Terms of Use

YOUR PARTICIPATION IN FWX BETA IS ENTIRELY VOLUNTARY, BUT IF YOU ARE PARTICIPATING IN FWX BETA, YOU MUST STRICTLY ADHERE TO THE TERMS.

BY CLICKING “I AGREE”, PLEASE READ THESE FWX BETA TERMS OF USE (THESE “BETA TERMS”) CAREFULLY AS THEY GOVERN YOUR USE OF AND ACCESS TO THE FWX BETA AND THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE OR ACCESS THE SERVICES.

ARBITRATION NOTICE. It’s important to carefully review the arbitration clause in section 14. By using the FWX Beta and the services, you agree that disputes arising under these Beta Terms will be resolved by binding, individual arbitration. You and FWX consent to the arbitration process and waive the right to a trial by jury or to participate in any class action or representative proceeding. Additionally, you agree to relinquish your right to bring any claims or defend your rights under these Beta Terms. Your rights will be determined by a neutral arbitrator rather than a judge or jury.

These Beta Terms contain terms and conditions between you (also referred to as “User”) and Forward Enterprise Ltd. (“FWX” “we” “us”, and “our”). By using this website, platform, software, technologies, features, and other online products, and services provided or made available by FWX in connection with the FWX Beta (“FWX Beta”), you agree that you have read, understand and accept all of these Beta Terms and to our Privacy Notice and any policies published on this website which legally bound to you as a user of fwx.finance, a website-hosted user interface including, APIs and mobile applications (the “Interface”).

1. ELIGIBILITY

To participate the FWX Beta, you represent and warrant to FWX that:

• If you are an individual, you are at least 18 years old or of legal age of your country to form a binding contract under applicable laws; or
• If you are a corporation, legal entity or other organization, you have full power, authority and validly existing under the applicable laws of the jurisdiction to enter into these Beta Terms; and
• your access to the Interface and/or use of FWX Beta and Services will fully comply with all applicable laws and regulations; and
• you will not access or use FWX Beta and Services to conduct, promote, or otherwise facilitate any illegal activity or misconduct; and
• You understand that the use of the FWX Beta and the Services is entirely at your sole risk; and
• you are not a US person or Canadian, or currently or ordinarily located, situated, incorporated, organized or resident in the United States of America or Canada; and
• you are not a citizen, resident, or member of, or incorporated in Restricted Jurisdiction. “Restricted Jurisdiction” shall include Cuba, Iran, Syria, Democratic People’s Republic of Korea, Crimea and Sevastopol, Donetsk People’s Republic, Luhansk People’s Republic of Ukraine, Kherson Oblast and Zaporizhzhia Oblast, and any other countries or states that are subject to comprehensive trade sanctions or trade embargoes (including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government, the European Union or its Member States, or other applicable government authority); and
• you have not been included in Sanction Lists; and
• you do not and will not access or use the Services by using a Virtual Private Network (“VPN”), or any VPN alternatives or other similar tools or means.

2. SERVICES

2.1 Creating an Account

• Connecting a Wallet: In order to use certain features of the Services, you shall select a non-custodial digital wallet address (“Wallet”) and connect to the Interface. FWX reserves the right to:
  • (a)  provide, modify or terminate your use of the FWX Beta and the Services, or access to the Interface at any time, in our sole discretion; 
  • (b)  allow or suspend or disable some Users’ access to the Interface and/or any Services; and
  • (c)  restrict any Wallets from interacting with the FWX Beta for any reason, including to ensure compliance with applicable laws and regulations.

• Creating an Account: After connecting your Wallet, we may require you to create (“mint”) a FWX Membership (“FWXM”), which is an NFT on the AVAX blockchain linked with certain FWX artwork and any content associated with such FWXM, in order to create an account to participate user’s activities held by FWX. By minting FWXM or otherwise using the FWX Beta and Services, you agree to comply with any terms, including Section 4.
  You acknowledge that you are responsible for all gas fees associated with minting FWXMs.

2.2 User’s Wallet Security

By using a Wallet in connection with the FWX Beta and Services, you acknowledge that you are solely responsible for maintaining the security and confidentiality of your wallet address, seed phase, private key and password. Failure to do so may result in the loss of your Digital Assets associated with your Wallet. FWX does not have custody or control over the contents of your Wallet and has no ability to retrieve or transfer its contents. FWX is not and will not be responsible or liable for any claims, damages, losses or liabilities whatsoever resulting or arising directly or indirectly from your failure to comply with this Section 2.2.

YOU ACKNOWLEDGE THAT WE WILL NEVER REQUEST, STORE OR KEEP YOUR SEED PHASE AND PRIVATE KEY.

3. FWX’S INTELLECTUAL PROPERTY RIGHTS

4. OWNERSHIP; LICENSE; RESTRICTIONS

4.1 Ownership of FWXM

By minting a FWXM in accordance with Section 2, you acquire all right, title, and interest in and to the FWXM, including, the right to sell, transfer, assign, donate, or otherwise dispose of ownership of the FWXM, subject to the terms and conditions of these Beta Terms. You do not gain any right, title, or interest in or to any of the artwork, images, music, audiovisual works, or other content associated with, or represented by, the FWXM (collectively “Artwork”). Ownership of FWXM is governed entirely by the smart contract and the AVAX Blockchain. We will not seize, freeze, or otherwise modify the ownership of any FWXM. Your rights to use the Artwork are subject to the terms and conditions of these Beta Terms, including in Section 4.2.

4.2 License to Artwork

• Personal use: not for commercial use.
  Subject to your compliance with these Beta Terms, FWX grants you a worldwide, non-exclusive license to use, copy, and display the Artwork for such FWXM solely for your personal, and non-commercial use only. Unless otherwise specified by FWX in writing, your FWXM does not give you the right to publicly display, perform, distribute, sell or otherwise reproduce the FWXM or its related Artwork for any commercial purpose (“FWXM License”).

• Right to sell or transfer.
  If you sell or transfer the FWXM to another person, this FWXM License will transfer to such other owner or holder of the FWXM, and you will no longer have the rights or benefits of such FWXM License.

• Restrictions.
  You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without FWX’s prior written consent in each case: (i) modify the Artwork in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (ii) use the Artwork in any manner that depicts, constitutes, or encourages hate speech, intolerance, cruelty, violence, vulgarity (e.g., pornography), offensive behavior, political statements, or illegal, unlawful, defamatory, harassing, abusive, or fraudulent activities or language; (iii) attempt to or actually register or otherwise acquire any trademark, copyright, or other intellectual property or proprietary rights in or to the Artwork or any of FWX Marks; (iv) use the Artwork in any other forms of media, except that such use is expressly permitted in these Beta Terms; (v) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Artwork; or (vi) otherwise utilize the Artwork for your or any third party’s commercial benefit. The restrictions in this Section will survive the expiration or termination of these Beta Terms.

5. FEEDBACK

FWX welcomes feedback, comments, and suggestions for improvements to FWX Beta (“Feedback”). You agree that FWX may use and disclose Feedback in any manner and for any purpose. You hereby assign to FWX any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

6. DURATION OF FWX BETA

FWX Beta will commence on the date prescribed by FWX and continue until terminated by FWX in its sole discretion (“Beta Period”). FWX may change or discontinue any part or all of the FWX Beta, or change or remove functionality of any or all of the FWX Beta at any time. We will notify you of such discontinuation or material changes to the FWX Beta upon posting on the Interface, and/or our social media such as Twitter, Telegram, Discord in advance; however, no later than 15 (fifteen) days.

FWX Beta is designed to improve the operational experience, security, and design of the FWX platform mainnet and to expose potential issues and to improve participant experiences prior to the mainnet launch of the FWX platform.

7. PROHIBITED USE

Your permission to access to the Interface and to use FWX Beta and Services is conditioned upon the following use, posting and conduct restrictions: 

You agree that you will not under any circumstances:

• collect any personal data of any user of the Interface including via any third-party platforms without their consent;
• distribute any part or parts of the Interface or the Services without our written permission;
• use the Services for any unlawful purpose or for the promotion of illegal activities;
• use another user’s Wallet without their permission;
•  intentionally allow another user to access your Wallet; 
• provide false or inaccurate information when using the FWX Beta or Services;
• interfere or attempt to interfere with the proper functioning of the FWX Beta;
• make any automated use of the Interface, the FWX Beta or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• bypass any robot exclusion headers or attempt to introduce viruses or other malicious or harmful material to the FWX Beta, Interface or Services, or use any software, technology, or device to scrape, spider, or crawl the FWX Beta or harvest or manipulate data;
• circumvent, disable or otherwise interfere with any security-related features of the FWX Beta or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or 
• publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.

8. WARRANTIES AND REPRESENTATIONS OF USER

By accepting these Terms to access the Interface and/or use the FWX Beta, you represent and warrant to FWX that:

(i)   you meet all the eligibility requirements set out herein and have full power and capacity to accept these Terms and perform all your obligations under these Terms;

(ii)   you agree to comply with any provisions of these Terms and applicable laws regulations, rules, and policy requirements;

(iii)  you have read and understood the latest version of the White Paper including accepted the risk factors associated with the FWX Test which are subject to increased risk through your misuse of private key cryptography;

(iv)  you agree to secure your access to private key and/or seed phase of your Wallet. FWX has no responsibilities or obligations to recover of your loss;

(v)  you agree not to use the FWX Beta in any way that violates these Terms or for any illegal or unauthorized purposes, including, but not limited to, money laundering, financial terrorism, fraud, extortion, extortion, data breaches;

(vi)  you agree not to use the FWX Beta to conduct fraud and any other illegal transactions;

(vii) you agree and accept that FWX will not be liable for any reason, or for any fluctuation in the value of Digital Assets while being processed by us;

(viii)    you agree to undertake any and all liabilities for your own transaction and non-transaction activities as well as any and all profits and losses from the FWX Beta;

(ix)  you acknowledge and agree that the transaction details related to your use of the FWX Beta may be substantially delayed;

(x)  you have sufficient understanding of the operation, functionality, usage, storage, transmission mechanisms and other material characteristics of the FWX Beta, Services, staking, options, cryptographic tokens, Digital Assets and FWX Tokens including other related token storage mechanisms, token exchanges, blockchain technology, and smart contract technology, and impermanent loss;

(xi)  you acknowledge that the expected yield displayed on the Interface is the estimation of yield instead of the actual yield guaranteed or promised by FWX. The actual yield may vary from the expected yield.

(xii) all documents and information (including personal information) you have provided to us are true, accurate, complete and up-to-date in all respects, and may be relied upon by us in determining whether or not you are eligible to access the Interface or to use the FWX Beta.

9. PRIVACY NOTICE

FWX may collect, use, and disclose your personal information for the purposes as described in Privacy Notice published on the Interface.

10. THIRD-PARTY LINKS

The Interface, the FWX Beta and the Services may contain links to third-party websites which we do not own or control. We have no control over and assume no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites. We encourage you to carefully and thoroughly read the terms and conditions, privacy policies and other documents of any other websites that you visit.

11. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES

11.1Disclaimer of Warranties

The Interface, Services, FWX Beta, FWX Tokens, software and information are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, FWX makes no warranty of any kind. We expressly disclaim all warranties, whether express, implied or statutory, regarding the Interface and the Services, FWX Tokens, software including, but not limited to, any warranty of merchantability, fitness for a particular purpose, security, accuracy, freedom from computer viruses, and non-infringement.

We make no warranty that the Interface, FWX Beta and the Services will be uninterrupted, secure, reliable, completed or error-free; that any defects or errors will be accurately fixed; that the Services will be available and meet your requirements; or that the Interface, FWX Beta and Services is free from computer viruses or other harmful components; or that any content and Services will be secure or not otherwise lost or changed. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the use of the FWX Beta and the Services or access to the Interface.

11.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FWX OR ANY OF OUR AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR USE OF OUR BETA AND SERVICES; (II) ANY UNAUTHORIZED USE OF YOUR WALLET AND/OR PRIVATE KEY DUE TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR WALLET; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM FWX BETA AND SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, FLASH LOAN ATTACK THAT ARE FOUND IN THE INTERFACE OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE ORIGINAL SOURCE); (V) ANY UNPREDICTABLE EVENTS RESULTING IN SEVERE CONSEQUENCES, OR (B) ANY DIRECT DAMAGES IN THE AGGREGATE OF FEES PAID TO US FOR THE APPLICABLE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. INDEMNITY

You agree to release, indemnify and hold harmless FWX and its affiliates, directors, employees, agents and third-party service providers from and against any claims, demands, costs, expenses, losses, liabilities and damages (including attorneys’ fees) arising from:

(i)   your use of FWX Beta and Services, and access to the Interface, the use, receipt or holding of any Digital Assets including FWX Tokens;

(ii)   your violation of any provisions of these Beta Terms or Privacy Policy or any policies or agreements which are incorporated herein; and/or

(iii)  your violation of any third-party right, including any intellectual property right, privacy right;

(iv)  the unauthorized use of the FWX Beta by any other person using your user’s information;

(v)  a dispute between you and another user of the FWX Beta.

The indemnification obligations under this Section 12 shall survive these Beta Terms and your use of the FWX Beta.

13. FORCE MAJEURE

FWX shall not be held liable for any delays, failure in performance, or interruptions of the Interface and the Services which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to acts of God, act of government authorities, act of terrorism, civil disturbance, war, Black Swan Event, malicious damage, threat of terrorism, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions in these Terms.

14. DISPUTE RESOLUTION

14.1 Dispute Resolution Process

If you have a claim arising out of or relating to any of these Beta Terms or the FWX Beta and/or Services, you must contact us by submitting a claim in written notice to [email protected]. The notice must (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought, (3) provide your name, current address and email. We will endeavor to review the claim and respond within a reasonable time period not to exceed 30 days. If the claim is not resolved within such 30-day period, you and FWX agree to resolve the claim by binding arbitration pursuant to Arbitration Procedure.

14.2 Arbitration Procedure

Any controversy, dispute or claim between you and FWX arising out of or relating to these Beta Terms, the Interface, the use of the FWX Beta and the Services, shall be settled finally by arbitration according to the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) then in effect. The arbitration will be administered on a confidential basis by the Singapore International Arbitration Centre (“SIAC”). Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the SIAC Rules. Any arbitration will be conducted in the English language. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. In respect of any court proceedings in Singapore commenced under the International Arbitration Act 1994 in relation to the arbitration, the parties agree (a) to commence such proceedings before the Singapore International Commercial Court (“the SICC”); and (b) in any event, that such proceedings shall be heard and adjudicated by the SICC. Any award made by the arbitrator may be entered in any court of competent jurisdiction as necessary. This section shall survive termination of these Terms, the Interface, or any connection you may have to the information you obtained from the Interface.

14.8 No Class Actions

You and FWX agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

14.9 Waiver of Jury Trial

       You and FWX voluntarily and intentionally waive the right to a trial by jury in respect of any litigation based on these Beta terms or arising out of, under or in connection with these Beta Terms and the FWX Beta and/or the Services.

14.10 Applicable Law; Enforceability

This Section 14 is governed by the laws of Singapore. If the entirety of this Section 14 is found to be unenforceable, then the entirety of this Section 14 will be null and void.

15. GENERAL

15.1 Entire Agreement

These Terms (including any documents, policies incorporated by reference herein) sets forth the entire understanding between you and FWX with respect to the Services.

15.2 Governing law

The interpretation and enforcement of these Beta Terms, and any dispute related to these Beta Terms or the Interface are governed by and construed and enforced under the laws of the British Virgin Islands without regard to conflict of law principles.

15.3 Severability

If any terms of these Terms are deemed to be void, invalid, illegal or unenforceable by any applicable law. The limitation or elimination of the term will not affect any other valid terms.

15.4 No Assignment

You may not assign or otherwise transfer these Terms or your rights or obligations under these Terms (whether by operation of law or otherwise) without FWX’s prior written consent

15.5 No Waivers

No waiver of any part of these Terms by either you or FWX shall be deemed a waiver of any part of these Terms, and your or our failure to assert any rights or part of these Terms shall not be deemed or otherwise constitute a waiver of such right or part.

15.6 Changes to These Terms

FWX reserves the right to change these Terms at any time by posting the amended terms on the Interface, at our sole discretion. All amended terms shall automatically be effective when we post them on the Interface. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST DISCONTINUE ACCESSING TO AND/OR USING THE INTERFACE AND SERVICES. Your continued access and/or use of the Interface and Services shall constitute the acceptance of amended terms.

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DEFINITION

The following capitalized terms as used herein shall have the following meaning:

• “Digital Assets” mean any Cryptographic assets including coins and tokens such as Bitcoins, Ethereum and others that may be swap or traded via FWX Site;
• “Services” means any services and products provided by FWX, including but not limited to Digital Asset staking, yield farming, lending and borrowing pool, decentralized derivative exchange and any other services or products that we will release in the future.
• “Sanction Lists” means any sanctions designations listed on economic/trade embargo lists and/or specially designated persons/blocked persons lists published by the international organizations, as well as any state and governmental authorities of any jurisdiction, including, but not limited to the lists of United Nations, European Union and its Member States, United States and United Kingdom sanctions lists.
• “NFT” means a non-fungible token or similar digital item implemented on AVAX blockchain