Terms of Service

Please read these Terms of Service (the “Terms”) and our Privacy Policy carefully because they govern your use of the website, the user interface, and other offerings located at apechain.com (the “Site”) offered by Ape Foundation (“Ape Foundation,” “we,” “our”). To make these Terms easier to read, the Site and our services are collectively called the “Interface.” The Interface may facilitate interaction with decentralized cryptographic protocols maintained by third-party open-source communities which we do not own or control (the “Protocol”).

IMPORTANT NOTICE REGARDING ARBITRATION: BY ACCEPTING THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND APE FOUNDATION THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 16 WILL NOT APPLY TO YOU, BUT THE PROVISIONS OF SECTION 15 (GOVERNING LAW AND FORUM CHOICE) WILL STILL APPLY.

BY USING THESE SERVICES YOU REPRESENT THAT YOU ARE NOT A RESTRICTED PERSON AS DEFINED BELOW AND ARE NOT A PERSON OR ENTITY WHO IS RESIDENT IN, IS A CITIZEN OF, IS LOCATED IN, IS INCORPORATED IN, OR HAS A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY AS DEFINED BELOW.

By using our Interface, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Interface.

Please review our Privacy Policy, which also governs your use of the Interface, for information on how we collect, use, and share your information.

We may update the Terms, including any addendum terms, from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them, or you use the Interface. If you continue to use the Interface after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Interface anymore. Because our Interface is evolving over time we may change or discontinue all or any part of the Interface, at any time and without notice, at our sole discretion.

For certain features of the Interface, you’ll need an to create a YugaID account. You’re responsible for all activities that occur under your YugaID account. The Interface is only offered to users in certain jurisdictions who can use the Interface as permitted under applicable law. You certify that you will comply with all applicable laws, rules, and regulations when using the Interface. Without limiting the foregoing, by using the Interface, you represent and warrant that: (a) You are at least 18 years old and capable of forming a binding contract; (b) You are not a resident, national, or agent of Cuba, Iran, North Korea, Syria, Belarus, Russia, and the Crimea, Luhansk, Donetsk, Zaporizhzhia, and Kherson regions of Ukraine, or any other country or jurisdiction to which the United States, the United Nations Security Council, or the European Union embargoes goods or imposes similar sanctions (collectively, “Restricted Territories”); (c) You are not a member of any sanctions list or equivalent established by the Cayman Islands, United States, the United Nations Security Council, or the European Union (collectively, “Restricted Persons”) and you do not intend to transact with any Restricted Person; and (d) You do not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Interface.

Certain activities you participate in through the Interface may allow you to accrue points or other incentives (“Points”) through a points program (the “Points Program”). Your participation in the Points Program may be subject to additional terms set forth by Ape Foundation from time to time. Any Points you accrue are nontransferable and may entitle you to entitlements or incentives offered by third parties. If you choose to accept any third-party entitlements or incentives, you agree to comply to the terms set forth by such third parties.

(a) Third Party Fees. There are no fees associated with your use of the Interface; however, any activity or transaction you interact with in connection with your use of third party services may incur a fee. You agree to pay all fees associated with any third party service. (b) Tax Records and Reporting. You are solely responsible for all costs incurred by you in using the Interface, and for determining, collecting, reporting, and paying all applicable Taxes that you may be required by law to collect and remit to any governmental or regulatory agencies. As used herein, “Taxes” means the taxes, duties, levies, tariffs, and other charges imposed by any federal, state, multinational or local governmental or regulatory authority. We reserve the right to report any activity occurring using the Interface to relevant tax authorities as required under applicable law. You are solely responsible for maintaining all relevant Tax records and complying with any reporting requirements you may have as related to our Interface. You are further solely responsible for independently maintaining the accuracy of any record submitted to any tax authority including any information derived from the Interface. (c) Costs and Fees. Each party shall be responsible for all Taxes imposed on its income or property. In addition, you agree to pay any applicable fees, including Transaction Fees and hosting fees, in connection with transactions on the Interface. “Transaction Fees” mean the fees required to execute any Protocol transaction, such as gas fees.

We may make available through the Interface content that is subject to intellectual property rights. We retain all rights to that content. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Interface (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it (and permit others to use it) without any restriction or compensation to you.

You agree not to do any of the following: (a) Engage in or induce others to engage in any form of unauthorized access, hacking, or social engineering, including without limitation any distributed denial or service or DDoS attack, of Ape Foundation, the Interface, or any users of the foregoing; (b) Use, display, mirror or frame the Interface or any individual element within the Interface, Ape Foundation’s name, any Ape Foundation trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Ape Foundation’s express written consent; (c) Access, tamper with, or use non-public areas of the Interface, Ape Foundation’s computer systems, or the technical delivery systems of Ape Foundation’s providers; (d) Attempt to probe, scan or test the vulnerability of any Ape Foundation system or network or breach any security or authentication measures; (e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Ape Foundation or any of Ape Foundation’s providers or any other third party (including another user) to protect the Interface; (f) Attempt to access or search the Interface or download content from the Interface using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Ape Foundation or other generally available third-party web browsers; (g) Use any meta tags or other hidden text or metadata utilizing a Ape Foundation trademark, logo, URL or product name without Ape Foundation’s express written consent; (h) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Interface; (i) Use the Interface for benchmarking or analysis in a manner that could, directly or indirectly, interfere with, detract from, or otherwise harm the Interface or the Protocol; (j) Impersonate or misrepresent your affiliation with any person or entity; (k) Create or list any counterfeit items (including digital assets); (l) Fabricate in any way any transaction or process related thereto; (m) Engage or assist in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of any unlawful activity (including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Interface); (n) Engage in wash trading or other deceptive or manipulative trading activities; (o) Disguise or interfere in any way with the IP address of the computer you are using to access or use the Interface or that otherwise prevents us from correctly identifying the IP address of the computer you are using to access the Interface; (p) Transmit, exchange, or otherwise support the direct or indirect proceeds of criminal or fraudulent activity; (q) Violate any applicable law or regulation; or (r) Encourage or enable any other individual to do any of the foregoing. Ape Foundation is not obligated to monitor access to or use of the Interface or to review or edit any content. However, we have the right to do so for the purpose of operating the Interface, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Interface. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

The Interface may allow you to access third-party websites, integrations, or other resources, including the Protocol, third party applications deployed to the Protocol, (collectively, “Third party Resources”). We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources. Our provision of access to Third party Resources does not constitute approval, endorsement, or control of such Third party Resource.

We may suspend or terminate your access to and use of the Interface, including suspending access to the Interface, at our sole discretion, at any time and without notice to you. You acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us or any third party, to the fullest extent permitted by applicable law. Upon any termination, discontinuation or cancellation of the Interface, the following Sections will survive: 7 and 10-17.

THE INTERFACE AND ANY CONTENT CONTAINED THEREIN IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE INTERFACE WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE INTERFACE. APE FOUNDATION FURTHER EXPRESSLY DISCLAIMS ALL LIABILITY OR RESPONSIBILITY IN CONNECTION WITH THIRD PARTY SERVICES. NOTHING HEREIN NOR ANY USE OF OUR INTERFACE IN CONNECTION WITH THIRD PARTY SERVICES CONSTITUTES OUR ENDORSEMENT, RECOMMENDATION OR ANY OTHER AFFILIATION OF OR WITH ANY THIRD PARTY SERVICES. APE FOUNDATION DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT ON THE INTERFACE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE 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. APE FOUNDATION CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE INTERFACE, ANY CONTENT THEREIN, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY. APE FOUNDATION WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF THE INTERFACE, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, EXCEEDING TRANSFER LIMITS OF THIRD PARTY RESOURCES OR THE PROTOCOL, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) BLOCKCHAIN NETWORKS, CRYPTOCURRENCY WALLETS, CORRUPT FILES, SOFTWARE ERRORS, OR BUGS; (IV) UNAUTHORIZED ACCESS TO THE INTERFACE; OR (V) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST ANY BLOCKCHAIN NETWORK UNDERLYING THE INTERFACE. THE INTERFACE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE INTERFACE AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE INTERFACE CAUSED BY SUCH FACTORS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU BUT OTHERS REMAIN IN EFFECT. You understand that your use of the Interface and Protocol is entirely at your own risk. The Interface and access to the Protocol are available on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement. You assume all risks associated with using the Interface and Protocol, and digital assets and decentralized systems generally, including but not limited to, that digital assets are highly volatile; you may not have ready access to assets; and you may lose some or all of your tokens or other assets. You agree that you will have no recourse against Ape Foundation for any losses due to your use of the Interface and Protocol. For example, these losses may arise from or relate to: (i) lost funds; (ii) server failure or data loss; (iii) corrupted digital wallet files; (iv) unauthorized access; (v) errors, mistakes, or inaccuracies; or (vi) third-party activities.

You accept, acknowledge and assume the following risks: (a) You are solely responsible for determining what, if any, Taxes and Transaction Fees apply to your transactions through the Interface. Neither Ape Foundation nor any Ape Foundation affiliates are responsible for determining the Taxes that apply to such transactions. (b) There are risks associated with using Internet based digital assets, including but not limited to, the risk of hardware, software, and Internet connection and service issues, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your digital wallet. Ape Foundation will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when effecting transactions involving supported digital assets, however caused, including Transaction Fees paid or payable in connection therewith. (c) By accessing and using the Interface, you represent that you 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 tokens such as, bitcoin (BTC), ether (ETH), and other digital tokens such as those following the Ethereum Token Standard (ERC-20). You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase at any time. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using and interacting with the Interface.

You will indemnify, defend (at Ape Foundation’s option) and hold Ape Foundation and its affiliates and their respective officers, directors, supervisors, contractors and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with: (a) your access to or use of the Interface, (b) your User Content, or (c) your violation of these Terms. You may not settle or otherwise compromise any claim subject to this Section without Ape Foundation’s prior written approval.

(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER APE FOUNDATION NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE INTERFACE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE INTERFACE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT APE FOUNDATION OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. (b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, IN NO EVENT WILL APE FOUNDATION’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE INTERFACE EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO APE FOUNDATION FOR USE OF THE INTERFACE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO APE FOUNDATION, AS APPLICABLE. (c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN APE FOUNDATION AND YOU.

These Terms will be governed by and construed in accordance with the laws of the Cayman Islands without regard to its conflict of laws provisions.

(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Interface (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Ape Foundation agree that the Cayman Islands Arbitration Law governs the interpretation and enforcement of these Terms, and that you and Ape Foundation are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. (b) Exceptions. As limited exceptions to Section 16(a) above: (i) You and Ape Foundation both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) The parties retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. (c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the Cayman Islands Mediation & Arbitration Centre (CI-MAC) and governed by the Arbitration Act (as amended) of the Cayman Islands. Any arbitration hearings will take place in the county (or parish) where you live, unless the parties agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. The arbitration shall be conducted in the English language and the place of arbitration shall be in the Cayman Islands. The number of arbitrators shall be one. (d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by CI-MAC, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. (e) Injunctive and Declaratory Relief. Except as provided in Section 16(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration. (f) Class Action Waiver. YOU AND APE FOUNDATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void. (g) Severability. With the exception of any of the provisions in Section 16(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

(a) Reservation of Rights. Ape Foundation and its licensors exclusively own all right, title and interest in and to the Interface, including all associated intellectual property rights. You acknowledge that the Interface is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Interface. (b) Entire Agreement. These Terms, including any addendum terms, constitute the entire and exclusive understanding and agreement between Ape Foundation and you regarding the Interface, and these Terms supersede and replace all prior oral or written understandings or agreements between Ape Foundation and you regarding the Interface. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Ape Foundation’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, will be null. Ape Foundation may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. (c) Notices. Any notices or other communications provided by Ape Foundation under these Terms will be given: (i) via email; or (ii) by posting to the Interface. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. (d) Waiver of Rights. Ape Foundation’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Ape Foundation. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.