Y8U TERMS AND CONDITIONS

PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS BEFORE USING THE WEBSITE. BY USING THIS WEBSITE YOU AGREE TO THESE TERMS AND CONDITIONS

GENERAL

These Terms and Conditions govern the access and use of https://y8u.ai (hereinafter "the Website") and the presentation of our unique artificial intelligence tool, our $Y8U token (the ”Token”) and our NFTs. By accessing our website, you thereby acknowledge that you have read, understood, and consent to be bound by these Terms and Conditions and our Privacy Policy.

"Y8U" is the commercial name under which Y8U Token AG, a company incorporated under the laws of Liechtenstein, registered in the Liechtenstein Commercial Register under register number FL-0002.662.577-7, with its registered office at Werdenbergerweg 11, 9490 Vaduz, Principality of Liechtenstein (hereinafter "Y8U" or the "Company").

Please read carefully the terms of use set below before you start using the Website. If you do not agree with any of the terms and conditions, you are not authorized to use the Website or access any of the content presented on the Website.

We reserve the right to modify, change, and update these terms and conditions at any time. All changes are effective immediately. We do not guarantee that you will be notified regarding such changes, so it's your sole responsibility to stay updated on any changes we may implement to the Terms and Conditions of the Website.

Such changes will only affect the relationship with the user for the future. The continued use of the Website will signify the user’s acceptance of the revised Terms. If users do not wish to be bound by the changes, they must stop using the Website. If required by applicable law, Y8U will specify the date by which the modified Terms will enter into force.

In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms and Conditions will remain in full force and effect. Any failure of Y8U to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision.

In order to address a question, resolve a complaint regarding the use of the Website, the Token/NFT or the services, or to receive further information regarding the services, please contact Y8U via e-mail at Adrian@y8u.ai

BUSINESS MODEL DESCRIPTION

Y8U supports the creation and advancement of artificial intelligence by developing and will continue to develop an all-in-one artificial intelligence-based platform software solution that will enable individuals to develop and create artificial intelligence using a combination of blockchain and artificial intelligence. The initial focus will be on artificial media (the "ecosystem").

The ecosystem combines a library of artificial intelligence-based tools into a creative database. The artificial media, artificial intelligence-based apps and other digital assets utilise blockchain technology to generate non-fungible tokens (NFTs), creating transparency, accountability and governance. Individuals can create and own their digital likeness using the Y8U platform, which can be used by themselves and others in the creation of any number of digital objects. Users can choose how they want to bring their ideas to life, and everyone can maximise their potential to infinity.

The Y8U Tool services are a recent addition to the Y8U platform, representing a native decentralized protocol integrated with the Humans blockchain. These services, also known as "Y8U.ai," is specifically designed for the creation and decentralized storage of digital clones, prioritizing user content and privacy. It functions as a Web3 AI companion tool, enabling content creators such as celebrities and artists to leverage their characteristics—like their face, voice, and more—to develop AI models with the assistance of AI miners.

Through processing, these AI models capture the essence of the creators, incorporating their unique traits into a multifaceted digital DNA. The primary objective of the tool is to gather information and data from users within the Web3 space, process it on their behalf, and subsequently offer it back to them. This capability empowers users to generate AI models of themselves, which can be utilized for various purposes.

The Y8U token is an ERC-20 based token that acts as a digital means of payment and right of use for the services and functions within Y8U.ai. Token holders can use the Y8U token to utilise the services, including access to the services and functions offered. Y8U tokens can be used, for example, as a means of payment for services or products within the ecosystem.

AI miners of the tool can accept Y8U tokens as remuneration. The amount of remuneration they receive depends on the accuracy or quality of the AI models they create and the demand for these models. This demand is determined by a mechanism called "Genomic Consensus". Essentially, genomic consensus is a method or algorithm that is used to assess the quality and value of the AI models generated by the AI miners. The more accurate and sought-after the models are, the higher the compensation the miners receive.

Token holders can receive rewards in the form of tokens, for example for staking their tokens and for participating in certain activities (e.g. providing data) within the tool. The rewards are made in Y8U tokens.

It is also planned that holders of the Y8U token will be able to participate in votes on decisions relating to the further development of the protocol.

Overall, the Y8U token enables users to access the ecosystem, use the services and functions, create content, and participate in the development of the entire tool.

ACCESSING THE WEBSITE AND THE SERVICES

To use our Website and learn about our services and Token/NFT, you agree that you are not under any legal interdiction to use the Website under any applicable law. If you are accepting these Terms of Use and accessing the information on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms and Conditions, in which case the words “you” and “your” as used in these Terms and Conditions shall refer to such entity.

Access to the website is primarily limited to individuals who are 18 years of age or older. By accessing the website, you represent and warrant that you are at least 18 years old. However, if you are underage, you may use our services under the supervision and with the consent of a legal guardian.

In order to stay updated with our project and upcoming our services and Token/NFT launches, you may choose to subscribe to our newsletter. In addition, you may choose to join our community through the links available on the Website. If you do, you agree to provide accurate, complete, and up-to-date information during this process and to keep your information up-to-date. You are responsible for any activity that occurs under your subscription or community interactions. Y8U reserves the right to suspend or terminate your subscription or community membership at any time and for any reason, including if it determines that you have violated these terms and conditions. Y8U’s intended purpose of the Tokens is to be used as an access token enabling the use of Tool, with which the user can purchase different content and services within our ecosystem as well as for staking.

PRIVACY

In order to access the website or learn about our services and Token/NFT, you must explicitly consent to Y8U's privacy policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Y8U reserves the right to request additional information from you to keep you informed about our project and upcoming services and Token/NFT. You are entirely responsible for the accuracy of the information you provide and the validity of any documents you may be requested to present.

OWNERSHIP AND PROPERTY RIGHTS

The architecture of the Website, its graphics, user interfaces, visual interfaces, symbols and representations, logos, artwork, and computer code provided on the Website belong to Y8U and are protected by copyright, patent and trademark laws, and intellectual property law.

The Website, in whole or in part, may not be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution for any commercial purpose, without Y8U's express prior written consent.

All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. All information about our services and Token/NFT, including their concept, attributes, and specifications, belongs to their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property rights holder.

Any and all applicable statutory limitations or exceptions to copyright shall remain unaffected.

The purchase, ownership, receipt or possession of Tokens carries no rights, express or implied, other than the right to use Tokens as a means of accessing our services in accordance with the then applicable terms of use. In particular, you understand and agree that Tokens do not represent or confer any ownership right or stake, share, security, or equivalent rights, or any right to receive future revenue shares, intellectual property rights or any other form of participation in or relating to Y8U or any of their affiliates, other than protocol access and the right to be heard in our ecosystem’s governance, subject to the applicable terms, conditions or policies that may be adopted in the ecosystem from time to time. Y8U may in its sole discretion attach further functionalities to the Tokens in the future which you may or may not use.

RULES OF USAGE

The Website, services and Token/NFT may only be used within the scope of what they are provided for, under these Terms and Conditions and applicable law.

You are entirely responsible for the way you use the website regarding our services and Token/NFT. By accessing and using the website, you agree that you will not use it in such a manner that may cause any kind of damage or harm to others.

You agree that you will not violate any law, contract, intellectual property, or other third-party rights, and that you are solely responsible for your conduct and content while accessing or using the Website, its features, our services or Token/NFT.

Y8U cannot and will not be liable for any loss or damage arising from the usage of the Website, our services and Token/NFT or for failure to comply with these Terms and Conditions or with any applicable law or regulations.

You agree to be responsible for all actions taken regarding your community interactions, whether authorized by you or not, until you leave the community.

While using the Website, our services or Token/NFT you are not allowed to engage in any criminal or illegal activities and you may not submit content that is illegal, offensive, or otherwise harmful to others. You will not take any action or use the Website, our services and Token/NFT in any malicious way that could lead to technical problems or damage to the Website, its features, our services or Token/NFT. Y8U may investigate and prosecute violations of these terms and conditions to the fullest legal extent. The company may notify and cooperate with law enforcement authorities in prosecuting violations of the law in relation to the usage of the Website, our services or Token/NFT.

Y8U reserves the right to take any appropriate measure to protect its legitimate interests, including by denying users access to the Website, our services or services related to the Token/NFT, terminating subscriptions, reporting any misconduct performed through the Website, services or Token/NFT to the competent authorities – such as judicial or administrative authorities - whenever users engage or are suspected to engage in any of the following activities:

  • violate laws, regulations and/or these Terms;
  • infringe any third-party rights;
  • considerably impair Y8U’s legitimate interests;

Y8U reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the user’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of Y8U.

STAKING AND LOYALTY REWARDS

Y8U offers you a staking service that allows you to stake and unstake Tokens within the ecosystem. By participating in this staking service, you agree to a comprehensive set of terms and conditions. The specific terms, rates, and conditions for staking rewards are detailed in Y8U’s tokenomics documentation and other similar documents that are or will be made available to you through the Website.

Staking is the process by which users lock up their tokens in a blockchain network to support the operations of the network. In return, they receive rewards, often in the form of additional tokens, for their participation. Staking helps secure the network, validate transactions, and achieve consensus. The rewards are typically based on the amount of tokens staked and the duration of the staking period.

You will receive staking rewards directly attributable to your staked Tokens, calculated based on the duration and amount of the staked Tokens as stipulated by Y8U. By utilizing the staking service, you explicitly acknowledge and accept the inherent risks associated with staking Tokens. These risks include the potential loss of up to all of your staked Tokens and/or staking rewards due to a variety of technical issues beyond the control of Y8U. You understand that technical problems, including but not limited to system failures, cyber-attacks, and unforeseen vulnerabilities, can result in the loss of your staked Tokens or staking rewards. Y8U is not liable for any such losses and will not provide compensation for missed staking rewards under any circumstances. However, Y8U implements robust security measures to mitigate these risks and protect user assets.

Additionally, Y8U implements a referral program designed to encourage the growth of the community. You can generate a unique referral code to invite others to stake Tokens.

When an invited user stakes Tokens using your referral code, you, as the referrer, will be rewarded with additional access to Y8U’s services. The additional access will be provided by receiving Tokens equivalent to 1% of the staked Tokens of the invited user.

A referral code can be used multiple times and you are not limited to only one invitation. You can proceed as inviting an indefinite number of users in order to gain additional access to the Y8U’s services.

You are expressly prohibited from advertising or promoting your referral code by emphasizing Y8U as a method of investment, a means to achieve substantial financial gains, or through any similar representations that could be construed as financial advice or promises of guaranteed returns. This includes, but is not limited to, making statements or implications that suggest users will earn significant profits or that Y8U staking services are a low-risk investment opportunity.

Any promotional activities related to the referral program must focus solely on the benefits of staking within the Y8U ecosystem, such as community engagement, access to platform features, and other non-financial advantages.

Furthermore, you are required to:

  • Clearly disclose that staking involves risks and that past performance is not indicative of future results.
  • Ensure that all statements are factual, do not exaggerate potential benefits and do not mislead or deceive potential users.
  • Comply with all applicable laws, regulations, and ethical standards related to advertising and promotion, including those specific to financial promotions if applicable.

If you disregard or violate any of the clauses outlined in this agreement, Y8U reserves the right to impose penalties and hold you liable for any resulting damages or losses. Penalties may include, but are not limited to:

  • Suspension or termination of services - Immediate suspension or termination of your access to Y8U’s staking services and referral program.
  • Forfeiture of rewards - Forfeiture of any staking rewards or referral bonuses earned in violation of these terms.
  • Legal action - Initiation of legal proceedings to recover damages resulting from your non-compliance, including but not limited to reputational harm, financial losses, and regulatory penalties.
  • Indemnification - You agree to indemnify and hold Y8U harmless from any claims, damages, or losses arising from your violation of these terms, including reasonable attorney fees and court costs.
  • Y8U reserves the right to modify or terminate the referral program at its discretion. Any changes to the referral program will be communicated to you through appropriate channels.

LIMITATION OF LIABILITY AND RISK ACKNOWLEDGMENT

To the fullest extent permitted by law, Y8U will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to the exploration or usage of our services or Token/NFT concept through the website or any consequences arising from the ownership, exchange, or interaction with the Token/NFT. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if Y8U has been advised of the possibility of such damages.

The nature of the Token/NFT as a new and volatile asset class carries inherent risks. By using this Website and/or our services you acknowledge and accept these risks, which include, but are not limited to: fluctuations in the value of the Token/NFT, technological obsolescence, regulatory changes, and potential illegality. The Token/NFT may depreciate in value, become useless or be deemed illegal by jurisdictional authorities, without any liability to Y8U.

You acknowledge Y8U is committed on a best efforts basis to the successful implementation of the services and Token/NFT. However, there is a risk that Y8U is unable to successfully deploy the services and create the Token/NFT for financial, technical, regulatory or other reasons. The project is still at an early stage and its completion may be prevented by a number of factors such as lack of funding or, if implemented, for lack of success.

There is a risk that key team members of Y8U, whose know-how and experience are essential to a successful development and deployment of our services and Token/NFT, leave Y8U thereby compromising the success of the project.

You acknowledge that it is solely your responsibility to obtain any necessary qualified tax advice and to evaluate the tax consequences of purchasing, holding, using and selling the Token/NFT.

You understand that is a risk that any smart contract used for the distribution of the Token/NFT contains security gaps, errors or dysfunctionalities which may adversely affect the distribution and use of the Token/NFT. You also expressly declare that you understand that there is a risk that the Token/NFT may unintentionally contain flaws or bugs in its source code that affect the use of Token/NFT or cause the loss of a Token/NFT.

The Token/NFT are based on a specific network protocol which is selected by the Company on a best practice basis. Thus, you understand that a malfunction, unintended function, or unforeseen operation of the such protocol may cause the Token/NFT to become defective or function unexpectedly or unintentionally.

You acknowledge that hackers or other groups or organizations may attempt to interfere with your wallets, the Website, our services or the Token/NFT in variety of ways, including but not limited to denial-of-service attacks, Sybil attacks, spoofing, smurfing, malicious attacks or consensus-based attacks, which may result, e.g., in Token/NFT being stolen or inaccessible without change of recovery. Blockchains are exposed to mining attacks which may put the smart contract at risk.

In no event will Y8U's aggregate liability for all claims arising out of or related to the use of the website or the interaction with our services or Token/NFTs exceed the amount paid by you, if any, for accessing the Website, our services or purchasing the Token/NFT during the one month period immediately preceding the date on which the claim arose.

You acknowledge and agree that you are solely responsible for conducting your independent analysis and evaluation of the risks associated with owning and interacting with the Token/NFT. You should consult your own advisors before deciding to engage with the Token/NFT, and you bear the sole responsibility for any decisions or actions taken based on the information obtained through the Website.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by Y8U or licensed to Y8U, and are protected by copyright and trademark laws and various other intellectual property rights of international copyright laws, and international conventions. The Content and the Marks are provided on the Website "AS IS" for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content and the Marks.

Unless expressly stated otherwise in the description of a specific NFT, the sale or transfer of an NFT does not confer any intellectual property rights, including but not limited to copyright or trademark rights, over the underlying digital assets associated with the NFT. By using the website and its services, you acknowledge and agree that the ownership of an NFT only confers the right to claim ownership over the NFT, and does not confer any intellectual property rights unless explicitly stated.

SECURITY

If you wish to purchase or you purchased the Token/NFT, you understand that you are solely responsible for the secure storage and administration of your private keys of the wallet in which the Tokens/NFTs are held, as well as for the protection of the private key and the wallet against unauthorized access by third parties. Loss of the private keys can lead to irretrievable loss of the Tokens/NFTs. Y8U recommends that you seek professional advice on the safe management of private keys.

REGULATORY COMPLIANCE

By using the Website, its services or Token/NFT, you represent and warrant that all your transactions involving Tokens/NFTs comply with all applicable laws and regulations. This includes, but is not limited to, compliance with tax laws, laws relating to the transfer of digital assets, and any regulatory requirements applicable in your jurisdiction. You acknowledge that the regulatory environment for the Token/NFT is complex and can change quickly, and it is your responsibility to ensure continued compliance with all relevant laws and regulations.

You understand that the national and international legal and regulatory framework applying to blockchain and distributed ledger technology in general as well as to related applications is not yet completely determined and remains subject to change. Therefore, it is possible that the interpretation and application of existing laws and regulations may be construed, amended or adapted in a way, which may affect Y8U business model and/or your interaction with Y8U, our services our Token/NFT.

You understand that Blockchain and Distributed Ledger Technology and related applications could also be the subject of legislative initiatives at national and international level, like e.g. the current proposal of a Market in Crypto Assets regulation by the European Commission. Changes to the legal or regulatory framework, such as the extension of licensing, prospectus and other obligations as well as prohibitions, could adversely affect the intended business model. This includes in particular the risk that the Token/NFT cannot be used or can no longer be used for its intended purpose due to changes in the legal or regulatory framework and may become unusable under certain circumstances.

Further, you understand that participation in Token/NFT sale activities by persons prohibited or restricted in participating in the sale of the Token/NFT cannot be effectively be prevented by Y8U applying reasonable measures. This creates a potential risk of claims against Y8U. There is a risk that in some jurisdictions the Token/NFT may be considered illegal or regulated by special legislation or that in the future the Token/NFT are considered illegal or subject to the regulation of special legislation. Y8U does not guarantee that the Token/NFT are legal in all jurisdictions.

You understand and declare that you solely bear all legal or financial consequences if the Token/NFT are considered a security or deemed illegal in your jurisdiction. You are obliged to verify whether the acquisition and disposal of the Token/NFT is legal in their jurisdiction, and by accepting the provisions of these Terms and Condition, you agree not to use the Token/NFT in case their use is not considered legal.

Additionally, you understand that changes in the legal treatment of the Token/NFT could adversely affect the envisaged business model for the Website and our services, therefore making them unviable.

DISCLAIMER OF WARRANTIES

Y8U makes no warranties, express or implied, regarding any Token/NFT or its underlying digital asset, including any warranty of merchantability, warranty of fitness for a particular purpose, warranty of legality, or warranty of non-infringement. By using the website and its services, you acknowledge and agree that all Token/NFT transactions are conducted at your own risk.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Y8U, its affiliates, licensors and service providers, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of:

  • your exploration of our Token/NFT concept through the Website, including any data or content transmitted or received by the user;
  • your violation of these terms, including, but not limited to, your breach of any of the representations and warranties set forth in these terms;
  • your violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
  • your violation of any statutory law, rule, or regulation;
  • your wilful misconduct; or
  • statutory provision by you or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

APPLICABLE LAW AND DISPUTE RESOLUTION

These Terms will be governed by and construed in accordance with the laws of Liechtenstein and the courts of Liechtenstein will have exclusive jurisdiction over any claim or dispute arising under or in connection with the usage of the Y8U website or these Terms and Conditions.

Although the Y8U website and its services may be available and accessible in other jurisdictions, each user hereby acknowledges and agrees that such availability shall not be deemed to give rise to general or specific personal jurisdiction over the jurisdiction mentioned above.

However, Y8U retains the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. By accessing the Y8U website you waive any and all objections regarding the applicable law and jurisdiction.

FORCE MAJEURE

Y8U is not obliged to comply with the obligations set out in the present Terms and Conditions, as a result of a cause beyond its control, including but not limited to fortuitous events (e.g., legal measures in war or strike situations, even when they occur in third-party companies, official measures taken by the authorities, failure of communication networks and gateways of other providers, disruptions regarding network operators and other failures), and other actions or inactions for which the administrators of the Y8U website are not responsible.

Neither Y8U nor any users shall be liable for failure to perform on time and/or for improper performance - in whole or in part - of any obligation incumbent on it under the present Terms and Conditions if the non-performance or improper performance of that obligation has been caused by force majeure/fortuitous event, as defined by the laws of Liechtenstein.

NO WAIVER

Y8U's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

SEVERABILITY

Should any provision of these Terms and Conditions be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms and Conditions shall not nullify the remaining provisions, unless the severed provisions are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

© 2024, Y8U
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