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TERMS & CONDITIONS OF Gentok.AI AI

Last update: February 20th, 2025

GENERAL PROVISION

  1. The owner of the Platform and all its components is Company company – CoinAxe LTD Maltese company with the seat at the address: St. Julians (STJ 3141), Dragonara Business Centre, 5th floor, Dragonara Road, Malta, registered under no. C94976 in the Malta Business Registry (hereinafter referred to as Company).
  2. In all cases when the Terms and Conditions refer to specific time, the correct time is the Central European Time (CET).
  3. In all cases indicated in the Terms and Conditions as cases when it is required to contact Company (to inform, report etc.) such contact should be made by sending a message to email address: [email protected].

DEFINITIONS

  1. The terms used in the Terms and Conditions and written with a capital letter are given the meaning as indicated below:
    1. Business Days – days from Monday to Friday, excluding public holidays in accordance with applicable law;
    2. Computer – the Device within the meaning of the Terms and Conditions, limited to electronic devices intended for the processing of information (data) presented in a digital form, that is a stationary device or a portable device, with the exception of Mobile Devices or other similar devices;
    3. Community Page – subpage on the Platform dedicated to a specific community;
    4. Content Generator – tool that allows the User to generate content based on a given Prompt;
    5. Credits – points that allow Users who hold specific community tokens to use the Content Generator;
    6. Data Security Policy – the document available at Website;
    7. Platform – platform available at www.Gentok.ai;
    8. Prompt – input which User provide to generate content;
    9. Device – the Computer, the Mobile Device or similar electronic devices with Internet access;
    10. IP address – Internet Protocol Address, identification number of the Device, in particular the Computer, on the Internet or a local network;
    11. Main Page – main page on the Platform where User can generate content;
    12. Metamask – a tool available at https://metamask.io;
    13. Terms and Conditions or T&C – the Terms and Conditions of the Platform;
    14. User – a natural person who connects Wallet with Platform;
    15. Wallets – tool which provides possibility to create blockchain wallet, e.g. Metamask or Wallet Connect;
    16. Wallet Address – address of User’s blockchain wallet connected with the Platform;
    17. WalletConnect – a tool available at http://walletconnect.network/;
    18. Website – website available at www.Gentok.ai.

USER CONNECTION, USER REPRESENTATIONS

  1. Users may access the Platform by signing in with a Wallet Address through available Wallets on the Platform (i.e. MetaMask, WalletConnect). Supported blockchains are visible on the Platform.
  2. The User undertakes to take reasonable security measures that are adequate to the existing threats, in particular by securing the access to her/his Wallets against its unauthorized use, including by properly securing the Devices having access to the Wallets.
  3. The Company reserves the right to suspend or permanently block a Wallet Address that violates the provisions of the Terms and Conditions. The block of given Wallet Address does not release the User from the obligation to redress damage inflicted on Company in the event of breach of the Terms and Conditions.
  4. Suspension refers to a temporary restriction on accessing the Platform, whereas blocking is a permanent measure taken in response to serious violations.

GENERATE THE CONTENT

  1. Users can use the Content Generator if their connected Wallet Address holds the minimum required amount of tokens of the supported community and this community has Credits on the Platform. The minimum amount of token can be different for each community and it will be visible for the User after Wallet Address connection. If User uses Content Generator on the Main Page and has tokens of a few supported communities with credits, credits will be taken randomly from one of the communities. If the User uses the Content Generator on a specific Community Page, credits will be deducted from that community.
  2. Credit for each community can be topped up by User or token issuer.
  3. Users can use Content Generator by entering a Prompt.
  4. Users must ensure that their Prompts and any generated content comply with applicable laws and do not violate intellectual property rights or other regulations. The Content Generator may not be used for the following activities (including but not limited to):
    1. hate speech, discrimination, or incitement to violence;
    2. defamatory, misleading, or false information;
    3. copyrighted, trademarked, or proprietary content unless the User has permission;
    4. generating content that violates privacy or data protection laws;
    5. generate illegal, abusive, or harmful material;
    6. using prompts that generate content violating any person’s rights, including privacy and intellectual property rights;
    7. creating pornographic, child abuse, sexually explicit, or obscene content;
    8. generating racist, discriminatory, or hateful content targeting individuals or groups;
    9. producing content that promotes terrorism, violence, or illegal activities;
    10. engaging in any activity that exploits minors or vulnerable individuals;
    11. generating deepfakes or misleading content with the intent to deceive or defraud others;
    12. using the Platform for political manipulation, misinformation, or disinformation campaigns;
    13. violating any laws, including but not limited to digital rights, intellectual property rights, and data protection regulations or
    14. any other activities which can violate any laws, regulations or violate any rights of any person.
  5. Users are solely responsible for the content they generate and its legal implications. The Company reserves the right to suspend or terminate access to Users violating these provisions.
  6. You accept that you will use the Platform only for your private (non-profit) purposes, and that the following activities or behaviors are not permitted:
    1. using multiple accounts;
    2. connecting external programs (e.g., bots);
    3. exploiting found errors or vulnerabilities in the Platform or its code;
    4. engaging in offensive, xenophobic, racist, or any other behaviors that may be considered inappropriate;
    5. impersonating other users, administrators, partners, etc.;
    6. any other behaviors that may infringe upon the rights of any entities.
  7. The User understands that content generation is facilitated using external LLM models which are powered by artificial intelligence. The Platform will display which model is being used for content generation, and the User agrees to comply with the license requirements of the selected LLM model. LLM model will be indicated in the Platform and Users can see this info before generating content.
  8. The User understands that generated content may contain errors or inaccuracies and should verify it before use.

COMPLAINTS CONCERNING THE FUNCTIONING OF THE APPLICATIONS

  1. Users may submit complaints regarding the functionality of the Platform.
  2. Complaints may be submitted by sending a message to the email address: [email protected].
  3. A complaint should include the Wallet Address associated with the User's Platform account, the User’s email address, full name, nationality, residential address, and a description of the event that is the subject of the complaint. If the data or information provided in a complaint needs to be supplemented, before examining a complaint, Company will ask the User to supplement it in respect of the required scope and by the time indicated.
  4. Complaints will be considered within 14 days from the date of receipt of a properly submitted complaint (containing the required elements and not requiring further information) by Company.
  5. The User will be informed of the outcome of their complaint via a message sent to the email address used for submission.
  6. The Company provides services on an 'as-is' basis, without any express or implied warranties of any kind.

PRIVACY POLICY AND INTELLECTUAL PROPERTY RIGHTS

  1. Data processing takes place in accordance with the Data Security Policy. Before registering, the User should read the Data Security Policy.
  2. Unless explicitly stated otherwise, the Platform is considered as exclusive property of the Company. This includes all source code, databases, functionalities, backend and frontend software, all which contain website designs, audio, video, text, photographs, and graphics found on the Platform (other than content generated by the Users). Additionally, it encompasses the trademarks, service marks, and logos featured on the Platform. These assets are either under our ownership or within Company’s control, or they are licensed to us. You agree that you can’t copy or use any of the above mentioned content.
  3. The Platform is provided 'AS IS' and is intended for informational and personal use only. You may not use the Platform for any business activity. Unless explicitly provided otherwise in these Terms and Conditions, you are not permitted to copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or exploit the Website or Platform, its content, or the marks for any commercial purpose without obtaining our express prior written consent.
  4. If you meet the eligibility requirements to use the Platform, you are granted a limited license to access and use the Platform, including the ability to download or print portions of the content for personal, non-commercial purposes. It is important to note that we retain all rights that are not expressly granted to you concerning the Platform.

RISKS AND LIMITATIONS OF LIABILITY

  1. The User is aware of the risks associated with the use of the Platform and accepts the risks. Specifically, the User is aware of the following:
    1. the innovative nature of the Platform and the resulting possibility of errors in their functioning;
    2. a legislative risk, in particular the possibility of introducing legal regulations that exclude running Platform;
    3. possible abuse by a third party, including hacking into the Platform.
  2. The Company states that the Platform is an innovative solution and as such cannot be covered by the guarantee of proper functioning, including the absence of errors or faults. Specifically, the Company cannot guarantee full compatibility of the Platform with the Devices, including the Computers.
  3. Company is not liable for actions of a third party, in particular, is not liable for damages caused by persons who received access to the User’s Wallet Address as a result of illegal activities or actions of the User himself/herself (improperly securing the Wallet Address data, sharing a password or login, leaving an open access to the Device).
  4. The Company is not responsible for the consequences of using content generated via the Platform. Users acknowledge that they use the Platform at their own risk and understand that the Company has neither responsibility for nor the ability to review generated content before it is provided to Users.
  5. The Company does not actively monitor or review Prompts or generated content and cannot be held responsible for any illegal or unethical use of the Platform by Users.

INDEMNIFICATION

  1. You agree that you shall defend, indemnify, and hold harmless the Company and its affiliates and officers, directors, employees, agents, successors, and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys fees) arising out of or resulting from:
    1. misuse of the Platform;
    2. conduct inconsistent with the T&C, including breach of any provisions of the T&C;
    3. your violation of third party rights, in particular intellectual property rights.

GOVERNING LAW

  1. Except for conflict of law provisions under international law, disputes arising from the conclusion, execution, or termination of the legal relationship between the User and Coinaxe LTD shall be governed by the laws of the Republic of Malta.
  2. In the event that individual provisions of the Terms and Conditions are considered invalid, in particular due to the violation of the legal order of the state whose law is applicable as a result of the application of the conflict of laws rules referred to in Section 1 above, the remaining provisions of the Terms and Conditions shall remain in force, and an invalid provision shall be replaced by a provision consistent with the basic principles and objectives of the Terms and Conditions.
  3. In the event of disputes with the Users, including those concerning the status of consumers, any conflicts should be resolved amicably. The User who is a consumer may request a dispute to be resolved to a permanent arbitral consumer court, to the Provincial Inspector of the Trade Inspection, to the Municipal Consumer Ombudsman or to a social organization whose statutory tasks include consumer protection. Detailed information, contact details and a list of consumer arbitration courts can be found on the website of the Office of Competition and Consumer Protection. At https://ec.europa.eu/consumers/odr there is a platform for online dispute resolution between consumers and entrepreneurs at the EU level (ODR platform) through which the User may submit a complaint. The ODR platform is an interactive and multilingual website with a one stop shop for consumers and entrepreneurs seeking out-of-court dispute resolution. The above mentioned possibilities do not exclude the User’s right to assert his/her rights in court.

AMENDMENT OF THE TERMS AND CONDITIONS

  1. The Company reserves the right to amend the Terms and Conditions at its discretion, particularly in the following cases:
    1. significant technical or organizational reasons, such as the introduction of new technologies or IT systems that impact service delivery;
    2. changes in generally applicable laws affecting the Applications;
    3. the need to adapt the Terms and Conditions in response to court rulings or administrative decisions;
    4. the need to clarify ambiguities that may arise in the Terms and Conditions;
    5. changes to the operation or development of the Platform or its applications, including their components, that impact the provisions of the Terms and Conditions;
    6. the need to clarify the provisions of the Terms and Conditions or any other factual changes that affect the content of the Terms and Conditions.
  2. Amendments to the Terms and Conditions shall not alter the fundamental nature of the agreement for the provision of electronic services or any other agreements between the User and the Company.
  3. The Company shall notify the User of any amendments to the Terms and Conditions at least 14 days before they take effect, via a notification that remains accessible from the date of publication until the amendment's effective date. Company shall publish the updated content of the Terms and Conditions.
  4. An amendment of the Terms and Conditions becomes effective on the date indicated in the notification or announcement, unless the User, within 14 days from receipt of the amended Terms and Conditions, submits a declaration by email ( [email protected]) that he/she does not consent to the amended Terms and Conditions being applicable to him/her. In this case, the User must cease using the Platform. If the User continues to use the Platform, it shall be deemed that they have accepted the revised Terms and Conditions, making them binding.