Terms of Service

Last updated on “29” April  2024

TERMS OF SERVICE

Your use of Apato.estate website (the “Website”) constitutes your acceptance of these Terms of Service (the “ToS”) on behalf of yourself or the entity or organization that you represent. If you have not already done so, please take time to familiarize yourself with the ToS. By accessing the Website, you agree to be bound by this Website’s ToS, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. Accordingly, under Article 6 of the General Data Protection Regulation, or “GDPR,” users in the European Union acknowledge and consent to our processing of personal data as necessary for the performance of these ToS, any applicable agreements, and use of the Website.

        These ToS govern the user’s (“User” and “you”) access to and use of the Website whether accessed via computer, mobile device or otherwise as well as any products and services provided by the Apato. If you do not agree with any of these ToS, do not use this Website.

IF YOU DO NOT MEET THE ELIGIBILITY CRITERIA SET FORTH IN SECTION 2 OF THESE TOS, PLEASE DO NOT ATTEMPT TO USE ANY OF OUR SERVICES. USE OF A VIRTUAL PRIVATE NETWORK TO CIRCUMVENT THE RESTRICTIONS SET FORTH IN THESE TOS IS PROHIBITED.

CONTACT US:

        All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to support@apato.estate. 

ABOUT US:

Apato is a decentralized platform powered by blockchain technologies for real estate tokenization that creates a possibility to tokenize, operate, transfer & store ownership of any real estate property. Apato is powered by Decentralized Autonomous Organization (“DAO”) where all decisions about platform operations and management will be powered by governance.

Our goal is to provide Users with quality Services, which are:

• – creating a marketplace for tokenized assets where Users can purchase already tokenized real estate that generates profit from rent and become a shareholder of that real estate by receiving asset tokens which give the possibility to govern property decisions;
• – giving Users the possibility to add their property and tokenize it with the automatized legal framework, that is working on blockchain & smart contracts;
• – giving Users the possibility to govern owned assets by creating proposals and voting for those created by other holders’ proposals, decisions of whose will be handled by property management oracles;
• – transfer, trade & store of owned assets (the Website, together with all of the above, is collectively referred to as the “Apato Services” or “Services”).

        Apato (also referred to as the “Company” or “We”) is registered and operates under the laws of the British Virgin Islands. You can find our Company data by the following details:

• Company legal name:  NovaCyber Ltd

BVI COMPANY NUMBER: 2113531

DEFINITIONS:

        The following terminology applies to these ToS:

• Affiliate – means any other entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, the Company.
• AML Policy – means rules of conduct aimed at the prevention of money laundering and terrorism financing, developed by the Company in accordance with the Applicable Law, which construes an integral part of these ToS.
• Applicable Law – means the laws of the United States, Wyoming as the same may be amended, modified, supplemented and in effect from time to time during your use of Company’s Services.  
• User – means a person that meets the requirements set out in Section 2 and legally uses the Services provided by the Company;
• User Account – means a set of protected pages created as a result of User registration, with the help of which User has the ability to perform transactions and keep records of his activity on the Website.

Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

1. TERMS OF SERVICE ACCEPTANCE

        By accessing the Website in any manner (by registering an Account on the Website, by clicking “Agree” button registration or whatsoever), you agree to be bound by these ToS and confirm that you have read, understood, and accepted all the provisions of these ToS, as well as provisions of our Privacy Policy and Cookie Policy, AML Policy, and other legally binding document publicly available on the Website.

        You are prohibited to use the Website, Services and create the Account if you have not read, understood, and accepted all the provisions of these ToS.

        We may change, remove, or add the context of these ToS and reserve the right to do so at our sole discretion. All new and/or revised provisions of the ToS take effect immediately and apply to your use of the Website, the Account and the Services from that date on. Please, check these ToS regularly to be aware of all current provisions. We may notify you about significant changes in these Terms. This can be done by posting a notification on the Website or sending you an email (if appropriate).

        If you continue to use the Services after we make changes to the ToS, you expressly confirm your acceptance of the new and/or revised ToS.

Should any conflict arise between the English language version of these ToS and any translation thereof, the English language version will prevail.

The use of the word “including” in these ToS to refer to specific examples will be construed to mean “including but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered.

2. CONDITIONS OF USE

2.1. User Representations and Warranties

As a condition to accessing or using the Services, you represent and warrant to the Company the following: 

• you are (i) aged 18 or over, (ii) you are of the age of majority in your jurisdiction;
• you have the legal capacity to enter into these ToS and be bound by them;
• you are not resident, citizen or agent of, or incorporated in, and do not have a registered office in Restricted Territories (as stated in Section 5 of AML Policy) or any other country or region that is the subject of comprehensive country-wide or region-wide economic sanctions by the United States (collectively, “Restricted Person”);
• you are not the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) (collectively, “Sanctioned Person”);
• you do not intend to transact with any Restricted Person or Sanctioned Person;
• you do not, and will not, use a VPN or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services;
• your access to the Services (a) is not prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over Apato, you, the Website or the Services, or as otherwise duly enacted, enforceable by law, the common law or equity; and (b) does not contribute to or facilitate any illegal activity;
• you have not been previously suspended or removed from using Services;
• you do not currently have an Account;
• you will not impersonate any person or entity or use false identities, documents or information on the Website or in your interactions with us;
• you will not communicate with our staff or contractors in a way that is defamatory, libelous, harmful, hateful, harassing, bullying, threatening, racially or ethnically offensive or abusive;
• you will not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Website, in whole or in part;
• you will not circumvent, disable, violate or otherwise interfere with any security-related feature of the Website;
• all information that was provided to us, and may from time to time be provided to us, is and shall continue to be true and complete, and shall be timely updated and corrected to maintain its status as true and complete; and
• you solely control your Account’s details (email address, password or other information provided for the purpose of the Services use) and do not act on behalf of any third party.

You are obliged to inform us immediately if you enter onto one of the sanction lists or change your residence to a Restricted Territories.

You are only allowed to use the Services for personal use, and may not create multiple accounts, including for the purpose of collusion and/or abuse of service.

You can only use our Services if permitted under the laws of your jurisdiction. Please make sure that these ToS are in compliance with all laws, rules, and regulations that apply to you. By using Services, you represent and warrant that you meet all eligibility requirements that we outline in these ToS.

2.2. User Covenants

As a condition to accessing or using the Services, you acknowledge and accept that:

• these ToS and any accompanying documents and/or the Website may be changed, modified, corrected or supplemented at any time without prior written notice, at our sole discretion. Your further use of the Website after any amendments or changes to these ToS, and any accompanying documents will constitute your consent and acceptance of any such changes, modifications, amendments, applications or additions. The date of the most recent changes and amendments will be indicated at the top of these ToS;
• any actions that may be intended to commit fraud, money laundering or any other illegal actions are forbidden. We are not responsible for such actions, accomplished by Users or any third parties;
• we reserve the right at any time, in its sole discretion, temporarily or permanently change, suspend or block the Website or any of the Services at all or in the particular part, and/or disable any access to the Website for any reason whatsoever. We will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Services being inaccessible to you at any time or for any reason;
• in case of any dubious actions using the Website, we have the right to block the User’s Account until the detection and elimination of all the circumstances that led to such blocking;
• from time to time, the Website (or some of the Services we provide) may be inaccessible or inoperable for any reason, including (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Apato or any of our suppliers or contractors may undertake from time to time; (iii) causes beyond our control or that we could not reasonably foresee; (iv) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (v) unavailability of third-party service providers or external partners for any reason;
• Apato does not act as an agent for you or any other User of the Services;
• you are solely responsible for reporting and paying any taxes applicable to your use of the Services;
• We are not a registered broker-dealer or investment advisor. We do not provide investment advice, endorsement or recommendations with respect to any properties listed on this Website. Nothing on this Website should be construed as an offer to sell, solicitation of an offer to buy or a recommendation in respect of security;
• engaging in activities with cryptocurrency may be risky and your use of the Services may carry financial risk;
• we have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any digital assets that you may transfer to or from a third party, and we are not responsible for ensuring that an entity with whom you transact completes the transaction or is authorized to do so, and if you experience a problem with any transactions in digital assets using the Services, then you bear the entire risk. If there is a dispute between Users, we are under no obligation to become involved;
• Users also agree that they are responsible for their own conduct while accessing or using the Website or Services and for any consequences thereof. Users agree to use the Website or Services only for purposes that are legal, proper and in accordance with these ToS and any applicable laws or regulations. By way of example, and not as a limitation, Users may not and may not allow any third party to perform actions listed in Section 2.3 of these ToS.

We or our Affiliates may, from time to time, operate contests, promotions, sweepstakes or other activities or offer referral programs (“Promotions and Referrals”), which may be governed by separate terms and conditions and rules that may contain certain eligibility requirements; and you are responsible for reading all terms and conditions and rules relating to the Promotions and Referrals to determine whether you are eligible to participate. If you choose to enter or participate in any Promotions and Referrals, then you agree to abide by, and comply with, all terms and conditions and official rules of such Promotions and Referrals.

If you receive discounts on fees from any Promotions and Referrals that are not subject to separate terms and conditions and rules, then we reserve the right to add to, modify or eliminate the discounts and any other aspect of such Promotions and Referrals at any time in our sole discretion.

We may still refuse to let certain people access or use Services, however, and we reserve the right to change these eligibility criteria at any time.

2.3. Prohibited Use

By way of example, and not as a limitation, Users may not and may not allow any third party to:

• send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;
• distribute viruses, worms, defects, Trojan horses, corrupted files or any other items of a destructive or deceptive nature;
• upload, post, transmit or otherwise make available through the Website any content that infringes any patent, trademark, copyright, trade secret or other proprietary rights of any party unless you are the owner of such rights or have the permission of the owner to post such content;
• use the Website to violate the legal rights (such as rights of privacy and publicity) of others, or send through the Website any content, which is unauthorized or unsolicited advertising, junk or bulk e-mail;
• attempt to gain unauthorized access to any Website Account, wallet, or computer systems or networks associated with the Company or the Website;
• impersonate or attempt to impersonate the Company, a Company employee, an Affiliate of the Company, or another User or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
• access the Website in order to build a similar or competitive website, product, or service;
• misrepresent, with omission or otherwise, the truthfulness, sourcing or reliability of any content on the Website;
• modify, adapt or reverse engineer any portion of the Website or any software used for providing the Company’s Services;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Website or any content posted thereon;
• display any content through the Website that contains any hate-related or violent information or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
• use any robot, spider or other device to collect information about Users for any unauthorized purposes;
• violate any Applicable Laws including any relevant and applicable anti-money laundering and anti-terrorist financing laws and sanctions programs, such as the Bank Secrecy Act and the U.S. Department of Treasury’s Office of Foreign Asset Controls;
• use or access the Services to transmit or exchange digital assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including terrorism or tax evasion;
• attempt to circumvent any content-filtering techniques, security measures or access controls that Apato employs on the Website, including through the use of a VPN;
• use the Website or Services in ways not specified in these ToS.

        Any attempt to circumvent the restrictions:

• on usage by any persons located in a Restricted Jurisdiction;
• laid down in this ToS;

will be considered a breach of this ToS. An attempt at circumvention includes, but is not limited to, manipulating the information used by the Company to identify your location and providing the Company with false or misleading information regarding your location or place of residence (including the use of VPN).

Any and all monies (including cryptocurrencies) of a Sanctioned Person or Restricted Person on the Website are VOID, and can be confiscated or may be returned to the person at Company’s sole discretion.

2.4. No professional advice, endorsement or recommendation

All information provided in connection with your access to and use of the Website and Services is provided solely for informational purposes and should not be construed as professional advice.

Apato does not provide investment advice, endorsement or recommendations with respect to any properties listed on this site.

Nothing on this website should be construed as an offer to sell, solicitation of an offer to buy or a recommendation in respect of a security.

You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance.

You should consult with licensed legal professionals and investment advisors for any legal, tax, insurance or investment advice. Apato does not guarantee any investment performance, outcome or return of capital for any investment opportunity posted on this site.

Any investment-related information contained herein has been secured from sources that Apato believes to be reliable, but we make no representations or warranties as to the accuracy or completeness of such information and accept no liability therefore. You should not act or refrain from acting based on any information contained on the Website or any other information made available by us at any time, including blog posts, data, articles, links to third-party content, discord content, news feeds, tutorials, tweets, and videos.

Before making any financial, legal, or other decisions involving the Services, you should seek independent professional advice from a licensed and qualified individual in the area in which such advice would be appropriate. These ToS are not intended to, and do not, create or impose any fiduciary duties on us. are not intended to create or impose any fiduciary duties on us, and they do not do so. You also agree that the only duties and obligations we have to you are those expressly stated in these ToS.

We do not guarantee any investment performance, outcome, or return of capital for any investment opportunity posted on this Website.

All investments involve risk and may result in partial or total loss. By accessing this Website, you understand and acknowledge that:

• investing in real estate is risky and unpredictable, just like investing in other fields, and the real estate industry has ups and downs;
• the real estate you invest in may not generate a positive cash flow or perform as expected; and
• any real estate investment you make may lose value at any time, and future property values are unpredictable.

Any investment-related information contained herein has been secured from sources that we believe to be reliable, but we make no representations or warranties as to the accuracy or completeness of such information and accept no liability therefore. Before making an investment decision, prospective investors are advised to review all available information and consult with their tax and legal advisors. Apato does not provide investment advice or recommendations regarding any offering posted on this website.

Hyperlinks to third-party sites, or reproduction of third-party articles, do not constitute an approval or endorsement by the Company of the linked or reproduced content (for further information, please refer to Section 8).

3. ACCOUNT REGISTRATION

In order to use the Services, you will be required to create an Account by registering on the Website. We are required by law and industry regulation to collect the following data from you (“Registration Data”):

• a valid email address;
• a mobile phone number;
• real name and surname;
• date of birth;
• citizenship; and
• your address.

We are obliged to collect some of this information in the context of compliance with the requirements for combating money laundering and the financing of terrorism. We reserve the right, at any time, to ask for any KYC documentation we deem necessary to determine the identity and location of a User (for further information, please refer to Section 3 of AML Policy). We reserve the right to restrict Services and payment until identity is sufficiently determined.

You are not obligated under law to provide us with any personally identifying information. However, if you do not provide the Registration Data or any other requested personally identifying information, you will not be able to use certain features of the Website or the Services. We will use your personally-identifying information as set forth in our Privacy Policy. You represent and warrant that you have reviewed the Privacy Policy and agree to its terms.

In consideration of your use of the Website and the Services and by creating an Account, you agree to:

• provide accurate, current and complete information about you;
• maintain the security of your password and identification;
• maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and
• accept all risks of unauthorized access to the Registration Data and any other information you provide to the Company.

We strongly recommend Users set up Two-Factor Authentication, Anti-Phishing & Password options to protect their assets and Registration Data.

The right to use the Website and the Services is personal to you as the User or to the business you are registering for and is not transferable to any other person. You agree that sharing the Services with another person or providing another person access to the Services through your Account breaches these ToS and may constitute fraud or theft, for which we reserve all rights and remedies. You agree not to authorize any other individual or entity other than your authorized agents, if any, to use the Website or Services via your Account.

4. REAL ESTATE SELLING

Apato is the marketplace that consists of buyers (token holders) and sellers (people who want to sell their properties), the Platform advertises real estate  properties and thus we do not purchase real estate, flip them, and then sell them on the Website.

In general, the real estate sale process consists of the following steps:

• A seller submits their property on the Apato marketplace for sale. The property is approved or denied based on factors such as occupancy, condition, location, rental history, and others.
• Once approved, the property is put under contract by a newly formed LLC, in other words – the property is tokenized. Property Tokenization represents the creation of an on-chain legal entity with smart contracts & issuing of digital tokens that represent a share in the created entity and give the possibility to the token holder to make government in specific property DAO.
• A professional property inspection company will inspect and report on the property. If repairs are required, the seller will either make the repairs before closing or credit the LLC. All properties come with an inspection report conducted by a professional 3rd party inspection company. A professional 3rd party inspection company will look at the interior and exterior parts of the properties like the foundation, structural components, roof, plumbing, and electrical systems, then provide a written home inspection report with the results.
• The property is listed on the Apato marketplace, i.g. giving the possibility to list tokenized real estate on the marketplace by signing an agreement of intention of selling property on the marketplace.

        As the provider of the Services, the Company does not own, control, offer or manage any real estate. The Company is not a party to the contracts concluded directly between Users, nor is the Company a real estate broker or insurer. The Company is not acting as an agent in any capacity for any User.

        You are solely responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to you.

5. FEES AND TAXES

We will charge the fees for the Services provided to the Users. We may unilaterally change the fee rates. Such changes and amendments shall come into effect from the day that such changes and amendments are published on the Website.

You acknowledge that it is your sole responsibility to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. We will make any tax withholdings or filings that we are required by law to make, but we are not responsible for determining whether taxes apply to your profit, or for collecting, reporting, or remitting any taxes arising from any of your actions.

We strongly recommend you consult your own accountant regarding taxes and make decisions based on your own risk tolerance.

6. COPYRIGHT AND LIMITED LICENSE

Unless otherwise stated, the Website and all content and other materials contained therein, including, without limitation, the Apato logo, all designs, source code, database, functionality, software, text, graphics, audio, video, pictures, photographs, information, data, software and other files  as well as the selection and arrangement  (collectively, “Content”) therein, are wholly owned, controlled, and operated by us.  The trademarks, service marks, and logos therein  (the “Marks”)  are also our exclusive property and are owned, in our control, or under license to us. They are protected by U.S. and international copyright laws as well as other intellectual property rights and unfair competition laws.

You are given a restricted, non-transferable license to access and use the Website, as well as to electronically copy and print portions of the Content for your informational, non-commercial, and private use only. Any of the following are expressly prohibited by this license, which is subject to these ToS:

• any resale or commercial use of the Website or the Content therein;
• distribution, public performance, or public display of any  Content;
• modification or other creation of any derivative works of the Website and the  Content, or any portion thereof;
• use of any data mining, robots, or similar data gathering or extraction methods;
• downloading (other than page caching) any part of the Website, the Content, or any information therein, unless expressly permitted on the Website; or
• using the Website or the Content for any purpose other than what is intended.

The license granted here will be terminated if the Website or the Content is used in any way that is not expressly permitted by these ToS. Such illegal use can also be against the law, including relevant copyright and trademark laws as well as any communications laws and regulations. Nothing in these ToS, whether by estoppel, implication, or otherwise, shall be taken to provide any license to any intellectual property rights, unless such license is expressly granted. This permission may be revoked at any moment.

6.1. User-Generated Content

        You are solely responsible for the content of, and for any harm resulting from, any content that you post, upload, link to or otherwise make available via the Website, regardless of the form of that content (“User-Generated Content”). We are not responsible for any public display or misuse of User-Generated Content. We have the right (though not the obligation) to refuse, remove, or request the removal of any User-Generated Content that, in our sole discretion, violates any Company terms or policies.

If you are posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any content you post; that you will only submit content that you have the right to post; and that you will fully comply with any third-party licenses relating to content you post.

We need the legal right to do things like host User-Generated  Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display your content, and make incidental copies as necessary to render the  Website and provide the Services.

To the extent these ToS is not enforceable by Applicable Law, you grant Company the rights we need to use your content without attribution and to make reasonable adaptations of User-Generated Content as necessary to render the Website and provide the Services.

8. THIRD-PARTY LINKS, PRODUCTS AND APPLICATIONS

We may provide third-party content on the Website and may provide links to Web pages and content of third parties (collectively, “Third-Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content and make no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any Third-Party Content and undertake no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.

We may provide or allow Users to provide information about or links to third-party products or services on the Website. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Apato advertisers or third-party information on the Website.

Apato platform offers its users on its marketplace and other services the option to use a virtual asset wallet. This wallet uses mulit-sig and does not function like a traditional custodial wallet. Funds in this wallet wholly belong to the users and they have control of the wallet at all times. Apato is not a registered or licensed custodial service. It is not responsible for the contents of the custodial wallet. Through the relevant smart contracts, the users acknowledge that they are the sole managers and owners of their respective custodial wallets. Apato will not use the funds in these custodial wallets for any purposes unless directed by the owners. This feature will be enabled by default, but users can, at any time, take full control of the wallet off of Apato’s platform and self-custody the wallet and its contents.

9. INDEMNIFICATION

To the fullest extent permitted by Applicable Law, you agree to release, indemnify, and hold harmless the Company  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 (individually and collectively, the “Apato Parties”) from and against any real or alleged third party claims, losses, liabilities, obligations, penalties, interest, fees, other liabilities (including, without limitation, attorneys’ fees and expenses) and costs  (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance). “Claims” refers to claims of any kind and nature, whether known or unknown, anticipated or unforeseen, matured or unmatured, suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise, that result from, arise out of, or are connected with (a) your use or misuse of the Website (b) any feedback you provide, (c) your violation of these ToS, (d) your breach of a third party’s rights and (e) your violation of any applicable law.

In order to help the Apato Parties successfully defend any third-party Claims, you agree to quickly notify the company of any such Claims. You also concur that the Apato Parties will be in charge of any third-party claims’ defense or resolution.

The Company 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 assist and cooperate with our defense or settlement of these claims.

10. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER

10.1. Limitation of Liability

You are accountable for being aware of, comprehending, and abiding by these ToS and the Privacy Policy, which is referenced below. In no event will Apato or the Apato affiliates be liable for any direct, indirect, incidental, special, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in a contract, tort (including but not limited to negligence), or other action, arising out of or in any way connected with the use or inability to use the Website, the Services or the Content without limiting the foregoing, this includes any losses brought on by or resulting from the user’s reliance on any information obtained from Apato, as well as any losses brought on by mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not brought on by acts of God, communications failures, theft, destruction, or unauthorized access to Apato’s records, programs, or services. In no circumstances shall Apato’s total liability, whether in contract, warranty, or tort, exceed (including negligence, whether active, passive or imputed) any compensation you pay, if any, to Apato for access to or use of the Website is not enough to cover any claims for product liability, strict liability, or other theories resulting from or connected to the use of—or inability to use—the Website, the Services, or these Website conditions. The security of any data you disclose online cannot be guaranteed by the Company.

Apato TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY DAMAGES ARISING FROM ANY DECISIONS OR ACTIONS MADE BY YOU BASED ON Apato WEBSITE CONTENT OR ANY USE OF CRYPTO ASSETS INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, INCORRECT CRYPTOCURRENCY WALLET ADDRESSES, BANK WIRE INFORMATION OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS, (C) CORRUPTED WALLET FILES, (D) UNAUTHORIZED ACCESS TO WEBSITE OR SERVICES, (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF CYBER ATTACK AGAINST THE  Apato WEBSITE OR ANY ASSOCIATED SERVICES.

10.2. Warranty Disclaimer

You expressly understand and agree that your access to and use of the Company’s services are at your sole risk, and that the Website, the smart contracts, Content contained therein, are provided “as is” and “as available” without warranties or conditions of any kind, whether express or implied. The Company neither guarantees nor represents that the Content is accurate, whole, trustworthy, up to date, or error-free. Although the Company works to ensure that your use of the service and content is secure, the Company cannot and does not guarantee that the service, content, and any digital assets listed on our Website are free of viruses or other malicious components.

You expressly acknowledge that the company and its third-party licensors are not responsible for the defamatory, obscene, or unlawful behavior of visitors to the website or other third parties, and that the risk of harm from the foregoing is solely your responsibility. You acknowledge that there are security risks associated with giving out personal information and transacting online via the internet, and you agree not to hold us liable for any security breaches unless they are the result of our willful misconduct.

The Website’s security, continuity, and error-free operation are not guaranteed by the Company or any of its third-party licensees. THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE OR THAT IT WILL BE FREE OF VIRUSES, WORMS, OR TROJAN HORSES.

You expressly acknowledge and agree that use of the website is at your sole risk and that neither the company nor any of its affiliates shall have any liability for any termination, interruption of service, delays, errors, failures of performance, defects, line failures, or omissions related to the website or your use of it. If you are unhappy with the website or its content, your ONLY option against the company is to stop using the platform, website, and/or services.

11. RISK ASSUMPTION

        YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND AND ARE WILLING TO ACCEPT THE RISKS ASSOCIATED WITH CRYPTOGRAPHIC SYSTEMS SUCH AS SMART CONTRACTS, PUBLIC BLOCKCHAIN NETWORKS, AND NON-FUNGIBLE TOKENS.

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY OR RELATED TRANSACTION IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES AND RISK TOLERANCE.

        THE USER WARRANTS THAT IT IS AWARE THAT CRYPTOCURRENCY VALUES CAN FLUCTUATE GREATLY IN VALUE DEPENDING ON MARKET CONDITIONS. THE USER WARRANTS THAT IT IS AWARE OF THE VOLATILE NATURE OF CRYPTOCURRENCIES, AND HOLDS Apato HARMLESS FOR ANY LOSS OR DAMAGES ARISING FROM SUCH VOLATILITY.

        THE COMPANY IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR THE METAMASK WALLET OR ANY SIMILAR BROWSER OR WALLET ON ANY BLOCKCHAIN NETWORK INCLUDING BUT NOT LIMITED TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING PARTICULAR NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

        You acknowledge that the Website and Services are subject to flaws and acknowledge that you are solely responsible for evaluating any information provided by the Website. This warning and others provided in these ToS by Company in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing or accessing the Website. The Website may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Website. You agree to accept the risk of the Website failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses. The Company will not bear any liability, whatsoever, for any damage or interruptions caused by any viruses that may affect your computer or other equipment, or any phishing, spoofing or other attacks.

        User irrevocably releases, acquits, and forever discharges the Company and its subsidiaries, affiliates, officers, and successors for and against any and all past or future causes of action, suits, or controversies arising out of another User’s violation of these ToS.

12. DISPUTE RESOLUTION

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE ToS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE ToS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.

Any action or proceeding arising out of, or related to, these ToS or the Services shall be brought only in a state or federal court located in the State of Wyoming, Sheridan, although we retain the right to bring any suit, action, or proceeding against you for breach of these ToS in your country of residence or any other relevant country. You hereby irrevocably submit to the jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venues.

At the Company’s sole discretion, it may require any dispute, claim, or controversy arising out of or relating to these ToS, or the breach, termination, enforcement, interpretation, or validity thereof, to be submitted to and decided by a single arbitrator by binding arbitration under the rules of the Wyoming Rules for Fee Arbitration. The decision of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party. The prevailing party in the arbitration proceedings shall be awarded reasonable attorneys’ fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings unless the arbitrator for good cause determines otherwise.

All arbitrations shall proceed on an individual basis. You agree that you may bring claims against the Company in arbitration only in your individual capacities and in so doing you hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind.

13. TERM AND TERMINATION

The Company may suspend or terminate your access or rights to use the Services at any time for any breach of the terms of this ToS. Upon termination of your access or rights to use the Services, your right to access and use the Services will immediately cease. The Company will not have any liability whatsoever to you for any suspension or termination of your rights under this ToS, including for termination of your Account. If you have registered for an account, you may terminate this ToS at any time by contacting the Company and requesting termination.

Upon termination of this ToS, any provisions that by their nature should survive termination shall remain in full force and effect. This includes, without limitation, ownership of intellectual property provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party.

14. TOKEN PURCHASE AGREEMENT

Once a user purchases a real estate token on our platform, a Token Purchase Agreement will be automatically formed and uploaded to their account. The user agrees to be bound by the terms and conditions of the Token Purchase Agreement upon purchasing the real estate token. It is the user’s responsibility to review and understand the terms of the Token Purchase Agreement before making a purchase. The platform will not be liable for any losses or damages incurred by the user due to their failure to review and understand the terms of the Token Purchase Agreement.

15. MISCELLANEOUS

15.1. Severability

If any term or provision of these ToS is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these ToS or invalidate or render unenforceable such term or provision in any other jurisdiction.

15.2. Headings

Headings and titles of sections, clauses, and parts in these ToS are for convenience only. Such headings and titles shall not affect the meaning of any provisions of these ToS.

15.3. Assignment

You shall not assign or delegate any of your rights or obligations under these ToS without the prior written consent of the Company. Any purported assignment or delegation in violation of this section shall be deemed null and void. No assignment or delegation shall relieve you of any of your obligations hereunder. The Company may freely assign or delegate its rights and obligations under these ToS at any time. Subject to the limits on assignment stated above, these ToS will insure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns.