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Terms of Use for zkVerify Testnet Claims Process

These Terms of Use for the zkVerify Testnet Claims Process (the “Terms”) govern your access to and use of the websites, platform, software, technologies, features, and other online products and services (collectively, the “Services”) provided or made available by Horizen Labs, Inc. (“Horizen,” “we,” “us” or “our”) in connection with the claims process by which eligible participants in the zkVerify Incentivized Testnet (the “Testnet”) may redeem points earned during the Testnet period for $VFY tokens (the “Tokens”) (together with the Services, the “Claims Process”).

For purposes of these Terms, “user”, “you”, and “your” means you as the user of the Claims Process. If you use the Claims Process on behalf of a company or other entity, then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS.

BY CLICKING TO ACCEPT AND/OR USING THE CLAIMS PROCESS, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE CLAIMS PROCESS. YOUR PARTICIPATION IN THE CLAIMS PROCESS IS ENTIRELY VOLUNTARY, BUT IF YOU ARE PARTICIPATING IN THE CLAIMS PROCESS, YOU MUST STRICTLY ADHERE TO THE TERMS.

All feedback, comments, requests for technical support, and other communications relating to the Claims Process and/or the Services should be directed to: [email protected].

Privacy Policy​

Please refer to our Privacy Policy for more details on the information that Horizen may collect, use and disclose and under what circumstances. You acknowledge and agree that your participation in the Claims Process is subject to this Privacy Policy.

Changes to Terms​

Horizen may update the Terms at any time, at its sole discretion. If it does so, Horizen will deliver a notice either by posting the updated Terms on this website, on any applicable blog or forum used for sharing information or through other communications. It’s important that you review any and all updated Terms. If you continue to participate in the Claims Process after Horizen has posted updated Terms, you agree to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you must immediately cease participation in the Claims Process.

Eligibility​

Eligibility to claim Tokens through the Claims Process is limited to addresses identified by Horizen (or its designee) as eligible based on such addresses’ participation in the Testnet and in accordance with the Terms of Use previously agreed upon by participants in the Testnet available here (the “Testnet Terms of Use”). Further, you may participate in the Claims Process only if: (a) you are 18 years or older and capable of forming a binding contract with Horizen; (b) you are not subject of sanctions administered or enforced by any country or government or otherwise designated on any list of prohibited or restricted parties or a citizen or organized or resident in a country or territory that is the subject of country-wide or territory-wide sanctions; and (c) you are not barred from participating under applicable law.

Notwithstanding any information provided by Horizen regarding the Claims Process or the Testnet (including on its website, social media or through other communications (such as forums, Telegram, Discord, or other channels), Horizen may change or modify at any time the number of participants eligible to participate in Claims Process or the requirements of the Claims Process and terminate any eligible participant’s participation at any time. The Claims Process may operate in certain phases. Your selection or participation in any one phase of the Claims Process does not imply that you will be eligible for any other phases of the Claims Process. Horizen reserves the right to exclude or disqualify any address or participant if it determines, in its sole discretion, that the foregoing eligibility criteria have not been met, or that any fraud, abuse or non-compliance has occurred.

Horizen may require you to provide additional information or certifications to verify your eligibility and compliance with applicable laws and regulations.

Ownership​

The Claims Process, including its “look and feel” (e.g., text, graphics, 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, Horizen Labs and zkVerify brands, logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of us or our affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the Claims Process and its content, including, without limitation, the exclusive right to create derivative works.

Horizen’s name, logo, trademarks, and any of Horizen product or service names, designs, logos, and slogans are the intellectual property of Horizen or our affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “Horizen,” “Horizen Labs” or any other name, trademark or product or service name of our affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Claims Process constitutes the service mark, trademark, or trade dress of Horizen and may not be copied, imitated or used, in whole or in part, without our prior written permission.

All other third-party trademarks, registered trademarks, and product names mentioned on the Claims Process or contained in the content linked to or associated with any Tokens displayed on the Claims Process are the property of 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, including, but not limited to, “zkVerify” and “VFY.” Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Horizen.

Horizen may engage or integrate with third-party platforms, applications, or service providers to facilitate the Claim Process or distribution of Tokens. This may include directing you to third-party websites or interfaces that are not operated or controlled by us. Any use of such third-party sites or services will be subject to the terms and conditions, privacy policies, and practices of those third parties, as may be applicable. Horizen hereby disclaims any responsibility or liability for third-party platforms, their availability, or their compliance with applicable laws, and makes no representations or warranties regarding the acts, omissions, or services of such third parties.

Usage Data Analytics​

Horizen may collect usage information that allows us to collect information regarding how users access and use the Claims Process (“Usage Data”). We use this information to analyze trends, administer the Claims Process, troubleshoot any user problems, and to enhance and update the Claims Process. We may accomplish this Usage Data collection by using third parties.

Security; Wallet​

You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), or any other codes that you use to access the Claims Process as part of your systems. You are solely responsible for maintaining control of your wallet and private keys. Horizen assumes no responsibility for any losses resulting from any compromise of your systems or wallet(s). Horizen is not responsible for Tokens sent to the wrong address, lost, stolen or otherwise inaccessible due to wallet misuse or errors.

As part of certain phases of the Testnet, mainnet or as part of providing incentives/rewards pursuant to the Claims Process, Horizen may send or receive testnet tokens or other tokens to your wallet application, including the Token. In such a case, you are responsible for the management of the private keys and security for your wallet(s). Horizen does not and will not manage, store, collect or otherwise access the private keys for your wallet(s). As such, Horizen is unable to restore keys or wallets, even in the event of losses. You are responsible for all activities that occur using your wallet, whether or not you know about them.

Updates; Monitoring​

We may make any improvement, modifications or updates to our Claims Process, including but not limited to changes and updates to the underlying software, infrastructure, security protocols, technical configurations or service features (the “Updates”) from time to time. Your continued access and use of our Claims Process are subject to such Updates and you shall accept any patches, system upgrades, bug fixes, feature modifications, or other maintenance work that arise out of such Updates. We are not liable for any failure by you to accept and use such Updates in the manner specified or required by us. Although Horizen is not obligated to monitor access to or participation in Testnet, it has the right to do so for the purpose of operating Testnet, to ensure compliance with the Terms and to comply with applicable law or other legal requirements.

Claims Process​

Eligible addresses may redeem Tokens for Points (as defined in the Testnet Terms of Use) earned pursuant to the Testnet Terms of Use through an on-chain claim mechanism provided by Horizen or other method made available by Horizen.

Subject to the eligibility requirements, only Testnet participants who have accumulated Points will be able to submit a claim for Tokens as part of the Claims Process. You may not submit a claim on behalf of a third party.

The Claim Process may rely on third-party blockchain networks, smart contracts or other third-party technologies. Horizen is not responsible for network delays, failures or vulnerabilities, and does not guarantee successful delivery or execution of any transaction or claim for Tokens. Further, Horizen is not liable for delays, failure or interruption of the Claim Process due to events beyond its reasonable control, including, but not limited to, acts of God, cyberattacks or regulatory actions.

Duration of the Claims Process; Forfeiture​

The Claims Process will commence on the date prescribed by Horizen and continue until terminated by Horizen in its sole discretion (“Claims Period”). Notwithstanding any other information provided by Horizen regarding the Claims Process (including on its website, social media or through other communications (such as forums, Telegram, Discord, or other channels), Horizen may change, discontinue, or terminate, temporarily or permanently, all or any part of the Claims Process, at any time and without notice, at its sole discretion.

Receipt of Tokens through the Claim Process does not entitle you to any future tokens, airdrops or other distributions from Horizen or any third party. Horizen reserves the right to determine, at its sole discretion, whether it will conduct any future distributions or programs for the Tokens or any other token. Eligible claims must be submitted within the Claim Period. Any Points or eligibility not claimed through the Claims Process within the Claim Period will be irrevocably forfeited, and Horizen will have no obligation or liability to distribute Tokens or provide any other compensation with respect to such unclaimed Points or amounts. You acknowledge and agree that Token allocation amounts based on accumulated Points are final as determined by Horizen in its sole discretion and are not subject to appeal by you or anyone.

The Tokens; Taxes​

You acknowledge and agree that the Tokens are not issued by, owned by, or otherwise under the control of Horizen or its affiliates. As a result, Horizen makes no representations or warranties regarding the nature, features, or value of the Tokens, including their availability, transferability, market price, liquidity, or suitability for any purpose. The value of the Tokens, if any, may fluctuate significantly over time, and there is no assurance that they can be exchanged, sold, or otherwise transferred for any consideration. You acknowledge and agree that the Tokens may not be tradable on any exchange and may have limited or no market value. Participation in the Claim Process does not confer any expectation of profit, future distributions or increase in the value of Tokens.

Points earned during the Testnet had no monetary or intrinsic value, and the ability to redeem such Points for Tokens does not create or imply any right to payment, compensation, or other economic benefit. You acknowledge and agree that you accept all risks associated with receipt, holding or use of the Tokens.

You further acknowledge and agree that the Tokens are not intended to be securities, financial instruments or investments. Participation in the Claims Process does not grant any ownership, equity or profit-sharing rights in Horizen, the zkVerify Foundation or any of their applicable affiliates or other token-issuing entities. The Tokens are provided solely for their intended utility within the zkVerify ecosystem and are not offered as an investment opportunity.

Horizen may, in its sole discretion, provide a limited allocation of Tokens or other digital assets to eligible addresses for the sole purpose of covering network transaction fees associated with submitting a claim via the Claims Process (“Gas Fee”). Any Gas Fee is provided on a de minimis basis, is not compensation, consideration, or a reward, and does not guarantee the ability to successfully complete the Claims Process or submit a claim. Horizen makes no representation or warranty as to the sufficiency, timing or delivery of any Gas Fee, and you remain solely responsible for any and all costs, fees or expenses associated with the Claim Process.

You are solely responsible for determining and fulfilling your own obligations with respect to any taxes (including without limitation income, capital gains, sales, use, value-added, or similar taxes) that may apply to your receipt, holding, transfer, or use of Tokens as part of the Claims Process or otherwise. Horizen does not provide tax, legal, or accounting advice, and nothing in these Terms should be construed as such. Horizen makes no representation as to whether the receipt of Tokens constitutes taxable income, a taxable event or otherwise gives rise to tax liability in any jurisdiction. Horizen shall not be responsible for withholding, reporting, or paying any taxes on your behalf.

Intellectual Property Rights; Feedback​

By participating in the Claims Process, you do not gain any rights thereto. All right, title, and interest in and to the Claims Process, including all modifications, improvements, and enhancements made thereto, and all proprietary rights therein, shall be and remain Horizen’s sole and exclusive property.

Horizen welcomes feedback, comments and suggestions for improvements to the Testnet and related technologies of zkVerify (“Feedback”). You grant to Horizen a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose, in any form, format, media or media channels now known or later developed or discovered.

Prohibited Activities​

You will not (in each case except as otherwise contemplated as part of these Terms):

  • Initiate any attacks that violate your cloud service, data-center or other applicable third party service provider’s rules or policies;
  • Unless as expressly requested by Horizen as part of a security or similar challenge, disrupt or initiate any attacks against users of the Services or the Claims Process;
  • Disrupt, compromise, or otherwise damage data or property owned by other parties.
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity;
  • Access any accounts or data other than your own (or those for which you have explicit permission from their owners);
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, creating, encouraging or implementing Sybil attacks;
  • Sell or resell Services; and
  • Encourage or enable any other individual or entity to do any of the foregoing or otherwise violate the Terms.

Compliance with Laws​

You agree to comply with all applicable laws, rules, regulations, and any generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries and all applicable privacy and data collection laws and regulations) in connection with your participation with the Claims Process. To the extent required by law, you are solely responsible for obtaining or filing any approval, clearance, registration, permit, or other regulatory authorization and shall comply with the requirements of such authorization.

WARRANTY DISCLAIMERS​

HORIZEN AND ITS AFFILIATES MAKE NO, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE CLAIMS PROCESS. THE CLAIMS PROCESS AND THE TOKENS ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, HORIZEN EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, VALUE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Horizen has made no promises or guarantees with respect to the delivery of any future features or functions. Any discussions of any future features or functions, either prior to or following the agreement to these Terms, are for informational purposes only, and Horizen has no obligation to provide any such features or functions. You acknowledge that you have not relied on any statement, promise, assurance, or warranty that is not set out in the Terms.

YOU PARTICIPATE IN THE CLAIMS PROCESS AT YOUR OWN DISCRETION AND ACCEPT AND ACKNOWLEDGE THAT THERE ARE RISKS ASSOCIATED WITH PARTICIPATING IN THE CLAIMS PROCESS INCLUDING, BUT NOT LIMITED TO, THE RISK OF FAILURE OF HARDWARE, SOFTWARE AND INTERNET CONNECTIONS, THE RISK OF MALICIOUS SOFTWARE INTRODUCTION, AND SECURITY RISKS. YOU ACCEPT AND ACKNOWLEDGE THAT HORIZEN WILL NOT BE RESPONSIBLE FOR ANY LOSSES, FAILURES, DISRUPTIONS, ERRORS, DISTORTIONS OR DELAYS YOU MAY EXPERIENCE WHEN PARTICIPATING IN THE CLAIMS PROCESS OR ACCESSING THE SERVICES, HOWEVER CAUSED. HORIZEN WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR AND WILL NOT BE LIABLE TO YOU FOR YOUR PARTICIPATION IN THE CLAIMS PROCESS, INCLUDING, BUT NOT LIMITED TO, ANY LOSSES RELATED TO FAILED TRANSACTIONS, UNAUTHORIZED THIRD-PARTY CLAIMS OR FLUCTUATIONS IN TOKEN VALUE.

Horizen makes no warranty or guarantee that the Claims Process will meet your requirements or be available on an uninterrupted, secure, or error-free basis or free of viruses, errors, or defects. Horizen makes no warranty or guarantee regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or materials offered in connection with the Claims Process.

LIMITATION OF LIABILITY.​

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF USE, LOST PROFITS, OR LOSS OF DATA ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF THE CLAIMS PROCESS OR THE SERVICES, HOWEVER CAUSED AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR OUR SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CUMULATIVE LIABILITY OF US, OUR SUPPLIERS, AND OUR LICENSORS FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE CLAIMS PROCESS EXCEED ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HORIZEN AND YOU.

Indemnification​

To the fullest extent permitted by applicable law, you will indemnify, defend and hold Horizen and/or subsidiaries and affiliates harmless, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Horizen Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Causes of Action”) arising out of or related to (a) your access to or use of the Services or the Claims Process; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (d) your conduct in connection with the Services or your participation in the Claims Process; and (e) your failure to comply with applicable law or your tax obligations. You agree to promptly notify Horizen Parties of any third-party Causes of Action, cooperate with Horizen Parties in defending such Causes of Action and pay all fees, costs and expenses associated with defending such Causes of Action (including attorneys’ fees). You also agree that Horizen Parties will have control of the defense or settlement, at Horizen sole option, of any third-party Causes of Action.

Governing Law and Other General Matters​

These Terms are governed by the laws of the State of New York without reference to the principles of conflicts of laws thereof. Any legal suit, action, or proceeding arising out of, or related to, these Terms shall be instituted exclusively in the courts of New York although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

At Horizen’s sole discretion, it may require you to submit any disputes arising from the use of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the American Arbitration Association.

ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Any ambiguities herein will not be strictly construed against the drafter of the language concerned but will be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting. These Terms will not be construed against any party by reason of its preparation. In the event any suit or other action is commenced by Horizen to construe or enforce any provision of these Terms, in addition to all other amounts, Horizen shall be entitled to receive from you, Horizen shall recover its reasonable attorneys' fees and court costs, to the extent permitted by applicable law.

Nothing herein shall constitute an employment, consultancy, joint venture, or partnership relationship between you and Horizen. If any provision of the 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 the Terms will remain in full force and effect. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.”

Horizen’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 Horizen. 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.

Assignment​

You may not sell, assign or transfer any of your rights, duties or obligations under these Terms without our prior written consent. Any attempt by you to assign or transfer the Terms, without such consent, will be null and void. We reserve the right to assign or transfer these Terms or any of its rights, duties and obligations hereunder to any third party. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors and permitted assigns.