Terms and Conditions

(“Unbound”) provides a website-hosted User interface (the “Interface”). The Interface provides access to a platform, supporting EVM compatible blockchains, that allows Users to delegate their non-fungible tokens (“NFT(s)”) to gamers in return for a rental fee which amounts to a part of the award that can be won by such gamers in the game, peer-to-pool in a permissionless manner (the “Platform”). The Interface is available via the following link app.unboundnation.io.

These are the terms and conditions (the “Terms”) of Unbound, which govern your use of the Interface. Your use of the Interface implies your acceptance of these Terms. You must read them carefully. If you do not agree, you are not authorized to access or use the Interface and should not use the Interface. If you have any questions, please do not hesitate to contact us. These Terms apply to all Users of the Interface and any other dealings between Unbound and its users (as defined below) and any services provided by Unbound (all of these uses, dealings and services are together defined as the “Services”). Unbound offers its Services on the condition that the User accepts these Terms. By making use of the Services, you agree to and accept to be bound by these Terms and other terms, including but not limited to Unbound’s privacy policy (incorporated herein by reference).

Unbound may amend these Terms from time to time at its own discretion. By continuing to making use of the Services, you agree to and accept to be bound by the latest version of the Terms. The latest version of the Terms always applies between Unbound and you, as accessible at any time on the homepage of the Unbound website, and incorporated herein by reference. You may not use the Services if you do not accept any of the Terms.

1 Definitions

Insofar not defined in these Terms, the following terms when capitalized in these Terms shall have the following meaning:

1.1 Unbound: Unbound Nation AG, a stock company under Swiss law, having its registered office at Baarerstrasse 10, 6300 Zug, Switzerland and registered in the Swiss commercial register. Also referred to as “we”, “us”, “our”.

1.2 User(s): any legal entity or natural person that makes use of the Services, including Owners (as defined below) and Gamers (as defined below). Also referred to as “you” and “your”.

1.3 Party(ies): Unbound and the User, together.

2. Unbound: How does it work?

2.1 Unbound provides the Interface to access the Platform. Our goal is to provide an Interface which allows the use of the Platform in the most transparent way.

2.2 While third-party owners (“Owner(s)”) are able to delegate their NFTs for use, other Users who are willing to play with such NFTs (”Gamer(s)”) can obtain a worldwide non-transferable, non-sublicensable and exclusive right to use such NFTs in return for a reward share earned by such Gamer or for a fixed fee. The Platform sets the following pre-defined terms and conditions which apply to each delegation for use of NFTs through the Platform:

• Owners cannot choose which Gamer plays its NFTs;
• There is no guarantee that delegated NFTs will be used by Gamers;
• Gamers can play with NFTs but are unable to further transfer or assign such NFTs;
• Any reward realized by a Gamer will be split and has to be claimed by Gamer and Owner;
• Applicable reward split or fixed fee, will be displayed within the Interface;
• Owner can at any time, claim its NFTs back;
• Owner can only claim back the NFTs to the same wallet he/she/it used for the delegation of the NFTs.

2.3 Users can create an account (“Account”) to use the Interface. To create an Account, we will require you to connect your EVM compatible blockchain address and optionally provide certain information about yourself and we may, at our sole discretion, require you to provide further information and/or documents at any stage during your use of the Interface. Information provided by you to create your Account must be accurate and complete. By creating an Account, you agree that you alone will be responsible (to Unbound and to others) for all activity that occurs under your Account.

2.4 Unbound may at its absolute and sole discretion change, update, amend, remove, or discontinue any part of the Interface and the Services at any time without prior notice to you. During updates, unforeseen events (including but not limited to DDoS), upgrades and maintenance of the Interface it might be that the Interface is not accessible for a certain period of time. In non-emergency cases, Unbound will inform the Users by displaying the maintenance break time on the Unbound website.

3. The role of Unbound

3.1 Unbound provides the Interface for deploying NFTs for delegation to use such NFTs for gaming purposes. Unbound does not actively monitor any delegation or the lifecycle of a delegation executed via the Interface and other content which is uploaded by Users on the Interface (the “User Content”).

3.2 Unbound may remove User Content on the Interface at its sole discretion, including but not limited on the grounds that it violates these Terms. For the avoidance of any doubt, Unbound is not in a position to remove the underlying smart contracts. Removing User Content or terminating an Account is not an action Unbound takes lightly, and Unbound may take a while to investigate and determine if User Content or an Account should be removed. It is at Unbound‘s sole discretion whether to discuss the reasons regarding the removal of User Content, including the removal of a User Account.

3.3 Unbound is not a financial institution, creditor and/or charity: the main purpose of the Services is to administrate the Interface. Unbound does not warrant the accuracy, correctness and completeness of the information provided by Users and takes no responsibility for such information. Any and all information provided by Users and/or Unbound and published on the Interface do not constitute legal, financial or investment advice. Information provided by Users and/or Unbound does not replace the advice from qualified advisors and the examination as to whether these crypto assets meet the User’s own requirements in respect of the User’s own objectives, experience and/or knowledge.

3.4 All information and content provided by Unbound relating to the Services is for information purposes only and Unbound does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to serve as financial, legal, tax or other professional advice. You acknowledge that all information and content accessed by you when using the Interface is at your own risk.

3.5 Unbound has no control over the conduct of, or any information provided by, an Owner or a Gamer and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. Unbound offers the Interface to help Users to access the Platform. Unbound does not guarantee that an NFT will be played by a Gamer or that a Gamer earns a reward with Owner’s NFT. There is always the possibility that something unexpected may occur with regard to crypto assets, which could cause the User’s crypto assets to be lost. Unbound strongly recommends to the User only to interact with as many crypto assets as he/she/it is willing to lose. Each User is solely responsible for any decisions made by him/her/itself.

4.0 Custody and fiduciary duties

4.1 You are solely responsible for the custody of the cryptographic private keys to the crypto asset wallets you hold. We do not guarantee any remedy, refund or other forms of compensation in the event that there is any loss of your crypto assets (whether it is due to your own actions / omissions or the acts or omissions of external parties).

4.2 Unbound undertakes to keep all NFTs of the Owners at any time available. Owners herewith agree that Gamers can obtain the exclusive right to use such NFTs through the Platform and the Interface. Unbound ensures that Gamers are unable to further transfer or assign such NFTs and can only play with such NFTs in accordance with the rules of the respective game. All NFTs provided by Owners shall be accounted separately from each other and shall not be commingled with Unbound’s own assets.

5.0 Representations and warranties of the Users

5.1 The Owner hereby represents and warrants (i) that he/she/it is the sole legal and beneficial owner of the NFTs, (ii)that the NFTs are free and clear of any pledge or encumbrance, (iii) are not the proceeds of a crime and (iv) that the Owner of the NFTs has all necessary rights and license to delegate its NFTs.

5.2 The Gamer hereby represents and warrants that he/she/it uses a NFT solely for the purpose of gaming within the applicable game. Any other use of NFTs is prohibited.

6.0 Intellectual Property Rights

6.1 Unless otherwise indicated by us, and except to the extent of the User Content, the website, all content, and other materials contained therein, including, without limitation, the Unbound logo, and all designs, text graphics, pictures, information, data, software, and files relating to the Interface (“Content”) are the proprietary property of Unbound or our affiliates and licensors, or Users, as applicable.

6.2 The Unbound logo and any Interface or service names, logos, or slogans that may appear on the Interface or elsewhere are the proprietary property of Unbound and may not be copied, imitated or used, in whole or in part, without our prior written permission.

6.3 Unless otherwise stated, you may not use any Content without our express written permission.

6.4 We reserve the right to suspend or terminate any Account that has actually or allegedly infringed upon any person’s intellectual property rights.

7.0 Your intellectual property rights

7.1 For the entire period during which your User Content is hosted on the Interface, you grant to Unbound, including the right to transfer to its affiliates, the non-exclusive rights to reproduce, represent, publish, exploit, exhibit, show, market, sub-license, distribute and to technically modify and compress your User Content as is necessary for the purposes of the viewing and/or streaming of your User Content on the Interface.

7.2 By making your User Content accessible on the Interface, you agree to allow any User of the Interface, to view, to use and to share your User Content free-of-charge.

7.3 By making your User Content accessible on the Interface, you grant to Unbound, including the right to transfer to its affiliates, the non-exclusive right to store your User Content and publish it on the Interface at any time at Unbound’s sole discretion, even after a removal or termination of your Account.

7.4 Despite this allowance, your User Content shall always remain your property. Please note that due to the nature of the internet and digital media, data transmitted – including your content – cannot be protected against risks of misappropriation and/or piracy, for which Unbound shall not be liable. You are responsible for taking all appropriate steps to protect your data, where applicable.

8.0 Eligibility

8.1 To access or use the Interface, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction (e.g. eighteen years old) and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Interface.

8.2 You further represent and warrant that you are not (a) the subject of asset freeze, travel ban, financial, economic, human rights, sectoral or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties or (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United Nations. Finally, you represent and warrant that your access and use of the Interface will fully comply with all applicable laws and regulations, and that you will not access or use the Interface to conduct, promote, or otherwise facilitate any illegal activity (including but not limited to activities which are prohibited by applicable AML and CTF regulations). It is your responsibility to assess whether you are prohibited from using the Services or accessing the Interface.

8.3 We reserve the right to choose which markets and jurisdictions to conduct our business and may restrict or refuse, at our sole discretion, access to the website in certain countries or regions.

9.0 Assumption of Risk

9.1 By accessing and using the Interface, you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as bitcoin (BTC), ether (ETH) and other digital tokens. In particular, you understand that blockchain-based transactions are irreversible and in the public domain.

9.2 You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets may lose some or all of their value while they are supplied to the Platform through the Interface, you may suffer loss due to the fluctuation of prices of tokens in a trading pair or liquidity pool, and, especially in expert modes, experience significant price slippage and cost. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. You further acknowledge that we are not responsible for any of these variables or risks, do not own or control the Platform, and cannot be held liable for any resulting losses that you experience while accessing or using the Interface. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Interface to interact with the Platform.

10.0 Data and Privacy

10.1 The records of Unbound are stored on our systems in accordance with standard safety practices and applicable laws.

10.2 The Services may contain links to websites operated by other entities. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Unbound has no responsibility to you with respect to any linked site, and no linked site, regardless of the linking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by Unbound.

10.3 Unbound takes your privacy and the protection of your personal data, collected and processed in connection with your use of the Services very seriously. If you want to find out more about the personal data collected, how we collect it and the related processes, you can check our Privacy Policy, available at any time on the Unbound website.

11.0 Fees / Reward share

11.1 For every transaction you may have to pay “Gas” (fees paid to miners through your independent wallet applications as consideration for mining the Users’ transactions). For every transaction within the Interface (i.e. providing NFTs, claim rewards, reclaim NFTs), a Gas fee may apply. Gas fees are set by you through your independent wallet application, based on the market conditions.

11.2 While Gamers are playing with NFTs, they might earn a reward from the games (the “Reward”). Such reward shall be shared between the Gamer, the Owner and Unbound in order to cover the costs of maintaining the Interface (the “Interface Fee”). The exact split is dependent on the specific NFT and its game. As a general rule, the Gamer receives between 0-50% of the Reward, the Owner receives between 0-50% of the Reward and Unbound receives between 0-50% of the Reward. The applicable Reward split for a specific game will be published via the Interface. The Reward split may be adjusted from time to time at the sole discretion of Unbound. Sometimes a fixed fee might be applicable instead of a Reward share. Such fixed fee for a specific game will be published via the Interface. This fixed fee may be adjusted from time to time at the sole discretion of Unbound.

11.3 If Rewards are airdropped by the Game. Gamers, Owners and Unbound may have to claim their Rewards independently. Rewards received from the Game can be claimed at any time. Users herewith grant Unbound a collection mandate, according to which Unbound undertakes to take over the collection of the Reward. Unbound collects due claims on behalf of its Users as a direct authorized representative.

12.0 Disclaimers

12.1 Gamers / Owners may engage in promotion of their respective User Content through various communications channels such as their social media accounts. Unbound is not responsible for any such communications and/or promotional activities carried out by the Gamers / Owners and will not be liable to you in relation to any such communications and/or promotional activities.

12.2 You bear full responsibility for verifying the identity, legitimacy, economic value and authenticity of NFTs which an owner provides.

12.3 Except as expressly provided to the contrary in writing by Unbound, the Interface, content contained therein, and the NFTs listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. Unbound (and its suppliers) make no warranty that the Interface and its Content will (1) meet your requirements; (2) be available on an uninterrupted, timely, secure, or error-free basis; or (3) be accurate, reliable, complete, legal, or safe.

12.4 Unbound will not be liable for any loss of any kind from any action taken or taken in reliance on material or information contained on the Interface. Unbound does not represent or warrant that any content on the Interface is accurate, complete, reliable, current or error-free.

12.5 While Unbound attempts to make your access to and use of the Interface safe, Unbound does not represent or warrant that the Interface, User Content, any NFTs listed on the Interface or any other part of the Interface are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You acknowledge and accept the inherent security risks of providing information and dealing online over the internet. We will not be responsible for any breach of security unless it is due to our gross negligence.

12.6 We will not be responsible or liable to you for any loss and take no responsibility for, and will not be liable to you for, any use of the interface and content including but not limited to, any losses, damages, or claims arising from: (1) User error such as if you forget your password(s), incorrect transactions, or mistyped addresses; (2) server failure or data loss; (3) corrupted wallet files; (4) loss of tokens of any kind (including but not limited to the NFTs).

12.7 TO THE FULLEST EXTENT PROVIDED BY LAW, Unbound HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INTERFACE AND CONTENT CONTAINED THEREIN. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13.0 Liability

13.1 Unbound cannot be held liable in any way by the Users for direct damages of any nature whatsoever suffered by anyone as a result of or in connection with the Services, unless arising from Unbound’s willful misconduct or gross negligence.

13.2 Unbound’s liability for indirect damages, including but not limited to consequential damages, lost profits, lost savings, reduced goodwill, loss due to business interruption, losses as a result of claims from third parties, and damages in connection with the engagement of third parties by the User, as a result of or in connection with the Services, is excluded.

13.3 Unbound is not liable for any loss arising in the performance of the Services due to Unbound acting on incorrect or incomplete information provided by the User.

13.4 Unbound is not liable for any damage or loss, in any form whatsoever, caused to or by the Services as a result of non-compliance with these Terms, such as, in the event of failure to deliver the Unbound Service on time or in full, due to unforeseen circumstances and/or force majeure, or any other agreed.

13.5 If, for any reason, Unbound is liable, then its liability per incident is limited to an amount equal to the Reward share collected by Unbound in direct relation to such incident.

13.6 You are solely responsible for maintaining all relevant tax records and complying with any reporting requirements you may have as related to your use of the Interface and the Services. You are further solely responsible for independently maintaining the accuracy of any record submitted to any tax authority including any information derived from the Services and the Interface.

14.0 Indemnity

14.1 Insofar as is permitted by law, you shall indemnify and compensate Unbound for any liabilities, damages, losses and costs (including settlement costs and reasonable attorneys' fees) arising from claims of third parties or any of its personnel who suffer damages caused from any breach or alleged breach by you under these terms or if any representation or warranty made hereunder ceases to be true.

14.2 You furthermore indemnify Unbound against all claims of third parties or any of its personnel in connection with damages caused by you.

15.0 Force Majeure

15.1 Unbound may, at its discretion, terminate the Services and any agreement or suspend its execution if, due to circumstances beyond its sphere of influence or of which it was not aware, it temporarily cannot comply with its obligations without being liable to pay any compensation of damages.

16.0 Other

16.1 If Unbound does not enforce parts of these Terms between Unbound and you, this cannot be regarded as a waiver of the right to enforce this against you at a later stage.

16.2 You cannot transfer the rights and obligations under these Terms and/or any agreement between Unbound and you to third parties. Unbound can assign and/or transfer all rights and obligations under these Terms and/or any agreement between Unbound and you to a third party, without consent from you being required.

16.3 If any provision of these Terms is deemed unlawful, void, voidable or otherwise unenforceable, this does not affect the validity and enforceability of the remaining provisions of these Terms. The unlawful, void, voidable or otherwise unenforceable part shall be deemed replaced by a valid and enforceable provision that achieves the aim and scope of the replaced provision closely.

17.0 Amendment and Variation

17.1 These Terms may from time to time be updated or amended. We will post any such updates on the Interface. Such updated Terms as posted will take effect immediately unless otherwise indicated. You should regularly check the Interface to inform yourself of any such changes. In addition, we may at any time change, add or remove any feature or functionality of the Interface without prior notice. By continuing to use Interface after any such changes have taken effect, you are indicating your acceptance of the updated or amended Terms. If you do not wish to be bound by any changes or amendments to these Terms then you should stop using the Interface immediately.

18.0 Applicable law and competent court

18.1 These Conditions and any agreements between Unbound and you are exclusively governed by Swiss law without regard to any choice or conflict of laws rules.

18.2 Unless contrary to mandatory law, all disputes and claims arising out of or in connection with these Terms and/or an agreement must be submitted solely to the competent court in Zug, Switzerland.

19.0 Queries, remarks and suggestions

For any queries, remarks or suggestions, please contact Unbound using the contact details below or via the contact form on the Interface and/or website.

Unbound AG, Baarerstrasse 10, 6300 Zug, Switzerland

Email address: welcome@unboundnation.io