ℹ️Definitions & Interpretations

1. Definitions and Interpretations

1.1. The following terms, as used herein, shall have the following meanings unless inconsistent with the subject or context. Other capitalised terms may be defined elsewhere in the Terms & Conditions and, unless otherwise indicated, shall have such meaning throughout these Terms and Conditions.

1.1.1. “AML” shall mean Anti Money Laundering.

1.1.2. “Apps”: shall mean the mobile applications designed and published by DOGAMÍ.

1.1.3. “Collectible”: shall mean the digital pet or any function relating to it available within the Service and the underlying tokens that can be used on a blockchain;

1.1.4. “Confidential Information” shall mean any and all information of a confidential or proprietary nature (whether or not specifically labelled or identified as “confidential"), in any form or medium whatsoever, that relates to the Parties or their respective employees, customers, independent contractors, agents or other business relations, and the disclosure of which would cause harm to either of the Parties.

1.1.5. “Consent” shall have the meaning set forth in the preamble.

1.1.6. “Cookies” are small text files that are placed on the User’s computer by the Website.

1.1.7. “Cookies Policy” shall mean the cookies policy available on the Website.

1.1.8. “DOGA”: shall mean the blockchain-based digital tokens created and distributed by DOGAMÍ.

1.1.9. “Digital Assets” means digital representations of securities, rights, financial instruments and/or units of accounts booked on a distributed ledger/blockchain. For the avoidance of doubt, Digital Assets include payment tokens, utility tokens and asset/security tokens as defined by FINMA.

1.1.10. “Governmental Authority” shall mean any nation or government, any state or other political subdivision thereof, any entity exercising legislative, judicial, or administrative functions of or pertaining to government, including, without limitation, any government authority, agency, department, board, commission or instrumentality, and any court, tribunal or arbitrator(s) of competent jurisdiction, and any self-regulatory organisation.

1.1.11. “Intellectual Property” means any and all ownership or proprietary rights, rights of use or any other rights with respect to the domain names, patents and patent applications, trade secrets, trademarks and service marks, trademark and service mark registrations and applications, any other trade names, design rights, logos, copyrights, copyright registrations and applications, and any other intellectual or industrial property right in connection or related to products.

1.1.12. “KYB” means Know Your Business.

1.1.13. “KYC” means Know Your Customer.

1.1.14. “Laws” shall mean and include any law, regulation, or other provision that has legal effect in any jurisdiction where the Business is situated or operates;

1.1.15. “Marketplace”: refers to the service offered by DOGAMÍ that allows Users to exchange or sell Collectibles among themselves.

1.1.16. “Parties” shall mean DOGAMI and the User.

1.1.17. “Privacy Policy” shall mean the privacy policy available on the Website.

1.1.18. “Prohibited Person” shall mean any individual or legal entity that is (i) a national or resident of, or legal entity formed or incorporated within or subject to the laws of any United States embargoed or restricted country; (ii) solely with respect to the non-government sanctioned trading, mining, minting of digital assets or cryptocurrency, or support of the foregoing, a national o resident of, or legal entity formed or incorporated within, or subject to the laws of the People’s Republic of China; (iii) a national or resident of, or legal entity formed or incorporated within or subject to the laws of the, Democratic People’s Republic of North Korea, Islamic Republic of Iran, Libya, Republic of South Sudan, Republic of Sudan, Syrian Arab Republic, Myammar or the Crimea, Belarus, Burma, Burundi, Central African Republic, Republic of Iraq, Mali, Nicaragua, Ukraine, Russia, Venezuela, Yemen Zimbabwe ; (iv) included on, or affiliated with any person on, the United States Commerce Department’s Denied Persons List, Entities List, or Unverified List; the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List, Specially Designated Narcotics Traffickersor Specially Designated Terrorists, or the Annex to Executive Order No. 13224; the Department of State’s Debarred List; or UN Sanctions; (v) a person with whom business transactions, including exports and re-exports, are restricted by a United States Governmental Authority, including each item listed in the foregoing clauses (i), (ii), (iii), (iv) and (v) and any updates or revisions thereto and any newly published rules therefore; or (vi) a subject or target of any other economic sanctions administered or enforced by the United Nations, the European Union or the United Kingdom.

1.1.19. “Unstake Order” shall mean an order to unstake (Digital Assets).

1.1.20. “Sanctions” shall mean collective sanctions administered or enforced by any country or government.

1.1.21. “Services” shall have the meaning outlined in the preamble.

1.1.22. “Staking” shall mean locking Digital Assets into a non-custodial smart contract specific to the Supported Network for a period of time to receive Staking Rewards.

1.1.23. “Staked Digital Assets” means the Digital Assets that the User has Staked with the Service.

1.1.24. “Staking Rewards” mean rewards in Digital Assets distributed by DOGAMÍ as promotional rewards, or any other form of incentive that is distributed to the User who stakes Digital Assets. These digital assets are distributed by DOGAMI in compensation for “staking”. The User(s) do not contribute to the network nor to the chain in any technological function.

1.1.25. “Supported Network” means the following distributed ledger/blockchain networks for which DOGAMÍ is able to perform the Service: Tezos [XTZ], Polygon [MATIC/POL] and Ethereum [ETH]

1.1.26. “Supported Network Protocol” means the rules by which the Supported Networks operates, including but not limited to the process for Staking, the quantity and timing of Staking Rewards.

1.1.27. “Tax”, “Taxes”, or “Taxation” shall mean any taxes, duties, levies, imposts, or other sums payable by reference to profits, revenue, or transactions.

1.1.28. “Terms & Conditions” shall have the meaning outlined in the preamble.

1.1.29. “Third-Party/Third-Parties” shall mean any other natural person who is not a User.

1.1.30. “User” (or “You”) shall mean a person or entity browsing the Website.

1.1.31. “VAT” shall mean Value Added Tax.

1.1.32. “Website” shall have the meaning given in the Preamble.

1.1.33. “Whitepaper” shall mean the document published by the Company to explain its project made available to the public on the following URL address: https://whitepaper.dogami.com/dogami-overview/introduction.

1.1.34. "Promotional Token Awards": DOGAMI offers discretionary, promotional mechanisms, in which DOGA tokens or NFTs are awarded to the Users of the Homepage or in supported Apps.

1.1.35. "Effective Claim" is constituted by the cryptographically-verifiable deposit of the Promotional Token Awards in the User’s Wallet which can be verified on independent third-party block explorers, such as tzkt.io or polygonscan.com ; a mere display of a Promotional Token Award on the App or the Homepage does not constitute a transfer of title of the Promotional Token Awards to the User.

1.2. Except where the context requires otherwise, the Terms & Conditions will be interpreted as follows:

1.2.1. Headings are for convenience only and shall not affect the construction or interpretation of any provision of the Terms & Conditions;

1.2.2. Where a word or phrase is defined, other parts of speech and grammatical forms and the cognate variations of that word or phrase shall have corresponding meanings;

1.2.3. Words importing the singular shall include the plural and vice versa;

1.2.4. Reference to Articles and Schedules are to articles and schedules of the Terms & Conditions;

1.2.5. All words (whether gender-specific or gender-neutral) shall be deemed to include each of the masculine, feminine and neutral genders;

1.2.6. The ejusdem generis (of the same kind) rule will not apply to the interpretation of the Terms & Conditions included, and including will be read without limitation;

1.2.7. A reference to any document (including the Terms & Conditions) is to that document as amended, consolidated, supplemented, novated, or replaced from time to time in terms thereof;

1.2.8. A reference to a statute or statutory provision includes, to the extent applicable at any relevant time;

1.2.9. That statute or statutory provision as from time to time consolidated, modified, re-enacted or replaced by any other law or statutory provision whether before or after the date of these Terms & Conditions;

1.2.10. Any subordinate legislation or regulation made under the relevant law or statutory provision; and

1.2.11. References to writing include any mode of reproducing words in a legible and non-transitory form and shall include email or other electronic communication.