These Polymesh Testnet Terms of Service (“Service Terms”) apply to and govern your and your permitted users’ access to and use of the incentivized and non-incentivized versions of the Polymesh Testnet blockchain software (each a “Testnet” and together, “Testnets”) and the services, and tools made available by us on a Testnet including, without limitation, the Polymesh TokenStudio, the Polymesh Testnet Wallet and a token upgrade bridge service (collectively, the “Services”). 

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These Service Terms are additional terms that, when accepted by you, supplement the Terms of Site Use (“Terms of Site Use”) published on the polymath.network and polymesh.live websites and any of their subdomains (and to which you have agreed to be bound) and together form the agreement between you and Polymath Inc. (“we”, “us” or “Polymath”) for your use of a Testnet and the Services. To the extent there are any conflicts between the terms within these Service Terms and the Terms of Site Use, these terms shall prevail. 

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1. Acceptance of Service Terms

By confirming your acceptance of these Service Terms, you agree to be bound by these Service Terms on your own behalf and, if you are duly authorised by a corporate entity, you agree on behalf of your corporate entity that it will be bound by these Service Terms. If you do not agree to these Service Terms, you shall not access or use any Testnets or the Services.

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2. Changes to Service Terms

We may revise these Service Terms, in whole or in part, at any time by amending this page and any additional terms linked to this page. Any and all such modifications are effective immediately upon posting. By clicking “I Agree” to any modified Service Terms or by continuing to access or use the Testnet(s) or the Services, you accept to be bound to the modified Service Terms.  Please check this page from time to time to take notice of any changes we made.‍

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3. General Testnet Terms of Service

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3.1 Restrictions. We reserve the right, in our sole discretion, to block, prevent or restrict any user from using any Testnet and the Services as we deem appropriate. In particular, we may block, prevent, or restrict access to users that violate, in our opinion, our Testnet Code of Conduct or are implicated in sanctions programs. 

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3.2 Supporting Information. We may require any person or corporate entity to provide any supporting information, including but not limited to national ID card, phone number, passports and business registration certificates and/or to go through any form of identity authentication, verification, or due diligence processes as we deem appropriate, before enabling any user to access a Testnet or as a condition to continuing to access or use a Testnet and the Services.‍

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3.3 Prohibited Use. You shall not:

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3.3.1 Upload, submit, or transmit any content that is illegal, infringing, harmful, offensive, or inappropriate in our opinion;

3.3.2 Use any Testnet or any Services in any illegal activity or in the furtherance of any illegal activity;

3.3.3 Use any Testnet or any Services for any commercial purposes; 

3.3.4 Exploit, attack, or attempt to exploit or attack, in Polymath’s opinion, a Testnet or Service; or

3.3.5 Attempt to do any of the foregoing or any of the other prohibited uses or activities as described in the Terms of Site Use.

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3.4 Analytics. By accessing and using a Testnet and our Services, you understand and accept that we may (or a third party will on our behalf) monitor and analyse your activities, and use, extract, copy and disseminate any of your data and materials (whether now or in the future) to help us conduct research, analytics, tests and future developments in relation to the Testnets and our Services and any other applications, systems, network, database, services or products and create future commercial services and products. You agree that you will not make any claims of any nature whatsoever in relation to the foregoing, including disputing our ability to monitor and analyse your activities and use, extract, copy and disseminate your data and materials or transferring your data and materials to a third party for such purpose. Please refer to our Privacy Policy for details on how we process your personal information.

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3.5 Ownership and IP Rights. We and our licensors retain all ownership, right and title (present and future) in and to any data, information, content, or any other materials related to the Testnets and our Services, including all derivative works thereof, that are created, written, published, or delivered by us or by a third party on our behalf.

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3.6 Updates. We may make any improvement, modifications or updates to the Testnets and our Services, including but not limited to changes and updates to the underlying software, infrastructure, security protocols, technical configurations or service features (the “Updates”) from time to time. Your continued access and use of a Testnet and our Services are subject to such Updates and any patches, system upgrades, bug fixes, feature modifications, or other maintenance work that arise out of such Updates. We are not liable for any failure by you to use such Updates in the manner specified or required by us.

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3.7 Service Period.  We may prescribe any length of service period as we deem appropriate for any Service.

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3.8 Termination. We may terminate your access to or use of any Testnet or our Services at any time without notice to you if we believe, in our sole discretion, that you have breached, or may breach, any term of condition of these Service Terms, or for our convenience. Termination of these Service Terms does not affect our rights, which may have accrued prior to the date of termination or the coming into, or continuance in, force of any provision which is expressly or by implication intended to come into or continue to be in force on or after termination.

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4. Specific Testnet Terms of Service

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4.1 Testnet Platform. The Testnets are nominated proof-of-stake blockchain testing platforms provided as a free service by us for the purpose of enabling users (software developers, operators, stakers and others) to test the blockchains and our Services in a non-production environment. Subject to your acceptance and compliance with this Agreement, you may use the Testnets and our Services on a non-assignable, non-transferrable basis solely for your personal use for our software testing and engineering purposes. If you access the Testnets or our Services through your computer’s command line interface or other similar method, these Service Terms apply to you.

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4.2 Third-party Content. The Testnets and our Services include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Polymath, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Polymath and Polymath does not endorse such materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

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4.3 Excluded Services. The Testnets or our Services such as the Polymesh TokenStudio does not provide you with, nor should be used for, any of the following: 

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4.3.1 Create, configure or manage security tokens with any economic value or purpose. Any tokens created on the Testnets or using our Services such as the Polymesh TokenStudio are for test purposes only and not real (i.e., not a digital representation of a real security);

4.3.2 Create, earn or receive any tokens (including any tokens on our incentivized Testnet versions) that have value or are exchangeable for value. Participation on our incentivized Testnet versions may result in you earning rewards, but for the avoidance of doubt, such credits are not represented on any blockchain as tokens; or

4.3.3 Any operations on Testnet or using our Services involving (i) POLY are with Kovan Testnet Ethereum POLY and (ii) POLYX are with Polymesh Testnet POLYX for each applicable Testnet; all of which are for testing purposes only and have no economic value nor can they be exchanged for value.

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4.4 Discrete Environment. Each Testnet is a discrete blockchain and information technology environment and is separate from other public or private blockchains, networks, decentralized applications (“dApps”), products and services operated by Polymath. The features of the Testnets and the Services thereon may be different from Polymath’s other blockchains, networks, dApps, products and services. You must read, understand, and familiarise yourself with the relevant Service Specifications (as defined below) for the Testnets and Services and understand the differences between the Testnets and Services and our other blockchains, networks, dApps, products and services.

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4.5 Accounts. You need to register for an account to use a Testnet and our Services (“Polymesh Testnet Account”). We may grant additional Polymesh Testnet Accounts to you at our sole discretion upon your request. We may at any time and in our sole discretion discontinue your Polymesh Testnet Account(s). You shall not authorise any third party to access or use your Polymesh Testnet Accounts.

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4.6 Service Specifications. Your access to and use of a Testnet and Services is subject to any service specifications, including but not limited to the feature descriptions, product documentation, application or machine requirements, support and security policies applicable to a Testnet and the Services from time to time, including any updates thereto (“Service Specifications”). You shall review these Service Specifications and use a Testnet and the Services in accordance with the Service Specifications.

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4.7 Operations. We are the stewards of the Testnets. Although, other third-party entities may engage in validating and staking operations on Testnets, they do so for test purposes only. There are no binding governance mechanisms on Testnets similar to those in other proof-of-stake based public blockchains constraining our ability to govern the Testnets.

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4.8 Suspension and Termination. We may suspend or terminate the operation of any Testnet or any Services at any time for any reason. We may also wipe, delete or reset a Testnet blockchain and Services or launch a new Testnet blockchain and Services at any time as we deem appropriate, without any obligation to provide notice to you.

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4.9 Visibility of Blockchain Data. Given the public nature of blockchain technology, anything that you deploy in a Testnet blockchain enters the public domain and is potentially visible to any person. You shall ensure that you only enter data onto a Testnet blockchain that is permitted to be disclosed publicly and is not confidential or subject to any privacy or confidentiality obligation or undertaking. Please refer to our Privacy Policy for details on how “on-chain” data is processed.

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4.10 Equipment. You shall procure your own hardware, software and other resources for accessing and using the Testnets and the Services. You are responsible for ensuring that your hardware, software and other resources are compatible with the system or software requirements of a Testnet and you shall ensure that such equipment will not cause any harm, damage, or threat to the systems, security, and resources of a Testnet.

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4.11 Acceptable Use. You must only use the Testnets and the Services for testing and engineering purposes and in accordance with these Service Terms and all applicable laws and regulations. You shall not, and shall not permit any person to use the Testnets or the Services (which for greater certainty including the Polymesh TokenStudio and Polymesh Testnet Wallet):

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4.11.1 for live deployment or creation of applications, tokens or transactions as though it were a production or similar environment;

4.11.2 to conduct or accept token transfer transactions for value;

4.11.3 for commercial purposes;

4.11.4 to develop or test any code, software, or other systems and applications that are related to or implicated in any illegal, abusive, offensive, or inappropriate (in our opinion) activity or organization;

4.11.5 to rent, lease, loan, trade, sell, re-sell, or otherwise monetize any tokens (including for greater certainty any tokens configured using the Polymesh TokenStudio) or Testnet Tokens (as defined below) in any manner;

4.11.6 to create any non-temporary token, or conduct or promote any token sale or initial coin offering for value or other similar conduct; or

4.11.7 Attempt to do any of the foregoing.

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4.12 License. You hereby grant us a non-exclusive, royalty-free, worldwide, irrevocable, sub-licensable, and transferable license to use and display any content, data, information, or materials (excluding any personal information) that you upload or submit to us using a Testnet, the Services or otherwise. Your personal information will be processed in accordance with our Privacy Policy.

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4.13 Testnet Tokens. Your use of our Testnets and the Services involves the use of the Polymesh Testnet POLYX digital protocol tokens on such Testnet(s) and any stablecoin-like token made available by us on a Testnet for testing purposes (collectively, “Testnet Tokens”). Testnet Tokens are for testing purposes only, have no economic value and are for use only on Testnets and for the Services.

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4.13.1 Allocation. Upon you successfully creating a Polymesh Testnet Account, we may allocate Testnet Tokens to you at our sole discretion upon your request.  You will be able to request Testnet Tokens either through our Testnet faucet service, as applicable on a Testnet, or by upgrading Kovan Testnet Ethereum POLY to Testnet Tokens using our token upgrade bridge service. We may at any time vary the number of Testnet Tokens to be allocated to you or revoke or restrict your ability to use any of your Testnet Tokens.

4.13.2 Usage. Testnet Tokens may only be used for Testnet system resources in accordance with Testnet software protocols. All Testnet Tokens can be used solely for Testnets and Services within the Testnet environment.

4.13.3 Temporary in Nature. All Testnet Tokens are temporary in nature and can only be used for a limited period of time that is stipulated by us. We also reserve the right to void or upgrade the Testnet Tokens and void any Testnet Tokens allocated to any user any time as we wish.

4.13.4 No Value. Testnet Tokens have no economic or monetary value and cannot be exchanged for cash, cash equivalent, or other tokens or cryptocurrencies. You shall not attach any value to any Testnet Token and you are prohibited from using any Testnet Tokens for any purposes other than to access and use Testnets and Services. Without limitation, you must not make Testnet Tokens available for trade on any cryptocurrency exchange, offer Testnet Tokens for rent, lease, sale, or trade in any manner, or attempt to do any of the foregoing.

4.13.5 Modification. We may from time to time add, modify, or remove any feature, functionality, or usability of any Testnet Token. 

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4.14 Polymesh Testnet Wallet Addendum. In addition to these Service Terms additional terms also apply to your use of the Polymesh Testnet Wallet. By accessing and using the Polymesh Testnet Wallet, you acknowledge that you have read and understood these additional terms which apply to the use of the Polymesh Testnet Wallet and the services provided through it. The additional terms for the Polymesh Testnet Wallet are available here.

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5. Support

Support. You may contact us for assistance with issues that you have with your use of a Testnet or our Services, but we do not provide any service level commitments with respect to any of our customer service, troubleshooting, or Updates relating to any Testnet and the Services.

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6. Survival

In addition to the provisions from the Terms of Site Use and the Polymesh Testnet Wallet Addendum that survive termination, the following provisions will survive any termination of a Testnet, your Polymesh Testnet Account(s) or your access to a Testnet or the Services, regardless of the reasons for termination, in addition to any other provisions that which may by law or by their nature should survive: Sections 3.4, 3.5, 4.1, 4.2, 4.5, 4.8, 4.9, 4.12, 4.13, 6 and 7. 

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7. Testnet Disclaimer

BY USING A TESTNET AND SERVICES, YOU ACKNOWLEDGE AND AGREE THAT USE OF A TESTNET AND SERVICES IS ENTIRELY AT YOUR SOLE RISK. 

You acknowledge and agree that all information and materials published, distributed or otherwise made available on Testnets including the Services are provided for non-commercial, personal use and testing purposes only. This includes Testnet Tokens; any tokens configured using the Polymesh TokenStudio; and any tokens configured using any extrinsics for any Testnet all of which have no economic value. 

ALL CONTENT PROVIDED ON THE TESTNETS INCLUDING THE SERVICES IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND AND ALL IMPLIED TERMS ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. No party involved in, or having contributed to the development of any Testnet and the Services, including but not limited to, any operators and stakers on Testnets and Polymath, any of Polymath’s affiliates and any directors, employees, contractors, service providers or agents of the foregoing (the “Parties Involved”) accept any responsibility or liability to you or to any third parties in relation to any materials or information accessed or downloaded via any Testnet and the Services. You acknowledge and agree that the Parties Involved are not responsible for any damage to your computer systems, loss of data, or any other loss or damage resulting from use of any Testnet or the Services. The Parties Involved hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE PARTIES INVOLVED HAVE ANY LIABILITY WHATSOEVER TO ANY PERSON FOR ANY DIRECT OR INDIRECT LOSS, LIABILITY, COST, CLAIM, EXPENSE OR DAMAGE OF ANY KIND, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, ARISING OUT OF OR RELATED TO THE USE OF ALL OR PART OF ANY TESTNET AND THE SERVICES EVEN IF THE PARTIES INVOLVED WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.