exclusions or limitations as set forth herein, the above exclusions and limitations shall apply to the maximum extent permitted by the applicable law. Notwithstanding anything to the contrary contained therein, these Terms do not limit our liability for fraud, intentional misconduct, gross negligence, death or personal injury arising from negligence.

13. UPDATES, AVAILABILITY, AND ACCESS

Updates and Modifications. We may from time to time and without prior notice make certain updates, improvements, or modifications to the Services, including, but not limited to, updates to the underlying software, infrastructure, security protocols, technical configurations, functionality, financial structure, or Service features, and we shall not be in any case held liable with respect to any such update.

Availability. The availability of the Services depends on various factors and there is no warranty or guarantee that the Services will operate and/or be available at all times without disruption or interruption, or that they will be immune from unauthorised access, bug-, virus-, or error-free. The Services or their components may become inaccessible or inoperable from time to time due to various reasons, such as maintenance procedures, updates, disruptions, third-party interferences, hacker or malware attacks, Force Majeure Circumstances, failures in the operation or malfunction of the underlying technical infrastructure or software, unavailability of the Third-Party Services, not limited to the above. As a result, your ability to use the Services and their functionality may be prevented or limited without prior notice, and no Goose Party shall be responsible for or held liable in connection therewith. In the event of Services unavailability, you may always continue using the Goose Protocol by interacting with it directly bypassing any user interfaces, or by using other user interfaces to the Goose Protocol provided by third parties.

Access. If technically possible, we may limit, suspend or restrict access to the Services with immediate effect and without notification and liability, regardless of reason, including if we, acting at our sole discretion, determine that (i) you have violated or may likely violate these Terms, applicable laws or regulations; or (ii) you or your actions create or may create legal exposure for us, Affiliates, or the Services; or (iii) you are or likely to be a Prohibited Person or act on behalf of a Prohibited Person. You hereby agree to comply with such limitations and not to circumvent or bypass them in any way. You hereby agree that we may install and utilise certain software, solutions and/or tools (for example, geo-blocking solutions) allowing us to identify users from the Prohibited Jurisdictions or certain restricted jurisdictions, or those who have violated these Terms or the laws, and restrict their access to and use of the Services.

14. FEES, COSTS, AND TAXES

Fees. We reserve the right to introduce and charge certain fees for the access to and use of the Services. You hereby agree and acknowledge that it is your sole obligation to review the applicable fees each time you use the Services. If you do not agree to any fees, you reserve the right to discontinue any access to or use of the Services at any time.

Third-Party Costs. When you conduct certain transactions through or in relation to the Services, certain Third-Party Costs may arise. You shall solely bear all such Third-Party Costs, and we are not responsible for nor be in any way liable in connection with any such Third-Party Costs.

Taxes. The tax status of Virtual Assets is uncertain and highly depends on the laws and regulations of the respective jurisdiction where you reside. You are solely responsible for determining what, if any, Taxes apply to your activities and any transactions carried out through or in relation to the Services. It is also your responsibility to withhold, collect, report, and remit all applicable Taxes to the appropriate tax authorities, and we are not responsible for withholding, collecting, reporting, or remitting such Taxes, as well as any tax consequences to you associated with or arising from any transactions carried out through or in relation to the Services.

15. TERM AND TERMINATION

General. These Terms will be in full force until terminated by either (i) you by disconnecting your Wallets from the Services and ceasing access and use of the Services; or (ii) us at any time at our sole and absolute discretion, with or without a notice to you, and without any liability whatsoever.

Survival. Provisions hereof construed to survive the termination of these Terms shall survive any expiry or termination of these Terms. Sections 3 (except for the License sub-Section), 5, 8, 9, 10,11, shall survive any expiration or termination of these Terms, regardless of reason.

16. COMMUNICATION

Communication Channels. You agree and consent to receive electronically all Communications that we provide in connection with these Terms and the Services. You agree that we may provide Communications to you through any of the Communication Channels, provided that only those postings shall be deemed to constitute Communication that are expressly marked as relating to these Terms. If you provide us with your email address, we may (but will not be obliged to) send Communications to you by email. All Communications specified in this paragraph shall be deemed in writing, valid and of full legal force, and delivered to you on the day following the day when they are published or transmitted, as the case may be.

Contact Details. You may electronically communicate with us by sending Communications to the following email address:[email protected]. We may require you to provide additional data or documents, or perform certain actions that will allow us to identify you.

17. MISCELLANEOUS

Third-Party Beneficiaries. These Terms shall inure to the benefit of the Goose Parties and any persons involved or engaged in the development, operation or maintenance, as applicable, of the Services and related software, irrespective of their specific roles or capacities, and such persons shall be entitled to rely upon and enforce the provisions of these Terms as if they were a party hereto. However, the aforementioned persons’ consent, approval or notice shall not be required to alter, assign, novate, or otherwise change these Terms.

No Waiver. No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

Entire Agreement. These Terms, together with any documents incorporated herein by reference, contain the entire agreement with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, writings, letters, statements or promises relating to the same subject matter. You hereby agree and acknowledge that by entering into these Terms, you have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance, or warranty (whether made negligently or innocently) other than as expressly set forth in these Terms.

Language. Currently, only the English version of these Terms, Goose Materials and any Communications is considered official. The English version shall prevail in case of differences in translation of any Goose Materials, Communications, or other content.

Assignability. You shall not assign or transfer any rights or obligations under these Terms without our prior written consent. We may transfer or assign these Terms, including any rights and obligations hereunder, at any time and no such transfer or assignment shall require your additional consent or approval.

Validity and Enforceability. The invalidity or unenforceability of any provision or part-provision of these Terms shall not affect the validity or enforceability of any other provisions of these Terms, all of which shall remain in full force and effect.

CLASS ACTION WAIVER:

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Website.