Terms and Conditions

Effective Date: [20.03.2024]

Welcome to the Foundation! By using our app, you agree to these Terms of Service (the "Terms"). These Terms of Use (the “Terms”) govern your access and use of products and services offered by Foundation and the User concerning the Platform (“Platform”), websites, mobile applications, X connection and/or products, content and services. Please carefully read the following Terms before using the Platform so that you are fully aware of your legal rights and obligations

The term “us”, “we,” or “our”, refers to Foundation, the owner of the Platform. The term “you” refers to any User of the Platform.

1. Acceptance of Terms

By accessing or using the Foundation App, you agree to be bound by these Terms, including any additional terms and conditions referenced herein. If you do not agree to these Terms, you must not access or use our app.

The Foundation reserves the right to update and change the Terms at any time. You can always review the last updated version of the Terms at the Platform and/or website.

DEFINITIONS:

“Platform” means the mobile application or the browser-based platform, offered by foundation in its latest version, and all documentation, Content, and Services that will be made available by us to you; “User” means any person or entity installing, accessing or using the Platform; “Account” means an account opened by the User on the Platform; “Content” means any input or data displayed or otherwise available on the Platform, whether published and/or uploaded and/or posted by us, by you or by any other person or entity; “External sites” means any third-party websites, plug-ins or applications, including Games; “Xp” means points that is earned while interacting with quest or by other means on the Platform; “Services” means all services provided through the Platform. ELIGIBILITY The Terms are effective as of the moment you first install, access or use the Platform. Access or use of the Platform indicates your acceptance of the terms and conditions contained herein and you agree to be bound by these Terms with respect to your access and use of the Platform, unless a User is terminated as described below.

To access some of the Services, you may have to sign up and create an account. You must have a valid email address or login details you make via a third party to create an account. Eligibility for an account and to use our Services is subject to (i) your information is truthful and will remain accurate and complete (ii) you have the legal capacity to agree to these Terms (iii) you are at least 18 years old (iv) the Platform and Services are available in your country and your use of them does not violate any applicable law. ACCESS Foundation hereby grants the User a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install, access the Platform and to use the Services by User’s private noncommercial use in the light of these Terms.

IDENTITY VERIFICATION Foundation may require in order to provide accurate Services user identity information before accessing the Platform or using certain Services. Promptly following Foundations request, user should provide Foundation with required information, including the Users full name data to process KYC & KYB procedure. The User hereby represent, warrant, and covenant that such Content is accurate, current, and complete. Foundation reserves the right to suspend user profile and account until KYC & KYB of user will be verified pursuant and to terminate Account if user fails to comply with KYC obligations. The User acknowledges and authorize Foundation and its team to make such investigative inquiries and request such third-party reports as it deems necessary to verify User’s identity and that of User’s principals and other agents.

AVAILABILITY OF SERVICES The Foundation offers XPs that can be redeemed for rewards when users wants to claim his reward. We are constantly changing and improving our Services and may at any time add or remove functionalities or features of the Service. New features or tools added to the Services will become subject to these Terms.

We do not guarantee that all Services will be available at all times, in all locations, due to technical, regulatory, and other restrictions. You may not use any technology or technique, such as a VPN service, to obscure or disguise your location. We may use technologies to verify your geographic location and restrict access to the Services from other locations.

The User may not use Foundations Services if the User (i) are located in a country that is subject to any sanctions by the U.S. or other similar authority (“Sanctioned Country”) (ii) are subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury or the Consolidated Canadian Autonomous Sanctions List), the European Union or its Member States or other applicable government authority. Any violation of this section may result in loss of features, up to and including termination of User’s account.

The Foundation is not liable for any delay or failure to perform under the Terms resulting from causes beyond Foundation`s reasonable control, such as acts of God, war, government mandates, pandemics, failure of transportation, communication or suppliers of goods or services, cyberattacks.

CONTENT AND DATA OF THE USER The User solely responsible for all Content provided, uploaded, submitted, or posted to, or generated through access to or use of the Platform including by connecting or communicating with other Users (“Your Content”). The User’s responsibility for Content extends to resolving any disputes that may arise between the User or any person because of Content.

By providing, uploading, submitting, posting, or generating Content, the User grants Foundations and its authorized representatives and contractors a perpetual and non-exclusive right and license to use, process, store, and transmit, and disclose the User’s Content (a) to provide the Services and fulfill other obligations described under these Terms (b) to further develop and provide services for Foundations customers. The User understands that in certain contexts its Content may be visible to, sent to, and viewed by other Users and you expressly waive any privacy rights you may otherwise have in User’s Content in such contexts.

The User agrees to allow us, if we elect in our sole discretion, to provide its Content to other Users in connection with identity verification Services, described below. The User represent, warrant, and covenant that its Content: (a) does not violate the Terms or any applicable laws (b) is not libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy (c) does not constitute an infringement or misappropriation of the intellectual property rights or other rights of any third-party (d) is not an advertisement or solicitation of funds, goods, or services (e) is not false, misleading, or inaccurate (f) could not be considered junk mail, spam, a part of a pyramid scheme, a disruptive commercial message or disruptive advertisement.

Foundation is not responsible or liable for any deletion, correction, destruction, damage, loss or failure to store or back-up any of User’s Content. The User agree that all right, title, interest and consent in User’s Content to allow Foundation to use Users Content to the Foundation.

The Foundation may collect User’s information about device, connectivity and use of the Services to allow us to validate eligibility for an account, run Promotions, determine your level of Rewards, and identify bugs and crashes that may affect User’s use of the Services.

To prevent fraud at redemption, we may require Users to share exact geolocation with us and/or provide access to a video-selfie. The User can continue to use all other features of the Services without performing the required human/identity verification. However, the User may be unable to redeem Rewards in the catalog.

REWARDS Users of Foundation earn XPs and Mining rewards in exchange for, completing tasks, Mining, referral’s and participating in educational events and others.

The specific requirements to earn XPs may be viewed within the Services or where we present an opportunity for the User to earn XPs. Restrictions apply to earning XPs, mining and ultimately Rewards, including (i) User’s ability to participate in the campaign Program itself (ii) the allowable frequency of activities (iii) the number of XPs the User can earn for a given activity (iv) the activities or Rewards available (v) the number of XPs required for particular Rewards (vi) the number of XPs or Rewards the User can earn during a given time frame.

To redeem XPs for Rewards, the User will have to visit the dashboard within the Services to see available XPs and select from the available options once the reward process goes live.

X Authorization

By using the Foundation Mining App, you authorize us to access your X account through the X API. This authorization allows our app to read your posts and profile information, as well as read and post messages on your behalf. The scope of access includes but is not limited to, reading your profile information, posts, and messaging capabilities. You can manage the connectivity between the Foundation Mining App and your X account at any time through the app settings. This includes the ability to limit or revoke access.

Any account, device or User that appears to operate contrary to indicated actions above or in the Terms will be valued as material breach of this Agreement and may be suspected of, and reported to the authorities for, fraudulent activity. In addition, the Foundation may remove any Rewards, suspend access to an account or permanently block an account or device of the User which acts contrary to the appropriate user conduct guidelines.

TITLE & OWNERSHIP The Foundation holds ownership to all right, title and interest, including any and all intellectual property rights, confidential information and all components of the Platform, products or Services, including without limitations applications, website and/or software, and all modifications, enhancements, improvements, marketing content and/or derivatives to any of the foregoing which cannot be used without written approval of the Foundation.

PRIVACY & DATA SECURITY The Foundation and the User hereby undertakes to comply with all privacy laws applicable thereto. Without derogating from the generality of the foregoing, each Party hereby undertakes to comply with all applicable privacy laws in all material respects, in connection with any and all data and information which may be collected by it under the use of Platform and Services. Each Party further agrees to utilize administrative, physical, and technical safeguards designed to protect any and all sensitive or personal data from unauthorized access, disclosure, acquisition, destruction, use, or modification, to adhere to any applicable law relating data security, and to maintain an adequate cybersecurity framework based on and consistent with industry standards.

BETA VERSION For any Service that is identified by us as a "beta" version ("Beta Version"), the User acknowledges and agree that a Beta Version may contain more or fewer features than the final release of the Service. We reserve the right, in our sole discretion, not to release a final release of the Beta Version or to alter its features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics. Beta Version may not be suitable for production use and may contain errors affecting proper operation and functionality until release of Final Version. The User acknowledges and agrees that in no event shall Foundation be liable for damages, including any losses as a result of a failure of any Beta Version use by the User.

WARRANTIES AND LIMITATION OF LIABILITY In no event (excluding such Party’s willful misconduct or gross negligence) shall either Party has any liability to the other party for any indirect, special, incidental, punitive, or consequential damages, however caused, or for any lost profits, loss of use, cost of data reconstruction, cost or procurement of substitute goods or services, whether in contract, tort or otherwise, arising out of, or in any way connected with the Terms.

The User and the Foundation represents and warrants to the other Party that: (i) it has the full right, power and authority to enter into and perform its obligations under the Terms (ii) its entry into and performance of the Terms, and the other Party’s exercise of its rights hereunder, will not (a) conflict with or result in a breach or violation of any of terms or provisions of (or constitute a default under) any agreement or privacy policy by which it is bound, or (b) otherwise breach any other obligation or duty that it owes to a third party; and (iii) it will comply with all applicable laws, regulations, consent decrees, privacy policies, terms of use as well as other agreements with its users in its performance of the Terms.

The Foundation further represents and warrants towards the User that (i) it is the owner or is licensed to use the entire content of the Platform and Content, and such do not infringe upon the intellectual property, property or privacy rights of any third party and (ii) the Platform and Content do not contain any content that by its nature may be reasonably deemed as objectionable, including without limitations content that is harmful, threatening, defamatory, obscene, harassing, promotes discrimination or illegal activities, contains profanity or software viruses, Trojan horses, worms, unlawful pop-up advertising, spyware, malware or other computer instructions, devices, or techniques that erase data or programming, infect, disrupt, damage, disable, or shut down a device system or any component of such device system.

The User shall defend, indemnify, and hold harmless the Foundation and each of their respective employees, officers, directors, and representatives from and against any claims, liabilities, settlements, disputes, damages, losses costs and expenses (including, without limitation, direct and indirect costs and expenses) arising out of or relating to: User’s breach of the Terms or violation of applicable law; any use of your Account, the Platform, and the Services by any user including yourself; User violation of any laws; the breach or non-fulfillment of any representation and warranty or covenant made by the User in these Terms; User’s provision of false, incomplete or misleading information (including, without limitation, citizenship, residency, nationality or email address); and/or Users negligence, fraud or misconduct. Foundation reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and the User agrees to cooperate with our defense of these claims. The User agrees not to settle any matter without the prior written consent of Foundation. The Foundation will use reasonable efforts to notify the User of any such claim, action or proceeding upon becoming aware of it. TERMINATION The User may stop using the Services at any time, for any reason, by deleting account at the Foundation Platform or discontinue use of any or the Services.

The Foundation may use the right to temporarily suspend or permanently terminate account of the User if (i) the Foundation are required to do so to comply with a legal requirement (ii) the Foundation believe with reason that there has been conduct that creates harm to the Foundation, user or third party (iii) the User materially or repeatedly breach the Terms (iv) the Foundation may terminate without notice any account which has been inactive for a consecutive period of twelve (12) months (v) Upon termination of the Terms, the User shall cease all use of the App and/or the Services.

In the event that the Foundation suspend or terminate the User’s account and use of the App and/or the Services, the User acknowledges and agrees that will not receive any refund, including for any unused Credits and/or Rewards.

GOVERNING LAW The Terms are governed and construed in accordance with the law of Germany and the parties hereby submit to the exclusive jurisdiction of the courts of Germany.