RESTIFY TERMS OF SERVICE

RESTIFY TERMS OF SERVICE

Last Updated: January 2025


These RESTIFY App Terms of Service (‘Terms’ or ‘Terms of Service’) are an agreement between you (‘you’ or ‘your’) and VeChain Foundation San Marino S.r.l. (‘VeChain,’ ‘we,’ ‘our,’ or ‘us’). These Terms govern your use of our decentralized Application (‘RESTIFY,’ ‘App,’ or ‘RESTIFY App’).

READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF RESTIFY INCLUDING A CLASS ACTION WAIVER UNDER PARAGRAPH 8 BELOW AND AN AGREEMENT TO ARBITRATE FOR ANY DISPUTE RESOLUTION UNDER PARAGRAPH 9 BELOW.


BY ACCESSING OR USING RESTIFY, OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS OF SERVICE WHEN THE OPTION IS MADE AVAILABLE TO YOU, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US AND HAVE THE AUTHORITY TO DO SO EITHER ON YOUR OWN BEHALF OR ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, THAT YOU ARE NOT A “DISQUALIFIED PERSON” AS DEFINED IN SUBPARAGRAPH 2(e) BELOW, AND THAT YOU HAVE READ AND UNDERSTAND, AND ACCEPT AND AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY, THESE TERMS IN FULL. IF YOU DO NOT AGREE TO THE TERMS, OR IF YOU OTHERWISE DO NOT MEET THE FOREGOING REQUIREMENTS IN ANY WAY, YOU MAY NOT USE RESTIFY.


THESE TERMS ONLY APPLY TO THE RESTIFY PRODUCT OFFERED BY VECHAIN, AND ARE INTENDED TO APPLY ALONG WITH ANY OTHER VECHAIN TERMS THAT MAY BE APPLICABLE TO YOU WHEN YOU USE OTHER VECHAIN PRODUCTS WITH RESTIFY.


AS FURTHER PROVIDED IN SUBPARAGRAPH 5(e) BELOW, RESTIFY IS A DIGITAL APPLICATION DEVELOPED AND OPERATED BY VECHAIN TO PROVIDE BLOCKCHAIN-BASED SERVICES. WHILE VECHAIN OPERATES THE PLATFORM, IT DOES NOT CONTROL USERS’ DIGITAL ASSETS OR TRANSACTIONS.

1. CHANGES TO THESE TERMS 

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service to reflect  changes in applicable laws and regulatory requirements relating to the use of digital wallets and related services  or to implement technical adjustments and improvements or to respond to market requirements. All changes are  effective immediately when we post them unless we expressly specify otherwise. In any event, no changes will  apply retroactively as to any claims existing prior to the “last updated” date. You are responsible for checking  these Terms regularly, as updates are binding upon you. We will indicate that the Terms of Service have been  updated by updating the “last updated” date at the top of these Terms. Your continued use of RESTIFY following  the posting of revised Terms means that you accept and agree to the changes. 


2. RIGHTS TO RESTIFY 

(a) RESTIFY is a mobile wellness application designed to reward users for reducing screen time. Once users  authenticate using a VeWorld wallet or email/social account, they can begin timed “focus sessions.” During these  sessions, RESTIFY monitors device and app usage to verify that the phone remains locked or the user stays  within the app. Successfully completed sessions earn B3TR tokens, which users can later claim, hold, use for  wellness perks, or convert through the VeBetterDAO ecosystem. You are responsible for securing your  credentials and wallet keys. We are not liable for any unauthorized activity on your account, wallet, or device. 


(b) License Grant. Subject to these Terms, VeChain grants you a non-exclusive, non-transferable, non assignable, and non-sublicensable license to install and use RESTIFY on your devices for personal or internal  business use ('Limited License'); 


(c) License and Use Restrictions. As an express condition of your use of RESTIFY, you represent and warrant to  us that you shall not use RESTIFY for any unlawful purpose or purpose prohibited by these Terms or the laws or  regulations in the jurisdiction in which you live or reside or where you may engage in any activity with RESTIFY.  WITHOUT LIMITING THE FOREGOING, you agree not to use RESTIFY for any of the following purposes: 


(i) Violate any law, regulation, or governmental policy in any applicable jurisdiction, including without limitation  pay for, support, or otherwise engage in any illegal activities such as prohibited trade, illegal gambling, fraud,  money laundering, or terrorist activities; 


(ii) Share, lease, rent, use, or otherwise provide access to your RESTIFY App to or on behalf of any third party; (iii) Use RESTIFY in connection with the performance of any service for any third party;

(iv) Infringe upon, misappropriate, or violate intellectual property rights or any other rights of any person or entity  (including without limitation VeChain); 


(v) Behave in a harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise  objectionable manner; 


(vi) Violate the security of any computer network, or crack any password or security encryption code; 

(vii) Impersonate or attempt to impersonate another individual or entity, including without limitation any VeChain  employee or agent, or another RESTIFY user; 


(viii) Infringe, in any way, on the rights of others or engage in behavior or activity that is threatening, harmful,  discriminatory, or fraudulent; 


(ix) Access, copy or store any RESTIFY source code or a significant portion of our content; 


(x) Decompile, reverse engineer, or otherwise attempt to obtain source code or underlying ideas or information of  or relating to RESTIFY we provide; 


(xi) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of RESTIFY or any  server, computer, or database connected to RESTIFY; 


(xii) Circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections  of RESTIFY; 


(xiii) Attack VeChain's information technology systems (or those providing information technology systems of  VeChain's behalf) via a denial-of-service attack or distributed denial-of-service attack or otherwise; 


(xiv) Use any device, software, bot, or routine that interferes with the proper working of RESTIFY; (xv) Damage, overburden, disable, or impair the VeChain's ability to provide RESTIFY to users; or 

(xvi) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or  technologically harmful. 


If you become aware of or suspect any unauthorized use of RESTIFY, please contact us at  Restifyapp@gmail.com 


We have absolute discretion to take any necessary actions any time and for any reason without notice in the  event you breach these Terms. VeChain does not control or have the ability to transfer, revoke, or freeze any  Digital Assets associated with your wallet. However, violation of these Terms may result in restrictions on your  use of the RESTIFY App and related services. 


(d) Aggregate Data. We may collect anonymized and aggregated data (‘Aggregate Data’) related to your use of  RESTIFY. This data is used solely to improve the security, compatibility, and interoperability of the RESTIFY  software. To better understand what information we collect and process and how we use any information  collected through RESTIFY, please refer to our privacy policy found at Privacy Policy (“Privacy Policy”) ; and


(e) Disqualified Persons. You are not authorized to use RESTIFY if there are applicable legal restrictions in your  country of residence that would make the use of RESTIFY illegal. It is your sole responsibility to ensure that your  use of RESTIFY is not prohibited, restricted, curtailed, hindered, impaired or otherwise adversely affected in any way by any applicable law in your country of residence or domicile. In addition, you are not authorized to use  RESTIFY if you are any of the following: 


(i) A citizen, domiciled in, resident of, or physically present / located in Iran, North Korea, Cuba, Syria, China,  Afghanistan, Central African Republic (the), Congo (the Democratic Republic of the), Libya, Mali, Russia,  Somalia, Sudan, and Yemen (each an “Excluded Jurisdiction”); 


(ii) An entity: (1) which is incorporated in, or operates out of, an Excluded Jurisdiction, or (2) which is under the  control of one or more individuals who is/are citizens of, domiciled in, residents of, or physically present / located  in, an Excluded Jurisdiction;


(iii) An individual or entity: (1) included in the consolidated list published by the United Nations Security Council of  individuals or entities subject to measures imposed by the United Nations Security Council accessible at  https://www.un.org/securitycouncil/content/un-sc-consolidated-list; or (2) included in the United Nations Lists (UN  Lists) or within the ambit of regulations relating to or implementing United Nations Security Council Resolutions  listed by MAS and accessible by https://www.mas.gov.sg/regulation/anti-money-laundering/targeted-financial sanctions/lists-of-designated-individuals-and-entities; or (3) included in any other applicable governmental  sanctions list in any relevant jurisdiction; or 


(iv) An individual or corporate body who is otherwise prohibited or ineligible in any way, whether in full or in part,  under any law applicable to such individual or corporate body from participating in any part of RESTIFY. 


If you are not authorized to use RESTIFY under this subparagraph 2(e), you are deemed a “Disqualified Person”  under these Terms. 


3. THIRD-PARTY RESOURCES 

RESTIFY may integrate with third-party services, such as vehicle manufacturers, blockchain platforms, and  analytics providers (collectively, 'Third-Party Resources'). These integrations are essential for providing certain  functionalities within RESTIFY. Additional Third-Party Resources may be added or modified over time without  prior notice. VeChain has no control over the contents, availability, or data practices of these Third-Party  Resources and is not responsible for any loss or damage resulting from their use. Your use of any Third-Party  Resource is entirely at your own risk and subject to the respective terms and privacy policies of those third  parties. 


4. OWNERSHIP 

(a) Ownership. You acknowledge and agree that we (or, as applicable, our licensors) own all right, title, and  interest in and to RESTIFY and all elements of RESTIFY, including without limitation all graphics, design,  systems, methods, processes, architectures, structures, functions. information, computer code, software,  services, “look and feel”, organization, compilation of the content, code, data (including Aggregate Data), and all  other elements of RESTIFY (collectively, the “VeChain Materials”). The VeChain Materials are protected by  copyright, trade dress, trademark, patent laws, international conventions, other relevant intellectual property and  proprietary rights, and applicable laws. Your use of RESTIFY or these Terms do not grant you ownership or any  other rights with respect to the VeChain Materials or RESTIFY, whether expressly, by implication, estoppel,  reliance or otherwise, all of which are specifically excluded and disclaimed, subject only to the terms of the  Limited License granted in these Terms; and 


(b) Feedback. If you transmit any communication or material to us by mail, email, telephone, or otherwise through  RESTIFY, suggesting or recommending changes to RESTIFY, including without limitation new features or  functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), we are free to  use such Feedback irrespective of any other obligation or limitation between you and us governing such  Feedback. All Feedback is and will be treated as non-confidential, except as provided by applicable law. You  hereby assign to us on your behalf, all right, title, and interest in, and we are free to use, without any attribution or  compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property  rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any  Feedback. To the extent any personal data is included in connection with Feedback you provide, such personal  data will be processed in accordance with our Privacy Policy. 


5. DISCLAIMERS 

(a) DISCLAIMER OF WARRANTIES. YOUR ACCESS TO AND USE OF RESTIFY IS AT YOUR OWN RISK.  RESTIFY AND THE LIMITED LICENSE ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR  WARRANTY OR CONDITION OF ANY KIND. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW,  VECHAIN AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES,  AFFILIATES, AGENTS, AND LICENSORS (“VECHAIN PARTIES”) DISCLAIM ALL WARRANTIES,  CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR  OTHERWISE, INCLUDING WITHOUT LIMITATION (i) THOSE RELATED TO MERCHANTABILITY, FITNESS  FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT,


(ii) THOSE  ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE,


(iii) THAT THE ACCESS TO OR USE OF  RESTIFY WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL BE COMPATIBLE OR  OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (iv) THAT  RESTIFY WILL BE FREE OF HARMFUL COMPONENTS, AND (v) THAT ANY ASSOCIATED DIGITAL ASSETS  WILL BE COMPLETELY SECURE OR NOT OTHERWISE LOST OR ALTERED; 


(b) OTHER DISCLAIMERS. WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU  INCUR AS THE RESULT OF ANY USES OF RESTIFY, INCLUDING, WITHOUT LIMITATION, FOR ANY OF  THE FOLLOWING REASONS: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY  CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS;  (C) CORRUPTED FILES ASSOCIATED WITH YOUR RESTIFY DIGITAL WALLET; OR (D) UNAUTHORIZED  ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, 

PHISHING, BRUTE FORCING, OR OTHER MEANS OF ATTACK AGAINST RESTIFY OR THE APPLICABLE  BLOCKCHAIN; 

(c) DIGITAL ASSET AND BLOCKCHAIN SECURITY DISCLAIMER. VECHAIN IS NOT RESPONSIBLE OR  LIABLE FOR ANY SUSTAINED LOSSES OR INJURY CAUSED BY ANY EXPLOITATION, VULNERABILITY OR  OTHER FORM OF FAILURE OR MALFUNCTIONING OF SOFTWARE (E.G., DECENTRALIZED  APPLICATIONS, SMART CONTRACTS, ETC.), APPLICABLE BLOCKCHAINS OR ANY FEATURES BUILT  INTO DIGITAL ASSETS, INCLUDING WITHOUT LIMITATION ANY ISSUES WITH THE BLOCKCHAIN  SUPPORTING NON-FUNGIBLE TOKENS, FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES  THAT MAY RESULT IN LOSSES OR INJURY; 


(d) DIGITAL ASSET OWNERSHIP DISCLAIMER. DIGITAL ASSETS EXIST ONLY BY VIRTUE OF THE  OWNERSHIP RECORD MAINTAINED ON THE APPLICABLE BLOCKCHAIN. VECHAIN CANNOT AFFECT OR  OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY DIGITAL ASSETS OR UNDERLYING  OR ASSOCIATED CONTENT OR ITEMS; and 


(e) NO CUSTODY. AS A DECENTRALIZED APPLICATION, RESTIFY DOES NOT INVOLVE VECHAIN IN THE  PURCHASE, SALE, CUSTODY, OR TRADING OF DIGITAL ASSETS. USERS ARE SOLELY RESPONSIBLE  FOR MANAGING THEIR DIGITAL ASSETS AND MNEMONIC PHRASES. 


6. INDEMNIFICATION 

(a) TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND,  INDEMNIFY AND HOLD HARMLESS, THE VECHAIN PARTIES FROM AND AGAINST ANY AND ALL CLAIMS,  COSTS, PROCEEDINGS, DEMANDS, LOSSES, DAMAGES, AND EXPENSES (INCLUDING WITHOUT  LIMITATION ATTORNEY'S FEES REASONABLY INCURRED AND LEGAL COSTS AND EXPENSES  REASONABLY INCURRED) OF ANY KIND OR NATURE RELATING TO THIRD PARTY CLAIMS ARISING  OUT OF (i) YOUR USE OF RESTIFY; (ii) YOUR VIOLATION OF THE RIGHTS OF OR OBLIGATIONS TO A  THIRD PARTY; (iii) ANY FEEDBACK YOU PROVIDE TO US CONCERNING RESTIFY; (iv) DIGITAL ASSETS  ASSOCIATED WITH RESTIFY; (v) YOUR VIOLATION OF THESE TERMS OR ANY TERMS; OR (vi) YOUR  VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION; and 


(b) NO INDEMNITEE OR ANY OTHER PERSON OR ENTITY SHALL BE ENTITLED TO ANY FORM OF  EQUITABLE OR IMPLIED INDEMNIFICATION AT ANY TIME. 


7. LIMITATION OF LIABILITY 

NOTWITHSTANDING ANY CONTRARY PROVISION OF THESE TERMS OR FAILURE OF THE ESSENTIAL  PURPOSE OF ANY REMEDY, AND TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW,  YOU AGREE AS FOLLOWS: 


(a) IN NO EVENT WILL THE VECHAIN PARTIES BE LIABLE FOR (i) ANY INCIDENTAL, INDIRECT, SPECIAL,  PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER, OR (ii) ANY  DAMAGES FOR LOSS OF ANY DIGITAL ASSETS, DATA, INFORMATION, REVENUE, PROFITS OR OTHER  BUSINESSES OR FINANCIAL BENEFITS, IN ANY CASE WHETHER UNDER CONTRACT, TORT,  NEGLIGENCE, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF WE HAVE BEEN ADVISED OF  THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR CONNECTED WITH ACCESS OR USE OF  RESTIFY, INCLUDING, WITHOUT LIMITATION, THE FOLLOWING: (1) ANY UNAUTHORIZED USE OR ANY  LOSS OF YOUR CREDENTIALS FOR ANY REASON; (2) PARTICIPATION IN OR THE OUTCOME OF A  TRANSACTION MADE USING RESTIFY; (3) ANY OF YOUR DIGITAL ASSETS; (4) ANY BUGS, VIRUSES,  TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN RESTIFY (REGARDLESS OF THE SOURCE OF  ORIGINATION); (5) ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; OR (6) THEFT, TAMPERING,  OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, DIGITAL ASSETS, OR DATA OR CONTENT OF  ANY KIND; 


(b) IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ALL  DAMAGES OR LIABILITIES EXCEED IN THE AGGREGATE THE AMOUNT OF ONE HUNDRED U.S.  DOLLARS (USD $100.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE  JURISDICTION; and 


(c) NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE LIABILITY OF EITHER PARTY FOR  DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE. SOME JURISDICTIONS FURTHER DO  NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL  DAMAGES OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING LIMITATIONS OF LIABILITY  UNDER THIS PARAGRAPH 7 SHALL NOT APPLY IF AND TO THE EXTENT OF WILLFUL MISCONDUCT OR  GROSS NEGLIGENCE. 


8. CLASS ACTION WAIVER

EXCEPT WHERE PROHIBITED UNDER APPLICABLE LAW, ALL CLAIMS AND DISPUTES WITHIN THE  SCOPE OF THE ARBITRATION AGREEMENT IN PARAGRAPH 9 BELOW MUST BE ARBITRATED ON AN  INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. 


9. DISPUTE RESOLUTION 

(a) Arbitration. All disputes arising out of or in connection with these Terms or the subject matter hereof  (“Dispute(s)”) shall be finally settled under the Rules of Arbitration (“Rules”) of the International Chamber of  Commerce (“ICC”) by one arbitrator appointed in accordance with the ICC Rules. The arbitrator must be fluent in  the English language and the arbitration shall at all times be held in the English language. If the Rules permit, the  arbitrator shall render a reasoned award in writing. Any arbitration arising pursuant to these Terms shall be held  in Milan, Italy, and discovery shall only be admissible to the extent permitted under or not prohibited under the  ICC Rules. Upon final judgment by the arbitrator of a Dispute, any award rendered shall be binding and may be  entered as a judgment in any court with appropriate jurisdiction, and the parties consent to jurisdiction therein for  the purpose of such enforcement. This agreement to arbitrate shall be referred to as the “Arbitration Agreement”  herein; 


(b) Opt-Out Right. You have the right to opt out of the provisions of this Arbitration Agreement by sending written  notice of your decision to opt out within thirty (30) days after first becoming subject to this Arbitration Agreement  in accordance with the notice requirements in paragraph 10 below. If you opt out of this Arbitration Agreement, all  other provisions of these Terms will continue to apply to# you; 


(c) Arbitration Agreement Severability. Except as provided in this paragraph 9, if any part or parts of this  Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts  shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall  continue in full force and effect; and 


(d) Attorney's Fees. The prevailing party in any Dispute shall be entitled to, and the non-prevailing party shall  pay, the prevailing party's third-party attorneys' fees and other third-party costs reasonably incurred by the  prevailing party in connection with the resolution of the Dispute and in connection with the enforcement of the  judgment or arbitration award in favor of the prevailing party. The non-prevailing party shall pay those fees and  costs to the prevailing party upon the demand notice of the prevailing party. 


10. NOTICES 

Notices from one party to any other party must be in the English language and must be reasonably detailed.  Notices shall be effective on the date on which the notice is delivered to the notified party's authorized email  address. Until you receive notice of a different email address from us, VeChain's authorized email address for all  purposes of these Terms shall be the following: Restifyapp@gmail.com. A copy of each notice to VeChain shall  be simultaneously sent to the following email address: Restifyapp@gmail.com. VeChain may provide notices to  you by contacting you via a current email address you have provided to VeChain, as well as by posting the  applicable notice prominently on the VeChain website (https://vechain.org). 


11. GOVERNING LAW AND JURISDICTION 

These Terms and all matters in connection or relating to subject matter hereof (including the interpretation of  these Terms) shall be governed by and construed under the laws of Italy, without giving effect to any conflict of  laws rules or provisions. Subject to paragraphs 8 (Class Action Waiver) and 9 above (Dispute Resolution) of  these Terms, each party shall and does consent and submit to the exclusive personal jurisdiction of the courts in  Milan, Italy for any such action.

 

12. ASSIGNMENT AND DELEGATION 

We may assign our rights and delegate our obligations under these Terms, in whole or in part, including in  connection with a merger, acquisition, sale of assets or equity, or by operation of law. You hereby grant your prior  consent in advance to such assignment and or delegation of obligations. You shall not assign any of your rights  or delegate any of your obligations under these Terms without our prior written consent. Any purported  assignment or delegation in violation of this paragraph 12 is null and void. No assignment or delegation relieves  either party of any of its obligations under these Terms for any period prior to such assignment or delegation.


13. FORCE MAJEURE 

VeChain shall not be liable for a failure or delay in performing any of its obligations under these Terms to the  extent that such failure or delay is due to causes beyond its reasonable control, including, but not limited to, the  following:


(i) acts of God; (ii) flood, fire, earthquake, hurricanes or other natural disasters or catastrophes; (iii)  epidemics, pandemics or other viral outbreaks; (iv) war, invasion, hostilities (whether war is declared or not),  terrorist threats or acts, riot or other civil unrest; (v) government order, law, or actions; (vi) telecommunication  breakdowns, power outages or shortages; and (vii) cybersecurity incidents, including but not limited to hacking,  denial-of-service attacks, blockchain protocol failures, smart contract exploits, or unauthorized access to digital  assets. 


14. MISCELLANEOUS 

(a) No Waiver of Rights. The failure by us to enforce any right or provision of these Terms shall not prevent any  party from enforcing such right or provision in the future. No waiver by a party of any of the provisions of these  Terms is effective unless explicitly set forth in writing and signed by such party. No failure to exercise, or delay in  exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any  other or further exercise thereof or the exercise of any other right, remedy, power, or privilege; 


(b) Export Laws. You agree that you will not export or re-export, directly or indirectly, RESTIFY, and/or other  information or materials provided by VeChain hereunder, to any Excluded Jurisdiction or Disqualified Person; 


(c) Severability. If any provision of these Terms is found to be unlawful or unenforceable, then that provision shall  be deemed severable from these Terms and shall not affect the enforceability of any other provisions; 


(d) Entire Agreement. These Terms constitute the sole and entire agreement of the parties with respect to the  subject matter contained herein, and supersedes all prior and contemporaneous understandings and  agreements, both written and oral, with respect to such subject matter; and 


(e) Interpretation. The headings of the sections and subsections contained in these Terms are included for  reference purposes only, solely for the convenience of the parties, and shall not in any way be deemed to affect  the meaning, interpretation or applicability of these Terms or provision hereof. When the context requires, the  plural shall include the singular and the singular the plural; and any gender shall include any other gender. All  references to “including” or “includes” or any variation thereof shall be deemed to include the terms “without  limitation”. The words “hereunder,” “hereof,” “hereto” and words of similar import shall be deemed references to  these Terms as a whole. To the extent not prohibited by applicable law, these Terms shall not be construed  against the party who drafted these Terms.

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