Terms of Service

Terms of Service

Terms of Service

Smart MFG Tech LTD

Smart MFG Tech LTD

The Smart MFG website (the “Site”), its applications (the “Apps”), and content available on the Site and Apps (the “Content”) are copyrighted work belonging MFG Tech LTD (“we,” “our,” and the “Company”). MFG is a blockchain project focused on the promotion of digital transformation of industrial manufacturing supply chains using blockchain as a key building block of Industry 4.0, with cryptocurrency rewards as a central incentivization feature. We are building an end-to-end technology solution that will feature a website, mobile app, digital wallet, and blockchain platform, using the Ethereum protocol for token operation and smart contracts. These services may be accessed through the Site, Apps, Content, and data feeds (collectively the “Services”).

This Terms of Service Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. This Agreement is accepted by your accessing and/or use of the Services. You may not access and/or use the Services or accept the Agreement if you are not at least 18 years of age. By accessing and/or using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein. If you do not agree with all provisions of this Agreement, please do not access and/or use the Services.

PLEASE NOTE: THE MFG PRIVACY POLICY, AVAILABLE ON THE SMART MFG WEBSITE, IS INCORPORATED INTO, AND CONSIDERED A PART OF, THIS AGREEMENT.

Certain disclaimers

MFG is wholly owned and managed by MFG Tech LTD, a British Virgin Islands company. MFG tokens are only intended to be used within the MFG Rewards Ecosystem (as further defined in section 1). Since we have a growing number of services, we sometimes need to describe additional terms for specific services. Those additional terms and conditions, which will be made available with the relevant services, become part of this Agreement and are binding upon you if you choose to use those additional services.

In addition to all other limitations and disclaimers in this Agreement, MFG disclaims any liability or loss in connection with the content provided on the Services.

MFG reserves the right to change or modify this Agreement at any time and in our sole discretion. If we make changes to this Agreement, we will provide notice of such changes, such as by sending an email notification, providing notice through the Site or updating the “Last Updated” date at the beginning of this Agreement. By continuing to access or use the Site or purchase MFG tokens, you confirm your acceptance of the revised Agreement and all of the terms incorporated therein by reference. We encourage you to review this Agreement frequently to ensure that you understand the terms and conditions that apply when you access or use the Site. If you do not agree to a revised version of this Agreement, you may not access or use the Site or purchase MFG tokens.

Definitions

“MFG” refers to a general purpose cryptocurrency, implemented on the public Ethereum blockchain (the “Ethereum Platform”), and is intended to give users access to certain benefits, including but not limited to premium features and discounts within the MFG Rewards Ecosystem.

“MFG Rewards Ecosystem” refers to the services offered by MFG that enable users to use their MFG tokens to receive access to special perks within the MFG platform.

SERVICE

You are responsible for providing all equipment and software necessary to connect to the Site and Services, including but not limited to, a mobile device that is suitable to connect with and use Site and Services in cases where the Site offers a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, which you incur when accessing the Site or Services.

Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services (including the Site, Apps, and Content, but excluding any User Content as defined herein) are owned by MFG or MFG’s suppliers. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. MFG and its suppliers reserve all rights not granted in this Agreement.

Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, the MFG logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of MFG or our affiliates, licensors or users, as applicable.

Notwithstanding anything to the contrary in this Agreement, the Site and Content may include software components provided by MFG or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

The MFG logo and any MFG product or service names, logos or slogans that may appear on the Site or Service are trademarks of MFG or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any meta tags or other “hidden text” utilizing “MFG” or any other name, trademark or product or service name of MFG or our affiliates without our prior written permission. In addition, the look and feel of the Site and Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of MFG and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and MFG names or logos mentioned on the Site are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by MFG.

License to Access and Use Our Site and Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Site and Content. However, such license is subject to this Agreement and does not include any right to (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods to access the Site or Content, (e) download (other than page caching) any portion of the Site or Content, except as expressly permitted by us, and (f) use the Site or Content other than for their intended purposes.

Hyperlinks

You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Site for noncommercial purposes, provided that such link does not portray MFG or our affiliates or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a MFG logo or other proprietary graphic of MFG to link to the Site or Content without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any MFG trademark, logo or other proprietary information, including the images found on the Site, the content of any text or the layout or design of any page, or form contained on a page, on the Site without our express written consent.

Third-Party Services.

The Site may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left our Site and are subject to the agreement and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of MFG. MFG is not responsible for any Third-Party Websites or Third-Party Applications. MFG provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services. You use all links to Third-Party Websites, and Third-Party Applications at your own risk. When you leave our Site, our Agreement and policies no longer govern. You should review applicable agreement and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Use of Services at Your Own Risk. Your access to and use of the Site, Content, Apps, and Services is at your own risk. MFG will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Site, Apps, Content, or Services.

Customer Support. MFG has no obligation to provide you with customer support of any kind. However, MFG may provide you with customer support from time to time, at MFG’s sole discretion.

Modification Of Services. MFG reserves the right, at any time, to modify, suspend, or discontinue the Services (including the Site, Apps, and APIs) or any part thereof with or without notice. MFG reserves the right to integrate into a different web service, migrate to a different URL, modify or discontinue, restrict or block access to, the Services without notice to you. MFG may modify or remove any Content from the Services at any time without notice to you. MFG is not liable for any such modification, suspension, discontinuance or removal. You agree that MFG will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

USER CONTENT

User Content. “User Content” of a user means any photographs, pictures, content, text, artwork, files, programs, sound, graphics, video, data, product ratings, product comments, or forum post and other similar materials that a user submits, emails or otherwise uses with the Services. “Your User Content” means User Content that you provide to MFG. “Media” means any means of conveying information, whether now known or hereafter devised. You are solely responsible for your User Content.

You assume all risks associated with use of User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your User Content that makes you or any third party personally identifiable.

License. By using Your User Content with the Services, you automatically grant, and you represent and warrant that you have the right to grant, to MFG an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including Your User Content in the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content.

Feedback. MFG will treat any feedback or suggestions you provide to MFG as non-confidential and non-proprietary. Thus, in the absence of a written agreement with MFG to the contrary, you agree that you will not submit to MFG any information or ideas that you consider to be confidential or proprietary.

User Content License Grants. You hereby grant to MFG a worldwide, perpetual, irrevocable, nonexclusive, royalty-free, fully-paid up, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property and other rights in Your User Content, to (a) reproduce, distribute, transmit, publicly perform and publicly display Your User Content, in whole or in part, in any manner and Media, (b) modify, adapt, translate and create derivative works from Your User Content, in whole or in part, in any manner and Media, (c) sublicense the foregoing rights, in whole or in part, to any third party, with or without a fee and (d) exercise any and all other present or future rights in Your User Content.

Name, Trademarks and Likenesses License Grants. You hereby grant to MFG a worldwide, perpetual, irrevocable, nonexclusive, royalty-free, fully-paid up, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property and other rights in Your User Content, to use all trademarks, trade names and the names and likenesses of any individuals that appear in Your User Content. You grant MFG the right to use the name that you submit in connection with Your User Content.

Moral Rights. You hereby waive and agree never to assert any claim of Moral Rights in Your User Content against MFG or any of MFG’s licensees. “Moral Rights” means any right to (a) divulge Your User Content to the public; (b) retract Your User Content from the public; (c) claim authorship of Your User Content; (d) object to any distortion, mutilation or other modification of Your User Content; or (e) any and all similar rights, existing under judicial or statutory law of any country or jurisdiction in the world, or under any treaty regardless of whether or not such right is called or generally referred to as a moral right.

Restrictions. You agree that you will not submit User Content that is unlawful, pornographic, libelous, defamatory, tortious, obscene, or racially, ethnically or otherwise objectionable or that otherwise violates general MFG community standards. We expressly reserve the right to remove or not make available any User Content that we deem to be in violation of this Agreement, applicable laws or our community standards in our sole discretion. You agree that you will not upload, post, email or otherwise transmit User Content to us that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

No Obligation. Although we have the right to include Your User Content in the Service or in any Media, we do not have the obligation to do so. We may, in our sole discretion and for any reason, refuse Your User Content or remove it from our Service at any time. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of Your User Content, nor do we guarantee any confidentiality with respect to Your User Content.

Advertising. MFG and its licensees may publicly display advertisements and other information adjacent to or included with Your User Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

Representations and Warranties. You hereby affirm, represent, and warrant that (a) you own, or have the necessary licenses, rights, and/or consents to use Your User Content with the Services as described herein; (b) Your User Content does not infringe any copyright or any other intellectual property right of any third party; (c) Your User Content, and MFG’s exercise of its rights hereunder, do not and will not violate, misappropriate or infringe any intellectual property right, including but not limited to trademark rights, copyrights, moral rights and publicity rights of any third party; (d) you possess all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of Your User Content by MFG as permitted hereunder; (e) Your User Content is not pornographic, obscene, libelous, defamatory, tortious, or otherwise unlawful; (f) all factual statements submitted by you are accurate and not misleading; and (g) Your User Content does not in any other way violate the Acceptable Use Policy (defined below).

You may not state or imply that Your User Content is in any way provided, sponsored or endorsed by MFG. Because you alone are responsible for Your User Content (and not MFG), you may expose yourself to liability if, for example, Your User Content violates the Acceptable Use Policy. MFG is not obligated to backup any User Content and Your User Content may be deleted at anytime. You are solely responsible for creating backup copies of Your User Content if you desire. We will protect User Content in accordance with MFG’s Privacy Policy.

ACCEPTABLE USE POLICY

The following sets forth MFG’s “Acceptable Use Policy”:

You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to use the Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Services or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means; (f) attempt to access or search the Site, Content, or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by MFG or other generally available third party web browsers; (f) forge any TCP/IP packet header or any part of the header information in any email or posting; (g) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, or Services; (h) access, tamper with, or use non-public areas of the Site, Apps, APIs, MFG’s computer systems, or the technical delivery systems of MFG’s providers; (i) attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures; (j) access, tamper with, or use non-public areas of the Site, MFG’s computer systems, or the technical delivery systems of MFG’s providers; (k) attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures; (l) in any way use the Site, Content or Services to send altered, deceptive or false source-identifying information; or (m) harass or interfere with another user’s use and enjoyment of the Services;

We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your MFG Account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and customers, we may access and disclose any information considered necessary or appropriate, including your MFG Account username and password, IP address and traffic information, usage history, and your User Content.

THIRD PARTY SITES & ADS, OTHER USERS

Third Party Sites & Ads. The Services may contain links to third party sites and advertisements for third parties, including links to third party sites from smartmfg.io to “Buy MFG” (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of MFG and MFG is not responsible for any Third Party Sites & Ads. MFG provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. Advertisements and other information provided by Third Party Sites & Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. When you follow a link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third Party Sites & Ads that are found on or through the Site, Apps or Services, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.

Other Users. Each user of the Service is solely responsible for any and all their User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such user. You agree that MFG will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.

Release. You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any App Store, any other Service users, or any Third Party Sites & Ads.

If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

DISCLAIMERS

The Services (including Site, Apps, and Content) and User Content are provided “As is”, without warranty or condition of any kind, either express or implied. Without limiting the foregoing, MFG explicitly disclaims any warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement.

MFG makes no warranty that the Site, Apps, Content, User Content or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. MFG makes no warranty regarding the quality of any products, services, or information obtained through the Site, Apps, Content, User Content or Services, or the accuracy, timeliness, truthfulness, completeness or reliability of any information obtained through the Site, Apps, Content, User Content or Services. MFG does not regularly monitor or update the accuracy or reliability of the Content or User Content.

No advice or information, whether oral or written, obtained from MFG or through the Site, Apps, Content, User Content or Services, will create any warranty not expressly made herein or create any liability on the part of MFG.

The Site, Apps, Content, User Content and Services are for consumer educational use only. Nothing contained in the Services is or should be considered, or used as a substitute for, medical, religious, nutritional or any other professional advice, diagnosis or treatment. The Site, Apps, Content and Services do not constitute the practice of any medical, religious, nutritional, dietetic, nursing or other professional health care advice, diagnosis or treatment. MFG advises users to always seek the advice of a physician or other qualified, licensed health care provider with any questions regarding personal health, nutrition, religious, or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified, licensed health care provider because of something you have read on the Site or Apps. MFG makes no representations or warranties about the information, tools, or content included in the Site, Apps, Content, User Content or Services.

Please also review the specific disclaimers in section “certain disclaimers”.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

LIMITATION ON LIABILITY

In no event shall we (and our suppliers) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from this agreement or your use of, or inability to use, the Site, Apps, Content or Services, or third party sites & ads, even if we have been advised of the possibility of such damages. Access to, and use of, the Site, Apps, Content, User Content or Services, and third party sites & ads are at your own discretion and risk, and you will be solely responsible for any damage to your computing system or loss of data resulting therefrom.

Notwithstanding anything to the contrary contained herein, you agree that the aggregate liability of MFG to you for any and all claims arising from the use of the Site, Apps, Content or Services is limited to the amounts you have paid to MFG for access to and use of the Site, Apps, Content or Services. The limitations of damages set forth above are fundamental elements of the basis of this Agreement between MFG and you.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.

INDEMNITY

You agree to indemnify and hold MFG, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, or (c) your violation of this Agreement. MFG reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of MFG. MFG will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

TERM AND TERMINATION

If you violate any of these Terms of Service, your permission to use the Site, Apps, Content, and Services will automatically terminate. MFG reserves the right to revoke your access to and use of the Site, Apps, Content, and Services at any time, with or without cause.

DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE

MFG respects the intellectual property rights of others and expects users of the Site to do the same. At MFG’s discretion and in appropriate circumstances, MFG may terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. MFG may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of copyright infringement if MFG believe in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond or otherwise address such complaint. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), MFG’s designated agent for notice of alleged copyright infringement appearing on the Site is: Copyright Agent, email: contact@smartmfg.io.

Filing a notice of infringement with MFG requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site, http://lcweb.loc.gov/copyright .

GENERAL

Changes to Terms of Service. You acknowledge and agree that MFG may revise these Terms of Service from time to time. By continuing to access or use the Site, Content, or Services after MFG makes any such revision, you agree to be bound by the revised Terms of Service.

Severability. In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.

Waiver. The failure of MFG to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

Governing Law. This Agreement shall be governed by the laws of the British Virgin Islands and any dispute arising in respect thereof shall be subject to the jurisdiction of the courts of the British Virgin Islands and the parties hereby submit to the jurisdiction of such courts. Notwithstanding the foregoing, the parties may agree to submit to the jurisdiction of any court of competent jurisdiction. Moreover, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.

Copyright/Trademark Information. Copyright © 2020, MFG Tech LTD. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Entire Agreement. This Agreement (which includes the Privacy Policy and any other rules posted on the Site or Apps) constitute the entire and exclusive agreement between MFG and you regarding the Site, Apps, Content, User Content, and Services, and these Terms of Service supersede and replace any prior agreements between MFG and you regarding the Site, Content, and Services. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without MFG’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

Other Disclaimers:

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY MFG, THE SITE, CONTENT CONTAINED THEREIN, AND MFG ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. MFG (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITE: A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. MFG DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, CONTENT CONTAINED THEREIN AND MFG. MFG DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. WHILE MFG ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE, CONTENT AND MFG SAFE, MFG CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, MFG OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF MFG, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR MFG.

MFG IS AN INTANGIBLE DIGITAL ASSET. MFG EXISTS ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY MFG OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE DO NOT GUARANTEE THAT MFG OR ANY MFG PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY MFG TOKENS.

MFG is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the MFG. MFG is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting MFG including forks, technical node issues or any other issues having fund losses as a result.

Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Assumption of Risk

You accept and acknowledge:

The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect MFG, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of MFG will not lose money.

You are solely responsible for determining what, if any, taxes apply to your MFG token transactions. Neither MFG nor any other MFG Party is responsible for determining the taxes that apply to MFG token transactions.

Our Site does not store, send, or receive MFG. This is because MFG exists only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of MFG occurs within the supporting blockchain and not on this Site.

There are risks associated with using an Internet based currency, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that MFG will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the MFG, however caused.

A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the MFG Rewards Ecosystem and therefore the potential utility or value of MFG tokens.

The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the MFG Rewards Ecosystem and the utility of MFG.

The MFG Rewards Ecosystem may rely on third-party platforms to distribute the applications through which users will access the MFG Rewards Ecosystem. If the MFG Rewards Ecosystem is unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if the MFG Rewards Ecosystem providers violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the MFG Rewards Ecosystem and MFG will suffer.

Upgrades by Ethereum to the Ethereum Platform, a hard fork in the Ethereum Platform, or a change in how transactions are confirmed on the Ethereum Platform may have unintended, adverse effects on all blockchains using the ETH standard, including MFG. You accept and acknowledge that MFG will not be responsible for any losses incurred as a result of such events on the Ethereum Platform.

Partner with Us

Partnerships with Smart MFG give MFG holders additional utility and helps the MFG Rewards Ecosystem to increase its user base. The integration of MFG is another step towards fulfilling our mission to digitally transform industrial manufacturing supply chains using blockchain as a key building block of Industry 4.0.

For any manufacturing and/or blockchain project looking to integrate/collaborate with Smart MFG reach us at contact@smartmfg.io.

If you have any questions about these Terms of Service, please contact MFG at contact@smartmfg.io.

END OF AGREEMENT

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