TERMS OF USE
Last Updated: April 2025
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF
CLASS ACTION RIGHTS AS DETAILED IN SECTION 11. PLEASE READ THE AGREEMENT CAREFULLY.
CIPHERZERO LABS PTE. LTD. (“Cipherzero Labs,”
“we,” “us,” or
“our”) is a software development company that builds
virtual worlds and the infrastructure that makes them possible,
Cipherzero Labs hosts a top-level domain website www.fishwar.io and
mobile application “Fishwar”, that serves information regarding
Cipherzero Labs and our products, (the “Sites”), which
include text, images, audio, code, and other materials or third party information.
These Terms of Use (the “Terms,”
“Terms of Use” or “Agreement”) contain the terms and conditions that govern your access to and use of
the Site and Services (as defined below) provided by us and is an agreement between us and you or the entity you
represent (“you” or “your”).
Please read these Terms of Use carefully before using the Site or Services. By using the Site, or
clicking a button or checkbox to accept or agree to these Terms where that option is made available or, completing
an order form for Services, or, if earlier, using or otherwise accessing the Services (the “Effective Date”), you (1) accept and agree to these Terms and any
additional terms, rules and conditions of participation issued by Cipherzero Labs from time to time and. If you do
not agree to the Terms, then you may not access or use the Services.
You represent to us that you are lawfully able to enter into contracts. If you are
entering into this Agreement for an entity, such as the company you work for, you represent to us that you have
legal authority to bind that entity.
In addition, you represent to us that you and your financial institutions, or any
party that owns or controls you or your financial institutions, are (1) not subject to sanctions or otherwise
designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by
the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and
Foreign
Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the
U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority
and (2) not located in any country to which the United States has embargoed goods or has otherwise applied any
sanctions.
- The Services.
- Generally. You may access and use the Services in accordance with this
Agreement. You agree to comply with the terms of this Agreement and all laws, rules, and regulations applicable
to your use of the Service Offerings.
- Offerings and Access. Cipherzero Labs offers a number of products (each a
“Service”) under the Cipherzero Labs brand or brands owned by
us. These include Fishwar.io, Dao Fishwar, and others.
Services are accessed through the Site unless otherwise agreed in writing or otherwise offered.
Some Services may require you to create an Account, enter a valid form of payment, and select a paid plan (a
“Plan”), or initiate an Order for a Plan or
Service.
- Third-Party Content. In certain Services, Third-Party Content may be
used by you at your election. Third-Party Content is governed by this Agreement and, if applicable, separate
terms and conditions accompanying such Third-Party Content, which terms and conditions may include separate fees
and charges.
- Third-Party Services. When you use our Services, you may also be using
the services of one or more third parties. Your use of these third-party services may be subject to the separate
policies, terms of use, and fees of these third parties.
- Changes.
- To the Services. We may change or discontinue any or all of the Services
or change or remove functionality of any or all of the Services from time to time. For any discontinuation of or
material change to a Service, we will use commercially reasonable efforts to continue supporting the previous
version of the Service for three months after the change or discontinuation (except if doing so (a) would pose a
security or intellectual property issue, (b) is economically or technically burdensome, or (c) would cause us to
violate the law or requests of governmental entities).
- To this Agreement. We reserve the right, at our sole discretion, to
modify or replace any part of this Agreement (including any Policies) at any time. It is your responsibility to
check this Agreement periodically for changes. Your continued use of or access to the Services following the
posting of any changes to this Agreement constitutes acceptance of those changes.
- Your Responsibilities.
- Your Accounts. Except to the extent caused by our breach of this
Agreement, (a) you are responsible for all activities that occur under your Account, regardless of whether the
activities are authorized by you or undertaken by you, your employees, or a third party (including your
contractors, Agents or End Users), and (b) we and our affiliates are not responsible for unauthorized access to
your Account.
- Your Use. You will ensure that Your Use of the Services does not violate
any applicable law. You are solely responsible for Your Use of the Services.
- Your Security and Backup. You are responsible for properly configuring
and using the Services and otherwise taking appropriate action to secure, protect, and backup your Accounts and
Your Content in a manner that will provide appropriate security and protection, which might include use of
encryption.
- Log-In Credentials and Account Keys. To the extent we provide you with
log-in credentials and API authentication generated by the Services, such log-in credentials and API
authentication are for your internal use only and you will not sell, transfer or sublicense them to any other
entity or person, except that you may disclose your private key to your agents and subcontractors performing
work on your behalf.
- Fees and Payment.
- Publicly Available Services. Some Services, including paid Services up
to a certain use threshold, may be offered to the public and licensed on a royalty free basis.
- Taxes. Each party will be responsible, as required under applicable
law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest,
and other additions thereto) that are imposed on that party upon or with respect to the transactions and
payments under this Agreement. All Fees payable by you are exclusive taxes unless otherwise noted. We reserve
the right to withhold taxes where required.
- Temporary Suspension; Limiting API Requests.
- Generally. We may suspend Your right to access or use any portion or all
of the Services immediately upon notice to you if we determine:
- your use of the Services (i) poses a security risk to the Services or
any third party, (ii) could adversely impact our systems, the Services or the systems of any other user, (iii)
could subject us, our affiliates, or any third party to liability, or (iv) could be fraudulent;
- you are, or any End User is, in breach of this Agreement;
- for entities, you have ceased to operate in the ordinary course, made
an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any
bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
5.3 Limiting API Requests. If applicable to a particular Service, we retain sole discretion to
limit your usage of the Services (including without limitation by limiting the number of API requests you may
submit (“API Requests”)) at any time if your usage of
the Services exceeds the applicable Threshold for your Selected Service.
- Term; Termination.
- Term. The term of this Agreement will commence on the Effective Date and
will remain in effect until terminated under this Section 6. Any notice of termination of this Agreement by
either party to the other must include a Termination Date that complies with the notice periods in Section
6.2.
- Termination.
- Termination for Convenience. You may terminate this Agreement for any
reason by, in the case of Plan’s not requiring an Account, ceasing use of the service.
- Termination for Cause.
- By Either Party. Either party may terminate this Agreement for cause if
the other party is in material breach of this Agreement and the material breach remains uncured for a period of
30 days from receipt of notice by the other party.
- By Us. We may also terminate this Agreement immediately upon notice to
you (A) for cause if we have the right to suspend under Section 5, (B) if our relationship with a third-party
partner who provides software or other technology we use to provide the Services expires, terminates or requires
us to change the way we provide the software or other technology as part of the Services, or (C) in order to
comply with the law or requests of governmental entities.
- Effect of Termination. Upon the Termination Date:
- all your rights under this Agreement immediately terminate;
- each party remains responsible for all fees and charges it has incurred
through the Termination
Date and are responsible for any fees and charges it incurs during the
post-termination period;
- Sections 3, 4, 6.3, 7 (except the license granted to you in Section
7.2), 8, 9, 10, 11 and 14 will continue to apply in accordance with their terms.
For any use of the Services after the Termination Date, the terms of this Agreement
will again apply.
- Proprietary Rights.
- Your Content. Depending on the Service, you may share Content with us.
Except as provided in this Section 7, we obtain no rights under this Agreement from you (or your licensors) to
Your Content. You consent to our use of Your Content to provide the Services to you.
- Service Offerings License. We or our licensors own all right, title,
and interest in and to the
- Services, and all related technology and intellectual property rights.
Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable,
non-transferable license to do the following: (a) access and use the Services solely in accordance with this
Agreement; and (b) copy and use Our Content solely in connection with your permitted use of the Services. Except
as provided in this Section 7.2, you obtain no rights under this Agreement from us, our affiliates or our
licensors to the Service Offerings, including any related intellectual property rights. Some of Our Content and
Third-Party Content may be provided to you under a separate open-source license. In the event of a conflict
between this Agreement and any separate license, the separate license will prevail with respect to Our Content
or Third-Party Content that is the subject of such separate license.
- License Restrictions. Neither you nor any End User will use the Services
in any manner or for any purpose other than as expressly permitted by this Agreement. Except as expressly
authorized, neither you nor any End User will, or will attempt to (a) modify, distribute, alter, tamper with,
repair, or otherwise create derivative works of any Content included in the Services (except to the extent
Content included in the Services is provided to you under a separate license that expressly permits the creation
of derivative works), (b) reverse engineer, disassemble, or decompile the Services or apply any other process or
procedure to derive the source code of any software included in the Services (except to the extent applicable
law doesn’t allow this restriction), (c) access or use the Services in a way intended to avoid incurring
fees or exceeding usage limits or quotas, (d) use scraping techniques to mine or otherwise scrape data except as
permitted by a Plan, or (e) resell or sublicense the Services unless otherwise agreed in writing. You will not
use Our Marks unless you obtain our prior written consent. You will not misrepresent or embellish the
relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or
contribute to you or your business endeavors). You will not imply any relationship or affiliation between us and
you except as expressly permitted by this Agreement.
- Suggestions. If you provide any Suggestions to us or our affiliates, we
and our affiliates will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to
us all right, title, and interest in and to the Suggestions and agree to provide us any assistance we require to
document, perfect, and maintain our rights in the Suggestions.
- Indemnification.
- General.
- You will defend, indemnify, and hold harmless us, our affiliates and
licensors, and each of their respective employees, officers, directors, and representatives from and against any
Losses arising out of or relating to any claim concerning: (a) breach of this Agreement or violation of
applicable law by you; and (b) a dispute between you and any of your customers or users. You will reimburse us
for reasonable attorneys’ fees and expenses, associated with claims described in (a) and (b) above.
- We will defend, indemnify, and hold harmless you and your employees,
officers, directors, and representatives from and against any Losses arising out of or relating to any claim
concerning our material and intentional breach of this Agreement. We will reimburse you for reasonable
attorneys’ fees and expenses associated with the claims described in this paragraph.
- Intellectual Property.
- Subject to the limitations in this Section 8, you will defend
Cipherzero Labs, its affiliates, and their respective employees, officers, and directors against any third-party
claim alleging that any of Your Content infringes or misappropriates that third party’s intellectual
property rights, and will pay the amount of any adverse final judgment or settlement.
- Subject to the limitations in this Section 8, we will defend you and
your employees, officers, and directors against any third-party claim alleging that the Services infringe or
misappropriate that third party’s intellectual property rights, and will pay the amount of any adverse
final judgment or settlement.
- Neither party will have obligations or liability under this Section
8.2 arising from infringement by your combinations of the Services with any other product, service, software,
data, content or method. In addition, we will have no obligations or liability arising from your use of the
Services after we have notified you to discontinue such use. The remedies provided in this Section 8.2 are the
sole and exclusive remedies for any third-party claims of infringement or misappropriation of intellectual
property rights by the Services or by Your Content.
- Process. In no event will a party agree to any settlement of any claim
that involves any commitment, other than the payment of money, without the written consent of the other
party.
- Disclaimers; Risk.
- DISCLAIMER. THE SERVICE OFFERINGS ARE PROVIDED “AS IS.”
EXCEPT TO THE
EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS
APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR
AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE
REGARDING THE SERVICE OFFERINGS OR THE THIRD-PARTY CONTENT, AND (B)
DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS
WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING
OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICE
OFFERINGS OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL
COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.
9.2 RISKS. OUR SERVICES RELY ON EMERGING TECHNOLOGIES, SUCH AS RONIN
NETWORK. SOME SERVICES ARE SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF
THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY. BY USING THE SERVICES YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE
HEIGHTENED RISKS.
- Limitations of Liability.
- Limitation of Liability. WITH THE EXCEPTION OF CLAIMS RELATING TO
ABREACH OF OUR PROPRIETARY RIGHTS AS GOVERNED BY SECTION 7 AND INTELLECTUAL PROPERTY CLAIMS AS GOVERNED BY
SECTION 8, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING
OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER FOR THE SERVICES GIVING RISE
TO THE LIABILITY IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE, OR, IF NO
FEES HAVE BEEN PAID, $25,000. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND
REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER SECTION 4.
- Exclusion of Consequential and Related Damages. IN NO EVENT WILL
EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOST
PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR
PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A
PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS
AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO
THE EXTENT PROHIBITED BY LAW.
- Binding Arbitration and Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL
RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- Binding Arbitration. Any dispute, claim or controversy (“Claim”) relating in any way to this Agreement, the Site, or your use of
the Services will be resolved by binding arbitration as provided in this Section 11, rather than in court,
except that you may assert claims in small claims court if your claims qualify.
- This agreement and any dispute or claim (including non-contractual
disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed
by and construed in accordance with the laws of Singapore.
- Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS
BASIS.
Unless both you and we agree, no arbitrator or judge may consolidate more than one
person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator
may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary
to provide relief warranted by that party’s individual claim. If a court decides that applicable law
precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that
claim (and only that claim) must be severed from the arbitration and may be brought in court. If any court or
arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any
reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall
be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate
disputes.
- 30-Day Right to Opt Out. You have the right to opt-out and not be
bound by the arbitration and class action waiver provisions set forth above by sending written notice of your
decision to opt-out to the following address: via email at legal@fishwar.io with subject line LEGAL OPT OUT. The
notice must be sent within 30 days of you first signed this agreement, otherwise, you shall be bound to
arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration
provisions, we will also not be bound by them.
- Miscellaneous.
- Assignment. You will not assign or otherwise transfer this Agreement
or any of your rights and obligations under this Agreement, without our prior written consent. Any assignment or
transfer in violation of this Section 12.1 will be void. We may assign this Agreement without your consent (a)
in connection with a merger, acquisition or sale of all or substantially all of our assets, or (b) to any
Affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed
substituted for us as a party to this Agreement and we are fully released from all of our obligations and duties
to perform under this Agreement. Subject to the foregoing, this Agreement will be binding upon, and inure to the
benefit of the parties and their respective permitted successors and assigns.
- Entire Agreement and Modifications. This Agreement incorporates the
Policies by reference and is the entire agreement between you and us regarding the subject matter of this
Agreement. If the terms of this document are inconsistent with the terms contained in any Policy, the terms
contained in this document will control. Any modification to the terms of this Agreement may only be made in
writing.
- Force Majeure. Neither party nor their respective affiliates will be
liable for any delay or failure to perform any obligation under this Agreement where the delay or failure
results from any cause beyond such party’s reasonable control, including but not limited to acts of God,
utilities or other telecommunications failures, cyberattacks, earthquake, storms or other elements of nature,
pandemics, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
- Export and Sanctions Compliance. In connection with this Agreement,
you will comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control
laws and regulations, including all such laws and regulations that may apply. For clarity, you are solely
responsible for compliance related to the manner in which you choose to use the Services. You may not use any
Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the
governments of the country where you are using the Service.
- Independent Contractors; Non-Exclusive Rights. We and you are
independent contractors,and this Agreement will not be construed to create a partnership, joint venture, agency,
or employment relationship. Neither party, nor any of their respective affiliates, is an agent of the other for
any purpose or has the authority to bind the other. Both parties reserve the right (a) to develop or have
developed for it products, services, concepts, systems, or techniques that are similar to or compete with the
products, services, concepts, systems, or techniques developed or contemplated by the other party, and (b) to
assist third party developers or systems integrators who may offer products or services which compete with the
other party’s products or services.
- Eligibility. If you are under the age of majority in your jurisdiction
of residence, you may use the Site or Services only with the consent of or under the supervision of your parent
or legal guardian.
NOTICE TO PARENTS AND GUARDIANS: By granting your minor permission to access the Site
or Services, you agree to these Terms of Use on behalf of your minor. You are responsible for exercising
supervision over your minor’s online activities. If you do not agree to these Terms of Use, do not let your
minor use the Site or Services.
- Language. All communications and notices made or given pursuant to
this Agreement must be in the English language. If we provide a translation of the English language version of
this Agreement, the English language version of the Agreement will control if there is any conflict.
- Notice.
- To You. We may provide any notice to you under this Agreement by: (i)
posting a notice on the Site; or (ii) sending a message to the email address then associated with your Account.
Notices we provide by posting on the Site will be effective upon posting and notices we provide by email will be
effective when we send the email. It is your responsibility to keep your email address current. You will be
deemed to have received any email sent to the email address then associated with your account when we send the
email, whether or not you actually receive the email.
- To Us. To give us notice under this Agreement, you must contact us by
email at legal@fishwar.com
- No Third-Party Beneficiaries. Except as otherwise set forth herein,
this Agreement does not create any third-party beneficiary rights in any individual or entity that is not a
party to this Agreement.
- No Waivers. The failure by us to enforce any provision of this
Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such
provision at a later time. All waivers by us must be in writing to be effective.
- Severability. If any portion of this Agreement is held to be invalid
or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or
unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is
not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the
Agreement will remain in full force and effect.
- Notice and Procedure for Making Claims of Copyright Infringement. If
you are a copyright owner or agent of the owner, and you believe that your copyright or the copyright of a
person on whose behalf you are authorized to act has been infringed, please provide us notice at the email
address below with the following information:
- an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property
that you claim has been infringed;
- a description of where the material that you claim is infringing is
located on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property owner’s behalf.
You can reach us at:
Email: legal@fishwar.io
13. Definitions.
“Acceptable Use Policy” means the
policy set forth below, as it may be updated by us from time to time. You agree not to, and not to allow third
parties to, use the Services:
- to violate, or encourage the violation of, the legal rights of others
(for example, this may include allowing End Users to infringe or misappropriate the intellectual property rights
of others in violation of the Digital Millennium Copyright Act);
- to engage in, promote or encourage any illegal or harmful activity or
infringing, offensive or harmful content;
- for any unlawful, invasive, infringing, defamatory or fraudulent
purpose (for example, this may include phishing, creating a pyramid scheme or mirroring a website);
- to intentionally distribute viruses, worms, Trojan horses, corrupted
files, hoaxes, or other items of a destructive or deceptive nature;
- to interfere with the use of the Services, or the equipment used to
provide the Services, by customers, authorized resellers, or other authorized users;
- to disable, interfere with or circumvent any aspect of the Services
(for example, any thresholds or limits);
- to generate, distribute, publish or facilitate unsolicited mass email,
promotions, advertising or other solicitation; or
- to use the Services, or any interfaces provided with the Services, to
access any other product or service in a manner that violates the terms of service of such other product or
service.
“Account Information” means
information about you that you provide to us in connection with the creation or administration of your Account.
For example, Account Information includes names, usernames, phone numbers, email addresses and billing information
associated with your Account.
“API” means an application program
interface.
“API Request” has the meaning set
forth in Section 5.3.
“Content” means software (including
machine images), data, text, audio, video or images and any documentation we offer for the Services.
“End User” means any individual or
entity that directly or indirectly through another user: (a) accesses or uses Your Content; or (b) otherwise
accesses or uses the Service Offerings under your account.
“Losses” means any claims, damages,
losses, liabilities, costs, and expenses (including reasonable attorneys’ fees).’
“Our Marks” means any trademarks,
service marks, service or trade names, logos, and other designations of Cipherzero Labs PTE. LTD and their
affiliates or licensors that we may make available to you in connection with this Agreement.
“Order” means an order for the
Products or Services executed through an order form directly with Cipherzero Labs, or through a cloud vendor, such
as Amazon Web Services, Microsoft Azure, or Google Cloud.
“Policies” means this Agreement, the
Acceptable Use Policy, Privacy Policy, any supplemental policies or addendums applicable to any Service as
provided to you, and any other policy or terms referenced in or incorporated into this Agreement, each as may be
updated by us from time to time.
“Service” means each of the services,
including Fishwar.io, Dao Fishwar, and others., or any other features, tools, materials, or services offered from
time to time, including our network infrastructure, by us or our affiliates.
“Service Offerings” means the Services
(including associated APIs), Our Content, Our Marks, and any other product or service provided by us under this
Agreement. Service Offerings do not include Third-Party Content or Third-Party Services.
“Suggestions” means all suggested
improvements to the Service Offerings that you provide to us.
“Term” means the term of this
Agreement described in Section 6.1.
“Termination Date” means the effective
date of termination provided in accordance with Section 6, in a notice from one party to the other.
“Third-Party Content” means Content
made available to you by any third party on the Site or in conjunction with the Services.
“Your Content” means Content that you
or any End User transfers to us for processing, storage or hosting by the Services in connection with Account and
any computational results that you or any End User derive from the foregoing through their use of the Services.
Your Content does not include Account Information.