PairedWorld: Terms of Use
Version 1
Last update 19/12/2023
1. PairedWorld
Goal of the PairedWorld Foundation is creating sustainable
incentives for human interactions by uniting and developing existing digital networks (e.g.,
networks of NFT collectors, sport projects, etc.) into one global network with real-life
human connections and shared human experiences (“PairedWorld Ecosystem”). For this
purpose, PairedWorld provides a novel mechanism allowing token incentivised social
interaction via a mobile application (“w3meet App”), which is being released in an alpha
test version.
IMPORTANT NOTICE: THE W3MEET APP IS CURRENTLY IN ALPHA TESTING,
WHICH MEANS THAT IS STILL UNDER SUBSTANTIAL DEVELOPMENT AND LIKELY
CONTAINS ERRORS, BUGS OR OTHER ISSUES THAT COULD AFFECT ITS
FUNCTIONALITY AND PERFORMANCE.
The w3meet App is provided as a test version only and therefore on an "as is" and "as
available" basis. The Company make no warranties, express or implied, regarding the
reliability, suitability or availability of the w3meet App. The Company will not be liable for
any damages, losses or interruptions caused by the use of the w3meet App or any
malfunctioning / non-functioning of the w3meet App.
These Terms of Use (“Terms”) govern the rights and obligations of users (“User(s)”) when
using the alpha version of the w3meet App.
2. Accepting the Terms of Use
These Terms, together with any documents expressly incorporated by reference, govern
the access and use of the w3meet App. By using the w3meet App, the User agrees to be
bound by these Terms and all the terms incorporated herein by reference.
The Company reserves the right to change or modify these Terms at any time in its own
and sole discretion. All changes are effective immediately when communicated on the
website or other channels chose by the Company. By continuing to access or use the
w3meet App, the User confirms that he accepts the updated Terms and all of the terms
incorporated therein by reference.
3. w3meet App and Access
3.1 User Profile and Soul Token
In order to access the w3meet App, the User is required to create a user profile, provide
general information (e.g., name, e-mail, address, age, gender, interests etc.) and connect
his personal wallet to the user account.
To participate in the PairedWorld Ecosystem, the User must hold an individualised Soul Token.
Soul Tokens are not transferable (EIP-5484 – soulbound token) and serve as identity of
the Users in the PairedWorld Ecosystem. Soul Tokens consist of 10 different levels of “Souls”, each
signalling a different status and reputation (similar to a membership level) in the PairedWorld
Ecosystem.
Users shall not be permitted to make their account accessible to third parties and Users
remain responsible for any and all use and activities performed via or in connection with
their account. Users agree to immediately notify the Company, if they discover or
otherwise suspect any security issues related to their account.
Users must provide true, accurate, current and complete information when using the
w3meet App. In particular, when Users create an account, they must provide true,
accurate, current and complete information about themselves, and must maintain and
promptly update such information as necessary.
3.2 No Wallet Provision
To use PairedWorld the w3meet App must be connected to a third-party wallet (e.g.,
MetaMask) and the wallet is subject to the terms and conditions of the respective third-
party wallet provider. The Company does not provide a wallet solution and has no control
over the Private Keys of the Users. Users are solely responsible for the security of their
wallet.
3.3 Third-Party Events and Social Interaction among Users
Users can create events on the w3meet App for real-life interactions with other Users.
The Company has no control and is not responsible for such third-party events.
The Company shall not be liable for any damages, losses, or injuries arising from or
related to social interactions between Users on events created by using the w3meet App.
User(s) understand and accept that engaging in social interactions on events created by
using the w3meet App is solely at their own risk, and the Company bears no
responsibility for the actions, behaviour, or conduct of other Users. Users are advised to
exercise caution, discretion, and use their best judgment when participating in any events
created by the w3meet App.
3.4 Fees
All transactions made in relation to the PairedWorld Ecosystem and/or the w3meet App, are
facilitated by smart contracts on the Ethereum blockchain. The Ethereum blockchain
requires the payment of a transaction fee (“Gas Fee”) for every transaction that occurs on
the blockchain, and thus every such transaction requires the payments of Gas Fees as
well. The value of the Gas Fee changes, often unpredictably, and is entirely outside of the
control of the Company. User also acknowledges and agrees that the Gas Fee is non-
refundable under all circumstances. It is at the sole responsibility of the Users to inform
themselves about applicable fees and to pay such fees.
4. Intellectual Property Rights
4.1 Rights in the w3meet App
Every User acknowledges and agrees that the w3meet App, including its “look and feel”
(e.g., graphics, design, text, images, logos, page headers, button icons, and scripts),
proprietary content, information and other materials, and all content and other materials
contained therein, including, without limitation, the Company logo and all designs, text,
graphics, pictures, data, software, sound files, other files, and the selection and
arrangement thereof are the proprietary property of the Company or its affiliates,
licensors, or users, as applicable, and the User agrees not to take any action(s)
inconsistent with such ownership interests. The Company and its affiliates, licensors, and
users, as applicable, reserve all rights in connection with the w3meet App and its content,
including, without limitation, the exclusive right to create derivative works. Except as
expressly set forth herein, User’s use of the w3meet App does not grant to User
ownership of any other rights with respect to any content, code, data or other materials
that User may access on or through the w3meet App.
4.2 Rights to User’s Content
Every User is solely responsible for all the information User provided to the Company
and/or published via w3meet App (“User’s Content”). By using the services of the
Company and by making any User’s Content available on the w3meet App, User hereby
grants to the Company a non-exclusive, transferable, sub-licensable, worldwide, royalty-
free license to use, copy modify, create derivative works based upon, distribute, publicly
display and publicly perform User’s Content in connection with operating and providing
the Company services for any current and future business purposes of the Company.
Every User represents and warrants that it has and will have all rights that are necessary
to grant the Company the license rights in User’s Content under these Terms. The User
further represents and warrants that neither its User’s Content, nor its use and provision
of its User’s Content to be made available through or on the w3meet App, nor any use of
its User’s Content by the Company on or through the w3meet App will infringe,
misappropriate or violate a third party’s intellectual property rights, or rights of publicity or
privacy, or result in the violation of any applicable law or regulation.
4.3 User’s License to Access and Use the w3meet App
Users are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable
license to access and use the services provided at the w3meet App, however, such
license is subject to User’s compliance with these Terms.
5. Code of Conduct
The Company may issue rules for the use of the w3meet App and amend them at its own
and sole discretion (“Code of Conduct”). Users are obliged to inform themselves about
the current version of the Code of Conduct and assure that they comply with the Code of
Conduct.
6. Communication
Users agree and understand that the Company will communicate with Users via
electronic means. Users agree to keep their e-mail address current and to notify the
Company of any changes. Users agree that any notices, agreements, disclosures, or
other communications delivered to their email address is considered valid.
7. Representations and Warranties of the User
The User represents and warrants to the Company the following, and acknowledges that
the Company is relying on these representations and warranties:
▪ User is duly organised, validly existing and in good standing under the laws of its
domicile;
▪ User has the full right, power and authority to use the w3meet App and related
smart contracts and accept this Terms;
▪ User owns, or has secured all rights (including intellectual property rights),
consents, clearances and approvals necessary to be able to grant the rights
granted hereunder;
▪ User is not listed, or associated with any person or entity listed, on any of the US
Department of Commerce’s Denied Persons or Entity List, the US Department of
Treasury’s Specially Designated Nationals or Blocked Persons Lists, the US
Department of State’s Debarred Parties List, the EU Consolidated List of Persons,
Groups and Entities Subject to EU Financial Sanctions, or the Swiss SECO’s
Overall List of Sanctioned Individuals, Entities and Organisations, and neither the
User nor any of its affiliates, officers or directors is a resident of a country or
territory that has been designated as non-cooperative with international anti-
money laundering principles or procedures by an intergovernmental group or
organisation, such as the Financial Action Task Force on money laundering;
▪ User confirms not to be resident of, citizen of or located in a geographic area that
is subject to UN-, US-, EU-, Swiss or any other sovereign country sanctions or
embargoes;
▪ User is capable of evaluating the merits and risks of agreeing to these Terms and
using the w3meet App;
▪ User has a deep understanding of the functionality, usage, storage, transmission
mechanisms and intricacies associated with cryptographic tokens, like BTC and
ETH, and blockchain-based software systems;
▪ User has been advised that the use of the w3meet App and related smart
contracts and the tokens to be issued and/or transferred by/to/from the User
hereunder may, in certain jurisdictions, be considered securities, and that such
issuance and/or transfer may be subject to securities laws.
▪ All information provided by the User within any registration process linked to the
setup of a User’s profile or the use of the w3meet App is true, current, accurate
and complete and User does not act on behalf of any third party;
▪ User is using the w3meet App and/or related smart contracts in line with the Code
of Conduct, as amended from time to time, and under no circumstances for any
illegal purposes;
▪ USER HEREBY WAIVES THE RIGHT TO PARTICIPATE IN ANY CLASS-
ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST ANY ENTITY OR
INDIVIDUAL INVOLVED IN THE DEVELOPMENT OR PROVISION OF THE
W3MEET APP AND/OR RELATED SMART CONTRACTS;
▪ User understands and expressly accepts that there is no warranty whatsoever on
the w3meet App and/or related smart contracts, expressed or implied, to the
extent permitted by law, and that the use of the w3meet App at the sole risk of the
User on an “as is” and “under development” basis and without, to the extent
permitted by law, any warranties of any kind, including, but not limited to,
warranties of title or implied warranties, merchantability or fitness for a particular
purpose. User is aware that it will not receive money or any other compensation
for any damages he might incur in connection with the use of the w3meet App;
▪ User understands and accepts that it has not relied on any representations or
warranties made by the Company or any other person outside of those made in
these Terms, including but not limited to, conversations of any kind, whether
through oral or electronic communication, or any presentation, technical paper,
whitepaper, social media content or website posting;
▪ User is of legal age in the jurisdiction applicable to him and that he has the right,
authority and capacity to enter into these Terms;
▪ User has not granted any other party any rights that conflict with the rights granted
herein.
8. Indemnifications
User agrees to the fullest extent permitted by applicable law, to indemnify, defend, and
hold harmless the Company, and its respective past, present, and future employees,
officers, directors, contractors, consultants, equity holders, suppliers, vendors, service
providers, parent companies, subsidiaries, affiliates, agents, representatives,
predecessors, successors, and assigns (individually and collectively, the “Company
Parties”), from and against all actual or alleged claims, damages, awards, judgments,
losses, liabilities, obligations, penalties, interests, fees, expenses (including, without
limitation, attorneys’ fees and expenses), and costs (including, without limitation, court
costs, costs of settlement, and costs of pursuing indemnification and insurance), of every
kind and nature whatsoever, whether known or unknown, foreseen or unforeseen,
matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort,
contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to
property or personal injury, that are caused by, arise out of or are related to (a) User’s use
or misuse of the w3meet App, (b) any Feedback User provides, (c) User’s violation or
breach of these Terms or applicable law, and (d) User’s violation of the rights of or
obligations to a third-party, including another User or third-party, and (e) User’s
negligence or wilful misconduct. User agrees to promptly notify the Company of any
Claims and cooperate with the Company Parties in defending such Claims. User further
agrees that the Company Parties shall have control of the defence or settlement of any
Claims. This indemnity is in addition to, and not in lieu of, any other indemnities as set
forth in a written agreement between User and the Company.
9. Disclaimers
User’s access to and use of the w3meet App and related smart contracts is at its own
risk. User understands and agrees that the service is provided on an “as is” and “is
available” basis and the Company expressly disclaims warranties or conditions of any
kind, either express or implied. The Company and its officers, employees, directors,
shareholders, parents, subsidiaries, affiliates, agents and licensors make no warranty or
representation and disclaim all responsibility for whether the services of the Company: (a)
will meet User’s requirements; (b) will be available on an uninterrupted, timely, secure, or
error-free basis; or (c) will be accurate, reliable, complete, legal, or safe. The Company
disclaims all other warranties or conditions, express or implied, including, without
limitation, implied warranties or conditions of merchantability, fitness for a particular
purpose, title and non-infringement. The Company will not be liable for any kind from any
action taken or taken in reliance on material or information, contained on the w3meet
App. While the Company attempts to make User’s access to and use of the w3meet App
safe, the Company cannot and does not represent or warrant that the service is available
at all times, free of viruses or other harmful components. The Company cannot guarantee
the security of any data that User discloses online. No advice or information, whether oral
or obtained from the Company parties or through the service, will create any warranty or
representation not expressly made herein. User accepts the inherent security risks of
providing information and dealing online over the internet and will not hold the Company
responsible for any breach of security.
The liability of the Company for direct and indirect damages – regardless of the legal
ground – is expressly excluded to the maximum extent permitted by law. Likewise,
contractual liability for actions or omissions of auxiliary persons as well as non-
contractual liability of the Company is excluded to the maximum extent permitted by law.
The Company will not be responsible or liable to User for any loss and take no
responsibility for, and will not be liable to User for, any use of the PairedWorld App and
related smart contracts, events of third-parties, content, and/or content linked to or
associated with any losses, damages, or claims arising from: (a) User error, incorrectly
constructed transactions, or mistyped addresses; (b) server failure or data loss; (c)
unauthorized access or use; (d) any unauthorized third-party activities, including without
limitation the use of viruses, phishing, bruteforcing or other means of attack against the
service.
The Company is not responsible or liable for any sustained losses or injury due to
vulnerability or any kind of failure, abnormal behaviour or software (e.g., wallet, smart
contract), the PairedWorld App and related smart contracts. The Company is not responsible
for losses or injury due to late reports by developers or representatives (or no report at
all) of any issues with the PairedWorld App and/or related smart contracts.
The foregoing does not affect any warranties that cannot be excluded or limited under
applicable law. To the extent the Company may not, as a matter of applicable law,
disclaim any (implied) warranty, the scope and duration of such warranty shall be the
minimum permitted by applicable law.
The services of the Company may rely on third-party software. If the Company is unable
to maintain a good relationship with such third parties; if the terms and conditions or
pricing of such third parties change; if the Company violates or cannot comply with the
terms and conditions of such third parties; or if any of such third parties loses market
share or falls out of favour or is unavailable for a prolonged period of time, access to and
use of the PairedWorld App and/or related smart contracts may suffer.
10. Risks
User accepts and acknowledges the risks connected to the use of the PairedWorld App and
related smart contracts. In particular, but not exhaustively, the User understands the
inherent risks listed hereinafter. By using the PairedWorld App and/or related smart contracts,
the User acknowledges and assumes these risks:
10.1 Risk of Software Weaknesses
The User understands and accepts that the PairedWorld App and related smart contracts,
other involved software and technology as well as technical concepts and theories are
still unproven in a live (non-test-)environment, which is why there is no warranty that the
process for the initiation of the PairedWorld and issuing, receiving, use and ownership of
the tokens will be uninterrupted or error-free and there is an inherent risk that the
software and related technologies and theories could contain weaknesses, vulnerabilities
or bugs causing, inter alia, the complete loss of the tokens.
The User particularly understands and accepts that the PairedWorld App and related smart
contracts are (once deployed) fully decentralised and immutable and that, as a
consequence, it may be difficult or impossible to cure software weaknesses.
The User understands and accepts that the PairedWorld App is alpha version and is still
under substantial development and likely contains errors, bugs or other issues that could
affect its functionality and performance. The PairedWorld App is provided as a test version only
and therefore on an "as is" and "as available" basis. The Company make no warranties,
express or implied, regarding the reliability, suitability or availability of the PairedWorld App.
10.2 Regulatory Risk
The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens
may be subject to change and new regulations or policies may materially adversely affect
the use of the PairedWorld App and/or related smart contracts.
The User understands and accepts that there is a possibility that certain jurisdictions will
apply existing regulations or introduce new regulations which may be contrary to the
current setup, and which may, inter alia, result in substantial modifications to the PairedWorld
App and/or related smart contracts, including the termination of the Project and the loss
of the tokens or their functionality for the User.
The User understands and accepts that it remains in the User’s responsibility to comply
with any laws and regulations applicable to the User when holding or transferring tokens.
User explicitly accepts and acknowledges that the Company assumes no liability for any
and all risks relating to taxation or regulatory issues in connection with the use of the
PairedWorld App and/or related smart contracts. It remains in the sole responsibility of the
User to seek local legal, tax and regulatory advice.
10.3 Risk of Hacking Attacks
The User understands and accepts that, while best efforts are made to reduce potential
software attacks on the test version of the PairedWorld App and/or related smart contracts,
other involved software, and/or other technology components may be exposed to attacks
by hackers or other individuals that could result in theft or loss of the tokens.
The User understands and accepts that, as with other blockchains, the blockchain used
for the PairedWorld could be susceptible to consensus-related attacks, including but not
limited to double-spend attacks, majority validation power attacks, censorship attacks,
and byzantine behaviour in the consensus algorithm or be subject to forks. Any
successful attack or fork presents a risk to the Ethereum Network, the PairedWorld App and/or
related smart contracts, the expected proper execution and sequencing of token-
transactions and the expected proper execution and sequencing of contract computations
as well as the token balances in the wallet of the User.
There are risks associated with using internet and blockchain based products, including
but not limited to, the risk associated with hardware, software and internet connections,
the risk of malicious software introduction, and the risk that third parties may obtain
unauthorized access to information stored within Users’ profile. User accepts and
acknowledges that the Company will not be responsible for any communication failures,
disruptions, errors, distortions or delays User may experience when using the PairedWorld
App and/or related smart contracts for transactions, however caused.
11. Modifications to the PairedWorld App
The Company reserves the right in its sole discretion to modify, suspend, or discontinue,
temporarily or permanently, the provision of the PairedWorld App (or any features or parts
thereof) at any time and without liability as a result.
12. Tax
Users are solely responsible for determining what, if any, taxes apply to their use of the
PairedWorld App and/or related smart contracts. The Company is not responsible for
determining or paying the taxes that apply to such use.
13. Miscellaneous
The Company and the User are independent contractors. These Terms do not create nor
is it intended to create a partnership, franchise, joint venture, agency, fiduciary or
employment relationship between the Parties.
If any provision of this Terms is invalid, illegal or unenforceable in any jurisdiction, such
invalidity, illegality or unenforceability shall not affect any other provision of the Terms or
invalidate or render unenforceable such provision in any other jurisdiction. Upon such
determination that any provision is invalid, illegal or unenforceable, the Terms shall be
modified to effectuate the original intent of the original provision as closely as possible.
User may not assign or transfer any rights and licenses granted under these Terms,
without prior written (text form sufficient) consent of the Company. The Company may
freely assign or transfer any rights and licenses granted under this Terms without
restriction.
14. Applicable Law and Jurisdiction
These Terms as well as the use of the PairedWorld App and/or related smart contracts shall
be governed by and construed in accordance with the laws of Switzerland without giving
effect to any choice or conflict of law provision or rule (whether of Switzerland or any
other jurisdiction). The application of the United Nations Convention on Contracts for the
International Sale of Goods shall be excluded.
Any dispute arising out of or in conjunction with these Terms shall be submitted to the
exclusive jurisdiction of the courts of the canton of Zug, Switzerland, although the
Company retain the right to bring any suit, action, or proceeding against User for breach
of these Terms in its country of residence or any other relevant country. Users waive any
and all objections to the exercise of jurisdiction by such courts and to the venue in such
courts.