Anima Quest Terms
Dated September 2024
These Quest Terms (the “Quest Terms”) supplement, and form part of, the Synaps’ T&Cs, as updated, changed or amended from time to time, the current version of which is located here. Accordingly, capitalised terms used, but not defined in these Quest Terms, have the meanings set out in the T&Cs. These Quest Terms govern (i) Users access to quests (each, a “Quest”) launched by the promoter of a third-party project (each, a “Quest Manager”); and (ii) the use of our proof of personhood verification and related services by the Quest Manager, in the conditions set forth in these Quest Terms. By accessing a Quest (whether as a User or a Quest Manager) you agree to be bound by these Quest Terms which may be changed, supplemented or updated from time to time at our sole discretion, with or without prior notice to you. If you do not agree with such changes, modifications or updates, please do not participate in or propose any Quest. Your participation in or proposal of a Quest will confirm your acceptance to the Quest Terms.
The purpose of a Quest is to allow Users to discover and test a Quest Manager’s protocol in consideration for a small reward, generally consisting in a quantity of the protocol’s tokens (the “Quest Token(s)”), and/or, from time to time, Anima tokens. Each Quest is governed by its own terms and conditions, set out by the Quest Manager. You are solely and entirely responsible for reading, understanding and accepting the Quest Manager’s terms and conditions prior to participating in a Quest. The criteria for each Quest and the amount of each reward may differ, with no guarantee of distribution.
QUEST RULES
For each Quest, the Quest’s description will contain, at least:
a summary of the Quest’s rules, in a clear, comprehensive and non-deceptive manner;
the period during which the Quest is open (the “Quest Period”); and,
a description of the reward to be granted.
At the end of the Quest Period, the Quest Manager will verify whether User is eligible to receive the reward based on the criteria set in the Quest Manager’s terms and conditions. Rewards are non-transferable and will be distributed on the wallet used by User for authentication. Note that we are never in control of reward delivery.
Decisions made by the Quest Manager as to all matters related to the Quest will be final and binding.
All income and other taxes resulting from acceptance of rewards, if any, are the responsibility of the Users. The Quest is subject to all applicable laws and regulations. Winning a reward is contingent upon fulfilling all requirements of the Quest Rules. We reserves the right without liability to disqualify any participant or cancel, suspend, modify and/or terminate the Quest, or any part of it, for any reason, including, but not limited to, technical errors, human or otherwise, suspected or actual evidence of electronic or non-electronic tampering with any portion of the Quest, or if computer virus, bugs, unauthorised intervention, fraud or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Quest or any other factor beyond Synap’s reasonable control, as determined by us in ur sole and absolute discretion. We reserve the right to disqualify any participant it finds to be tampering or interfering with the operation of a Quest, acting in violation of the Quest Rules or in an unsportsmanlike or disruptive manner and void all such participant’s right to take part in future Quests.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A QUEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
USER TERMS
Users Eligibility
No payment is required to participate in a Quest.
You may not participate in a Quest if you are under 18 years old or do not qualify as an adult in your home jurisdiction.
Successful proof of personhood verification does not guarantee your eligibility or ability to effectively participate in any particular Quest. In particular, you may not be allowed to participate in a Quest if you do not satisfy all the requirements set forth by the Quest Manager for the relevant Quest. Quest Managers have full discretion to set their restrictions and to decide whether or not to allow Users to participate in a Quest. For example, you may be prohibited to participate in a Quest if you are a resident or a citizen of a particular jurisdiction or if you are located therein, as defined in each special Quest’s terms and conditions. You are solely responsible for ensuring that you meet all eligibility criteria set forth by the Quest Manager prior to participating in any Quest. Information in relation to a Quest displayed on Anima’ webpages are provided for your convenience only and are not binding. The special Quest’s terms and conditions are posted by the Quest Manager.
You must carefully read, understand and agree to the terms and conditions applicable to a Quest prior to participating, and we strongly recommend them to get acquainted with all materials posted by the Quest Manager in relation to their Quest. We will not conduct any due diligence on Quest Managers or their Quests. Users are solely responsible for conducting their own due diligence and to ensure that their forthcoming participation in any Quest is appropriate. Do not participate in a Quest if you do not fully understand the details of the offer or the risks associated with such a decision.
For the avoidance of doubt, we do not provide custody services, including for Anima tokens distributed by us. We will not collect funds or tokens on your behalf or on behalf of Quest Managers.
Access to and Use of a Quest
If you were directed to a Quest by the Quest Manager through a URL link, you should be directed to the Quest Manager’s dedicated proof of personhood page. If you are visiting a Quest on your own initiative, you may select a dynamic mode to view ongoing Quests based on the criteria you have selected in your filter options. In all cases, participating in Quests requires you to create a verified account.
User Acknowledgements, Representations and Warranties
You acknowledge and agree that:
You participate in Quests at your entire and exclusive risks;
Eligible participants must at all times comply with the Quest Rules;
We will, in no instance and at no time, safeguard, maintain custody, hold, control or store any crypto-asset on your behalf and you will therefore have to gain sufficient understanding of cryptographic tokens, token storage mechanisms (such as token wallets), and distributed ledger technology prior to participating in any Quest;
We are not a digital asset service provider, a payment service provider, a money transmitter, a money services business, an electronic money issuer, bank or other banking, credit or payment institution; and
We will not conduct any assessment, analysis or due diligence as to the quality, fitness for purpose or else with respect to Quest Managers or Quests. You are solely responsible for conducting your own due diligence and ensuring that your investment in a Quest is appropriate, including without limitation by reading and understanding the whitepaper published in relation to such Quests.
You represent and warrant to us that:
You are an adult who has legal capacity to enter into Quests;
If you act on behalf of a legal person, you are fully vested with the powers to represent it for the purposes of executing and performing all obligations under these Quest Terms; and
You will abide by all the terms and conditions applicable to Quests in which you will participate in and your participation will not constitute a breach of applicable laws and regulations.
Data Protection
To understand how and why we process your personal data within the meaning of Article 4, point (1), of Regulation (EU) 2016/679 (GDPR) please refer to our privacy policy.
Contact us
If you have any concern about a Quest or you would like to report harmful content included in a Quest, please write to us at [email protected].
QUEST MANAGER TERMS
Quest Manager Eligibility
Although we will not assess the quality of any Quest prior publication, we reserve the right to refuse to publish any communication material, information or documents (“Quest Content”) or we may remove such Quest Content at our sole discretion, with or without reason, including without limitation if we consider that your Quest Content is harmful to our Users, discriminatory, defamatory, illegal, infringes third-party copyrights or other rights or contrary to public safety or security.
You are fully responsible for defining the eligibility criteria applicable to your Quest (including any geographic and/or personal restrictions).
Access to and Use of a Quest
You may start using a Quest as a Quest Manager as soon as you have successfully created your « Quests Account », which may take up to 48 hours, and paid the applicable Fees (as defined below).
By participating in a Quest, you waive all rights to claim punitive, incidental and consequential damages, attorneys’ fees or any damages other than actual out-of-pocket costs incurred to enter (but not including any costs associated with trading activity, to the extent applicable). You release us and any Quest Manager from any and all liability, of whatever nature, associated with the Quest, including, without limitation, as to reward delivery and fulfilment.
Fees
A Quest will be charged in accordance with the pricing plan described in Annex 1.
Representations And Warranties
You represent and warrant to us, on a continuing basis that:
The Quest Manager you represent is duly incorporated, established or constituted and validly existing under the laws of its country of incorporation, establishment or constitution (as applicable).
You have full authority and capacity to enter into these Quest Terms on behalf of the Quest Manager you represent, as authorised under its constitutional documents.
These Quest Terms constitute legal, valid and binding obligations, enforceable in accordance with its terms.
The Quest you intend to provide does not breach applicable laws and regulations.
You will abide by the Quest Rules at all times.
You have not entered into these Quest Terms in reliance upon any information, representations or assumptions (whether made orally, in writing or otherwise) which may have been given by us, save as may be specifically set out in writing in these Quest Terms. Insofar as you are aware, the Quest Manager is not under investigatory or regulatory review or proceedings taking place, pending, anticipated or threatened against it.
The Quest Manager you represent is duly authorised to make Quests.
No Representation and Warranties
We make no representations, warranties, or guarantees to you of any kind. Quests are offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose.
GENRAL TERMS
Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend and hold us harmless and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “Indemnified Parties”) from and against all actual and threatened claims, lawsuits, demands, actions, investigations (whether formal or informal), liabilities, obligations, judgments, damages, penalties, interests, fees, losses, expenses (including attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether claimed by an Indemnified Party or third parties including governmental authorities, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively “Claims”) arising from or relating to (i) the performance or non-performance of your obligations under these Quest Terms, (ii) your breach or violation of these Quest Terms, (iii) any inaccuracy in any representation or warranty made by you, (iv), and/or (v) any act or omission of yours that is negligent, unlawful, or constitutes willful misconduct. This foregoing indemnity is in addition to, and not in lieu of, any other remedies that may be available to us under applicable law.
Disclaimers
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE SPECIFIED IN A WRITING BY US, (I) QUESTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS RELATING TO A QUEST (WHETHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE; (II) WE DO NOT REPRESENT OR WARRANT THAT QUESTS ARE RELIABLE, CURRENT, ERROR-FREE, OR DEFECT-FREE, MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS WILL BE CORRECTED; AND (iii) WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE TOKENS OR THE DELIVERY MECHANISM FOR TOKENS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT WHEN DUE TO OUR GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT: (I) IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, DIMINUTION OF VALUE, LOSS OF USE OR DATA, LOSS OR DEPLETION OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF CONTRACT, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, OR THE LIKE) ARISING OUT OF OR IN ANY WAY RELATED TO THE SALE OR USE OF A QUEST OR OTHERWISE RELATED TO THESE QUEST TERMS; REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); AND (II) IN NO EVENT WILL OUR AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE QUEST TERMS, OR THE USE OF OR INABILITY TO USE A QUEST, EXCEED THE AMOUNT YOU PAY TO US THE CALENDAR YEAR IMMEDIATELY PRECEDING THE DATE OF THE QUEST TO WHICH YOUR CLAIM RELATES.
Waiver
Any failure of either Party to exercise any of its respective rights, powers, or remedies under these Quest Terms, or any delay in doing so, will not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by a Party will not prevent her/him/it from exercising any other rights, powers, or remedies
Release
To the fullest extent permitted by applicable law, you release us and the other Indemnified Parties from responsibility, liability, claims, losses, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between you and the acts or omissions of third parties.
Force Majeure
We are not responsible for damages caused by delay or failure to perform undertakings under the Quest Rules when the delay or failure is due to health crises, fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; acts of any government; computer, server, or Internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of other third-parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of force majeure, we are entirely excused from any and all performance obligations under the Quest Rules.
Dispute Resolution
All rights and obligations hereunder will be exclusively and irrevocably governed by French laws, without regard to conflicts of law provisions. Any dispute arising out of or in connection with these Quest Terms, including any question regarding its existence, validity, interpretation or termination, will be resolved amicably by the Parties. If the dispute cannot be resolved amicably by the Parties within thirty (30) days, the dispute may be referred to and finally resolved by the commercial courts of Paris, exclusively under French laws.
Severability
If any provision of these Quest Terms, as amended from time to time, is determined to be invalid, void, or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, voidness, or unenforceability attaches only to such provision and everything else in these Quest Terms will continue in full force and effect.
Assignment
These Quest Terms, and any of the rights, duties, and obligations contained herein, are not assignable by you without our prior written consent. Any attempt by you to do so without our prior written consent is void.
Annex 1 – Pricing Plan & Service Levels
Service availability
A Quest may be accessed and used by you for at least ninety-nine percent (99%) in each year, excluding force majeure events within the meaning of the French civil code, scheduled maintenance to perform maintenance on the systems with prior notice to you, or emergency maintenance to resolve server security issues or other emergency issues (we will use our best endeavours to notify you at the beginning and at the end of such emergency maintenance, and will provide details on the nature of the work being performed.
Payment Terms
You may not use a Quest unless you have fully paid the applicable Fees (you may verify your payment status directly in your dApp Account). We will have the right to limit or suspend your access to a Quest until all Fees are fully paid.