Terms of Use

By downloading, accessing and/or using the Application and any of the Services, you must be and hereby affirm that you:

(a) are not prohibited or restricted from accessing the Application or using the Services available on the Application by any laws or regulations applicable to you;

(b) are an adult of the legal age of majority in your country or state of residence (whichever is higher). If you are under the legal age of majority, you may not use the Application; and

(c) are not:

• a citizen of, or located in or ordinarily resident in any of the Restricted Jurisdictions (defined below); or
• under the control or ownership of a person that is, subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the BVI government, the United Kingdom government, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority.

A. The Application utilizes various technologies (including without limitation, blockchain and decentralized technologies) to enable you or other users of the Application (each a "User") to perform the following activities through the Application:

• create, link, connect, access and/or utilise a self-custodial digital wallet (whether provided by the Company or by a third-party provider) to or with the Platform (a "Digital Wallet");
• store locally on your own Digital Wallet(s), tokens, cryptocurrencies and other crypto or blockchain-based digital assets (collectively, "Digital Assets");
• view and track aggregated information and data relating to Digital Assets;
• participate in the performance and fulfilment of various tasks, quests, challenges and other requests for the purposes of earning rewards;
• view information relating to your activity and transactions on the Application ("Progress Tracking");
• record, review, upload and transmit videos or images relating to the User (including without limitation, videos or images relating to the Users performing various actions); and
• such other features and functionalities that may be added to the Application from time to time.

B. To access and use the Application and some of the Services, you will be required to either (i) create an account and log in with your email address; or (ii) create an account with your social media profile (e.g. Google account or Apple ID) and log in with said account (each a "User Account").

i. When you register an account with your email address and/or social media profile, your use of your email address and/or your social media profile is at your own risk, and subject to the relevant email service's and/or social media platform's service provider's terms and conditions.

ii. The Company shall have the right to monitor and/or record your communications when you use the Application, and you acknowledge and agree that when you use the Application, you have no expectation that your communications will be private.

iii. You are solely responsible for all activities conducted through your User Account whether or not you authorize the activity.

iv. You are solely responsible for maintaining the confidentiality and security of your User Account and for restricting access to your User Account and/or devices.

v. The Company will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations, or for any reason whatsoever, except fraud on our part.

vi. The Company will not be liable for any loss or damage arising from your sharing or other loss of your private key or related information, or any other damage or loss arising from unauthorized access to your account.

C. Grant of License. If you accept and comply with these Terms, the Company will grant, and you will receive, a limited, revocable, non-sublicensable, and non-exclusive license to access and use the Application subject to the "Restrictions," set forth in Section 4 below.

D. Open Source Components. The Application may contain components that are subject to open-source licenses ("OSS Components"). Your access and use of these OSS Components shall be subject to the applicable open-source licenses that apply to and govern such OSS Components.

E. Acknowledgements and Disclaimers. You acknowledge and understand that:

i. Features and Services. The Company offers a number of Services which can be generally accessed through the Application. Some of the Services may require you to create and log in with an account and/or may require payment or a subscription to use.

ii. General Disclaimer. You acknowledge and agree that there are inherent risks in your use of the Application and the Services, including any software vulnerabilities or security breaches, any communication failures, disruptions, errors, distortions or delays, the risk of hardware, software and Internet connections failure or problems, or malicious software introduction, or the risk that third parties may obtain unauthorized access to your information or devices.

iii. No Reliance on Information. Any information provided or made available on our Application and/or Services shall not be considered or construed as financial advice, investment advice, tax advice, legal advice, or any other sort of advice.

iv. No Fiduciary Relationship. The Terms are not intended to, and do not, create or impose any fiduciary duties on us.

v. Security. You are solely responsible for properly configuring and using the Application and the Services and otherwise taking appropriate action to secure, protect, and backup your User Accounts and/or your User Content.

F. Changes. We may change, add to, modify, remove, suspend, or discontinue any aspect of the Application and/or Services at any time, and without prior notice or liability to you.

A. Tasks. Through the Application, various tasks, quests, challenges and other requests (each a "Task") may be made available to Users to participate in and fulfil. To participate in and fulfil such Task(s), Users shall follow the instructions provided in connection with the relevant Task(s), and this may involve the User having to record, upload and submit videos, photographs, sounds or other User Content to the Application (each a "Submission") for the purposes of completing and fulfilling the relevant Task.

i. To make a Submission, the User will be required to enable the Application to access and use the video-recording, microphone, camera and data storage functionalities of the User's applicable device.

ii. The Application and the Company shall evaluate each Submission to determine whether the Submission fulfils the requirements of the relevant Task. Such determination shall be at the sole discretion of the Company.

iii. You acknowledge and agree that such AI tools are an emerging technology, and that such AI tools may be unpredictable, unstable or subject to error or defects.

iv. Where a Submission is evaluated to have met and fulfilled the requirements of the relevant Task, the User may be provided with experience points, points, badges, or such other indications or mechanism of recording the achievement and completion of the Tasks (collectively "Points"). These Points will form part of the Application's Progress Tracking Feature, and may also be converted to other rewards including cryptocurrencies. Points have no monetary or cash value and do not represent any ownership, equity, or right to receive payment from the Company.

B. User Created or Uploaded Content. The Application enables Users to upload and display content (including without limitation, Submissions, images, text, messages, data, information, videos, voice and sound recordings) on the Application (collectively, the "User Content").

i. All User Content shall be owned by the Company, and you hereby assign all rights, title and interests in such User Content to the Company immediately upon creation.

ii. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, containing adult content, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate.

iii. The Company does not guarantee that it will retain or store any User Content.

iv. Your User Content (including without limitation, your Submissions) is not confidential, and you authorise us to access and view your User Content in accordance with these Terms.

v. When you upload and submit your Submissions via the Application, you hereby consent to the Company and the Third Party Providers collecting, using, disclosing and processing any of your personal data that is visible or captured in the Submissions in accordance with these Terms and the Privacy Policy.

vi. You are legally responsible for all User Content you upload to the Application.

vii. You warrant that each item of User Content you upload and submit to the Application complies with the Terms of Use.

viii. You are liable to and will indemnify us if any warranty in this section of these Terms of Use is untrue.

ix. We are not responsible for, do not control, and do not endorse any User Content on the Application.

C. Conduct. You shall ensure that your actions, conduct and behaviour in your use of the Application comply with and abide by all the rules and guidelines imposed by the Company and/or its Third Party Providers.

D. Identity Disclosure. The access and use of the Application may contain details of your real and actual identity. You are solely responsible for the protection of your real and actual identity within the Application.

E. Service Availability. The Services are provided on an "as-is" and "as-available" basis without warranties of any kind, whether express or implied.

A. Restrictions. The Company may suspend or revoke your license to use the Application or any Services or Content made available thereon if you violate, or assist others in violating, the restrictions and limitations set forth below. You agree that you will not:

• Unauthorized Derivative Works: Copy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Application or the Services.
• Prohibited Commercial Uses: Exploit or use in a manner for commercial purposes the Application for any purpose not expressly authorized by the Company.
• Cheating: Create, use, offer, promote, advertise, make available and/or distribute exploits, bots, hacks, or any unauthorized code or software.
• Data Mining: Use any unauthorized process or software that intercepts, collects, reads, or "mines" information generated or stored by the Application.
• Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Application.
• Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Application or component thereof.
• Disruption / Harassment: Engage in any conduct intended to disrupt or diminish the social experience for other Users.
• Violation of Laws: Access or Use the Application to violate or attempt to violate any applicable law or regulation.
• Violation of Proprietary Rights: Use the Application or Services in any manner that violates, misappropriates, or infringes the rights of the Company, our licensors, our Users, or others.
• Impersonation: Use the Application, Services or any content that involves falsehoods, misrepresentations, or misleading statements.
• Circumvention of Security: Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us.
• VPN: Disguise your location through IP proxying, VPN or other methods.

B. You agree to comply with all applicable U.S. and non-U.S. export control and trade sanctions laws ("Export Laws").

C. Without limiting the foregoing, you may not use the Application or any Service or any Content if you are a citizen of, or located in or ordinarily resident in any of the Prohibited Jurisdictions.

D. A "Prohibited Jurisdiction" refers to any of the following: Iran, North Korea, Russia, certain regions of Ukraine, Cuba, Yemen, Sudan, South Sudan, Libya, Lebanon, and Syria.

E. In addition to the geographical restrictions above, we reserve the right to refuse customers from any other country (collectively, "Restricted Jurisdictions").

F. Particular Services and Content may also not be available in certain countries due to regulatory, licensing and local restrictions.

G. We may deploy technological solutions (such as geo-blocking) to prevent persons located in Restricted Jurisdictions from registering an account and/or otherwise being able to access, or to use, the Application or Services.

H. By accessing the Application, you confirm that you are not located in a Restricted Jurisdiction or a jurisdiction in which it is illegal to use the Application.

I. We reserve the right to terminate or limit any person's User status or access to or use of the Application at any time, with or without notice, as determined in our sole and absolute discretion.

A. You may be charged fees or charges to access or use some of the Services on the Application, including Application Fees on all transactions made on or via the Application.

B. By using the Services, you agree to pay any such fees or charges imposed for the use of such Services.

C. Although the Company endeavours to provide an accurate estimate of the final quote, any such information only represents an estimation of the applicable fees or charges.

D. Any transactions or payments made through any Service via the Application will be processed through the blockchain or such other payment gateway or process as may be determined by us.

E. All amounts payable by you under these Terms will be paid to us without set-off or counterclaim, and without any deduction or withholding.

F. You are solely responsible for determining and paying any and all sales, use, value-added and other taxes, duties, and assessments associated with your use of the Application.

A. The Application and the Services and Content contained therein, including any Maximus Trademarks (defined below), media, web applications, mobile applications, software, computer code, metadata, materials, design, text, images, photographs, illustrations, animation, content, text, media files, artwork, graphic material, databases, proprietary information, graphics and visual effects, as well as any accompanying documentation or other written materials, tangible or intangible, and all legally protectable elements of the foregoing (the "Application Assets"), are our property and/or where applicable, the property of our licensors or suppliers.

B. Under these Terms, "Intellectual Property Rights" refer to patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights. "Maximus Trademarks" means any and all logos, trademarks, service marks, and trade dress associated with the Application, including the "Maximus" names or products or service developed by us.

C. The animations, page headers, custom graphics, button icons, style sheets and scripts that contribute to the "look and feel" of the Application are service marks, trademarks and/or trade dress that belong to us.

D. You may choose to submit comments, bug reports, ideas or other feedback about the Application (collectively, "Feedback"). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you.

A. The Application and any Services made available thereon may contain software or services provided by or links to third-party services ("Third-Party Content"). We make no warranties or representations, express or implied, in respect of the availability, functionality or content of such Third-Party Content.

B. When you use the Application and any Service and any Content made available thereon, you may also be using the functionality, application, software or service of one or more Third Party Providers.

C. The Application and any Service and any Content made available thereon may contain links to Third-Party Services, and may leverage or plug into such Third-Party Services to enable certain features.

D. We may provide experiences on social media platforms that enable online sharing and collaboration among users who have registered to use them.

A. In the course of your access and/or use of the Application or any Service, we may be required to collect, use, disclose and/or process certain data (including personal data) belonging to you. In this regard, we will collect, use, disclose and/or process your personal data in accordance with applicable data protection and privacy laws, and as set out in our Privacy Policy.

A. GENERAL:

i. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON ARE PROVIDED ON AN "AS IS", "UNDER DEVELOPMENT", "WITH ALL FAULTS" AND "AS AVAILABLE," BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED OR ERROR-FREE USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

ii. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE APPLICATION AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON.

iii. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR ACCESS TO OR USE OF THE APPLICATION WILL MEET YOUR REQUIREMENTS, (B) YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) USAGE DATA PROVIDED THROUGH THE APPLICATION WILL BE ACCURATE, (D) THE APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (E) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE APPLICATION WILL BE SECURE.

iv. THE COMPANY, ITS DIRECTORS, OFFICERS AND EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE APPLICATION AND THE SERVICES.

v. You acknowledge and agree that the Application, and the Services and Contents made available thereon (including any artificial intelligence technologies) are software code and are subject to flaws.

vi. Any and all information provided in connection with your access and use of the Application should not and may not be construed as legal, tax, investment, financial, professional or other advice.

To the fullest extent allowed by applicable law, the Company, its parent, subsidiaries, Third Party Providers and affiliates shall not be liable for any loss or damage arising out of your use of, or inability to access or use, the Application or Services. The Company's liability shall never exceed the total Application Fees paid by you to the Company during the six (6) months prior to your making a claim against the Company, or USD$100, whichever is lower.

You hereby agree to defend and indemnify the Company, its parent, subsidiaries, licensors and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by the Company arising out of or from any violation by you of these Terms or your misuse of the Application or Services.

You agree that the Company would be irreparably damaged if the sections of these Terms were not specifically followed and enforced. In such an event, you agree that the Company shall be entitled, without bond or other security, or proof of damages, to appropriate equitable relief in the event you breach these Terms.

A. Alterations to the Terms. The Company may create updated versions of these Terms (each a "New Terms") as its business and the law evolves. These Terms will terminate immediately upon the introduction of a New Terms. If you do not wish to be bound by a New Terms, you must immediately cease using the Application or Services. Your continued use of the Application or the Services after the Company has published any New Terms constitutes acceptance by you of the New Terms.

A. Term. These Terms are effective upon your first installation, access and use of the Application, and shall remain in effect until it is terminated or superseded by a New Terms, or, if neither of the foregoing events occur, as long as you continue using the Application.

B. Termination. The Company reserves the right to terminate these Terms at any time for any reason, or for no reason, with or without notice to you. In the event of a termination of these Terms, you will continue to be able to access and use your Digital Wallet, but you may need to do so through means outside of the Application. The Dispute Resolution provisions of these Terms will survive termination.

A. APPLICABILITY OF THIS DISPUTE RESOLUTION POLICY. This binding individual arbitration section will not apply to the extent prohibited by the laws of your country of residence. To the fullest extent allowed by applicable law, you and the Company agree to submit all Disputes between us to individual, binding arbitration.

B. INFORMAL NEGOTIATION PERIOD. In an effort to accelerate resolution and reduce the cost of any Dispute, you and the Company agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before either party initiates any arbitration or court proceeding. You will send your notice to the Company at hello@maximus.ai.

C. BINDING ARBITRATION. If a Dispute cannot be resolved through negotiations, either you or the Company may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any dispute shall be referred to and finally and exclusively determined by arbitration in Singapore at the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the SIAC.

D. CLASS AND COLLECTIVE ACTION WAIVER. To the fullest extent allowed by applicable law, you and the Company agree that neither you nor the Company may participate as a class representative, private attorney general, or as a member of any class of claimants for any Dispute subject to arbitration.

E. GOVERNING LAW. Unless these Terms include express language to the contrary, all Disputes shall be governed by and construed under the laws of British Virgin Islands without regard to choice of law principles.

F. EXCEPTIONS TO NEGOTIATIONS AND ARBITRATION. The following Disputes are not subject to the above provisions: (i) any Dispute seeking to enforce or protect intellectual property rights; (ii) any Dispute related to claims of piracy; (iii) individual actions in small-claims court; (iv) enforcement actions pursued through a governmental agency; (v) the Company's right to seek injunctive relief.

We may collect information from our users through the Application in order to better understand their needs and usage patterns. Information being collected may include, without limitation:

• Users, pageviews, sessions
• Source (e.g. Google, social, direct)
• Time spent on site
• Users info (country, browser language)

A. You understand and agree that the Application may not be used, accessed, downloaded, or otherwise exported, reexported, or transferred in contravention of applicable export control, economic sanctions, and import laws and regulations.

B. The Company may assign these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms without the Company's prior written consent.

C. The Company's failure to enforce a provision of these Terms shall not be construed as a waiver of such provision, or diminishment of any right to enforce such provisions.

D. Notices. If to the Company: hello@maximus.ai. If to You: All notices given by the Company under these Terms shall be given to you either through written notice, email, or website blog post.

E. The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, acts of God, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

F. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms shall be given full force and effect.

G. These Terms constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.

H. Any provisions of these Terms that by its construction are intended to survive the termination of such Terms shall survive. This includes, without limitations, Sections 2D, 2E, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14B, 15 and 17.