Terms of Use

Overview

This Digital Infrastructure Inc. Terms of Use document (“Terms” or “agreement”) (“DINC”, “we” and “us” refers to Digital Infrastructure Inc.) covers the platform, marketplace, website, and community forums (“Services”) (collectively “the Site”) we own and administer, at times in conjunction with others. Additionally, you can access DINC products and services through third-party web or mobile interfaces. These Terms apply to you (“You” or “you”) as a user of our Site including all the products, services, tools and information made available on the Site and access through third-parties you consent to integrate with or connect to our Site.

Please carefully read these Terms before using the Site. These Terms apply to any person or entity accessing the Site and by using the Site you agree to be bound by them. If you don’t want to be bound by these Terms, you should not access the Site. By using the Site in any capacity, you agree that you have read, understood and agree to be subject to these Terms.

Please carefully read and consider these Terms to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

You must be able to form a legally binding contract online either as an individual or on behalf of a legal entity. You represent that, if you are agreeing to these Terms on behalf of a legal entity, you have the legal authority to bind the company or other legal entity to these Terms and you are not indirectly or directly included on any sanctions list and at least 18 years old or the age of majority where you reside, whichever is older, can form a legally binding contract online, and have the full, right, power and authority to enter into and to comply with the obligations under these Terms.

You are advised to periodically review these Terms so you understand any changes to the Terms. DINC in its sole discretion, reserves the right to make changes to our Terms. Changes are binding on users of the Site and will take effect immediately upon posting. As a user, you agree to be bound by any changes, variations, or modifications to our Terms and your continued use of the Site shall constitute acceptance of any such changes, revisions, variations, or modifications. When we make changes, we will make the updated Terms available on the Service and update the “Last Updated” date at the beginning of the Terms accordingly. You accept such changes, by continuing to use the Site and by doing so, you agree we have provided you with sufficient notice of such change. Our Privacy Policy and Cookie Policy also apply to your access and use of the Site.

Site

As part of the Site, DINC provides access to an application (“Application” or “app”) that allows you to enroll your vehicle, connect your digital asset wallet or cloud vault, share data analytics and earn rewards. You acknowledge and agree that DINC has no control over any activities, transactions, the method of payment of any transactions, or any actual processing of payments of transactions through any third-party applications. Once you enroll, we alone will determine whether or not to approve your proposed account. For so long as you use the app, you agree to provide true, accurate, current, and complete information that can be accomplished by logging in and making relevant changes directly. You are responsible for complying with these Terms when you access this app, whether directly or through any account that you may set up through or on this Site. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of this app as well as paying related charges. You agree not to operate the Site while actively driving or when it is unsafe to access. You agree to choose a strong and secure password(s) and maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Application. Should you believe your password or security for this Application has been breached in any way, you must immediately notify us at [e-mail].

Access

Access to the Site is provided “as is” and “as available” basis only without any warranty of any kind. We do not guarantee or promise that the Site, or any content on it, will always be available, functional, error free or uninterrupted. From time to time, access may be interrupted, suspended or restricted, including because of a fault, error or unforeseen circumstances or because we are carrying out planned maintenance or changes.

We reserve the right to limit the availability of the Site to any person, geographic area or jurisdiction we so desire and/or to terminate your access to and use of the Site, at any time and in our sole discretion.

We may suspend or disable your access to the Site for any reason including you intentionally or inadvertently breaching these Terms. We may remove or amend the content of the Site at any time. However, some of the content may be out of date at any given time and we are under no obligation to update or revise it. We do not promise or guarantee that the Site, or any content on it, will be free from errors or omissions.

We will not be liable to you for any issue, loss or damage you may or have suffered as a result of the Site being unavailable at any time for any reason.

You will comply with all applicable domestic and international laws, statutes, ordinances, rules and regulations applicable to your use of the Site (“Applicable Laws”).

As a condition to accessing or using the Site, you:

• will only use the Services and the Site for lawful purposes and in adherence with these Terms;

• will ensure that all information that you provide on the Site is current, complete, and accurate;

• will maintain the security, privacy, and confidentiality of access to your personal information; and

As a condition to accessing or using the Site or the Services, you will not:

• Violate any Applicable Law, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing and sanctions laws and any relevant and applicable privacy, secrecy, and data protection laws, in each case as may be amended.

• Use the Site for any purpose that is directly or indirectly unlawful;

• Export, reexport, or transfer, directly or indirectly, any DINC technology in violation of applicable export laws or regulations;

• Infringe on or misappropriate any contract, intellectual property or other third-party right, or commit a tort while using the Site;

• Misrepresent, with omission or otherwise, the truthfulness, sourcing or reliability of any content on the Site;

• Use the Site in any manner that could interfere with, disrupt, negatively affect, redirect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden, or impair the functioning of the Site in any manner;

• Attempt to circumvent or disable any content filtering techniques or security measures that DINC employs on the Site, or attempt to access any service or area of the Site that you are not authorized to access;

• Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Site;

• Introduce or use any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Site;

• Post content or communications on the Site that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;

• To the extent applicable, post content on the Site containing unsolicited promotions, commercial messages or any chain messages or user content designed to deceive, induce or trick the user of the Site; or

• Encourage or induce any third party to engage in any of the activities prohibited under these Terms.

Third-Party Content

The Site may contain hyperlinks or references to third party websites or content. Any such hyperlinks or references are provided for your information and convenience only. We have no control over third-party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party’s website, products or services or opine on the accuracy or reliability of such information. Your use of a third-party site or application you consent to integrate with our Site may be governed by the terms and conditions of that third-party site.

Our Privacy Policy and Cookie Policy

Certain areas of our website may record and collect information about you. You can find more information about how we will process your personal information in our Privacy Policy. If you do not accept the terms of our Privacy Policy, including all DINC’s collection and sale of personal information, do not enroll in our DINC products or services offered through our Site. When you use the Site, we may also collect information about your computer and your interaction with the Site. See our Cookies Policy for more information.

Intellectual Property Rights

DINC is the owner of all intellectual property rights in the Site and the material published on them. To the extent practical, these works are protected by copyright laws and all such rights are reserved. www.DINC.dev is the uniform resource locator (‘URL’) of DINC. You will not make use of this URL (or any other URL owned by us) on another website or digital platform without our prior written consent. Any unauthorized use or reproduction may be prosecuted. You will retain ownership of all copyright in data you upload or submit by, through or to the Site. You grant us a worldwide, royalty-free, irrevocable license to use, copy, distribute or publish and send this data in any manner.

Forums and Feedback

Certain areas of this Site may be public-facing and allow you to interact with others (“Forums”). These Forums may permit you to submit feedback, information, data, text, software, messages, or other materials (each, a “Submission”). It is incredibly helpful and helps us to make better Services for all. If you choose to provide a Submission, either directly to us or via a Forum, you agree that we can use them without any restrictions or compensation to you.

Any information that you post in a Forum might be read, collected, and used by others who access it. To request removal of your information from a Forum, contact [e-mail]. In some cases, we may not be able to remove your information, in which case we will let you know that, and why.

You agree that you are solely responsible for all of your Submissions and that any such Submissions are considered both non-confidential and non-proprietary. If you use Forums, you also understand that anyone could see your Submissions. We do not endorse, nor are we required to pre-screen your Submissions (although we might), and, like elsewhere on the Internet, Submissions from other people could offend you. Further, we do not guarantee that you will be able to edit or delete any Submission you have submitted.

By submitting any Submission, you are promising us that you own all rights in your Submission, your Submission does not infringe on the rights of others, your Submission does not violate any laws or regulations, and your Submission is not in poor taste.

You grant to us an irrevocable royalty-free license to copy, modify, publish and display your Submission, and to make, use (and permit others to use) your Submission for any purpose (including, without limitation, to use your Submission in our Services).

We are not obligated to publish any information or content on our Forum and can remove information or content at our sole discretion, with or without notice.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF THE SITE INCLUDING THE SERVICES, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE INCLUDING THE SERVICES OR THE INFORMATION CONTAINED WITHIN IT.

WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS OR USE OF THE SITE INCLUDING THE SERVICES; (C) UNAUTHORIZED ACCESS OR USE OF ANY SECURE SERVER OR DATABASE IN OUR CONTROL, OR THE USE OF ANY INFORMATION OR DATA STORED THEREIN; (D) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO THE SITE; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE; OR (F) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, ANY CONTENT MADE AVAILABLE THROUGH THE SITE; (G) ANY ISSUES, LOSSES OR CLAIMS DIRECTLY OR INDIRECTLY RELATED TO ANY THIRD-PARTY APPLICATIONS YOU AGREE TO CONNECT OR INTEGRATE WITH THE SITE INCLUDING ANY INFORMATION OR ACCESS SHARED AS A RESULT OF SUCH CONNECTION OR INTEGRATION AND (H) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US IN EXCHANGE FOR ACCESS TO AND USE OF THE SITE, OR $100.00, WHICHEVER IS LESSER. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES.

Disclaimers

We do not guarantee that the Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and/or platform in order to access the Site. You should use and deploy your own virus protection and security software. We cannot promise that the use of the Site, or any content taken from the Site, will not infringe the rights of any third party.

The content and materials available on the Site are for informational purposes only and is not intended to address your particular requirements or needs. From time to time, reference may be made to data we have gathered. These references may be selective or, may be partial. As markets change continuously, previously published information and data may not be current and should not be relied upon.

DIGITAL INFRASTRUCTURE INC. IS NOT RESPONSIBLE FOR THE LOSS OF ASSETS OR FUNCTIONALITY AS A RESULT OF COMPROMISED BLOCKCHAIN WALLETS. USERS ARE RESPONSIBLE FOR SECURING THEIR OWN WALLETS AND HOLD DIGITAL INFRASTRUCTURE INC. HARMLESS FOR ACTIONS ARISING FROM THEIR SHARING OF PRIVATE KEYS OR WALLET SIGNATURES WITH THIRD PARTIES.

General

We may perform any of our obligations, and exercise any of the rights granted to us under these Terms, through an affiliated or unaffiliated third-party. We may assign any or all our rights and obligations under these Terms to any third-party.

If any clause or part of any clause of these Terms is found to be void, unenforceable or invalid, then it will be severed from these Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms.

No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these terms and conditions or otherwise. If any of the provisions in these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder shall continue in full force and effect.

All disclaimers, indemnities and exclusions in these Terms shall survive termination of the Terms and shall continue to apply during any suspension or any period during which the Site is not available for you to use for any reason whatsoever.

These Terms and the documents referred to in them set out the entire agreement between you and us with respect to your use of the Site, DINC and the services provided via the Site and supersede any and all prior or contemporaneous representations, communications or agreements (written or oral) made between you or us.

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be commenced in a federal court in Delaware or in state court in Kent County, and each party hereto irrevocably submits to the exclusive jurisdiction and venue of any such court in any such suit, action or proceeding. If any part of this Agreement is held to be invalid, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof.

With respect to all persons and entities, regardless of whether they have obtained or used the Site for personal, commercial or other purposes, all disputes, controversies or claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and DINC are each waiving the right to a trial by jury or to participate in a class action, collective action, or other representative proceeding of any kind.

The parties declare that they have required that these Terms and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afférents, soit pour le présent ou le futur, soient rédigés en langue anglaise seulement.

Force Majeure

There is a risk that transactions accessed through the Site may be affected by system failures resulting from adverse events, natural disasters and other emergencies, as well as unforeseen significant changes in the external environment. With regards to opportunity loss (e.g. loss of opportunity to place a payment instruction, resulting in loss of profits which could have been obtained) due to occurrences such as emergency situations and force majeure events, DINC is under no obligation to take any corrective action or measure.

Contact Us

Digital Infrastructure Inc.is a corporation organized and existing under the laws of the State of Delaware with a registered office at 8 The Green, Suite B Dover, Delaware 19901-3618. Please contact us if you have any questions about these Terms or other topics, by sending an email to [e-mail].