These Terms of Use is entered between you (hereinafter referred to as “you” or “your”) and AI Sport operators (as defined below). By accessing, downloading, using or ticking to accept any AI Sport Services (as defined below) provided by AI Sport (as defined below), you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms of Use (hereinafter referred to as “these Terms”) as well as our プライバシーポリシー. In addition, when using some features of the AI Sport Services, you may be subject to specific additional terms and conditions applicable to those features.

Please read these terms carefully as they govern your use of AI Sport Services. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives. BY MAKING USE OF AI SPORT SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF AI SPORT SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) AI SPORT SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.

By accessing, using or attempting to use AI Sport Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access AI Sport or utilise AI Sport Services.

1. DEFINITIONS

“You” and “your” means you, the person(s) accessing AI Sport Services and/or the party on whose behalf you are doing so.

“AI Sport” refers to an ecosystem comprising AI Sport websites (whose domain names include but are not limited to www.aisport.com), mobile app, clients and other applications that are developed to offer AI Sport Services, and includes independently-operated platforms, websites and clients within the ecosystem. In case of any inconsistency between relevant terms of use of the above platforms and the contents of these Terms, the respective applicable terms of such platforms shall prevail.

“AI Sport Operators” refer to all parties that run AI Sport, including but not limited to legal persons, unincorporated organisations and teams that provide AI Sport Services and are responsible for such services. For convenience, unless otherwise stated, references to “AI Sport” and “we” in these Terms specifically mean AI Sport Operators. UNDER THESE TERMS, AI SPORT OPERATORS MAY CHANGE AS AI SPORT’S BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF AI SPORT OPERATORS

MAY BE EXPANDED DUE TO THE PROVISION OF NEW AI SPORT SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE AI SPORT SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED AI SPORT OPERATORS. IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE PERFORMED WITH YOU AND THE COUNTERPARTIES OF THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS.

“AI Sport Accounts” refer to the foundational virtual accounts, including main accounts and sub accounts, which are opened by AI Sport for Users to record on AI Sport their usage of AI Sport Services, transactions, asset changes and basic information. AI Sport Accounts serve as the basis for Users to enjoy and exercise their rights on AI Sport.

“AI Sport Services” refer to various services provided to you by AI Sport that are based on Internet and/or blockchain technologies and offered via AI Sport websites (whose domain names include but are not limited to www.aisport.com), mobile app, clients and other forms (including new ones enabled by future technological development).

“AI Sport Platform Rules” refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by AI Sport, as well as all regulations, implementation rules, product process descriptions, and announcements published within products or service processes.

“Digital Currencies” refer to encrypted or digital tokens or cryptocurrencies or stable coins with a certain value that is based on blockchain and cryptography technologies and are issued and managed in a decentralised form.

“Digital Assets” refer to Digital Currencies, their derivatives or other types of digitalised assets with a certain value.

“Users” refer to all individuals, institutions or organisations that access, download or use AI Sport Services and who meet the criteria and conditions stipulated by AI Sport. If there exist other agreements for such entities as developers, distributors, and Digital Currencies exchanges, such agreements shall be followed.

2. General Provisions

These Terms constitute a legal agreement and create a binding contract between you and AI Sport Operators.

AI Sport reserves the right, at its sole discretion, to change, modify, add to, or remove portions of these Terms of Use at any time and to restrict access to any AI Sport Services at any time, without notice or liability. AI Sport suggests that you check these Terms of Use periodically for changes. If you use AI Sport services after changes are posted to this section, you accept the changed Terms of Use.

Certain AI Sport Services are provided to you free-of-charge, while other AI Sport Services, including, without limitation, the AI Sport App Membership (the “Membership“) require payment before you can access them. If you choose to subscribe to the Membership, please review the provisions of the ‘Membership’ Section below, in addition to all of the other provisions of these Terms. If you are not a subscriber of the Membership, then the Membership Section does not apply to you. References to AI Sport Services throughout these Terms include the Membership.

3. Information about AI Sport Services

The AI Sport Services currently provides users with various features and services, including statistical review, contests, handicapper picks, articles, photo galleries, video, and rankings and other interactive and non-interactive features, all of which may be updated, deleted, or otherwise modified from time to time at the discretion of AI Sport.

The information about AI Sport Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. Nothing on AI Sport websites constitutes legal, tax, or investment advice. You must not, therefore, rely on the content of AI Sport Services when making any investment decisions. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any materials provided via AI Sport Services before making any decisions based on such materials. All Users of AI Sport Services must understand the risks involved in Digital Assets, and are recommended to exercise prudence and transact responsibly within their own capabilities.

IN EXCHANGE FOR USING SUCH MATERIALS, YOU AGREE NOT TO HOLD AI SPORT OPERATORS LIABLE FOR ANY POSSIBLE CLAIM FOR DAMAGES ARISING FROM ANY DECISION YOU MAKE BASED ON THE MATERIALS MADE AVAILABLE TO YOU THROUGH AI SPORT SERVICES.

4. Use of AI Sport Services

4.1. Eligibility

By registering to use a AI Sport Account, you represent and warrant that (i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organisation, you have full legal capacity and sufficient authorisations to enter into these Terms; (iii) you have not been previously suspended or removed from using AI Sport Services; (iv) you do not currently have an AI Sport Account; (v) you are a non-U.S User. If you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorisations to bind such legal entity; (vi) your use of AI Sport Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.

4.2. AI Sport Account Registration

All Users must apply for an AI Sport Account before using AI Sport Services. When you register an AI Sport Account, you must provide your real name, email address, mobile number, and password, and accept these Terms, the Privacy Policy, and other AI Sport Platform Rules. AI Sport may refuse, in its discretion, to open a AI Sport Account for you. You agree to provide complete and accurate information when opening a AI Sport Account, and agree to timely update any information you provide to AI Sport to maintain the integrity and accuracy of the information.
Users may choose to create usernames or nicknames, such usernames or nicknames shall abide by relevant laws and regulations and also in accordance with the social morality. Usernames and nicknames cannot contain any words which related to insults, threats, obscene, abuse and other violations of the legitimate rights and interests of others.
A User once registered, is responsible for all activities and events with this AI Sport Account and bear all the legal liability directly or indirectly caused by the language and behaviours of the use of your AI Sport Account.

4.3. User Identity Verification

Your registration of an account with AI Sport will be deemed your agreement to provide required personal information for identity verification. Such information will be used to verify Users’ identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes through AI Sport, or for other lawful purposes stated by AI Sport. We will collect, use and share such information in accordance with our Privacy Policy. In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and within five (5) years after your account is closed, in compliance with global industry standards on data storage. You also authorise us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, such as fraud. The information we require to verify your identity may include, but is not limited to, your name, email address, contact information, mobile number, username, government-issued ID, date of birth, and other information collected during account registration. When providing the required information, you confirm it is true and accurate. AFTER REGISTRATION, YOU MUST ENSURE THAT THE INFORMATION IS TRUE, COMPLETE, AND TIMELY UPDATED WHEN CHANGED. IF THERE ARE ANY GROUNDS FOR BELIEVING THAT ANY OF THE INFORMATION YOU PROVIDED IS INCORRECT, FALSE, OUTDATED OR INCOMPLETE, AI SPORT RESERVES THE RIGHT TO SEND YOU A NOTICE TO DEMAND CORRECTION, DIRECTLY DELETE THE RELEVANT INFORMATION, AND, AS THE CASE MAY BE, TERMINATE ALL OR PART OF AI SPORT SERVICES WE PROVIDE FOR YOU. IF WE ARE UNABLE TO REACH YOU WITH THE CONTACT INFORMATION YOU PROVIDED, YOU SHALL BE FULLY LIABLE FOR ANY LOSS OR EXPENSE CAUSED TO AI SPORT DURING YOUR USE OF AI SPORT SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE THE OBLIGATION TO UPDATE ALL THE INFORMATION IF THERE IS ANY CHANGE. BY REGISTERING AN ACCOUNT, YOU HEREBY AUTHORISE AI SPORT TO CONDUCT INVESTIGATIONS THAT AI SPORT CONSIDERS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR PROTECT YOU, OTHER USERS AND/OR AI SPORT FROM FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE NECESSARY ACTIONS BASED ON THE RESULTS OF SUCH INVESTIGATIONS. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT BUREAUS AND AGENCIES FOR FRAUD PREVENTION OR FINANCIAL CRIME PREVENTION, WHICH MAY RESPOND TO OUR INVESTIGATIONS IN FULL.

4.5. Account Security

AI Sport is committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for AI Sport Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your AI Sport Account and personal information.
You should be solely responsible for keeping safe of your AI Sport Account and password, and be responsible for all the transactions under your AI Sport Account. AI Sport assumes no liability for any loss or consequences caused by authorised or unauthorised use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
By creating an AI Sport Account, you hereby agree that:

1. you will notify AI Sport immediately if you are aware of any unauthorised use of your AI Sport Account and password or any other violation of security rules;
2. you will strictly abide by all mechanisms or procedures of AI Sport regarding security, authentication, deposit, executing transactions, and withdrawal; and
3. you will take appropriate steps to logout from AI Sport at the end of each visit.

4.6. Timeliness of content

All content on AI Sport Services is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

4.7. Modification and Discontinuation

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently AI Sport Services (or any portion thereof) with or without notice. You agree that we shall not be liable to you or to any third-party for any such modification, editing, deletion, suspension or discontinuance of AI Sport Services.

5. Membership Terms

5.1. Your Membership

1. To subscribe to the Membership, you will first need to be a registered user of the AI Sport Services. Once registered with your AI Sport Account, you may access the Membership page to process payment before you can access Membership Content.
2. Subject to compliance with the terms and conditions set forth in these Terms, during the term of your Membership, a user who has purchased and paid for a Membership will have a limited, revocable, non-transferable and non-exclusive personal license for a user’s personal access to view the Membership Content via up to four (4) unique devices owned by the user; provided, however, that the Membership Content may only be viewed by one (1) of the user’s designated devices at any one time.
3. AI Sport reserves the right to update and change the Membership, including its features and the selection of Content available in the Membership, at any time. In addition, AI Sport reserves the right to test various aspects of the Membership. AI Sport reserves the right to, and by using our Services you agree that we may, include you in or exclude you from these tests without notice. In the event of material changes to the Membership, AI Sport will post a notice in AI Sport websites.
4. As part of the Membership, AI Sport may send you emails regarding the Content or the Membership from time to time. You agree that AI Sport may send you these types of emails to the email address that you provided when registering. Because these emails are necessary for you to receive the Membership, you agree that you will receive these emails even if you have opted out of receiving other email from AI Sport. If you do not want to receive these types of emails, you may cancel your Membership at any time as provided in these Terms.
5. AI Sport reserves the right to deny, suspend or revoke access to the Membership Content, in whole or in part, if AI Sport believes a user is in breach of these Terms, or is otherwise using or accessing the Membership Content in a manner inconsistent with these Terms. You acknowledge and agree that AI Sport is providing access to and use of the Content to multiple users and those services are non-exclusive and non-transferable by you.

5.2. Fees, Payments and Renewal

1. By subscribing to the Membership, you are agreeing to pay a membership fee (the “Fees”), that will be made clear to you on our membership page. You agree to pay the fees at the rates notified to you at the time you purchase your membership. For certain memberships you can take out either an annual or monthly (or other frequency we offer) membership. You can also take out any other fixed term or payment frequency that we may offer from time to time. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your membership. We will always tell you in advance of any increase in the price of your membership and offer you an opportunity to cancel it if you do not wish to pay the new price.
2. Your Membership will automatically renew and the relevant Fees be charged to your AI Sport Account at the then current rate unless you unsubscribe as specified herein. The Fees will be deducted from your AI Sport Account automatically at the beginning of your Membership period, and at the beginning of each renewal Membership period unless you cancel your Membership or your AI Sport Account or your Membership is suspended or terminated pursuant to these Terms. The renewal Membership period will be the same length as your initial Membership period unless otherwise disclosed to you at the time of sale.
3. The Fees charged to your AI Sport Account may vary due to changes in your Membership plan, and you authorise AI Sport to charge your AI Sport Account for these amounts. AI Sport reserves the right to change the pricing of the Membership at any time. In the event of a price change, AI Sport will post the new pricing on AI Sport websites and attempt to notify you in advance by sending an email to the address you registered with (or subsequently changed) for your account. You agree that by providing you with notice through an electronic communication from us and via all agreements, notices, disclosures, and other communications that we provide to you electronically, AI Sport satisfies any legal requirement that such communications be in writing. If you do not wish to accept a price change, you may cancel your Membership, otherwise you will be deemed to have consented to the price change and authorise AI Sport to deduct the new Fees from your AI Sport Account. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify AI Sport within 60 days after they first appear on an account statement.
4. If you cancel your Membership during a Membership period, you will not receive a refund for any portion of the Fees for the remainder of the current membership period. In rare circumstances, we may provide a credit, discount, or other consideration to some or all of our subscribers (“Credits“). The amount and form of such Credits, and the decision to provide them, are at our sole discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
5. You can cancel your Membership at any time by contacting AI Sport. If you cancel your Membership, the cancellation will go into effect at the end of the then-current Membership period. You will have continued access to the Membership for the remainder of your then-current paid Membership period, but you will not receive a refund of any fees paid. You must cancel your then-current Membership before it renews for the next Membership period to avoid paying the Fees for the next Membership period. After cancellation of your Membership, you will continue to owe any accrued amounts due under these Terms and not yet paid. You acknowledge and agree that cancellation of your Membership is your sole recourse if you have any dissatisfaction, issue or concern related to the Membership, its Content or features, including Fees, or billing methods; these Terms, including the Privacy Policy, or any changes thereto; or any other of the Membership policies or practices.
6. If you fail to pay any Fees when due, as a result of insufficient funds in your AI Sport Account, or otherwise: (1) you will remain liable for all such amounts; (2) you authorise AI Sport to continue charging your AI Sport Account until it has sufficient balance; and (3) we may suspend or terminate your Membership. Upon the expiration or termination of these Terms for any reason, user’s access to, and use of, the Membership Content will terminate.

6. Limited Licenses and Restrictions on Use of Materials

1. Provided that you constantly comply with the express terms and conditions stated in these Terms, AI Sport grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sub licensable license to access and use AI Sport Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use AI Sport Services for resale or commercial purposes, including transactions on behalf of other persons or entities.
2. You may not
   
   
   1. Copy, reproduce, republish, upload, post, transmit, license, create derivative works from, sell, exploit, or distribute in any way any material from AI Sport Services other than for your own internal and legitimate business or personal purposes;
   2. Copy, modify, remove, obscure or display AI Sport’s name, logo, trademarks, text, or graphic images in any way without AI Sport’s express written permission except as set forth in this section;
   3. Redeliver any of the pages, text, images, or content of AI Sport Services using “framing” technology;
   4. Modify or use the pages, text, images, or content from AI Sport Services for any other purpose; doing so is a violation of AI Sport’s copyrights and other proprietary rights; or
   5. Include the term “AI Sport,” any AI Sport trademark, or any variation of the foregoing, as a meta-tag, hidden textual element or any other indicator that creates an impression of affiliation, sponsorship or endorsement by AI Sport Operators.
3. AI Sport grants you a limited, revocable, non-exclusive right to create a hyperlink to AI Sport’s homepage at www.aisport.com only, provided you comply at all times with the conditions laid out herein. Linking to other content within the website is prohibited without AI Sport’s express written permission. The text of the link must read either “AI Sport ” or “www.aisport.com”. You may not use any AI Sport logo or graphic, or any other AI Sport trademark, as part of the link without AI Sport’s express written permission. The link and surrounding context on the linking site must not:

    
   1. Falsely represent or misrepresent any relationship between the linking site and AI Sport, including suggestions of affiliation, endorsement or sponsorship
   2. Portray AI Sport or AI Sport services, in a false, misleading, derogatory or otherwise offensive manner; or
   3. Alter the layout, content, look or feel of the website. You may not maintain numerous or pervasive links to the website.
       
4. AI Sport owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about AI Sport or AI Sport Services that you provide through email, AI Sport Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to AI Sport. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.

7. Third-Party Content

AI Sport is in no way responsible for the content of any site owned by a third-party that may be linked to AI Sport Services via hyperlink, whether such hyperlink is provided by AI Sport or by a third-party. Where AI Sport Services contains links to other sites and resources provided by third-parties, these links are provided for your information only. AI Sport has no control over, and does not prepare, edit, or endorse, the contents of those sites or resources and AI Sport does not makes any representation as to the accuracy, timeliness, suitability for use, or completeness of any of such sites or resources and has not and will not review or update them. You will use any such third-party content at your own risk.

8. Liabilities

8.1. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AI SPORT SERVICES, AI SPORT MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON
BEHALF OF AI SPORT ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND AI SPORT EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE FOREGOING, AI SPORT DOES NOT REPRESENT OR WARRANT THAT THE SITE, AI SPORT SERVICES OR AI SPORT MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AI SPORT DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED OR RECORDED. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF AI SPORT SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT AI SPORT WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY AI SPORT AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORISATION BY AI SPORT; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY AI SPORT. THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.

8.2. Disclaimer of Damages and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AI SPORT, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF AI SPORT SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF AI SPORT SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF AI SPORT AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF AI SPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF AI SPORT’S GROSS NEGLIGENCE, FRAUD, WILFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF AI SPORT, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF AI SPORT AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF AI SPORT SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO AI SPORT UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

8.3. Indemnification

You agree to indemnify and hold harmless AI Sport Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, AI Sport Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of AI Sport Services. If you are obligated to indemnify AI Sport Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, AI Sport will have the right, in its sole discretion, to control any action or proceeding and to determine whether AI Sport wishes to settle, and if so, on what terms.

9. Copyrights, Trademarks and Patents

1. All AI Sport materials, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress and other rights therein, are owned or licensed by AI Sport and its third-party information providers (and are used by AI Sport under license).
2. All trademarks, service marks and logos appearing on AI Sport materials are the exclusive property of their respective owners.
3. All AI Sport graphics, logos, page headers and service names are trademarks, service marks or trade dress of AI Sport. AI Sport’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not AI Sport’s, in any manner that is likely to cause confusion among customers or investors. Nothing contained on AI Sport website should be construed as granting any license or right in or to any trademarks, service marks or trade dress of AI Sport.

10. Announcements

Please be aware that all official announcements, news and promotions will be listed on AI Sport website. USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. AI Sport WILL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER OF COMPENSATION SHOULD USERS INCUR PERSONAL LOSSES ARISING FROM IGNORANCE OR NEGLIGENCE OF THE ANNOUNCEMENTS.

11. Termination

The rights granted to you herein terminate immediately upon any violation by you of these Terms of Use. You agree that AI Sport shall have the right to immediately suspend your AI Sport Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the Digital Assets or funds in all such accounts, and suspend your access to AI Sport for any reason without notice or liability, including if AI Sport suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that AI Sport shall not be liable to you or any third-party for any permanent or temporary modification of your AI Sport Account, or suspension or termination of your access to all or any portion of AI Sport Services. AI Sport shall reserve the right to keep and use the transaction data or other information related to such AI Sport Accounts.

12. Your Personal Data

Please refer to the Privacy Policy of AI Sport with respect to AI Sport’s collection, use and disclosure of your personal data.

13. Use of cookies

AI Sport may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer, for the purposes of systems administration and statistical analysis. Cookies contain information that is transferred to your computer’s hard drive and help AI Sport to improve the website and to deliver a better and more personalised service to you, including by storing information about your preferences and to recognise you when you return to the website.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting, you may be unable to access certain parts of the AI Sport Services. Unless you have adjusted your browser setting so that it will refuse cookies, AI Sport’s system will issue cookies when you log on to the website.

14. Compliance with Local Laws

It is Users’ responsibility to abide by local laws in relation to the legal usage of AI Sport Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. ALL USERS OF AI SPORT SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT AI SPORT WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS. AI Sport maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, or terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.

15. Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the British Virgin Islands. The courts of the British Virgin Islands will have non-exclusive jurisdiction over any dispute arising from, or related to, the use of AI Sport Services and it is a condition of using AI Sport Services that you waive any objection to proceedings in such courts on the grounds of venue or that proceedings have been brought in an inconvenient forum, although AI Sport retains the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.

16. Independent Parties

AI Sport is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.

17. Entire Understanding

These Terms of Use contain the entire understanding between you and us with respect to the use of Al Sport Services and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement.

18. Interpretation and Revision

In case of any discrepancy between the English and other versions of these Terms, the English version shall prevail. AI Sport reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on AI Sport websites. You are responsible for regularly checking relevant pages on our websites or applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of AI Sport Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, AI Sport will not be responsible for any modification or termination of AI Sport Services by you or any third party, or suspension or termination of your access to AI Sport Services.

19. Force Majeure

AI Sport will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond AI Sport’s reasonable control.

20. Assignment

You may not assign or transfer any right to use AI Sport Services or any of your rights or obligations under these Terms without prior written consent from AI Sport, including any right or obligation related to the enforcement of laws or the change of control. AI Sport may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

21. Severability and Non-Waiver

If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.

The failure of one party to require the performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.

22. Contacting Us

For more information on AI Sport, you may refer to the company and license information found on AI Sport websites. If you have questions regarding these Terms, please feel free to contact us for clarification at support@aisport.com.