Terms of Use
These Terms of Use govern your access to and use of our services, which include this website, the services we provide on our launchpad and staking platform with the domains gaib.ai, tgpu-ath1.gaib.cloud, relevant interfaces, subdomains, or any other websites, pages, features, mobile applications, application programming interface, or content that Good AI Pte. Ltd. and/or its affiliates (“GAIB” or “Group”) owns or operates by itself and/or with certain authorized partners and service providers (collectively, the “Platform”). By proceeding to use the Platform or services provided by the Group, you acknowledge and agree that you have read, understood, and agree to be bound by all of the provisions set out in these Terms (as amended, supplemented or modified from time to time) which will apply to the services which the Group may in its absolute discretion provide to you from time to time. You also agree that you have read, understood and accept the GAIB Disclaimers and Risk Disclosures, and the GAIB Privacy Policy, which form part of these Terms.
References in these Terms to "we", "our" or "us" are to a group entity within the Group depending on the services being discussed, and references to "you" or "your" are to the person with whom the Group enters into this Agreement.
NO ENTITY WITHIN THE GROUP IS A REGULATED ENTITY AND THE GROUP DOES NOT OPERATE ANY REGULATED ACTIVITY UNDER APPLICABLE JURISDICTIONS. IN COMPLIANCE WITH LAWS AND REGULATIONS, YOUR ACCESS TO OR USE OF OUR INTERFACES MAY BE LIMITED IN SELECT LOCATIONS OR TO CERTAIN USERS.
THESE TERMS DO NOT FULLY DISCLOSE THE RISKS OR MATERIAL ASPECTS OF USING THE GROUP’S SERVICES. THE USER SHOULD NOT CONSTRUE THESE TERMS OR ANY TERMS OF THE AGREEMENT AS LEGAL, TAX OR FINANCIAL ADVICE. GAIB IS NOT ACTING AS THE USER’S FINANCIAL ADVISOR AND THE USER MUST NOT REGARD GAIB AS ACTING IN THAT CAPACITY. THE USER SHOULD CONSULT HIS OWN INDEPENDENT PROFESSIONAL ADVISORS BEFORE ENTERING INTO ANY TRANSACTION AND ONLY USE THE SERVICES IF THE USER HAS FULLY UNDERSTOOD THE NATURE, THE CONTRACTUAL RELATIONSHIP INTO WHICH HE IS ENTERING, ALL RELEVANT TERMS AND CONDITIONS AND THE NATURE AND EXTENT OF THE USER’S EXPOSURE TO LOSS. THE USER HAS BEEN RECOMMENDED TO READ THESE TERMS CAREFULLY AND RETAIN THESE FOR THE USER’S RECORDS.
1. Acceptance of Terms.
By using the Platform, you agree to these terms, which form a legal agreement between you and GAIB. These terms, along with the GAIB Disclaimers and Risk Disclosures, GAIB Privacy Policy and any referenced documents (collectively, the “Terms”), outline the rules for accessing and utilizing the Platform, including all content, features, vaults, subpages, and services available through it.
Before using the Platform, please carefully review these Terms of Use. By using the Platform or clicking to accept the Terms when prompted, you agree to comply with and be bound by them. If you do not agree to these Terms of Use or any applicable documents, you must refrain from using the Platform. In case of any conflict between these Terms and other applicable terms, these Terms will take precedence unless explicitly stated otherwise.
2. Rights of Use
We hereby permit you to use the Platform for your personal non-commercial use only, provided that you comply with these Terms in connection with all such use. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Platform, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you, in each case for the sole purpose of enabling you to use the Platform as permitted by these Terms. Your access and use of the Platform may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Platform other actions that GAIB, in its sole discretion, may elect to take.
You may not do any of the following in connection with your use of the Platform, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:
(a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Platform, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms;
(b) duplicate, decompile, reverse engineer, disassemble or decode the Platform (including any underlying idea or algorithm), or attempt to do any of the same;
(c) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Platform;
(d) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Platform;
(e) exploit the Platform for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
(f) access or use the Platform in any manner that could disable, overburden, damage, disrupt or impair the Platform or interfere with any other party's access to or use of the Platform or use any device, software or routine that causes the same;
(g) attempt to gain unauthorized access to, interfere with, damage or disrupt the Platform or the computer systems, wallets, accounts, protocols or networks connected to the Platform;
(h) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Platform or the computer systems, wallets, accounts, protocols or networks connected to the Platform;
(i) use any robot, spider, crawler or other automatic device, process, software or query that intercepts, “mines,” scrapes, or otherwise accesses the Platform to monitor, extract, copy, or collect information or data from or through the Platform, or engage in any manual process to do the same;
(j) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
(k) submit, transmit, display, perform, post or store any content that is inaccurate, unlawful, defamatory, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable, use the Platform for illegal, harassing, bullying, unethical or disruptive purposes, or otherwise use the Platform in a manner that is obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, hateful, cruel or insensitive, deceptive, threatening, abusive, inflammatory, pornographic, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, defamatory, obscene or otherwise objectionable;
(l) violate any applicable law or regulation in connection with your access to or use of the Platform; or
(m) access or use the Platform in any way not expressly permitted by these Terms.
3. Electronic Communication.
By agreeing to these Terms of Use, the User consents to receive communications from GAIB electronically, including via social messaging, phone messaging, email or other electronic messaging systems. This consent applies to all agreements, disclosures, and other communications that would otherwise be required to be provided in writing. The User acknowledges that electronic communications fulfill any legal requirements for written communication and waives the right to request a non-electronic, original signature, unless prohibited by applicable law.
4. Accessing the Platform and User Security.
GAIB reserves the right to modify, pause, or withdraw the Platform or any of its services or materials at its discretion, without prior notice. GAIB shall not be held liable for any periods during which the Platform or parts of it are unavailable. Periodically, access to certain parts of the Platform, or the entire Platform, may be limited to specific users.
The User is responsible for:
Ensuring that necessary arrangements are in place for accessing the Platform.
Ensuring that any individuals using the Platform through the User’s internet connection are aware of and comply with these Terms of Use.
To use the Platform or access certain resources, the User may be required to utilize Web3 tools, such as MetaMask or other crypto wallets compatible with their web browser (“Web3 Utilities”). The User must ensure that these Web3 Utilities and their associated private key(s) are operated solely by the party who created the keys and only with their explicit permission. Additionally, all information provided while interacting with the Platform must comply with the policies referenced on the Platform, and the User consents to GAIB’s use of this information in accordance with those policies.
If a Web3 Utility requires the use of a username, password, private key, or other security credentials, the User agrees that the identity tied to the Web3 Utility is personal and confidential. The User must ensure the protection of this identity and prevent unauthorized access by locking the Web3 Utility after each session. Caution should be exercised when using the Platform on public or shared computers to prevent others from accessing the User’s sensitive information.
GAIB reserves the right to disable any Web3 Utility-linked identity (such as a public address) or block an IP address from accessing the Platform at its discretion, especially in cases where the User or identity is deemed to have violated any part of these Terms of Use.
5. Eligible Users
To be eligible to use GAIB’s products and/or services (including and not limited to the Platform), you must:
acknowledge and agree that the products and/or services may be provided by GAIB (with the intra-group support of entities within such group);
be a natural or legal person or other body corporate with full legal capacity and authority to enter into these Terms of Use;
in the case of an individual, be at least 18 years old or of legal age specified by applicable law in your jurisdiction of residence for a binding contract;
in the case of an authorized person entering into these Terms of Use on behalf of a body corporate, have all the necessary rights and authorities to bind such body corporate;
not reside in a country where the relevant products and/or services are inaccessible;
not be a citizen, resident, or organized in, the following jurisdictions: the United States, Mainland China, Hong Kong, Syria, Sudan, Myanmar, the Balkans, the Democratic Republic of the Congo, Libya, Somalia, Zimbabwe, Belarus, Canada, Cuba, North Korea, Iran, Russia, the United Kingdom, Venezuela, Yemen, and specific regions in Ukraine and Russia, including the Crimea region, Donetsk People’s Republic (DNR), Luhansk People’s Republic (LNR), Kherson, and Zaporizhia;
not be a party with which GAIB is prohibited to deal under applicable laws, and
not be a Proscribed Person.
“Proscribed Person” refers to a person who is, or appears to GAIB to: (a) be in breach of any AML/CFT Requirements of any jurisdiction; (b) appear in a list of persons with whom dealings are proscribed by the United Nations or another government agency or a regulatory authority under applicable laws; or act on behalf, or for the benefit of, any person described in (a) or (b).
You acknowledge and agree that you are solely responsible for complying with all applicable laws of the jurisdiction you are located or accessing the Platform from in connection with your use of the Group’s services. By using the Platform or the Group’s services, you represent and warrant that you meet these requirements and will not be using such services for any illegal activity or to engage in the prohibited activities in the section below.
6. Prohibited Uses.
The User may only access and use the Platform for lawful purposes and in compliance with these Terms of Use. The User agrees not to use the Platform for the following purposes:
In any manner that violates federal, state, local, or international laws or regulations, including those related to the export of data or software across borders.
To exploit, harm, or attempt to harm minors by exposing them to inappropriate content, soliciting personal information, or engaging in any other harmful behavior.
To transmit or facilitate the sending of any unsolicited advertising or promotional material, such as "junk mail," "spam," chain letters, or similar solicitations.
To impersonate or attempt to impersonate GAIB, its employees, other users, or any other individual or entity, including through deceptive email addresses, screen names, or blockchain identities.
To engage in conduct that disrupts or inhibits another's use or enjoyment of the Platform, or that could harm GAIB or other users, or expose them to liability.
If the User is from or accessing the Platform from a prohibited region or is subject to economic sanctions, or is listed as a Specially Designated National by the U.S. Office of Foreign Asset Control (OFAC).
If use violates any law or regulation in the User's jurisdiction.
Additionally, the User must not:
Attempt to deceive or defraud any person, or actually deceive or defraud by providing false, inaccurate, or misleading information to unlawfully obtain another's property.
Promote illegal activity or assist in any unlawful act.
Misrepresent the User's identity or affiliations, or impersonate others.
Engage in activities that violate laws related to trading markets, such as spoofing, pump-and-dump schemes, or wash trading.
Suggest that actions or communications emanate from or are endorsed by GAIB or any entity unless this is true.
Use the Platform for any securities-related transactions or transactions that require registration with regulatory bodies such as the SEC, FINRA, CFTC, SFC and MAS, among others.
Overburden, damage, or interfere with the Platform’s functionality or other users’ ability to engage in real-time activities on the platform.
Use automated means (e.g., robots, spiders) or manual processes to monitor or copy any material from the Platform without prior written consent.
Introduce harmful software such as viruses, malware, worms, Trojan horses, or other malicious technology.
Attempt unauthorized access to any part of the Platform, its server, blockchain, or any related systems or databases.
Violate others' legal rights (including privacy and publicity) or engage in actions that may lead to civil or criminal liability.
Launch denial-of-service or distributed denial-of-service attacks against the Platform.
Otherwise attempt to interfere with the proper functioning of the Platform.
The User must refrain from any actions that could compromise the security, functionality, or integrity of the Platform or any associated systems.
7. Instructions
The User acknowledges that he is entitled to provide instructions (through a Web3 Utility or otherwise) by providing notice through the Platform, including instructions to deposit, withdraw or cancel, provided that an instruction may not be complied with if not in compliance with the Terms of Use, or, if it has been executed by GAIB already and the transaction of such instruction has been published to the public blockchain. The User shall bear all risks, liabilities and losses as a result of a failed instruction or GAIB’s failure to execute the instruction.
8. Monitoring and Enforcement; Termination.
GAIB reserves the right to:
Take appropriate legal actions, including referring cases to law enforcement authorities, in response to any illegal or unauthorized use of the Platform.
Terminate or suspend a User’s access to part or all of the Platform at its discretion, including in cases of violation of these Terms of Use.
GAIB shall not be held liable for any harm, damage, or issues arising from interactions with the underlying blockchain supporting the Platform.
9. Changes to the Platform.
GAIB may periodically update the content, design, and features available through the Platform. However, the Platform may not always be fully up-to-date, and GAIB is under no obligation to ensure that any material is current. Information or functionalities on the Platform may become outdated, and GAIB is not required to update them.
10. No Professional Advice.
All content and information provided on the Platform is intended solely for informational purposes and should not be interpreted as professional advice, including but not limited to legal, tax, or financial advice. GAIB makes no warranties regarding the accuracy, completeness, or usefulness of the information provided. Users should not act or refrain from acting based on information provided on the Platform, including posts, articles, third-party links, social media communications, or tutorials.
Any reliance on such information is entirely at the User's own risk, and the User assumes the high degree of risk that comes with using blockchain technology. Users are strongly encouraged to seek independent, professional advice from licensed and qualified experts before making any financial, legal, or other decisions based on the Platform.
The User agrees and acknowledges that, to the fullest extent permissible by law, they have not relied on GAIB or any other participant for professional advice when interacting with the Platform.
11. No Fiduciary Duties.
The provision of the Platform and this Agreement does not create any fiduciary or professional duties between GAIB and the User or any third party. The User agrees, to the fullest extent permissible by law, that their use of the Platform does not impose any fiduciary obligations or liabilities on GAIB. The User further acknowledges and irrevocably waives any claims of fiduciary duties or liabilities against GAIB.
The User agrees that the only duties or obligations GAIB or any participant owes are those explicitly outlined in this Agreement, and that the User has no rights outside of those expressly granted in these Terms of Use related to the Platform or the Protocol.
12. Market Fluctuations and Extreme Market Events.
If GAIB acting reasonably determines that an extreme market event is occurring in relation to a service (including but not limited to a vault or strategy) offered through the Platform, the User agrees that GAIB may take such action as it considers necessary, and in accordance with applicable laws, to respond to this extreme market events, including but not limited to immediately suspending or terminating some of the products or services, immediately removing or a vault from the Platform, forcing redemptions or liquidations by a User and changing the allocation of a User.
13. Fees and Taxes.
The User will pay all applicable fees, costs, charges, expenses and commissions to GAIB as set out on the Platform (updated from time to time), including costs in connection with networks or blockchains underlying a vault and/or engagement of third party service providers, as well as applicable levies imposed by relevant government agencies.
The User acknowledges and agrees that GAIB may change the relevant applicable fee rate or introduce a new charge from time to time and with immediate effect. Should the User continue to use the Platform, the User shall be considered to have accepted and agreed to the changes.
14. Warranty Disclaimer.
The User acknowledges and agrees that their use of the Platform, its content, and any services provided through it is entirely at their own risk.
The Platform and any vaults on GAIB is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by applicable law, GAIB and its affiliates disclaim all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, non-infringement, and fitness for a particular purpose. Neither GAIB nor any associated person makes any warranties or representations regarding the completeness, security, reliability, quality, accuracy, or availability of the Platform.
GAIB and its affiliates make no representations or warranties that:
Access to the Platform will be uninterrupted, continuous, timely, secure, free from errors, or defects.
Information presented on the Platform is accurate, complete, reliable, current, or relevant.
The Platform will be free from viruses, malicious software, bugs, errors, or other harmful elements, or that such issues will be corrected.
The Platform will meet the User’s expectations.
Any communication or documentation from GAIB should be regarded as providing a warranty concerning the Platform or any related protocol.
GAIB does not endorse or take responsibility for any content, advertisements, offers, statements, or actions of third parties that may appear through the Platform.
The User is solely responsible for implementing sufficient security and backup procedures, including but not limited to:
Choosing and maintaining an appropriate Web3 Utility.
Protecting against viruses and ensuring the accuracy of data input and output.
Maintaining backup copies of any important data externally to prevent data loss.
To the fullest extent permitted by law, GAIB will not be liable for any damages or losses resulting from distributed denial-of-service attacks, viruses, or other harmful materials that may infect the User's devices, data, or proprietary information due to their use of the Platform, any services obtained through the Platform, or downloading content from the Platform or any linked website.
15. Limitation of Liability.
To the fullest extent permitted by law, GAIB, its affiliates, agents, licensors, service providers, employees, officers, or directors shall not be liable for any damages of any kind arising from or related to the User’s use or inability to use the Platform, the underlying protocol or blockchain, or any linked websites. This includes, but is not limited to, claims for direct, indirect, special, incidental, consequential, or punitive damages such as personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business, loss of anticipated savings, loss of use, loss of goodwill, or loss of data, whether such claims arise from tort (including negligence), breach of contract, or otherwise, even if foreseeable.
For the avoidance of doubt, GAIB and/or any of its affiliates will not be liable for any loss incurred or damage suffered arising from:
any use of the User’s Account by the User or by any third party (whether or not authorized by the User);
unauthorized, mistaken, or accidental transfer or exchange of the User's digital assets;
any malfunction, defect or error in any terminal used to process any instructions from the User;
any delay or inability on GAIB’s part to perform any of our obligations under these Terms because of any force majeure event;
any damage to or loss or inability to retrieve any data or information that may be related to GAIB's provision of Services;
fraud or forgery of any third parties;
any actual or potential losses that may result based on the decision to support a Fork, or the timing of implementation of support;
any downtime due to the inability to trade or otherwise transfer digital assets; or
any hold, or for the User's inability to withdraw digital assets or execute trades during the period of any such hold.
GAIB will not be liable for any loss that is caused by any malfunction of a third party application programming interface or other related interactions with any third party software.
This limitation of liability also applies to any damages caused by third parties or any failure of the protocol or underlying blockchains.
The foregoing limitation of liability does not apply to any liability that cannot be excluded or limited under applicable law.
16. Nature of Blockchain; Assumption of Risk; Waiver of Claims.
Blockchain technology and smart contracts are emerging and evolving, carrying both foreseeable and unforeseeable risks in areas such as security, financial stability, technical reliability, and regulatory compliance. The User acknowledges that participating in blockchain activities requires a high level of expertise and knowledge, as blockchain-related technologies are inherently volatile and complex. Factors contributing to this volatility may include adoption rates, speculative activity, security risks, manipulation, and evolving legal and regulatory frameworks. Additionally, blockchain transaction costs and speeds can fluctuate, and due to the public nature of many blockchains, the User’s activity may be visible to others.
By accessing and using the Platform, the User acknowledges and agrees to the following:
Understanding of Risks: The User is fully aware of the risks associated with blockchain technology and the Protocols underlying the Platform.
Sufficient Knowledge: The User has sufficient knowledge and understanding of blockchain technologies, crypto-assets, crypto mining, Web3 Utilities, and smart contracts to operate safely and efficiently. The User is aware of both the foreseeable risks and the possibility of unforeseen risks.
Volatility of Crypto-assets: The User understands that crypto-assets involved in the Platform may rapidly change in value or be lost entirely, which could result in significant harm or financial loss.
No Liability: GAIB does not own or control the underlying blockchain or Protocol, nor is it responsible for any risks related to their use. The User accepts that GAIB cannot be held liable for any damages, losses, or harm incurred during the use of the Platform or any related blockchain interactions.
Assumption of Risk: The User assumes full responsibility for all risks associated with accessing and using the Platform and interacting with any relevant Protocol, regardless of whether those risks are mentioned here or arise unexpectedly.
The User further waives and releases GAIB from any liability, claims, or damages arising from the User’s use of the Platform and interactions with any relevant blockchain or protocol.
17. Compliance.
The User acknowledges that the Platform may not be available or lawful in all jurisdictions. By accessing or using the Platform, the User takes full responsibility for ensuring compliance with the laws and regulations applicable in their jurisdiction. The User must not access or use the Platform if they are a citizen or resident of a jurisdiction subject to economic sanctions or where their use of the Platform would be illegal or violate any applicable laws.
The User is also solely responsible for any taxes, duties, or assessments imposed by any governmental authority in connection with their use of the Platform.
18. Links from the Platform.
The Platform may include links to third-party websites, protocols, or resources. These links are provided solely for the User's convenience and may include advertisements or sponsored content. GAIB has no control over these external resources and accepts no responsibility for the content, accuracy, or availability of such third-party sites, nor for any loss or damage resulting from the User's interaction with them. Accessing third-party websites or resources through links on the Platform is entirely at the User's own risk and subject to the terms and conditions of the respective websites.
19. Indemnification.
The User agrees to indemnify, defend, and hold harmless GAIB, its affiliates, licensors, agents, service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to:
Violation of Terms: The User’s breach of these Terms of Use.
Use of the Platform: The User's interaction with the Protocol or any reliance on the content, services, or products provided by the Platform.
Reliance on Information: Any reliance the User places on information obtained from the Platform.
Third-party Access: Any access or use of the Platform or Protocol by a third party with the User's assistance or via any device or account owned or controlled by the User.
20. Enquiries
Where any regulatory or government agency makes an enquiry which relates to any service or transaction carried out pursuant to this Terms of Use, the User agrees to co-operate with GAIB in the provision of such information, and that any information relevant to the enquiry may be passed to any of GAIB’s nominees or affiliates, custodian or infrastructure participant, network participant or government agency, as appropriate.
21. Termination
GAIB may terminate these Terms of Use and its provision of products or services to a User immediately upon the occurrence of any one or more of the following events:
the occurrence of any Events of Default;
where GAIB reasonably suspects that the User’s wallet or account is used for market misconduct or any illegal, fraudulent, or unauthorised purpose, including but not limited to money laundering, terrorist financing, fraud or any other crime, or perceives a heightened risk of legal or regulatory non-compliance associated with the User’s activity;
where GAIB is required to do so by applicable law, or any court or authority to which GAIB is subject in any jurisdiction;
the User’s use of the Platform is subject to any pending, ongoing or threatened litigation, investigation, or judicial, governmental or regulatory proceedings; or
there is any other valid reason which requires GAIB to do so, including but not limited to internal control or risk management.
“Events of Default” refers to where User is no longer eligible to use the Platform; or fails to duly and punctually observe or perform any of the undertakings, duties and obligations in these Terms of Use; or any dispute or proceedings against the User.
The User acknowledges and agrees that the events set out under this clause is a non-exhaustive list and GAIB’s decision to take certain actions, including but not limited to termination, suspension, freeze funds or restriction to access, transact, or use the Platform may be based on confidential reasons that are essential to GAIB's risk management, security or other compliance protocols.
22. Governing Law and Dispute Resolution.
All matters related to the Platform and these Terms of Use, including any disputes or claims arising from or in connection with them, are governed by the laws of Singapore.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
You and GAIB agree that in the event of any and all disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, "Disputes") arising from or related to the use of the Platform and these Terms, either party will first contact the other party and make a good faith sustained effort to resolve the Dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond. Both you and the GAIB agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against you, or GAIB, as applicable.
After the informal dispute resolution process, any remaining Dispute will be resolved by arbitration. You and GAIB agree that any Dispute shall be settled by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre, by three arbitrators, appointed in accordance with the Rules, which are deemed to be incorporated by reference into this clause. The language of arbitration will be English. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and GAIB are each waiving the right to trial by jury or to participate in a class action or class arbitration.
WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND GAIB EACH AGREE THAT ANY PROCEEDING TO RESOLVE ANY DISPUTE, CLAIM OR CONTROVERSY WILL BE BROUGHT AND CONDUCTED ONLY IN THE RESPECTIVE PARTY'S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). YOU AND GAIB AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. YOU AND GAIB EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. FURTHER, YOU AND GAIB AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON'S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. IF A COURT DECIDES THAT THE LIMITATIONS OF THIS PARAGRAPH ARE DEEMED INVALID OR UNENFORCEABLE, ANY PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL OR CONSOLIDATED OR REPRESENTATIVE ACTION MUST BE BROUGHT IN A COURT OF PROPER JURISDICTION AND NOT IN ARBITRATION.
23. Limitation on Time to File Claims.
Any cause of action or claim that the User may have related to these Terms of Use or the use of the Platform must be initiated within one (1) year from the date the cause of action arises. To the fullest extent permitted by applicable law, failure to file such a claim within this time period will result in the permanent barring of the claim.
24. Injunctive Relief Waiver.
To the fullest extent permitted by applicable law, the User agrees that they will not be entitled to seek any form of injunctive or equitable relief, including any court orders or injunctions, in connection with their use of the Platform. This means that the User waives the right to any court action intended to compel or prohibit any specific action by GAIB.
25. Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of our obligations under these Terms or in providing services to you, when and to the extent such failure or delay is caused by or results from any events beyond our ability to control, including acts of God; flood, fire, earthquake, epidemics, pandemics, tsunami, explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, government order, law, or action, embargoes or blockades, strikes, labor stoppages or slowdowns or other industrial disturbances, shortage of adequate or suitable internet or network connectivity, telecommunication breakdown or shortage of adequate power or electricity, and other similar events beyond our control.
26. Changes to Terms
GAIB reserves the right to modify and update these Terms of Use at its sole discretion. Any changes will take effect immediately upon being posted and will apply to all future access and use of the Platform.
By continuing to use the Platform after updated Terms of Use are posted, the User acknowledges and agrees to these changes. It is the User’s responsibility to review this page regularly to stay informed of any updates, as these modifications are binding. If the User disagrees with the revised Terms of Use, they must immediately stop using GAIB’s services.
27. Entire Agreement.
These Terms of Use, along with any documents expressly referenced or incorporated by reference, represent the entire agreement between the User and GAIB regarding the Platform. This agreement supersedes any and all prior or contemporaneous agreements, understandings, representations, and warranties, whether oral or written, related to the Platform.
28. Contact Us.
You may contact us regarding GAIB’s services or these Terms by e-mail at contact@gaib.ai.
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