Last revised on 16th April 2024

SUPPLEMENTAL AIRDROP TERMS OF SERVICE

PLEASE READ THE FOLLOWING SUPPLEMENTAL TOKEN AIRDROP TERMS OF SERVICE (THESE “AIRDROP TERMS”) FOR THE AVAIL TOKEN AIRDROP (THE “AIRDROP”) CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING ANY NODE SOFTWARE OR OTHERWISE PARTICIPATING IN AVAIL’S MAINNET. THESE AIRDROP TERMS ARE SUPPLEMENTAL TO, AND INCORPORATE BY REFERENCE, AVAIL’s MAINNET TERMS AND CONDITIONS (THE “GENERAL TERMS”) AVAILABLE AT Avail Mainnet T&Cs. DEFINED TERMS USED BUT NOT OTHERWISE DEFINED IN THESE AIRDROP TERMS HAVE THE MEANING SET FORTH IN THE GENERAL TERMS.

BY CLICKING TO SIGNIFY ACCEPTANCE OR OTHERWISE DOWNLOADING, INSTALLING, RUNNING OR USING AVAIL’S MAINNET OR NODE SOFTWARE, 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.

1. About these Airdrop Terms. These Airdrop Terms govern your ability to use Avail’s services to participate in the Airdrop for the Avail Token. Please read these Airdrop Terms carefully, including together with the General Terms as they include important information for you and your legal rights. By participating in the Airdrop or claiming Avail Tokens allocated as part of the Airdrop, you represent that you are an Eligible User and you agree to these Airdrop Terms. If you are not an Eligible User and/or you do not understand or agree to these Airdrop Terms you must not participate in the Airdrop.
2. Agreements acknowledgements of Eligible Users. By participating in the Airdrop, you irrevocably represent for the benefit of Avail, that you:
   1. Are an Eligible User and acting individually and not in concert with or for any other person, including any other Eligible User;
   2. Have read and understood the Avail Network Airdrop Announcement posted here and agree to provide any additional steps as set out therein, including to validate status as an Eligible User (including, where relevant, eligibility pursuant to the Ambassador Programme or successful participation in and rewards for the Bug Bounty and/or Developer Grants and/or Node Operator Grants), including updating KYC/AML reviews and/or wallet address validation;
   3. Agree and acknowledge that you have the sole responsibility and liability for all taxes in connection with your participation in the Airdrop and that you have the sole responsibility to consult your tax and/or other professional advisors;
   4. You agree and acknowledge that you (i) may receive Avail Tokens for free via the Airdrop (other than applicable taxes (if any), (ii) were not previously promised Avail Tokens, and (iii) took no action in anticipation of or in reliance on receiving any Avail Tokens or an Airdrop;
   5. Your eligibility to receive Avail Tokens or participate in the Airdrop is subject to Avail’s sole discretion. To the extent you believe you should have received any Avail Tokens based on any other offer or on any documentation released by Avail from time to time, such documentation does not entitle you to any Avail Tokens or to participate in the Airdrop and therefore you have no claim for any such Avail Tokens. You agree not to engage in any activities that that are designed to obtain more Avail Tokens via Airdrop than you are entitled to. You agree that you are the legal owner of the blockchain address that you use to access or participate in the Airdrop.
   6. You agree and acknowledge that you will not use a VPN or other tool to circumvent any geoblock or other restrictions that we may have implemented for Airdrop recipients. Any such circumvention, or attempted circumvention, may permanently disqualify you from participation in the Airdrop in our discretion.
   7. You agree and acknowledge that if you are unable to claim an Airdrop due to technical bugs, smart contract issue, gas fees, wallet incompatibility, loss of access to a wallet or the keys thereto, or for any other reason, you will have no recourse or claim against us or our affiliates and that we and our affiliates will not bear any liability.
   8. You agree and acknowledge that claiming an Airdrop may require reliance on or an integration with third party products (e.g., a wallet or an unaffiliated network or blockchain) that we do not control. In the event that you are unable to access such products or integrations, or if they fail for any reason, and you are unable to participate in an Airdrop or claim Avail Tokens via Airdrop, you will have no recourse or claim against us or our affiliates and we and our affiliates will not bear any liability.
3. Entire agreement. These Airdrop Terms and the General Terms contain the entire agreement between you and Avail regarding the Airdrop, and supersede all prior and contemporaneous understandings between the parties regarding the Airdrop. We may modify these Airdrop Terms from time to time in which case we will update the “Last Revised” date at the top of these Airdrop Terms. The updated Airdrop Terms will be effective as of the time of posting, or such later date as may be specified in the updated Airdrop Terms. Your continued access or participation in the Airdrop after the modifications have become effective will be deemed your acceptance of the modified Airdrop Terms.

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