These terms of use are entered into by and between you (you or the User) and Lower Tribeca Corp., a Bahamas Corporation (Company, we, us,our or Wynd). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these Terms of Use or this Agreement), govern the User’s access to and use of https://wyndlabs.ai/ and its sub-pages, including any content or functionality offered on or through the website-hosted user Application accessible via https://app.getgrass.io/ (theApplication, or collectively with other https://wyndlabs.ai/ subpages, the Website).

The User must read these Terms of Use carefully before using the Website (including the Application). By using the Website or the Application, the User accepts and agrees to be bound and abide by these Terms of Use and all documents incorporated herein by reference. If the User does not want to agree to these Terms of Use or any documents that are incorporated herein by reference, the User must not access the Website or use the Application.

The Website is offered and available to users who are eighteen (18) years of age or older. By using this Website, the User represents and warrants that the User is at least the higher of legal age to form a binding contract with the Company in the User’s applicable jurisdiction or eighteen (18) years of age, and meets all of the foregoing eligibility requirements. Further, by using the Website, the User represents and warrants that the User is not a citizen or resident of, nor is located in, any country where the use of the Website is illegal or impermissible, whether by rule, statute, regulation, bylaw, court adjudication or order, protocol, administrative statement, code, decree, or other directive, requirement or guideline, whether applicable on the Company, the Website, the Application, the Protocol (as defined herein), or on the User (or any combination of the foregoing) by an authority with valid and enforceable jurisdiction (Applicable Laws). If you do not meet all of these requirements, you must not access or use the Website.

The Website’s services (the Services) include, without limitation, providing methods and information to enable those who access the Application (Participants) to participate in a pioneering Decentralized Peer-to-Peer Internet Networking (DEPIN) ecosystem. The Services empower Participants to contribute to a decentralized network dedicated to gathering and processing the data crucial for AI model training, significantly democratizing AI research and making it universally accessible. In connection with the Services, Wynd is developing a blockchain based protocol (the Protocol). The Protocol is designed to provide a transparent and secure framework for operations, encouraging trust and participation among participants in the Network.

The Application is not the only method that Participants may interact with, contribute to, access, or otherwise affect the Protocol. Thus, the Services (including the Website and the Application) are distinct from the Protocol, and any of the Protocol’s products or offerings should not be viewed as products or offerings provided by Wynd or the Website.

Your full engagement with and benefits from the Services offered by Wynd, including but not limited to the Application, may necessitate the payment of transactional fees imposed by the underlying blockchain or distributed ledger technology compatible with the Protocol, or directly by the Protocol itself. These fees (Blockchain Fees) are intended to facilitate and incentivize proper utilization within the Protocol’s ecosystem. For instance, Blockchain Fees may be applied when you redeem rewards, set up a blockchain-compatible wallet, or transfer distributed rewards into your personal digital asset wallet.

Please note that these Blockchain Fees are not directly charged by Wynd, but rather are a result of your interaction with the Services and the governance rules established by the Protocol and the broader blockchain community. Wynd does not have any influence over Blockchain Fees, including but not limited to their imposition, collection, amounts, or their operational execution and effectiveness, whether they arise from your use of the Services or otherwise. By using the Services, you agree that Wynd is not liable for any aspect of the Blockchain Fees, including payment, reimbursement, refund, disbursement, compensation, or any other related matter.

For additional details on blockchain technology, digital assets, and the risks involved, please refer to the section titled: Nature of Blockchain; Assumption of Risk; Waiver of Claims.

We reserve the right to withdraw or amend the Website (including the Application), and any other Services or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website, the Application, the Protocol, or any of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Participants.

The User is responsible for both:

• Making all arrangements necessary for the User to have access to the Website and the Services.
• Ensuring that all persons who access the Website or the Services through the User’s internet connection are aware of these Terms of Use and comply with them.

To access certain Services or some of the resources offered on the Website, the User may be asked to provide certain registration details or other information. Other Services or resources offered on the Website (such as the Application) may require the User to utilize certain Web3 capabilities, such a Digital Asset wallet capable of interacting with the User’s web browser or relevant blockchain nodes (Web3 Utilities). It is a condition of the User’s use of the Website and the Services that the User only operate such Web3 Utilities with a private key(s) that the User created or has the direct, explicit permission of the party who created the relevant private key(s). The User agrees that all information it provides to interact with the Website, Application, Services, or otherwise, including, but not limited to, through the use of any interactive features on the Website is correct, current, and complete. The User consents to all actions we take with respect to the User’s information as is consistent with these Terms of Use and all documents referenced or incorporated herein.

If the User utilizes a Web3 Utility that relies on a separate username, password, private key, or any other piece of information as part of its security procedures, the User must treat such information as confidential, and the User must not disclose that information to any other person or entity. The User also acknowledges that any identity linked to its Web3 Utility is personal to the User and agrees not to provide any other person with access to such identity. The User also agrees to ensure that it will lock or otherwise prevent its Web3 Utility from unauthorized use on this Website or the Services at the end of each session. The User should use particular caution when accessing the Website or the Services from a public or shared computer so that others are not able to view or record the User’s username, password, private key, or other personal information. In the event the User’s Web3 credentials are compromised, the User acknowledges and understands that all of its related Digital Assets may be compromised as well, and waives any and all responsibility of and liability against Wynd related to any losses in any such event.

Except any open-source software or other material incorporated into the Website or the Services, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The User must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

• The User’s computer may temporarily store copies of such materials in RAM incidental to the User’s accessing and viewing those materials.
• The User may store files that are automatically cached by the User’s web browser for display enhancement purposes.
• The User may print or download one copy of a reasonable number of pages of the Website for its own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, the User may download a single copy to its computer or mobile device, provided the User agrees to be bound by any applicable end user license agreement or other similar agreement for such applications.
• For any open-source materials provided on the Website or through the Services, the User may perform any activities only as is consistent with the open-source license applicable to such materials.

The User must not:

• Modify copies of any materials from this Website.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

If the User prints, copies, modifies, downloads, or otherwise uses or provides any other person with access to any part of the Website in breach of these Terms of Use, the User’s right to access the Website will stop immediately and the User must, at our option, return or destroy any copies of the materials the User has made. No right, title, or interest in or to the Website or any content on the Website is transferred to the User, and all rights not expressly granted are reserved by Wynd.

Notwithstanding anything to the contrary in these Terms of Use, the User may freely use any open-sourced materials up to the limits provided, but in accordance with any requirements placed, by those materials’ open-source licenses.

Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

The terms Wynd, Lower Tribeca Corp, Get.Grass.io and all related names, logos, product and service names, designs, and slogans are trademarks of Lower Tribeca Corp. or its affiliates or licensors. You must not use such marks without the prior written permission of the Company; provided, however, the User is hereby granted a limited, revocable, non-transferable permission and license to use the term Wynd and any related names, logos (excluding the Wynd logo), product and service names, designs, and slogans in any way that they desire so long as such usage is not done in a way that: (1) is deceitful, fraudulent, or manipulative; (2) implies any relationship between User and Wynd beyond that reasonably typical of a website administrator and its users; or (3) to cause confusion in any way to gain Digital Assets of, or personal information about, another party other than that intended by the Services, the Protocol, the Application or any related or interacting functionality (for example but without limitation, you may not use the foregoing marks to execute phishing attacks, spear-phishing attacks, social engineering, or in any way that may cause a party to transmit Digital Assets to an unintended recipient or to reveal private information, like a private key or password). All other names, logos, product and service names, designs, and slogans on the Website and Website are the trademarks of their respective owners.

Users may access and utilize the Services and Protocol exclusively for lawful purposes, in strict adherence to these Terms of Use. The User commits not to deploy the Application or any future application developed by the Company in manners that:

• Contravene any federal, state, local, or international law or regulation. This encompasses, but is not limited to, regulations concerning data privacy, intellectual property rights, and the export of data or software to and from the United States or other nations.
• Facilitate, incite, or result in unlawful or unethical manipulation or misuse of data, including but not limited to AI training datasets, violating copyright laws, AI, or IP rights.
• Exploit, harm, or attempt to exploit or harm minors in any way, such as by exposing them to inappropriate content or soliciting personally identifiable information.
• Transmit or facilitate the transmission of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.
• Impersonate Wynd, a Wynd user, or any other person or entity, or otherwise conduct fraudulent activities.
• Engage in any activity that impedes or restricts anyone’s use or enjoyment of the Grass, or which may cause harm to WYND or its users, or expose them to liability.
• Circumvent, or attempt to circumvent, any geographical restrictions, privacy measures, or other access controls, including the use of VPNs for such purposes.
• Cause, or potentially cause, damage, disruption, or impairment to the operation of the Grass or DEPIN applications, or engage in any unlawful, illegal, fraudulent, or harmful behavior.
• Extract data or perform any unauthorized form of data scraping, or interfere with the network or protocol operations in any manner not expressly permitted by Wynd.
• Restrict or inhibit anyone’s use or enjoyment of the Website or the Services, or which, as determined by us, may harm the platform, other participants, or expose them to liability. This includes access from Burma (Myanmar), Cuba, Iran, Sudan, South Sudan, Syria, the Western Balkans, Belarus, Democratic Republic of the Congo, Iraq, Lebanon, Liberia, Libya, North Korea, the Crimea region, Somalia, Venezuela, Yemen, or Zimbabwe (collectively, Prohibited Jurisdictions), or if the user is listed as a Specially Designated National by the United States Office of Foreign Asset Control (OFAC).

Furthermore, Users must not:

• Misrepresent their identity or affiliation with any person or organization.
• Engage in any behavior that violates applicable laws or regulations, infringes on any person’s legal rights, or promotes any illegal or immoral activities, including without limitation activities related to AI training or Copyright and Intellectual Property violations.
• Use the network in a manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the network, or that could damage, disable, overburden, or impair the functioning of the network.
• Attempt to bypass any content filtering techniques employed by Wynd or access any services or areas of the network for which they are not authorized.
• Employ robots, spiders, crawlers, scrapers, or any other automated means or interfaces not provided by Wynd to access the network or extract data.

The Company reserves the right to:

• Take any necessary legal action, including but not limited to, referral to law enforcement, for any illegal or unauthorized use of the network.
• Terminate or suspend access to all or part of the network for any or no reason, including without limitation, any violation of these Terms of Use.
• Without limiting the foregoing, the Company reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using our network. YOU WAIVE AND HOLD HARMLESS WYND FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WYND DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER WYND OR LAW ENFORCEMENT AUTHORITIES.

We cannot undertake to review all material before it is transmitted on the network and cannot ensure immediate removal of objectionable material after it has been sent. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Wynd develops open-source software and does not directly offer, operate, or administer the Protocol. Our Services are designed to facilitate participants’ engagement with DEPIN applications, assisting in the decentralization of internet bandwidth and AI data scraping networks. Users are responsible for their engagement with the Services, including any transactions and the application of information obtained through our platform. It is the User’s responsibility to ensure compliance with all applicable laws and regulations pertaining to their use of the Services, especially those concerning data privacy, intellectual property rights, and international data transfer laws.

Users must acknowledge that Wynd is not affiliated with, nor has our platform, services, or the software it contains been reviewed or approved by, any regulatory authority concerned with data privacy or cybersecurity.

The User understands that Wynd cannot guarantee that files available for download from the internet or through our Services will be free of viruses or other destructive code. Users are responsible for implementing adequate measures to fulfill their specific needs for: (1) ensuring the security and integrity of their web activities; (2) anti-virus protection and accuracy of data input and output; (3) engaging with DEPIN applications and related blockchain technologies; and (4) maintaining external backups to recover any lost data.

TO THE FULLEST EXTENT PERMITTED BY LAW, WYND SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, MAN-IN-THE-MIDDLE ATTACKS, VIRUSES, OR OTHER TECHNOLOGICAL HAZARDS THAT MAY INFECT USER’S COMPUTER EQUIPMENT, SOFTWARE, DATA, OR OTHER PROPRIETARY MATERIAL AS A RESULT OF USING THE WYND NETWORK, ITS SERVICES, OR DOWNLOADING MATERIAL POSTED ON IT, OR ON ANY LINKED SITES.

THE USE OF THE WYND NETWORK, ITS DEPIN APPLICATIONS, AND ANY RELATED SERVICES IS SOLELY AT THE USER’S RISK. THE NETWORK AND ITS SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

WYND MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE NETWORK OR ITS SERVICES. WE DO NOT GUARANTEE THAT ACCESS TO THE WYND NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERRORS; THAT THE INFORMATION PROVIDED WILL BE ACCURATE, RELIABLE, OR CURRENT; OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WYND OR THROUGH THE NETWORK, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE DO NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT, ADVERTISEMENTS, OR SERVICES PROVIDED THROUGH THE WYND NETWORK OR ANY LINKED WEBSITES.

THESE DISCLAIMERS WILL NOT LIMIT OR EXCLUDE ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WYND, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, CONTRIBUTORS, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE, OR INABILITY TO USE, THE WYND NETWORK, ITS APPLICATIONS, THE SERVICES, ANY WEBSITES LINKED THROUGH OUR SERVICES, OR ANY CONTENT ON THE WYND NETWORK OR SUCH OTHER WEBSITES. THIS INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROFITS, BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, GOODWILL, DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS DISCLAIMER OF LIABILITY EXTENDS TO ANY DAMAGES CAUSED BY ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY FRAUD, DECEIT, OR MANIPULATION), OR ANY FAILURE, EXPLOIT, OR VULNERABILITY OF THE NETWORK, SERVICES, THE DEPIN PROTOCOL, OR THE UNDERLYING TECHNOLOGIES OR FUNCTIONALITIES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF WYND AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, CONTRIBUTORS, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID DIRECTLY TO WYND FOR THE APPLICABLE CONTENT OR SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The User agrees to defend, indemnify, and hold harmless WYND, its affiliates, licensors, and service providers, and its and their respective officers, directors, contributors, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (1) the User’s violation of these Terms of Use; (2) the User’s use of the Wynd Network, its applications, or any other services provided by WYND, including, but not limited to, the User’s interactions with any DEPIN functionalities or reliance on content, services, and products accessed through the Wynd Network other than as expressly authorized in these Terms of Use; (3) the User’s reliance on any information obtained through the Website; or (4) any other party’s access and use of the Wynd Network or its applications with the User’s assistance or by using any device or account that the User owns or controls.

Any dispute, controversy or claim arising out of, relating to, or in connection with the User’s use of the Website or the Services, or in connection with this Agreement, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be finally resolved by binding arbitration administered in New York, New York by the International Centre for Dispute Resolution under its applicable Arbitration Rules. A single arbitrator shall preside, and proceedings shall be conducted remotely to the maximum extent possible. Each Party shall pay its own expenses in such arbitration, including its attorneys’ fees, subject to reapportionment by the arbitrator in a final award. The language of the arbitration shall be English. The prevailing Party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in such proceeding in addition to any other relief to which it may be entitled. Any interim or provisional relief that would be available from a court of law shall be available in accordance with the rules of ICDR, however, nothing in this Agreement shall preclude the Parties from obtaining preliminary injunctive relief in a court of competent jurisdiction located in New York, New York if necessary to prevent irreparable harm pending the conclusion of any arbitration. The final arbitration award may be confirmed in a state or federal court located in New York, New York and the Parties agree to waive any claim of improper venue or forum non conveniens. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that these Terms of Use do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then its remaining portions will remain in force.

ANY CAUSE OF ACTION OR CLAIM THE USER MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR A USER’S USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

No waiver by Wynd of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Wynd to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

These Terms of Use, the Privacy Policy, and any other document incorporated by reference herein constitute the sole and entire agreement between the User and Wynd regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in the Section entitled Governing Law & Jurisdiction below will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.

Wynd may implement a referral program where Users can earn rewards by introducing new Participants to the Services using a customized referral link provided by Wynd, unique to each User (the Referral Program). This Terms of Use applies to the Referral Program. Attempting to game or manipulate the referral system may result in the cancellation of earned incentives and possible exclusion from the Referral Program.

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any law or rule that would cause the application of another jurisdiction’s law (whether of the Bahamas or any other jurisdiction).

If you have any questions about these Terms and Conditions, please contact us at info@wynd.network.