USER TERMS AND CONDITIONS FOR AVAIL’S MAINNET
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING ANY NODE SOFTWARE OR OTHERWISE PARTICIPATING IN AVAIL’S MAINNET
BY CLICKING TO SIGNIFY ACCEPTANCE OR OTHERWISE DOWNLOADING, INSTALLING, RUNNING OR USING AVAIL’S MAINNET OR NODE SOFTWARE OR OTHERWISE PARTICIPATING IN AVAIL’S TESTNET PROGRAMME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT EFFECTIVE AS OF THE DATE THAT YOU TAKE THE EARLIEST OF ONE OF THE FOREGOING ACTIONS (“Effective Date”).
ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS CONTRACT, INCLUDING THE BREACH, TERMINATION OR VALIDITY THEREOF, SHALL BE FINALLY RESOLVED BY ARBITRATION. THE TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THE AGREEMENT TO ARBITRATE. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. [NOTWITHSTANDING THE TRIBUNAL’S POWER TO RULE ON ITS OWN JURISDICTION AND THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE, THE TRIBUNAL HAS NO POWER TO RULE ON THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS.]
[IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE ENTIRE AGREEMENT TO ARBITRATE WILL BE NULL AND VOID.]
About this Agreement. These User Terms and Conditions for Avail’s Mainnet (hereinafter “Agreement” as defined below) constitute a legally binding agreement between you (the “Eligible User”, “User” or “You” or derivatives thereof) and Avail Technologies Limited, incorporated under the Companies Law, DIFC Law No. 5 of 2018 with registered number 7545, and all of its Network Companies (as defined below) and governs your participation in Avail’s Mainnet. This Agreement supersedes and merges all prior oral and written agreements, discussions and understandings between you and the Company with respect to its subject matter, and neither of the parties will be bound by any conditions, inducements or representations other than as expressly provided for herein.
About Avail’s Mainnet. The “Mainnet” is designed to enable and offer Eligible Users access to the Avail Project (as defined below), designated and operated by the Company, including and on the basis of an intercompany agreement underlying the use of necessary IP rights owned within the Network Companies (as defined below), the opportunity to operate a set of light clients or (full) validator nodes in accordance with the Avail Consensus mechanism (as defined below) and/or the Service Terms (if any). The Project constitutes a nominated proof-of-stake blockchain, with such Eligible Users operating Validator Nodes being compensated with Avail Tokens (as defined below) for producing blocks and running the protocol.
About Avail’s Testnet Incentive Programme. The “General Terms and Conditions for Avail’s Testnet Incentive Programme” can be found at https://docs.availproject.org/clash-of-nodes/terms-and-conditions/.
Electronic Signature and Disclosure Consent Notice. You agree to the use of electronic documents and records in connection with participation in the Mainnet—including without limitation this electronic signature and disclosure notice—and that this use satisfies any requirement to provide you these documents and their content in writing. If You do not agree, do not accept this Agreement.
Changes to this Agreement. The Company reserves the right to change this Agreement from time to time in its sole discretion. If the Company makes material changes to this Agreement, it will provide notice of such changes, such as by posting the revised version of this Agreement. By continuing to access or use or otherwise participate in the Mainnet after the posted effective date of modifications to this Agreement, you agree to be bound by the revised version of the Agreement. If you do not agree to the modified Agreement, you must cease any form of your participation in the Mainnet and the Company reserves the right to terminate your participation.