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RISK DISCLOSURE POLICY

RISK DISCLOSURE POLICY FOR THE INDIGG PLATFORM

  1. PRELIMINARY

    1. This risk disclosure policy (“Risk Disclosure Policy”) is issued by Kratos Studios Ltd. (“IndiGG” or “Us” or “We” or “Our”) and forms a legally binding agreement between you (“User” or “You” or “Your”) and IndiGG. It applies to Your use of the Platform and Our Services.
    2. THIS RISK DISCLOSURE POLICY IS AN IMPORTANT PART OF OUR TERMS OF USE AND SHALL BE SUBJECT TO AND READ ALONG WITH OUR TERMS OF USE, AVAILABLE AT IndiGG . ALL CAPITALIZED TERMS USED AND NOT DEFINED HEREIN SHALL HAVE THE MEANING ASCRIBED TO THEM UNDER THE TERMS OF USE.
    3. This Risk Disclosure Policy does not govern Your use of third-party Internet sites, including but not limited to the services of the Service Providers and Game Partners, that the User may access through the Platform. We recommend that when You enter such third party website or otherwise access their services, You review their risk disclosures as it relates to Your activities on such third party websites or services. You agree and acknowledge that We are not liable in any manner whatsoever for your use/access of any third party websites or the risk you expose yourself to by such use.
    4. This Risk Disclosure Policy is meant to provide You with the necessary information about certain risks associated with the use of Our Platform and Our Services. Please read this Risk Disclosure Policy carefully before using the Platform or availing Our Services. By visiting the Platform or setting up an User Account with Us, You accept and agree to be bound by this Risk Disclosure Policy. The information presented in the form of this Risk Disclosure Policy is neither comprehensive nor exhaustive and You are advised to consider all supplementary, associated, and other ancillary risks before accessing the Platform and the Services.
    5. IF YOU DO NOT UNDERSTAND THIS RISK DISCLOSURE POLICY AND/OR DO NOT APPRECIATE AND ACCEPT THE RISKS AS DESCRIBED HEREIN, PLEASE DO NOT USE OUR SERVICES OR ACCESS OUR PLATFORM.
    6. We retain an unconditional right to modify or amend this Risk Disclosure Policy without any obligation to notify You of the same. You can determine when this Risk Disclosure Policy were last modified by referring to the “Last Updated” legend above. It shall be Your responsibility to check this Risk Disclosure Policy periodically for changes. Your use of the Platform after such change(s) signifies Your acceptance of the amended Risk Disclosure Policy and shall also signify Your consent to such change(s) and agreement to be legally bound by the same.

  2. GENERAL

    1. Our Platform and Services are provided on an “as is” and “as available” basis without any warranty to You, including but not limited to merchantability, fitness for a particular purpose. We do not warrant that the Services will be error-free or risk-free and We do not assume responsibility for the accuracy of any information available on the Platform.
    2. Your compliance with laws: You will be responsible for Your access to the Platform and agree to only avail our Services if the use of Our Platform is permitted under your jurisdiction in accordance with Applicable Laws, including but not limited to laws in relation to gaming, gambling, payment, digital assets, cryptocurrency, NFTs, consumer protection, information technology, and other KYC/AML requirements. We may implement controls to restrict Your access to the Platform from Restricted Territories. You will comply with such restrictions, and will not attempt to bypass or circumvent them by any means.

  3. REGULATORY UNCERTAINTY

    1. You agree and acknowledge that there may be changes in Applicable Laws that may affect Our ability to provide Services to You and may prohibit or restrict You to access the Platform. New regulations, policies, or enforcement actions may adversely affect the Platform and consequently Your ability to use Your Third-Party Wallet. You agree that You will not hold Us accountable or issue proceedings against Us of any kind in the event any change in Applicable Law or policies impacts Your use of Our Platform or restricts or impairs Your ability to use/withdraw/spend/transfer any of Your Earnings.
    2. You understand, agree and acknowledge that You are solely responsible for determining the nature, suitability, and appropriateness of using Our Platform and Our Services. You also agree and acknowledge that We bear no responsibility or liability to You or any other person whatsoever for any losses or gains incurred in connection with Your use of the Platform or the Services.
    3. You hereby acknowledge and agree that We are not a financial institution, bank, issuer of e-wallets, credit union, trust, hedge fund, broker or investment or financial advisor, and are not subject to the same laws, regulations, directives or requirements applicable to such persons/entities under Applicable Laws.
    4. You understand, agree and acknowledge that Web3 gaming transactions and cryptocurrencies may be unregulated in certain jurisdictions and can be highly risky. You assume full responsibility to independently remain informed about possible risks, and to engage in such transactions at your own interests and risks. There may be no regulatory recourse available from any loss that You may incur from these transaction(s).

  4. INHERENT RISKS

    1. Volatility of Web3 digital assets: The prices and liquidity of blockchain assets are extremely volatile and subjective. They have no inherent or intrinsic value, and fluctuations in the price of other digital assets could materially and adversely affect the value of such digital assets. The value of Web3 digital assets that you may receive through Your use of the Platform is inherently subjective and factors occurring outside Our control may materially impact their value.
    2. Frauds and cyber-attacks: While We try Our best to deploy industry standard cybersecurity practices in securing Our Platform and Your User Account, instances of fraud, cyberattacks, and counterfeiting are common practice in the digital world. Any such frauds or cyberattacks may result in total loss of Your User Account and We shall not be liable for the same. We shall not be liable for User losses on account of any of the foregoing circumstances or compromised User Account credentials.
    3. Interference and interception: Internet-based communications are susceptible to interference or interception by third parties. Such interference or interception may include hacking, distributed denials of service or errors, malicious exploitation of defects or vulnerabilities associated with the source codes associated with the Platform. We shall not be liable for User losses on account of any of the foregoing circumstances or compromised User Account credentials.
    4. Failure or disruption risks: You understand and agree that Your access and use of the Platform is subject to certain technological risks, too. We state that the policies, standards, systems, and procedures on the Platform comply with the Applicable Law and standard industry practices. The security policies, standards, systems, and procedures are regularly reviewed and updated. Our Services rely on the availability of internet and continual operation of Our servers, which include third-party hardware and software, all of which may suffer communication failures, disruptions, errors, distortions, or delays that might affect your ability to access and use the Services.
    5. Maintenance activities: our access to and/or use of the Platform may be interrupted, suspended or restricted (i) where We provide maintenance, support, update or other services in relation to the Platform; or (ii) by no fault of Ours, due to reasons attributable to third parties. We will endeavour to notify You with reasonable notice prior to performing any scheduled maintenance, support, updates, repairs, or other services in relation to the Platform or Services, if We expect that the intended activities will materially disrupt the availability of the Platform or any of the Services. We are not liable in the event You suffer any loss or damage by Your inability to access the Platform on account of any of the foregoing circumstances.
    6. Certain risks of blockchain technology: Your use of Your Third-Party Wallet on the Platform is not under Our control or influence and is subject to inherent risks and uncertainties. Users are solely responsible for the safekeeping of the private key associated with their Third-Party Wallets. We will not be able to restore or issue any refund in respect of property lost or frozen due to loss of private keys or otherwise. If a User is not able to spend/use/withdraw their Earnings due to loss or theft of the corresponding private key or otherwise, a User will be unable to enjoy the benefits of such digital assets and We will not be liable for the same in any manner whatsoever.
    7. Since the Platform does not provide the underlying Third-Party Wallet software or blockchain nodes, such software constitutes an essential third-party dependency without which transactions cannot be exercised. We do not guarantee the continued operation, maintenance, availability, or security of any of the foregoing or the Application Programming Interfaces (APIs), middleware and servers of third parties.
    8. The compatibility of the Platform with blockchain wallet applications and devices or other third party applications and devices is not intended as, and You hereby agree not to construe such compatibility as, an endorsement or recommendation thereof or a warranty or assurance regarding the fitness or security thereof.
    9. In the event that blockchain systems are adversely affected by malfunctions, bugs, defects, hacking, theft, attacks, negligent coding or design choices, or changes to the protocol rules of the blockchain, Users may be exposed to a risk of total loss and forfeiture of all relevant digital assets. We assume no liability or responsibility for any of the foregoing matters.
    10. Use of certain features and functionalities on the Platform may be subject to payment of fees to third parties including but not limited to payment gateways, our Service Providers, or Game Partners. We do not receive such fees and have no ability to reverse or refund any amounts paid in error.
    11. Fork handling: Blockchain and all Web3 digital assets may be subject to "forks". Forks occur when some or all persons running the software for a particular blockchain system adopt a new client or a new version of an existing client that (a) changes the protocol rules in backwards-compatible or backwards-incompatible manner that affects which transactions can be added into later blocks, how later blocks are added to the blockchain, or other matters relating to the future operation of the protocol, or (b) reorganizes or changes past blocks to alter the history of the blockchain. Some forks are "contentious" and thus may result in two or more persistent alternative versions of the protocol or blockchain, either of which may be viewed as or claimed to be the legitimate or genuine continuation of the original.
    12. We may not be able to anticipate, control or influence the occurrence or outcome of forks, and do not assume any risk, liability or obligation in connection therewith. We do not assume any responsibility to notify any User of pending, threatened or completed forks. Each User assumes full responsibility to independently remain informed about possible forks, and to manage its own interests and risks in that connection.

  5. NO ADVICE

    1. We do not provide any investment, financial, tax, or legal advice, or advice on trading techniques, models, or any other schemes in relation to your Earnings. Our Platform and Services are not meant to provide any such advice and should not be construed as providing it in any manner whatsoever.
    2. You understand, acknowledge and agree that no oral or written information or correspondence provided by Us or Our officers, directors, employees, or agents, including but not limited to Game Partners and Service Providers, nor any information obtained through the Services or the Platform, will or shall constitute investment, or financial advice.
    3. You are solely responsible for determining whether your participation in a Quest/Tournament is required and/or beneficial to You. Before making any financial, legal, or other decisions relating to the Platform, Users are advised to seek independent professional advice from persons licensed and qualified in the area for which such advice would be appropriate.
    4. Our Platform and Our Services are not intended to be a substitute for any professional advice and/or judgment. You shall be solely liable for all decisions and actions taken or not taken by You.
    5. There is no assurance whatsoever that the time and skill you spend on using the Platform or our Services would provide You with a positive return or any profit. It is imperative that You possess the relevant knowledge and information before entering into any transaction or making any commitment on the Platform or with any Game Partner, Service Provider or third party.
    6. You understand and agree that the Platform or IndiGG will in no manner assist You in limiting any losses that You may suffer in relation to any activities that You undertake on the Platform.

  6. QUERIES REGARDING THE RISK DISCLOSURE POLICY

    1. If You have any questions about this Risk Disclosure Policy, please contact Us at [email protected].
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