SNKRZ Terms of Use

Last Updated: 14 September 2023

Effective Date: 14 September 2023

INTRODUCTION

These Terms constitute a legally binding agreement between you (“you” or “your”) and SNKRZ (“Snkrz”, “we”, “our” or “us”). The Terms govern your use of the SNKRZ Services made available to you on or through the Platform or otherwise. SNKRZ Services may be provided by SNKRZ or, if specified in these Terms, any Product Terms or any additional terms, by any SNKRZ Affiliate.

By registering for a SNKRZ Account, accessing the Platform, and/or using the SNKRZ Services, you agree that you have read, understood, and accepted these Terms, together with any additional documents or terms referred to in these Terms. You acknowledge and agree that you will be bound by and will comply with these Terms, as updated and amended from time to time.

If you do not understand and accept these Terms in their entirety, you should not register for a SNKRZ Account or access or use the Platform or any SNKRZ Service.

TERMS OF USE

SNKRZ is a Web3 Lifestyle app (App) launched by Sky City Digital Inc (Company). Users of the App can accumulate tokens by walking, jogging, running, or cycling outdoors. Access to, and use of, the App and the services available through the App (Services) are subject to the following terms, conditions, and notices (Terms of Use). By accessing the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

1. Amendments to Terms of Use

The Company reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on the App or through the Services. Your continued use of the App and the Services following such notification will represent an agreement by you to be bound by the Terms of Use as amended.

2. App

Access to the App is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the App.

We may from time to time change the amount of which users get tokens using the App. We may reverse benefits allocated to you if we reasonably consider the circumstances justify a reversal, for example if they are allocated to you by mistake or if you accumulated them by misusing or abusing the App or the Services or in a way that is fraudulent, dishonest, or otherwise unacceptable.

You are responsible for ensuring your security of access to any digital wallet used by you in connection with the App or the Services.

We make no representation and give no warranty that tokens accumulated through the App or the Services will have any particular value or any monetary value at all. You are liable for any loss or diminution value of tokens.

3. Privacy policy

Our privacy policy, which sets out how we will use your personal information, can be found at https://thesnkrz.gitbook.io/privacy. By using the App, you consent to our collection, storage, use, and disclosure of your personal information as set out in the privacy policy and warrant that all data provided by you is accurate.

4. Safety warnings

The company offers health and fitness information and is designed for educational and entertainment purposes only. You should consult your physician or general practitioner before beginning a new fitness program using the app or service. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician, general practitioner, or other healthcare professional. Do not disregard, avoid, or delay obtaining medical or health-related advice from your healthcare professional because of your quest to accumulate tokens on the move using the app or the services. The use of any information provided through the app and the services is solely at your own risk and is not medical or healthcare advice.

5. Disclaimer of representations and warranties

To the full extent permitted by law, the company makes no representation or warranty of any kind, implied or express, as to the app’s or services’ accuracy, completeness, or appropriateness for any purpose.

6. User representations and warranties

In becoming a user of the App and the Services, you represent and warrant that all of the following statements are true:

  1. No physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner;

  2. You have never felt chest pain when engaging in physical activity;

  3. You have not experienced chest pain when not engaged in physical activity at any time within the past month;

  4. You have never lost your balance because of dizziness and you have never lost consciousness;

  5. You do not have a bone or joint problem that could be made worse by a change in your physical activity;

  6. Your physician or general practitioner is not currently prescribing medication for your blood pressure or heart condition;

  7. You do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and

  8. You do not know of any other reason you should not exercise.

7. Prohibitions

You must not misuse this App or the Services. This means that you must not (among other things):

  1. Commit or encourage a criminal offense;

  2. Transmit or distribute a virus, trojan, worm, logic bomb, or any other material that is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene;

  3. Hack into any aspect of the App or the Services, corrupt data, or cause annoyance to other users;

  4. Infringe upon the rights of any other person's proprietary rights;

  5. Send any unsolicited advertising or promotional material, commonly referred to as “spam”;

  6. Attempt to affect the performance or functionality of any computer facilities of or accessed through this App or the Services;

  7. Use an emulator or similar third-party software to cheat in accumulating benefits or gain an advantage;

  8. Make false, inaccurate, misleading, or deceptive representations;

  9. Engage in fraudulent conduct or abuse, misuse or attempt to abuse or misuse the App or the Services;

  10. Submit any content that contravenes any laws;

  11. Infringe on the rights of any person who has a copyright, patent, trademark, or any other form of intellectual property right, confidentiality, or privacy;

  12. Contravene any applicable state, federal, or international law or regulation;

  13. Engage in defamatory or libelous conduct towards any other person;

  14. Threaten or harass any other person;

  15. Publish or engage in obscene material that in the Company’s sole discretion, is in any way inappropriate or unsuitable for the platform;

  16. Publish or participate in publishing any malicious code, script, or data that may cause harm, damage, or interfere or modify the App or the Services without the express prior written consent from the Company; or

  17. Engage in conduct deemed contrary to the spirit of the App or the Services as determined by the Company in its sole discretion.

You agree that, except as these Terms of Use expressly provide otherwise, we do not need to notify you in advance or give you any reasons for any action we may take in connection with your misuse of the App or the Services, including suspending or canceling your access to the App and the Services.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this App or to your downloading of any material posted on it, or any Linked Sites.

We are not liable for any loss of tokens or assets incurred as a result of the suspension or cancellation of your access to the App and the Services

8. Abuse

You must not abuse this App or the Services. This means that you must not (among other things):

Following abuses will be banned permanently:

  1. GPS spoofing/hacking

  2. Motion simulating/hacking

  3. The act of generating movement using external forces, such as mechanical devices, rather than actual physical activity, to obtain goods.

  4. Move with multiple mobiles with SNKRZ activated at the same time

  5. Multiple user share one or more SNKRZ accounts

  6. Riding a bicycle while walking/running mode.

  7. Reverse engineering

  8. Other acts that constitute a computer-related obstruction of business

  9. Acts that fall under computer-related fraud with the purpose of gaining financial benefit, etc

Following abuses will be banned for 180 days for the first time, permanently banned the second time:

  1. Friend invitation abuse

  2. The act of intentionally deleting unfavorable information within an account or intentionally withdrawing/rejoining an account in order to receive event benefits multiple times.

  3. Using the results of the services provided by the company for illegal purposes

  4. Using the service for profit, business, political activities, etc., without the company's consent

9. Indemnity

To the maximum extent permitted by law, you are liable for and must indemnify, defend, and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any liability, loss, damages, costs, or third party claims (including, but not limited to, legal fees on an indemnity basis), however caused, in connection with:

  1. Your use of the App or the Services;

  2. Any user content submitted by you or on your behalf;

  3. Any breach of these Terms of Use by you;

  4. Any alleged or actual infringement of a third party’s intellectual property rights or other rights in connection with your use of the App or the Services; or

  5. Any unlawful or negligent act of you or anyone acting on your behalf.

Each indemnity contained in these Terms of Use is a continuing obligation notwithstanding any settlement of account or the occurrence of any other thing, and the Company doesn't need to incur expense or make payment before enforcing or making a claim under an indemnity.

10. Invalidity

If any part of the Terms of Use are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

11. Governing law and jurisdiction

These Terms of Use are governed by the law of British Virgin Islands and you agree to submit to the exclusive jurisdiction of the courts of British Virgin Islands.

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