Shielded Expedition: Terms and Conditions

UPDATED 2023-12-15

1. Introduction

The Anoma Foundation, with its registered seat in Zug, Switzerland (“Foundation”), has the purpose of promoting and developing new technologies, solutions, and applications within the scope of the Namada protocol (“Protocol”), including the native token of the Namada network (“NAM”). The Namada Protocol aims to enable a blockchain-based, decentralized proof-of-stake network, which provides a decentralized coordination mechanism and execution mechanism with which participants (“Participant(s)”) can interact (“Network”). The Foundation will publish a genesis block for the testnet of the Network (“Testnet”) which is intended to be launched in January 2024.

These terms and conditions (“Terms”) govern the access and use of the Testnet and the related testing incentive program referred to as “shielded expedition” ("Shielded Expedition” or “Testnet Program") of the Foundation.

2. Accepting the Terms

By using the Testnet and/or participating in the Testnet Program, the Participant accepts and agrees to be bound by these Terms and all the terms incorporated herein by reference.

The Foundation reserves the right to change or modify these Terms at any time in its own and sole discretion. All changes are effective immediately when communicated on the website or other channels chosen by the Foundation.

Participants cannot use the Testnet and/or participate in the Testnet Program if they disagree with these Terms.

3. Registration to Testnet Program

The Testnet Program is launched to incentivise testing and use of the Testnet with the aim to improve the operational experience, security, and design of the Protocol and to detect and eliminate potential weaknesses prior to mainnet launch of the Protocol.

Participants have to register to participate in the Testnet Program. If the Participants meet all of the eligibility criteria (see Section 4 below), the Foundation will select the Participants for the Testnet Program at its sole discretion based on criteria as determined by the Foundation. By applying or registering, there is no promise or guarantee for the participation in the Testnet Program.

The Foundation reserves the right to block the access of any Participant to the Testnet Program at any time, in its sole discretion. The Foundation may terminate the participation in the Testnet Program, or the right to participate in the Testnet Program, at any time, in its sole discretion.

4.Testnet Program

The Testnet Program is a program that allows eligible Participants who contribute and are active in the Testnet of the Namada Protocol, to receive certain rewards as further specified by the Foundation from time to time and at the Foundations full discretion. Principally, the Foundation intends to allocate Testnet Token to Participants if the Participants perform certain tasks as determined from time to time by the Foundation or its affiliates (“Qualifying Tasks”). Participants choose to participate as “Pilots” (“Validators”) or “Crew Members” (“Users”). In the competition, Participants race against each other to complete tasks related to the areas and features of the Protocol below.

The Qualifying Tasks, with the specifics as communicated from time to time by the Foundation, to participate in the Testnet Program of the Foundation are:

Genesis
Consensus
Keys
Proof-of-stake
Transparent transactions
Governance
Public Goods Funding
IBC
MASP
Security
Storage
Developer ecosystem
Specifications and documentation

The eligibility of a Participant to participate in the Testnet Program and receive Testnet Tokens is subject to the sole discretion of the Foundation. The Foundation may change the Qualifying Tasks to participate in the Testnet Program at any time. A Participant may not receive any Testnet Tokens even if the Participant performed certain and/or all Qualifying Tasks. This is at the sole discretion of the Foundation.

Notwithstanding any other information provided by the Foundation regarding the Testnet (including on its website, blog posts or through other communications such as forums, Telegram, Discord, or other channels), the Foundation may in its discretion change or modify the amounts or types of rewards and/or discontinue, or terminate, temporarily or permanently, all or any part of the Testnet Program at any time and without notice and the Foundation may remove or reallocate any reward allocated to a Participant or elect not to provide any reward to any Participant.

The Foundation reserves the right to request information about, review and investigate all Testnet activities, and to disqualify Participants if it believes a Participant has engaged in any activity that is abusive, fraudulent, in bad faith or otherwise fails to meet the Testnet standards and requirements. If a Participant violates any of the terms and conditions of these Terms (as determined solely by the Foundation), if the Participant has engaged in any activity that is abusive, fraudulent, in bad faith, or if the Participant do not complete the necessary information or fails to provide accurate information, then the Participant will not be eligible to participate in the Testnet Program, and the Foundation may require the Participant to promptly return any received rewards.

5. Testnet Tokens

The Participants may accumulate “Testnet tokens” while using the Testnet (“Testnet Tokens” or “NAAN”). Testnet Tokens have no monetary value and do not constitute any currency or property of any type and are not redeemable, refundable, or eligible for any fiat or virtual currency or anything else of value.

6. Updates, Monitoring of the Testnet

The Foundation may make any improvement, modifications or updates to the Testnet, including but not limited to changes and updates to the underlying software, infrastructure, security protocols, technical configurations or service features (“Updates”) from time to time. The continued access and use of the Testnet of the Participants are subject to such Updates and the Participants shall accept any patches, system upgrades, bug fixes, feature modifications, or other maintenance work that arise out of such Updates. The Foundation is not liable for any failure by the Participants to accept and use such Updates in the manner specified or required by the Foundation. Although the Foundation is not obligated to monitor access to or participation in the Testnet, it has the right to do so to ensure compliance with these Terms and to comply with the applicable laws or other legal requirements.

7. General Provisions

No claim against Foundation: Any tokens received by a Participant under these Terms as part of the Testnet Program are a donation by the Foundation. However, neither do these Terms constitute nor does the participation trigger any kind of binding obligation of the Foundation to execute a particular donation to the Participant. Participants do not have any right and/or claim against the Foundation to receive any tokens or other rewards.

Cease of the Testnet Program / Ban of Participants: The Foundation reserves the right, at its sole discretion, to stop the Testnet Program at any time and/or ban a Participant from participating in the Testnet Program, in particular (but without limitation), in case of any abusive behavior.

Intellectual Property: The Foundation grants an eligible Participants according to these Terms a non-exclusive, limited, revocable, terminable, personal, non-assignable license under the intellectual property rights of the Foundation to use any information, tools or services that the Foundation or affiliates provide to the Participants solely for the purpose of participating in the Testnet, in strict accordance with these Terms, without any right to grant sublicenses. Such license shall automatically expire upon the termination of the participation of the Participant in the Testnet. Except as set forth in the immediately preceding sentence, all right, title, and interest in and to the Testnet and the Protocol (and all elements thereof), including all modifications, improvements, and enhancements made thereto, and all proprietary rights therein, shall be and remain the Foundation’s sole and exclusive property. The Foundation reserves all rights not expressly granted in this paragraph.

The Foundation welcomes feedback, comments and suggestions for improvements to the Testnet and related technologies of the Protocol (“Feedback”). The Participant agrees that the submission of any Feedback will be made on a strictly non-confidential basis, and that the Foundation will be free to use or disclose any Feedback in any way, for any purpose. The Participant grants to the Foundation an exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that the Participant owns or controls to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose, in any form, format, media or media channels now known or later developed or discovered. The Participant represents and warrants that neither the submission of any Feedback to the Foundation, nor the commercialization or exploitation of that Feedback in any way, will violate any intellectual property, proprietary or other rights of any person.

8. Prohibited Activities

Any Participant will not (in each case except as otherwise contemplated as part of these Terms):

Initiate any attacks that violate third party service provider’s rules or policies;
Unless as expressly requested by the Foundation as part of a security or similar challenge, disrupt or initiate any attacks against users of the Testnet;
Disrupt, compromise, or otherwise damage data or property owned by other parties;
Access any accounts or data other than the Participant’s own (or those for which they have explicit, permission from their owners);
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, creating, encouraging or implementing Sibyl attacks;
Participate in the Testnet from a jurisdiction other than the jurisdiction of the Participant’s residence; and
Encourage or enable any other individual or entity to do any of the foregoing or otherwise violate these Terms.

9. Representation and Warranties of the Participants

Participants represents and warrants that their participation in the Testnet and any receipt of tokens within the Testnet Program is at all times compliant with applicable law and regulations in their jurisdiction (in particular, in the respective country of citizenship, residency or domicile), and that the Foundation will not accept any liability for any illegal or unauthorized use of tokens. In case of any change in legislation in the Participants jurisdiction leading to the participation in the Testnet and/or receipt and/or use of or the tokens becoming illegal, the Participant agrees to cease to participate in the Testnet and/or using the tokens immediately and absorb any possible damages and losses arising out of the same.

Furthermore, the Participant represents and warrants to the Foundation the following, and acknowledges that the Foundation is relying on these representations and warranties:

Participant has the full right, power and authority to participate in the Testnet Program and accept these Terms;
Participant owns, or has secured all rights (including intellectual property rights), consents, clearances and approvals necessary to be able to grant the rights granted hereunder;
Participant is not listed, or associated with any person or entity listed, on any of the US Department of Commerce’s Denied Persons or Entity List, the US Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, the US Department of State’s Debarred Parties List, the EU Consolidated List of Persons, Groups and Entities Subject to EU Financial Sanctions, or the Swiss State Secretariat for Economic Affairs (SECO) Overall List of Sanctioned Individuals, Entities and Organizations, and neither the Participant nor any of its affiliates, officers or directors is a resident of a country or territory that has been designated as non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization, such as the Financial Action Task Force on money laundering;
Participant confirms not to be resident of, citizen of or located in a geographic area that is subject to UN-, US-, EU-, Swiss or any other sovereign country sanctions or embargoes and is not participating the Testnet Program from one of the countries embargoed or restricted by the SECO, including, but not limited to: Belarus, Burundi, Central African Republic, Congo, DPRK (North Korea), Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Lebanon, Libya, Mali, Myanmar (Burma), Nicaragua, Republic of South Sudan, Russia, Somalia, Sudan, Syria, Ukraine, Venezuela, Yemen, or Zimbabwe (“Prohibited Jurisdictions”);
PARTICIPANT HEREBY WAIVES THE RIGHT TO PARTICIPATE IN ANY CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST ANY ENTITY OR INDIVIDUAL INVOLVED IN THE TESTNET PROGRAM OF THE FOUNDATION;
Participant understands and accepts that it has not relied on any representations or warranties made by the Foundation or any other person outside of those made in these Terms, including but not limited to, conversations of any kind, whether through oral or electronic communication, or any presentation, technical paper, whitepaper, social media content or website posting;
Participant is of legal age in the jurisdiction applicable to him and that he has the right, authority and capacity to enter into these Terms;
Participant understands and accepts that no public market now exists for any tokens received from the Testnet Program, and the Foundation has not made any assurances that a public market will ever exist for such tokens;
Participant is a non-U.S. person as defined in Rule 902 (k)(2) of Regulation S under the U.S. Securities Act of 1933. No directed selling efforts (as defined in Rule 902(c) of Regulation S) were made in the United States, and the Participant is not receiving any tokens hereunder for the account or benefit of any U.S. Person(s);
Participant understands that any received tokens from the Testnet Program have not been, and will not be, registered under the U.S. Securities Act of 1933 or any applicable state securities laws in the U.S;
Participant will not use a VPN or other tool to circumvent any geoblock or other restrictions that the Foundation may have implemented for participants in the Testnet Program. Any circumvention or violation will permanently disqualify the respective Participant from participation in the Testnet Program;
Participant has not granted any other party any rights that conflict with the rights granted herein.

10. Wallet

The Participants are responsible for maintaining adequate security and control of any and all IDs, passwords, private keys, public keys, hints, personal identification numbers (PINs), or any other codes that they use to access the Testnet, and the Foundation has no control. In particular, the Foundation has no control over the private keys of the Participant and the use of the wallet is subject to the terms and conditions of the respective third-party wallet provider. The Foundation has no custody or control of the wallets and Participants are solely responsible for the security of their wallet. The Foundation is not responsible for managing and maintaining the security of Participant’s wallets.

Tokens allocated to the Participant’s address can only be accessed with the Participant’s access data and/or private key. The Participant understands and accepts that if its private key or wallet password were lost or stolen, the access to the Participant’s tokens allocated to the Participant’s address would be unrecoverable and would be permanently lost. The Foundation has no control over the Participant’s tokens; therefore, the Participant shall have no recourse to seek any refunds, recovery or replacements from the Foundation in the event that he cannot access the wallet and/or tokens anymore and/or any tokens are lost or stolen.

11. Exclusion of Warranties and Liability of the Foundation

The Testnet is provided “as is” and with all faults and without warranty of any kind. The Foundation has made no promises or guarantees with respect to delivery of any future features or functions. Any discussions of any future features or functions, either prior to or following the agreement to these Terms, are for informational purposes only, and the Foundation has no obligation to provide any such features or functions. The Participants acknowledge that they have not relied on any statement, promise, assurance, or warranty that is not set out in these Terms.

The Participants accept and acknowledge that there are risks associated with participating in Testnet including, but not limited to, the risk of failure of hardware, software and internet connections, the risk of malicious software introduction and security risks. The Participants accept and acknowledge that the Foundation will not be responsible for any losses, failures, disruptions, errors, distortions or delays when participating in the Testnet, however caused. The Foundation will not be responsible or liable to the Participants for any loss and takes no responsibility for and will not be liable for the participation of the Participants in the Testnet.

The Foundation makes no warranty that the Testnet will be available on an uninterrupted, secure, or error-free basis or free of viruses, errors, or defects. The Foundation makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or materials offered in connection with Testnet.

The Participants further understand and agree that:

access to the Testnet may require the use of the personal computer and/or mobile devices, as well as communications with or use of data and storage on such devices. The Participants are responsible for any internet connection or mobile fees and charges that the Participant may incur as part of the voluntary participation in the Testnet.
certain information, including on-chain transaction records, are all public information and can be accessed by anyone, including Participants and non-participants of the Testnet.
security and other blockchain audits undertaken by the Foundation or third parties will access user data and could result in the loss of data or provoke actions from telecommunications and other third-party service providers.

The liability of the Foundation is limited to direct damages arising out of acts of intent and gross negligence. Any liability for indirect damages or consequential damages, including loss of profit, and/or damages arising out of negligent conduct, is excluded.

The Participant hereby expressly agrees that the Foundation and/or its affiliated parties shall not be liable for any damages, losses, including loss of any (future) proﬁts, resulting from the receipt of any token hereunder, regardless of the basis upon which the liability is claimed.

12. Indemnification

Participant agrees to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless the Foundation, and its 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 “Foundation Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interests, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to Participant’s use or misuse of the Testnet and/or tokens or Participant’s violation or breach of these Terms or applicable law, and Participant’s violation of the rights of or obligations to a third-party, including another Participation or third-party, and Participant’s negligence or wilful misconduct. Participant agrees to promptly notify the Foundation of any Claims and cooperate with the Foundation Parties in defending such Claims. Participant further agrees that the Foundation Parties shall have control of the defence or settlement of any Claims. This indemnity is in addition to, and not in lieu of, any other indemnities as set forth in a written agreement between the Participant and the Foundation.

13. Disclaimer

The Foundation and its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents and licensors make no warranty or representation and disclaim all responsibility for whether the program of the Foundation: (a) will meet Participant’s requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe. The Foundation disclaims all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. No advice or information, whether oral or obtained from the Foundation Parties or through the program, will create any warranty or representation not expressly made herein.

The Foundation will not be responsible or liable to Participant for any loss and take no responsibility for, and will not be liable to Participant for any allocated tokens or any losses, damages, or claims arising from: (a) Participant error, incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) unauthorized access or use; (d) any unauthorized third-party activities, including without limitation the use of viruses, phishing or bruteforcing.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. To the extent the Foundation may not, as a matter of applicable law, disclaim any (implied) warranty, the scope and duration of such warranty shall be the minimum permitted by applicable law.

14. Confidentiality

Participants acknowledge that, in connection with the participation in the Testnet, the Participants may be exposed to data and information, including product, technology, business, and strategy information that is confidential and proprietary to the Foundation (“Confidential Information”). All Confidential Information shall be sole and exclusive property of the Foundation and may be used by the Participants only for assisting us in resolving any security issues they have reported to the Foundation. Participants may not reveal, publish, or otherwise disclose the Confidential Information to any third party without the prior written consent of the Foundation, and shall protect the Confidential Information from disclosure using the same degree of care they use to protect their own confidential information of like kind, but in no event using less than reasonable care.

15. Tax Considerations

Participants are solely responsible for determining what, if any, taxes apply to the participation in the Testnet and/or allocated tokens via the Testnet Program. The Foundation is not responsible for determining or paying the taxes that apply to such participation/allocation.

All taxes (including value added tax, if any), duties, levies, assessments and other charges of any kind whatsoever imposed by any government or authority upon the Participant in connection with these Terms shall be borne by and at the expense of the Participant.

16. Relationship of the Parties

The Foundation and the Participant are independent parties. These Terms do not create nor is it intended to create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.

17. Severability

If any provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of the Terms or invalidate or render unenforceable such provision in any other jurisdiction. Upon such determination that any provision is invalid, illegal or unenforceable, the Terms shall be modified to effectuate the original intent of the original provision as closely as possible.

18. Assignment

Participants may not sell, assign or transfer any rights, duties or obligations under these Terms without prior written consent of the Foundation. Any attempt of a Participant to assign or transfer these Terms, without such consent, will be null and void. The Foundation reserves the right to assign or transfer these Terms or any of its rights, duties and obligations hereunder to any third party. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors and permitted assigns.

19. Applicable Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Switzerland without giving effect to any choice or conflict of law provision or rule (whether of Switzerland or any other jurisdiction). The application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded.

Any dispute arising out of or in conjunction with these Terms shall be submitted to the exclusive jurisdiction of the courts of the canton of Zug, Switzerland, although the Foundation retain the right to bring any suit, action, or proceeding against Participant for breach of these Terms in its country of residence or any other relevant country. Participants waive any and all objections to the exercise of jurisdiction by such courts and to the venue in such courts.

20. Privacy Notice

Please see our Privacy Notice for information on how we process personal data.