MOONSHOT
TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE (THESE “TERMS”) CAREFULLY. THESE TERMSGOVERN YOUR ACCESS AND USE OF THE MOONSHOT ARCADE APPLICATION (THE “APP”)OWNED AND OPERATED BY MOONSHOT. YOU ARE ADVISED TO FULLY UNDERSTAND YOUROBLIGATIONS AND RISKS UNDER THESE TERMS BEFORE USING IT. IF YOU HAVE ANYCONCERNS WITH THESE TERMS, PLEASE CONSULT A PROFESSIONAL ADVISOR BEFOREENTERING INTO AND ACCEPTING THESE TERMS.

You will be deemed to have accepted and agreed to these Terms by: (i) registering for an Account onthe App; (ii) accessing and/or using the App, whether such access and/or use is directly via the App orindirectly via third party applications, websites and/or platforms; (iii) agreeing to any otherDocumentation that references and/or incorporates these Terms; and/or (iii) using the App Services inany way. The date you are deemed to have accepted and agreed to these Terms shall be referred toas the “Commencement Date”.

References to “you”, “your” and a “User” shall refer to you as the person who has accepted andagreed to these Terms. If you are entering into these Terms on behalf of a company or other legalentity, you represent and warrant that you have the authority to bind such entity and its relevantAffiliates (as a User) to these Terms. If you do not have such authority, or if you do not agree withthese Terms, you must not accept these Terms and are not permitted to use the App.

These Terms expressly incorporate our privacy policy (accessible at:https://www.themoonshot.xyz/arcade-privacy-policy) (the “Privacy Policy”) and all other policies anddocuments published by us on the App (including any other terms related to the use and access of theApp Services). If you order App Services through our online registration page or an order formprovided by us (whether via the App or otherwise) (each an “Order Form”), the Order Form maycontain additional terms and conditions and information regarding the App Services you are ordering.

These Terms may be changed by us from time to time without any prior notice. You maydetermine if any such changes have taken place by referring to the “Last Updated” date onwhich these Terms were last updated. You are encouraged to check for any updates to theseTerms prior to your use of the App. Your continued use of the App constitutes youracknowledgement and acceptance of these Terms as changed from time to time.

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1. GENERAL DEFINITIONS AND INTERPRETATION

1.1 Definitions

1.2 Interpretation

1. The terms defined in Clause 1.1 and elsewhere in these Terms will have the meanings therein specified for the purpose of these Terms. Any reference to a Clause in these Terms is a reference to a clause of these Terms.
2. Where applicable:
   
   1. “Moonshot” and “we” refers to MOONSHOT STUDIOS PTE. LTD. (UEN No.:202438296W) and/or its related corporations and references to “us” and “our” shall be construed accordingly;
   2. references to the “App” include all related applications and the App Content and the App Services, and references to “using” the App include accessing and using the App Content and the App Services;
   3. references to “Terms” are to these Arcade App Terms of Service, as may be revised, amended or supplemented from time to time, which expression shall where the context so admits, include any one of them; and
   4. the expression “written” or “in writing” means the representation or reproduction of words or symbols or other in-formation in a visible form by any method or combination of methods, whether sent or supplied in electronic form (including but not limited to, electronic mails) or otherwise.
3. In these Terms, any reference to any legal entity or individual person includes, where appropriate, a reference to its authorised agents, delegates, successors or nominees. Expressions in the singular form include the plural and vice versa.
4. No rule of law or interpretation to the effect that an ambiguity in a document is to be construed against the party drafting or preparing a document shall apply in respect of these Terms.
5. Any reference to any law, statute or regulation or enactment shall include references to any statutory modification or re-enactment thereof or to any regulation or order made under such law, statute or enactment (or under such a modification or re-enactment).
6. The headings used in these Terms are for convenience or reference only and are not to affect the construction of or to be taken into consideration in interpreting these Terms.

2. ABILITY TO ACCEPT THESE TERMS

2.1 You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

2.2 You affirm that you are not a citizen of, resident in, located in, incorporated in, owned or controlled by, acting on behalf or for the benefit of any person, or otherwise, in:

1. any country listed on any sanctions list; and
2. any country or territory targeted by any sanctions which are administered, enacted or enforced by a relevant sanctions authority.

2.3 In the event where you are found to be acting in contravention of Clause 2.2, Moonshot reserves the right to remove you from the Event and bar your participation in future Events.

3. ACCOUNT

3.1 Account Creation. To access most features of the App Services, you must create an Account. You can create an Account through one of the following methods:

1. Social Login. Using Single Sign-On (SSO) services like Apple or Google.
2. Email. Using your email address.
3. Connect a Digital Wallet. By connecting your existing Web3 wallet.

3.2 Account Management and Account-Related Information.

1. Each User agrees to provide accurate and complete information and to keep their Account-Related Information up to date.
2. Moonshot stores the following information for your Account:
   
   1. username;
   2. email provided on Account creation;
   3. wallet address of the digital wallet connected to your Account;
   4. country of residence indicated on Account creation;
   5. a unique ID token in respect of each User;
   6. serial numbers of a linked Controller or other relevant Products; and
   7. Account creation timestamps.
3. Each User acknowledges and agrees that they are solely responsible for the security of their passwords, wallet credentials and private keys. Moonshot does not store or manage such information and shall not be responsible for any loss of access, funds or assets as a result of such information being compromised.
4. Moonshot shall not be liable for any refund, compensation or otherwise, in the event of any failure to sign into a User’s Account that is not caused by Moonshot’s wilful misconduct, gross negligence or breach of these Terms, including any error in the details provided by the User on the App.

3.3 User Profiles. Each User acknowledges that their Account profile, including profile pictures and social media handles (including X, Telegram, Discord) provided by the User or used in connection with the User’s Account, may be visible to other Users. Each User may also create public player profiles that may showcase their username, achievements, and guild affiliations

4. APP TERMS OF USE

4.1 Acceptance of App Terms of Use.

Moonshot owns and operates the App. Your use and access of the App is subject to these App Terms of Use. By using and accessing the App, you are deemed to have accepted and agree to be bound by these App Terms of Use. We may make changes to these App Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these App Terms of Use on the App. Your use and access of the App following changes to these App Terms of Use will constitute your acceptance of those changes.

4.2 Access to the App

1. You are responsible for all access to the App using your internet connection, even if the access is by another person.
2. We will use reasonable efforts to ensure that the App is available at all times. However, we cannot guarantee that the App or any individual function or feature of the App will always be available and/or error free. The App may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance on the App.
3. We make no promise that the materials on the App (including any information and/or content on the App) are appropriate or available for use in locations outside Singapore. Accessing the App from territories where its contents are illegal or unlawful is prohibited. If you choose to access the App from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.

4.3 Your use of the App

1. Your permission to use the App is personal to you and non-transferable. Your use of the App is conditional on your compliance with these App Terms of Use.
2. You agree that you will not:
   
   1. use the App for any fraudulent or unlawful purpose or in violation of any local, state, national, or international law;
   2. use the App to share or create any content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable;
   3. use the App to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
   4. impersonate any person or entity, false state or otherwise misrepresent your affiliation with any person or entity in connection with the App or express or imply that we endorse any statement you make;
   5. interfere with or disrupt the operation of the App or the servers or networks used to make the App available or violate any requirements, procedures, policies or regulations of such networks;
   6. transmit or otherwise make available in connection with the App any virus, worm or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
   7. reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the App, including any information of any or all Users obtained through the incidental use of the App;
   8. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the App. If you wish to reverse engineer any part of the App to create an interoperable program, you must contact us and we may provide interface data subject to verification of your identity and other information;
   9. remove any copyright, trade mark or other proprietary rights notice from the App or materials originating from the App;
   10. frame or mirror any part of the App without our express prior written consent;
   11. create a database by systematically downloading and storing any content on the App; and
   12. use any manual or automatic device in any way to gather content on the App or reproduce or circumvent the navigational structure or presentation of the App, except where our express prior written consent has been obtained. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials originating from the App for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
3. We reserve the right to revoke these exceptions either generally or in specific instances.
4. Upon your use of the App, you hereby acknowledge and agree that you will be solely responsible for understanding and complying with all legal obligations (including any employment or recruitment related legal obligations) applicable to you, and you are advised to seek independent legal advice. We will not be responsible for any legal obligations or liabilities that may arise from your use of the App, including such obligations that may relate specifically to your use of the App Services.
5. Without prejudice to the general nature of the foregoing, we reserve the right to revoke any access to the App at any time at our sole discretion, except to the extent otherwise expressly and specifically agreed with you. If we terminate your access to the App you will not have the right to bring claims against us or our Affiliates with respect to such termination. We and our Affiliates shall not be liable for any termination of your access to the App.
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4.4 Links to the App

1. You may create a link to this App, provided that:
   
   1. the link is fair and legal and is not presented in a way that is:
      
      1. misleading or could suggest any type of association, approval or endorsement by us that does not exist; or
      2. harmful to our reputation or the reputation of any of our Affiliates; and
   2. you retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so.
2. We reserve the right to require you to immediately remove any link to the App at any time and you shall immediately comply with any request by us to remove any such link.

4.5 Duration of App Terms of Use.

These App Terms of Use are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the App. If we terminate your access to the App you will not have the right to bring claims against us or our Affiliates with respect to such termination. We and our Affiliates shall not be liable for any termination of your access to the App.

5. MOONSHOT’S APP SERVICES

5.1 Moonshot provides the App Services through and on the App, which includes:

1. access to games, software, and community features which may include but are not limited to:
   
   1. access to the homepage from which Users can manage their profile;
   2. use of and access to the Game Launcher;
   3. connecting a Controller or other relevant Products for use with the App;
   4. managing and customising the settings on a linked Controller or other relevant Products;
   5. use of and access to the Arcade App Store;
   6. use of and access to the Points Shop;
   7. use of and access to the Event Shop;
   8. managing permissions for App communications (including push notifications and marketing emails);
   9. signing up and participation in Events organised by Moonshot and/or the relevant Event Partner(s);
   10. social and community features (including a guild system, leaderboard system, gameplay sharing and User communication); and
   11. such other App Services that Moonshot may approve and make available from time to time;
2. crediting of Rewards in respect of a completed Quest;
3. where required, coordination with third-party service providers for the distribution of Rewards.

5.2 Restricted Territories

1. Moonshot does not permit access to and/or participation in any of the following App Services to Users residing in certain the Restricted Territories:
   
   1. any App Services under Clause 5.1;
   2. payment of any fees under Clause 8;
   3. earning Rewards under Clause 7.3; and
   4. any Quest-related App Services,
   5. (collectively, the “Restricted App Services”) and each User accessing or participating in any of the above App Services hereby represents, warrants and undertakes that they are not citizens or residents of any of the Restricted Territories.
2. For the avoidance of doubt, Users residing in Restricted Territories may continue to create Accounts and access any content on the App other than the Restricted App Services.

6. LICENCE AND PERMISSIONS

Subject always to these Terms, Moonshot grants you a limited, non-exclusive,

6.1 Licence for Use of the App

1. Licence non-transferable, non-sublicensable licence for uses of the App expressly provided for under these Terms (a “Licence”). Any grant of such a Licence is also limited by these Terms applicable for your specific use of the App.
2. Account and Licence An Account is required for the applicable Licence to be granted to you.
3. App Updates Any Licence granted under these Terms applies only to the version of App at the time the Licence is granted. If Moonshot provides an updated version of App, you will be deemed to have accepted the new version of the App through your continued use of the App. Where there are any App Updates, any Licence granted for the use of any older versions will be deemed to have been revoked. You acknowledge and agree that Moonshot has no obligation to make any older versions of the App available at any time.
4. Support
   
   1. Specific Quests may be accompanied by learning resources and materials.
   2. Use of these resources is subject to these Terms. Moonshot may discontinue support for the App at any time.

6.2 Linking of Controllers

1. Bluetooth Permissions The User understands and accepts that the connection of a Controller or other relevant Products to the App requires a Bluetooth connection to a mobile device. By connecting a Controller or other relevant Products, the User is deemed to have given their consent for the Bluetooth usage and connection to the relevant mobile device.
2. Updates The User understands and accepts that there may be App Updates from time to time which may include updates to a Controller’s or any other relevant Product’s firmware. By linking a Controller or other relevant Products to your Account, each User agree to install these App Updates to ensure continued compatibility and functionality.

7. GENERAL RULES RELATING TO APP SERVICES

7.1 Quests.

All Quests may consist of the following information (as applicable):

1. eligibility requirements;
2. a Reward;
3. a description of the activity to be completed by an eligible User;
4. a guide;
5. any particular form of proof required by Moonshot and/or the Event Partner that the User is required to provide in order to complete the Quest; and
6. other information and/or conditions applicable to the Quest.

7.2 Events and Promotions

1. The App Services may feature Events, promotional offers, and other opportunities for you to earn Rewards.
2. These activities may be governed by their own specific terms and conditions, which will be made available to a User prior to participation. By taking part in such an activity, each User agrees to its specific terms, which may include additional rules regarding participation and redemption of prizes.
3. Recurring Events and promotions may be hosted on the App (including season passes, daily draws or log-in bonuses).

7.3 Rewards

1. A User may earn Rewards by:
   
   1. completing Quests;
   2. participating in Events;
   3. performing specific tasks (including performing specific actions such as linking a Controller or other relevant Products to an Account or linking a digital wallet to an Account);
   4. achieve certain milestones on the App or on certain App Games; and
   5. such other activities that Moonshot may approve from time to time.
2. Crediting of Rewards
   
   1. Upon the completion of a Quest, Moonshot will,
      
      1. in respect of Rewards in the form of App Currency or App Benefits, credit the relevant Reward to the User; and
      2. in respect of Rewards which are physical items or issued by an Event Partner and/or a third party service provider, assist with the coordination with such parties for the distribution of Rewards.
   2. Where applicable, Users who are eligible to receive a Reward may be provided with options on the manner in which the Reward will be credited to the User (including the relevant form and denomination of the Reward). In the event where the User does not select a preferred denomination, Moonshot shall credit the Reward to the User in such manner, form and denomination as they deem fit.
   3. Notwithstanding Clause 7.3.2, where Moonshot has discovered any error or bug in the App that may delay the crediting of a Reward, Moonshot reserves the right to notify the affected User in writing of the revised date in which such Reward shall be credited.
   4. For the avoidance of doubt, Moonshot shall retain the sole discretion to halt the crediting of any Reward where Moonshot has reasonable grounds to believe that an error in the App has occurred, or the User has acted in breach of these Terms or the Privacy Policy.
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3. Right to Claw-Back Users acknowledge, agree and accept that certain refund and/or claw-back policies may apply to Quests as communicated by Moonshot from time to time. For the avoidance of doubt, Moonshot reserves the right to claw-back from a User any Rewards, where after the crediting of such Rewards, it was subsequently discovered that the User had breached these Terms or the specific terms applicable to a particular Quest.

7.4 App Currency

The App features a multi-tiered virtual economy. These virtual items have no real-world monetary value and cannot be exchanged for fiat currency.

1. EXP
   
   1. EXP may be earned by completing specific in-app actions, such as achieving in-game or promotional milestones.
   2. EXP is used to determine your User level or rank and may be required to access certain gated Events.
2. Points
   
   1. Points may be earned by completing in-app actions and game milestones or purchased directly via the Arcade Points Store.
   2. Points can be used to redeem items from the Points Shop or to unlock special features on the App.
   3. Points cannot be redeemed for actual fiat money.
3. Event Shards
   
   1. Event Shards may be earned by participating in Events and cannot be purchased on the App.
   2. Event Shards can used to redeem Rewards on the Event Shop (including Event-specific grand draw prizes).
   3. All unused Event Shards associated with an Event will expire and be forfeited when the relevant Event concludes.

7.5 Game Launcher

1. Moonshot lists the games which are compatible with a Controller or other relevant Products on the App (the “App Games”).
2. To display game compatibility, Moonshot may use or reference certain game titles, screenshots, and gameplay recordings that are from publicly accessible APIs, self-recorded, or provided by our partners (“Game Previews”).
3. Each User acknowledges and accepts that:
   
   1. Game Previews are used solely for the purpose of demonstrating compatibility with the App and Controllers or other relevant Products and is not an indication of a partnership with the relevant game.
   2. Upon selecting a game in the Game Launcher, they will be redirected to launch the game if it is installed, or redirected the relevant application store to download the game if it is not installed.
   3. Moonshot will monitor and track a User’s activity on the Game Launcher (including games launched and redirection triggers).

7.6 Social and Community Features

1. Guilds Users can create and join guilds. Members of a guild can view and communicate with other members. Guilds may offer benefits like such as EXP boosts and will have different roles with varying privileges.
2. Game Reels Users may record and share gameplay clips through the App (“Game Reels”). These Game Reels will be visible to other Users, who can like, comment, and share them to other Users. By sharing Game Reels, each User agrees to grant Moonshot a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute such clips within the App Services.
3. Friends and Nudging Users may add other Users as friends and manage their friend list. A User can also “nudge” a friend, which sends a notification to chat or an invite to play a game with such User.
4. Leaderboards The App features global and game-specific leaderboards where Users are ranked. Leaderboard rankings may allow a User to earn badges or Rewards.
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8. FEES AND PAYMENT

8.1 Fees and Payment

1. You may be charged fees in order to use some of the App Services. Such fees may be set out on the App or in the applicable Order Form and shall be paid in accordance with the payment schedule set out in the Order Form. All fees paid are non-cancellable and non-refundable, unless otherwise expressly stated. Moonshot shall bill each applicable User for sales tax, goods and services (“GST”) or value added taxes (“VAT”) (as may be applicable), which may be presented as a separate line item on each invoice or included in the relevant prices. Users are required to pay any use, withholding, or similar taxes (including reverse charge with respect to GST and VAT) or levies, whether domestic or foreign, as may be applicable, other than taxes based on the income of Moonshot.
2. Payment of fees may be made using any of the payment modes offered on the App from time to time. You agree that you will be subject to the applicable terms and conditions issued by the relevant payment service provider (if applicable), and may not claim against Moonshot for any failure, disruption or error in connection with your chosen payment mode. The mode of payment cannot be changed once payment is confirmed.
3. Any late payments pursuant to this Clause 8 may be subject to a late payment charge (up to the maximum amount permissible under applicable law).
4. Payment of fees may be made using any of the payment modes offered on the App from time to time. You agree that you will be subject to the applicable terms and conditions issued by the relevant payment service provider (if applicable), and may not claim against Moonshot for any failure, disruption or error in connection with your chosen payment mode. The mode of payment cannot be changed once payment is confirmed unless otherwise agreed in writing by Moonshot.

9. SUSPENSION OF SERVICE

In addition to any of Moonshot’s other rights or remedies (including but not limited to any termination rights set forth herein), Moonshot reserves the right to suspend a User’s access to the App Services if: (i) such User’s outstanding invoices are 30 days or more overdue; (ii) Moonshot determines such User has carried out a material breach of these Terms; or (iii) Moonshot determines that suspension is necessary to prevent harm or liability to other Users or third parties, or to preserve the security, stability, availability or integrity of the App Services. Moonshot will have no liability for taking action as permitted above in this Clause. However, unless these Terms have been terminated in respect of the User, Moonshot will cooperate with such User to restore access to the App Services once it verifies that the User has resolved the circumstance requiring suspension (in the case of a circumstance that is able to be resolved).

10. USER OBLIGATIONS

10.1 Compliance with Applicable Laws.

Each User represents, warrants and undertakes to Moonshot that they will use the App and the App Services in compliance with all applicable laws and regulations, and will not use the App and the App Services to carry out or facilitate any illegal activity.

10.2 No Fraudulent or Dishonest Activity.

Each User represents, warrants and undertakes to Moonshot that they will not use the App and the App Services in a fraudulent or dishonest manner.

11. DATA PROTECTION

In accordance with the Personal Data Protection Act 2012 and all other applicable data protection laws (as the case may be), the data protection terms relating to processing of Account-Related Information are contained in our Privacy Policy, which can be accessed at https://www.themoonshot.xyz/arcade-privacy-policy. To the extent that there is any conflict between any provision of these Terms and our Privacy Policy, the contents of our Privacy Policy shall prevail in respect of such conflict in so far as the matters of data protection are concerned.

12. OWNERSHIP AND INTELLECTUAL PROPERTY

12.1 Intellectual Property of Moonshot

1. Any use of the App and/or the App Services by you and any information properly given to you, whether relating to you or not, through your use of the App and/or the App Services is granted subject to these Terms and pursuant to a limited, non-exclusive, non-transferable, non-sublicensable licence granted by Moonshot, and is revocable at any time at our sole discretion. Except for these rights expressly granted to you, these Terms do not grant you any rights or licence by implication or otherwise with respect to any of part of the App.
2. The Intellectual Property subsisting in the App (including, for the avoidance of doubt and without limitation, any improvements, updates, upgrades, error-corrections or other modifications thereto, and any derivative work based thereon), belongs to or has been licensed by us unless specifically labelled otherwise (collectively, “Moonshot Technology”). To the extent such Intellectual Property belongs to us, we retain all rights, title and interest to such Intellectual Property.

12.2 Illustrative Content

1. The App may feature content to illustrate the compatibility of the Controller or other relevant Products with various other media or platforms (“Illustrative Content”), including games that are compatible with the Controller or other relevant Products. Examples of Illustrative Content include game titles, images, logos, screenshots, and gameplay recordings. Such Illustrative Content is provided solely to illustrate and demonstrate compatibility with the Controller or other relevant Products, and may be subject to copyright and other Intellectual Property Rights owned by the respective legal owners (such as game developers and publishers). Except where otherwise expressly stated, our provision and use of such Illustrative Content does not imply any endorsement, partnership, or official affiliation with these rights holders. We make no claims to own or have any license to these materials beyond this limited demonstrative use, and we expressly reserve the right to modify or remove any such Illustrative Content at our discretion (including at the request of the relevant rights holders of such Illustrative Content).
2. BY ACCESSING AND USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT THE ILLUSTRATIVE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND UNLESS EXPRESSLY STATED DOES NOT REPRESENT ANY OFFICIAL AFFILIATION, ENDORSEMENT OR PARTNERSHIP WITH THE RELEVANT RIGHTS HOLDERS.

12.3 Feedback

1. Without affecting the general nature of the previous Clauses, you agree that Moonshot shall be the sole and exclusive owner of all rights to any and all feedback provided by you in relation to the App and/or the App Services, and any ideas, inventions and/or improvements (whether protectable by any Intellectual Property protection or not) conceived or derived or resulting from such feedback or embodied therein (collectively, “Feedback”).
2. You hereby irrevocably assign to Moonshot any and all rights that you may have in such Feedback, and to the extent such rights may not be assigned under applicable law, you hereby grant Moonshot a royalty-free, perpetual, worldwide, exclusive, irrevocable licence to use such Feedback for any purpose, including commercial purposes.

12.4 Usage Data

Notwithstanding anything to the contrary herein, the User agrees that Moonshot may obtain and utilise Personal Information and/or technical data about the User’s use of the App Services (“Usage Data”) to analyse, improve, market, support and operate the App Services and otherwise for any business purpose during and after the term of these Terms, provided that Moonshot may only utilise such Personal Information and/or Usage Data, where such utilisation is non-personally identifiable with respect to the User.

12.5 Customer Portfolio and Representation

The User expressly agrees that Moonshot may identify it by name and/or logo (where applicable) as a User of the App on Moonshot’s App and all other promotional materials utilised by Moonshot.

13. THIRD PARTY COMPONENTS

13.1 You acknowledge that parts of the App may include Open Source Software and materials

licensed from third parties (“Third Party Components”) and that such third parties may be third party beneficiaries to these Terms with the ability to directly enforce the provisions pertaining to their Third Party Components. You shall comply with the additional licence erms, restrictions and conditions (including notices) pertaining to Third Party Components or which Moonshot otherwise makes available to you (“Third Party Terms”). Third Party Terms may have additional rights and requirements which apply to the Third Party Components, and these Terms are offered by Moonshot alone and do not limit the rights that may be granted in those Third Party Terms. However, you shall notify Moonshot before attempting to modify any Third Party Components, and our support, warranty and indemnification obligations (if any) do not apply where Third Party Components have been modified.

13.2 If the App contains links to other sites and resources provided by third parties, these links are

provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Moonshot has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

14. TERM AND TERMINATION

14.1 Term

1. These Terms shall take effect from the Commencement Date and carry on until terminated in accordance with these Terms.
2. Moonshot may terminate or suspend all or part of the App Services without prior notice or liability if you breach any of the terms or conditions of the Terms. We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our App Services.
3. Any termination of these Terms shall be without prejudice to any rights or obligations (including in respect of any antecedent breaches) accrued prior to the date of such termination.

14.2 Effect of Termination

Upon termination of any App Services in respect of a User, the User will, in respect of such terminated App Services, immediately cease any and all use of and access to the App Services (including any and all related Moonshot Technology). Moonshot reserves the right to require that the User deletes (or, at Moonshot’s request, returns) any and all copies of App Content, and generally any other confidential information of Moonshot in its possession. Each User acknowledges that following termination it will have no further access to any App Services, and that Moonshot may delete any such User data as may have been stored by Moonshot at any time. Except where an exclusive remedy is specified, the exercise of either party of any remedy under these Terms, including termination, will be without prejudice to any other remedies it may have under these Terms, by law or otherwise.

14.3 Survival

The following Clauses will survive any expiration or termination of these Terms: Clause 8 (Fees and Payment), Clause 9 (Suspension of Service), Clause 11 (Data Protection), Clause 12 (Ownership) and Clause 13 (Term and Termination).

15. LIMITED WARRANTY

15.1 Limited Warranty

1. Moonshot represents and warrants that it has the power to enter into, exercise its rights and perform and comply with its obligations under these Terms, and that its entry into, exercise of its rights and/or performance of or compliance with its obligations under these Terms do not and will not violate, or exceed any power or restriction granted or imposed by (a) any law, regulation, authorisation, directive or order (whether or not having the force of law) to which it is subject, (b) its constitutive documents, where applicable or (c) any agreement to which it is a party or which is binding on it or its assets;
2. Moonshot’s sole liability (and the User’s sole and exclusive remedy) for any breach of the warranty under Clause 15.1.1 will be, at no charge to the User, for Moonshot to use commercially reasonable efforts to correct the reported non-conformity, or if Moonshot determines such remedy to be impracticable, either party may terminate these Terms. The limited warranty set forth in this Clause 15.1 will not apply unless the affected User makes a claim within 30 days of the date on which it first noticed the non-conformity.

16. DISCLAIMERS

16.1 Warranty Disclaimer

1. EXCEPT FOR THE LIMITED WARRANTY IN CLAUSE 15.1, ALL SERVICES AND THE APP ARE PROVIDED “AS IS”. NEITHER MOONSHOT NOR ITS AFFILIATES MAKE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. MOONSHOT DOES NOT WARRANT THAT USERS’ USE OF ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. MOONSHOT WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF MOONSHOT. USERS MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
2. Moonshot reserves the right at all times to change any and all App Content and to modify, suspend or stop providing access to the App (or any features or functionality of the App) and the App Services at any time without notice and without obligation or liability to the Users. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
3. Specific Disclaimers TO THE EXTENT PERMITTED BY LAW, MOONSHOT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR ANY OTHER LOSS OR DAMAGE RESULTING FROM (I) THE TRANSFER OF DATA OVER PUBLIC COMMUNICATIONS NETWORKS AND FACILITIES, INCLUDING THE INTERNET, OR (II) ANY DELAY OR DELIVERY FAILURE ON THE PART OF ANY OTHER SERVICE PROVIDER NOT CONTRACTED BY US, AND THE APP USER ACKNOWLEDGES THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. EACH USER ACKNOWLEDGES THAT MOONSHOT CANNOT GUARANTEE THE ABSOLUTE PREVENTION OF CYBER-ATTACKS SUCH AS HACKING, SPYWARE, AND VIRUSES. ACCORDINGLY, MOONSHOT SHALL NOT BE LIABLE FOR ANY UNAUTHORISED DISCLOSURE, LOSS OR DESTRUCTION OF THE USER’S DATA ARISING FROM SUCH RISKS AS LONG AS SUCH RISK CANNOT BE ATTRIBUTED TO GROSS NEGLIGANCE OR WILFUL MISCONDUCT ON MOONSHOT’S PART.

17. LIMITATION OF REMEDIES AND DAMAGES

17.1 Limitation of Liability

Without prejudice to exclusions and limitations of liability of Moonshot under these Terms, and to the extent permitted by law, in no event will Moonshot or its officers, directors, agents, and employees be liable to the User for consequential, exemplary, incidental, or indirect damages or costs (including legal fees and expenses) or loss of goodwill or profit in connection with the use of the App or these Terms, even if Moonshot has been advised of the possibility of such damages or costs. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so this paragraph may not apply to you.

17.2 Nature of Claims and Failure of Essential Purpose

To the extent permitted by law, you agree that the waivers, disclaimers and limitations specified in these Terms apply regardless of the form of action, whether in contact, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in these Terms is intended to apply in respect of non-performance of a condition.

18. GENERAL TERMS

18.1 Assignments and Transfers

Users shall not, without the prior written consent of Moonshot, assign, transfer, or sub-contract these Terms and/or any of your rights or obligations under these Terms, and any unauthorised assignment shall be null and void. Moonshot may, at any time, freely assign, transfer or sub-contract these Terms or any or all of its rights or obligations under these Terms.

18.2 Severability

If any provision of these Terms or part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further.

18.3 Communications

General questions and communications regarding the App and any notices to Moonshot regarding these Terms should be made to hello@themoonshot.xyz. Moonshot may contact and notify you at the email address you have provided to us. You are required to keep your contact information current.

18.4 Third Party Rights

The Contracts (Rights of Third Parties) Act 2001 of Singapore shall not under any circumstances apply to these Terms and any person who is not a party to these Terms (whether or not such person shall be named, referred to, or otherwise identified, or form part of a class of persons so named, referred to or identified, in these Terms) shall have no right whatsoever under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce these Terms.

18.5 Amendments

Moonshot may at any time give Users notice of any amendment, variation, revision, supplement or any other charge to these Terms by publishing an updated version of these Terms, through a notification by e-mail or such other means as Moonshot shall deem fit. Changes shall take place on and from the date specified, on and from the date of such notice and shall apply to all use of Moonshot’s App and App Services. Without prejudice to the foregoing, the continued use of the App and/or acceptance of the App Services after such change shall be deemed as acceptance and agreement to the same from the relevant User.

18.6 Entire Agreement

These Terms and the documents referred to in it supersede all previous Terms between the parties (if any), and each party acknowledges that in agreeing to enter into these Terms, it has not relied on any representation, warranty, or any other assurance except those set out in these Terms.

18.7 Force Majeure

1. Moonshot shall not be in breach of these Terms, nor be liable for any failure or delay in the performance of any other obligations under these Terms arising from or attributable to acts, events, omissions, accidents beyond its reasonable control, including but not limited to any of the following:
   
   1. acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster;
   2. war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
   3. terrorist attack, civil war, civil commotions or riots;
   4. nuclear, chemical or biological contamination or sonic boom;
   5. fire, explosion or accidental damage;
   6. collapse of building structures, failure of plant machinery, machinery, computers or vehicles;
   7. interruption or failure of utility service, including but not limited to electric power, gas or water;
   8. any labour disputes, including but not limited to strikes, industrial action or lockouts;
   9. any interruption to the App and/or the App Services outside the reasonable control of Moonshot; and/or
   10. acts of any government or authority.
2. In the event that any such delay or non-performance continues for a period in excess of 120 days, Moonshot shall have the right to terminate these Terms by giving the User 14 days’ notice in writing prior to such termination without affecting any rights accruing prior to such termination.

18.8 Relationship.

‍Moonshot’s role in relation to each User is limited to being the owner and operator of the App. Nothing in these Terms shall imply or constitute any relationship as principal and agent, employer and employee, franchisor and franchisee, partners, joint-venture partners, co-owners, or otherwise as participants in a joint undertaking, between any User and Moonshot.

18.9 Remedies.

‍No remedy conferred by any of the provisions of these Terms is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statutes or otherwise and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by a party hereto shall not constitute a waiver by such party of the right to pursue other available remedies. No failure on the part of a party hereto to exercise, and no delay in exercising any right under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right under these Terms preclude any other or further exercise of any right thereof or of the exercise of any other right.

18.10 No Waiver of Rights.

‍A failure or delay in exercising any right, power or privilege in respect of these Terms will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise of that right, power or privilege or exercise of any other right, power or privilege.

18.11 Governing Law and Arbitration

1. These Terms will be governed and construed in accordance with the laws of Singapore.
2. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in the English language, administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this Clause 18.11.2. The seat of the arbitration shall be Singapore and the tribunal shall consist of one (1) arbitrator.