SUMMON PLATFORM
USER AGREEMENT
Last Modified: April 26, 2023
PLEASE CAREFULLY READ THIS USER AGREEMENT BEFORE USING THIS WEBSITE OR ANY ASSOCIATED PAGES, PRODUCTS, APPLICATIONS, SERVICES OR DECENTRALIZED PROTOCOLS LINKED OR MADE AVAILABLE ON OR THROUGH THIS WEBSITE, AS THEY MAY MATERIALLY AND OR ADVERSELY AFFECT OR LIMIT YOUR LEGAL RIGHTS AND OBLIGATIONS.
THIS USER AGREEMENT MAY CHANGE AT ANY TIME WITHOUT NOTICE TO YOU AND CREATE LEGAL AGREEMENT BETWEEN YOU AND THE SUMMON PLATFORM OPERATING COMPANY REGISTERED AND BASED IN CAYMAN ISLANDS (“SUMMON PLATFORM OPERATING COMPANY”) AND GOVERN YOUR USE OF THIS WEBSITE. ANY WEBSITES, PRODUCTS, APPLICATIONS, SERVICES, OR DECENTRALIZED PROTOCOLS REFERENCED, LINKED OR MADE ACCESSIBLE THROUGH THIS WEBSITE TO THIRD PARTY WEBSITES, PAGES, PRODUCTS, SERVICES OR DECENTRALIZED PROTOCOLS SHALL UNDER NO CIRCUMSTANCES WHATSOEVER BE DEEMED OR CONSTRUED AS AN EXPRESS OR IMPLIED ENDORSEMENT OF SUCH BY SUMMON PLATFORM OPERATING COMPANY.
BY ACCESSING OR USING SUMMON PLATFORM OPERATING COMPANY’S WEBSITES AND ANY ASSOCIATED WEBSITES, PRODUCTS, SERVICES, APPLICATIONS OR PROTOCOLS, WHETHER DEVELOPED OR MAINTAINED BY SUMMON PLATFORM OPERATING COMPANY, ONE OF ITS AGENTS OR AFFILIATES, OR OTHER THIRD PARTY, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT, AND AGREE TO BE LEGALLY BOUND BY THE MOST RECENT VERSION OF USER AGREEMENT WHICH YOU HEREBY ACKNOWLEDGE AND AGREE CREATE A LEGALLY ENFORCEABLE AGREEMENT BETWEEN YOU AND SUMMON PLATFORM OPERATING COMPANY. IF YOU DO NOT OR CANNOT AGREE TO USER AGREEMENT OR ARE UNDER THE AGE OF EIGHTEEN (18), YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICES.
PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT REQUIRES YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ACCESSING THIS WEBSITE AND/OR USING ANY ASSOCIATED WEBSITES, PAGES, PRODUCTS, SERVICES, OR PROTOCOLS ASSOCIATED WITH OR LINKED TO THIS WEBSITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND ALL THE TERMS OF THIS AGREEMENT AN HAVE TAKEN TIME TO SUFFICIENTLY CONSIDER ALL OF THE POTENTIAL RISKS AND CONSEQUENCES OF THIS IMPORTANT DECISION.
Accessing the Website
User Agreement apply to the websites and applications, products, services, and decentralized protocols developed, owned, operated maintained, or updated by the Summon Platform Operating Company and its agents, affiliates, service providers, partners, and licensors (hereinafter referred to as “Summon Platform Operating Company”, “We”, “Our,” or “Us”) and the Services offered thereon. Such websites and mobile applications are collectively referred to as the “Websites,” or each individually as the “Website.” In some cases, the Websites may be governed by different terms of use (“Additional Terms”), in which case any conflicting terms in the Additional Terms shall prevail over the terms and conditions of User Agreement.
When accessing and using this Website and all associated Services (as hereinafter defined), you shall comply with User Agreement, which the Summon Platform Operating Company may amend at any time and without prior notice. Such amended User Agreement shall be effective upon publication on the Website and shall continue until you stop accessing the Website and using the Services. Therefore, it is your sole responsibility to ensure you have read, understand, acknowledge, and agree to the current terms and conditions contained in User Agreement and any future, updated, revised, amended, and/or modified terms applicable to your access or use of the Website, the Services, and any products, services, and decentralized protocols subject to these terms.
The Services
We grant you a limited license to use the Services. Contingent upon your ongoing compliance with the Agreement, we grant you a personal, worldwide, revocable, non-exclusive, and non-assignable license to use the software provided to you as part of our Services. The only purpose of this license is to allow you to use and enjoy the Services solely as permitted by these Terms.
Unless stated otherwise, you should assume that the Summon Platform Operating Company owns all rights in the Services. We own all right, title, and interest in and to the Services including, without limitation, all copyrights in and to any content, code, data, or other materials that you may access or use on or through the Services, notwithstanding that the code for the Services and the front-end interface deployed on may be decentralized, open-source, or publicly visible in nature. Except as expressly set forth herein, your use of or access to the Services does not grant you any ownership or other rights therein.
We may use and share your feedback. Any comments, bug reports, ideas, or other feedback that you may provide about our Services, including suggestions about how we might improve our Services, are entirely voluntary. You agree that we are free to use or not use any feedback that we receive from you as we see fit, including copying, and sharing such feedback with third parties, without any obligation to you.
Use of the Services
The Services offered via the Website are those you interact with from the Website, particularly and any associated protocols, code, scripts, programs, applications, products, and services, including without limitations any smart contracts underlying the foregoing (collectively, the “Services”). You hereby agree to access the Website and use the Services in full compliance with per User Agreement and any applicable laws and regulations applicable in your jurisdiction.
You acknowledge the risks of using the Services. You bear sole responsibility for evaluating the Services before using them, and all transactions accessed through the Services are irreversible, final, and without refunds. The Services may be disabled, disrupted, or adversely impacted because of cyber-attacks, surges in activity, computer viruses, and/or other operational or technical challenges, among other things. We disclaim any ongoing obligation to notify you of all the potential risks of using and accessing our Services. You agree to (defined below) accept these risks and agree that you will not seek to hold the Summon Platform Operating Company or any of its affiliates responsible for any consequent losses.
You are solely responsible for the security of your wallet. You understand and agree that you are solely responsible for maintaining the security of your wallet or account. Any unauthorized access to your wallet or account by third parties could result in the loss or theft of any digital assets, or any funds held in your wallet and any associated accounts. You understand and agree that we have no involvement in, and you will not hold us responsible for managing and maintaining the security of your wallet(s) or account(s). You further understand and agree that we are not responsible, and you will not hold us accountable, for any unauthorized access to your wallet. It is your responsibility to monitor your wallet and maintain the security of your own private keys.
You further agree that when using the Services that you will not:
1 Use the Services in connection with surveys, contests, chain letters, junk email, illegal schemes, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
2 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
3 Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, illegal, indecent, or unlawful topic, name, material, or information.
4 Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright, or trademark laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consent to do the same.
5 Use any material or information, including images or photographs, made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any party.
6 Use the Services to transmit files that contain viruses, malware, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
7 Use the Services in any manner which could be perceived as deceptive or dishonest.
8 Use the Services to advertise for sale any illicit products or services.
9 Download any file posted by another user of the Services that You know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
10 Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
11 Restrict or inhibit any other user from using and enjoying the Services.
12 Harvest or otherwise collect information about others, including e-mail addresses or any other information that could be deemed ‘personal’ in nature.
13 Create a false identity to mislead others or otherwise provide false registration information for any Services which may require registration.
14 Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
15 Any other activity or use of the Services that is reasonable to expose the Summon Platform Operating Company or its users to the undue risk of loss, harm, or liability of any type whatsoever within the sole discretion of the Summon Platform Operating Company and/or its designated agents.
The Summon Platform Operating Company hereby reserves the right to review your use of the Services and restrict or terminate Your access to the Services at any time, without notice, for any reason whatsoever. The Summon Platform Operating Company always reserves the right to disclose any information as the Summon Platform Operating Company deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at its sole discretion.
Payment of Fees
Your use of some Services may require payment of fees to the protocol which is nonrefundable. In addition, executing transactions on the blockchain generally requires the payment of a transaction fee, which users should note are also nonrefundable. The underlying software protocol(s) are built around a set of permissionless, open-source, self-executing, and non-custodial smart contracts and scripts, and as such, Summon Platform Operating Company itself does not provide Services to users or send, hold, or deliver users’ digital assets. Services and transactions conditioned upon payment to the protocol are accompanied by payment terms specific to that Service or transaction. If you do not comply with the payment terms of the Services, Summon Platform Operating Company reserves the right to restrict or terminate your use of the Services without notice.
Disclaimer and Limitation of Liability
Summon Platform Operating Company does not warrant the accuracy, reliability, timeliness, or availability of any information published or not published on the Website, nor does it endorse any content, viewpoints, products, or services linked from this Website, and shall not be held liable for any losses caused by reliance on the accuracy, reliability, timeliness, or availability of such information. You acknowledge that some or all such information may be incorrect, inaccurate, not current, or unavailable from time to time. Any person or entity that relies on any information obtained from the Website does so at their own risk and without legal recourse.
This Website may provide links to other websites not under Summon Platform Operating Company's control. Summon Platform Operating Company shall not be responsible for the content of such other websites. To the extent applicable, Summon Platform Operating Company provides such links only as a convenience to you and the inclusion or publication of any link to any such website(s) does not imply endorsement by Summon Platform Operating Company of the content of such websites.
ALL CONTENT AND OTHER INFORMATION MENTIONED ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS. SUMMON PLATFORM OPERATING COMPANY HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT OR OTHER INFORMATION. SUMMON PLATFORM OPERATING COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE. YOU ACKNOWLEDGE ANY INFORMATION SENT OR TRANSMITTED OVER THE INTERNET MAY BE INTERCEPTED BY MALICIOUS THIRD PARTIES. SUMMON PLATFORM OPERATING COMPANY DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY SUMMON PLATFORM OPERATING COMPANY OR IMPERSONATORS OF SUMMON PLATFORM OPERATING COMPANY ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. AGAIN, SUMMON PLATFORM OPERATING COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS OR DAMAGE RESULTING FROM ANY DEFECT REGARDLESS OF FAULT OR NEGLIGENCE TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
IN NO EVENT WHATSOEVER SHALL SUMMON PLATFORM OPERATING COMPANY OR ANY OF ITS AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, VENDORS, COUNSEL, OR THE LIKE, BE LIABLE TO YOU OR OTHERS FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF FUNDS, ASSETS, BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE SERVICES.
Right to Restrict Access
You agree that we have the right to restrict your access to the Services via any technically available methods if we suspect, in our sole discretion, that (a) you are using the Services for money laundering or any illegal activity; (b) you have engaged in fraudulent activity; (c) you have acquired digital assets using inappropriate methods, including the use of stolen funds to purchase such assets; (d) you are the target of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the United Nations Security Council, the European Union, Her Majesty’s Treasury, or any other legal or regulatory authority in any applicable jurisdiction; (e) either you, as an individual or an entity, or your wallet address is listed on the Specially Designated Nationals and Blocked Persons List (“SDN List”), Consolidated Sanctions List (“Non-SDN Lists), or any other sanctions lists administered by OFAC; (f) you are located, organized, or resident in a country or territory that is, or whose government is, the subject of sanctions, including but not limited to Côte d’Ivoire, Belarus, Iran, Iraq, Liberia, Venezuela, Yemen, Cuba, Burma, Balkans, North Korea, Sudan/Darfur, Syria and certain regions of Ukraine including Donetsk, Crimea, and Luhansk; or (g) you have otherwise acted in violation of these Terms. If we have a reasonable suspicion that you are utilizing the Site for illegal purposes, we reserve the right to take whatever action we deem appropriate.
Intellectual Property
Copyright and all other intellectual property rights for the Website and all material mentioned on it, including but not limited to software, audio, video, text, image, and photographs (hereinafter referred to as “Content”) and Services rests with Summon Platform Operating Company, its affiliates, its partners or its licensors and licensees, including other users. All rights in the Content and Services not expressly granted herein are reserved by Summon Platform Operating Company, its affiliates, partners, or its licensors and licensees. Unless otherwise provided, the Content and Services published on this Website may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the Content or Services, including without limitation distribution, reproduction, modification, display, or transmission without the prior written consent of Summon Platform Operating Company is strictly prohibited. Users shall retain all copyright and other proprietary labels and notices on all reproductions of the Services in any medium or format.
Linking to Website and Services
Summon Platform Operating Company consents only to links to the Website in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent Your relationship with Summon Platform Operating Company; (c) imply that Summon Platform Operating Company approves or endorses you, your company, your website and/or your service(s), product offering(s) or brand(s); and (d) publishing or presenting false or misleading impressions about Summon Platform Operating Company, the protocol or otherwise damage the goodwill associated with Summon Platform Operating Company name or its trademarks whatsoever. Failure to abide by the foregoing terms may result in serious legal consequences and consequences and you acknowledge and hereby agree to indemnify and reimburse Summon Platform Operating Company for all legal costs and fees associated with such legal action taken against you without limitation.
You further acknowledge and agree that Summon Platform Operating Company may at any point in time, in its sole discretion, terminate, withdraw your right to link to the Websites, the Services, the Protocol and/or use of Summon Platform Operating Company’s trademarks and/or copyrights where permission may have been previously granted. Summon Platform Operating Company may also demand that you cease and desist linking the Websites, the Services, the Protocol and/or use of Summon Platform Operating Company’s trademarks, copyrights, and all other proprietary intellectual property. If either occurs, you hereby agree to immediately remove all links to the Websites and/or the Services and cease use of Summon Platform Operating Company’s trademarks and/or copyrights. Failure to immediately abide by any such demand may result in serious legal consequences and you acknowledge and hereby agree to indemnify and reimburse the Summon Platform Operating Company for all legal costs and fees associated with such legal action taken against without limitation.
Furthermore, the Summon Platform Operating Company reserves the right, in its sole discretion to terminate your use of the Services, Protocol, and Websites, and we may elect to use any measures available to suspend, restrict, terminate, and/or block your use of any or all the Services, Protocol or Websites, with or without prior notice to you, for any reason whatsoever.
If any of the foregoing actions or measures occur, you acknowledge and agree that you shall have no legal recourse against Summon Platform Operating Company, and under no circumstance shall Summon Platform Operating Company be liable to you for any damages, loss, inconvenience, or any other claim for redress whatsoever. Summon Platform Operating Company hereby expressly disclaims all liability of any kind for measures taken to enforce the terms of the Services, Protocol, and/or Websites.
Assumption of Risk
By accessing this Website and/or using the Services, you assume the risks of engaging in transactions that rely on open-source smart contracts existing on the blockchain network and other technologies still considered “experimental” in nature. The Services rely upon smart contracts, scripts, and other software, applications and systems that interact with blockchain-based networks which in some or all cases. These technologies are inherently risky. Some of the risks associated with all decentralized protocols including the Protocol include bugs, malfunctions, cyberattacks, or changes to the blockchain network itself (such as “forks”) could disrupt the state and integrity of these technologies. As a result, you could lose all your digital assets and, in such event, Summon Platform Operating Company shall not be liable for your loss or any other damages that arise from your use of the Services and/or Protocol. You are solely responsible for the safekeeping of the private key associated with the blockchain wallet you use to interact with the Protocol. You assume all responsibility for all risk of loss and Summon Platform Operating Company shall have no liability or responsibility to you for any such risks. If you are not comfortable assuming these risks, you are not authorized to access or engage with the Protocol or Services because these risks are inherent to the use of blockchain technology.
YOU ACKNOWLEDGE YOUR UNDERSTANDING THAT ALL TRANSACTIONS RECORDED TO DECENTRALIZED PUBLIC BLOCKCHAINS, INCLUDING TRANSFERS OF DIGITAL ASSETS AND ALL DATA PROGRAMMED INTO THESE ASSETS (SUCH AS REVENUE AND INTEREST ALLOCATIONS), MUST BE TREATED AS PERMANENT AND CANNOT BE REVERSED BY SUMMON PLATFORM OPERATING COMPANY OR BY ANYONE ELSE. YOU MUST EXERCISE EXTREME CAUTION AND CARE WHEN YOU FINALIZE ANY TRANSACTION THAT WILL BE RECORDED ON THE BLOCKCHAIN.
Compliance
You agree to comply with all applicable laws and regulations and acknowledge that it is your sole responsibility to be aware of all legal requirements applicable to your use of the Services, which are subject to change at any time.
Moreover, you are responsible for your taxes and duties. Users bear sole responsibility for paying all taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with their use of the Services, and/or payable as the result of using and/or exploiting any digital assets and interacting with smart contracts. Blockchain-based transactions are novel, and their tax treatment is uncertain in many jurisdictions. Therefore, it is the responsibility of each user to understand and comply with all tax laws and regulations applicable to them in each jurisdiction in which such obligations are owed given their particular circumstances.
Indemnification
You shall indemnify and hold Summon Platform Operating Company, its officers, boards, employees, contractors, advisors, vendors, service providers, counsel and other agents, affiliates, and other related parties harmless from all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liabilities of any kind whatsoever, whether actual or hypothetical including but not limited to, attorney’s fees and costs of defense which it may incur as result of your own misconduct, including any violation of User Agreement. You also acknowledge that you may be subject to punitive damages if such misconduct or violation of the terms and conditions of User Agreement rises to the level of willful, wreckless, negligent, careless, or tortious conduct. This includes but is not limited to your violation of any third-party intellectual property rights or license arising out of your use of the Websites or Services, regardless of whether or not the willful, negligent, or tortious act is caused in part by Summon Platform Operating Company itself to the fullest extent permissible under applicable law.
Governing Law and Arbitration
The User Agreement shall be governed by the laws and regulations of Cayman Islands. Any dispute, controversy, or claim arising out of, or in relation to, this contract, including regarding the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in force on the date on which the Notice of Arbitration is submitted in accordance with those Rules and the following shall apply:
Notwithstanding the foregoing, the parties may mutually agree in writing at any time to submit the dispute to mediation in accordance with the Swiss Rules of Commercial Mediation of the Swiss Chambers’ Arbitration Institution.
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL ANY REAL OR HYPOTHETICAL CLAIM YOU MAY HAVE OR ALLEGE TO HAVE AGAINST SUMMON PLATFORM OPERATING COMPANY, INCLUDING WITHOUT LIMITATION SUMMON PLATFORM OPERATING COMPANY’S PAST AND PRESENT AFFILIATES, OFFICERS, DIRECTORS, CONTRACTORS, EMPLOYEES, COUNSEL, ADVISORS, BOARD OF DIRECTORS, AGENTS, VENDORS OR SERVICE PROVIDERS MUST BE BROUGHT INDIVIDUALLY IN ACCORDANCE WITH THIS SECTION. YOU SHALL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN OR PARTICIPATE IN A CLASS ACTION AGAINST THE SUMMON PLATFORM OPERATING COMPANY.
Severability
If any provision of User Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect by a court or arbitrator of competent jurisdiction, to such extent such provision shall be deemed null and void and severed from User Agreement and the remainder hereof shall remain in full force and effect.
Contacting the Summon Platform Operating Company
To submit questions regarding this User Agreement or to exercise any rights relating to your personal information, please contact the Summon Platform Operating Company by email at the following address: userpolicy@summonplatform.io.