ℹ️Section 4 - 8

4. DOGAMI’s Role

4.1. DOGAMI acts only as a technology service provider and does not provide custody of assets or funds on behalf of the Users. DOGAMI does not offer or provide payment, brokerage, trading or financial services. DOGAMI does not trade crypto-assets on behalf of others.

4.2. DOGAMI does not and shall not give any advice whatsoever concerning crypto-assets or the use of the Services. DOGAMI makes no promises or warranties whatsoever of possible gains, profits, yields or returns, in cash or any other form, connected to the use of the Website and/or the Services.

4.3. DOGAMI does not guarantee in any way the success or full execution of the vision, roadmap and future plans expressed within the Whitepaper or other communication channels that may be attributed, either directly or indirectly, to DOGAMI.

4.4. DOGAMI is not a bank, a security firm, an asset manager, a portfolio manager, or an investment advisor. DOGAMI is not a financial institution or a financial service provider. DOGAMI has not received any license or authorisation from any regulatory or supervisory authority.

4.5. DOGAMI does not, and shall not at any time, give any financial advice whatsoever. DOGAMI is not acting as a financial institution or a financial service provider within the context of the sale of DOGA or in any other context, nor is DOGAMI issuing or offering any financial instrument.

5. Privacy and Cookie Policy

5.1. The User agrees that DOGAMI may collect, process, and use personal data about the User according to the Privacy Policy, which sets out the terms on which we process any personal data we collect from the User, or that the User provides to us.

5.2. By using the Website, the User consents to process all data it releases within the Website (hereinafter referred to as the “Personal Data”).

5.3. The User warrants that the Personal Data provided is accurate, complete and updated.

5.4. The Cookies are widely used to make the Website work or work more efficiently, as well as to provide information to DOGAMI.

5.5. The Cookies are used to collect information about how Users use the Website.

5.6. DOGAMI uses the information provided by the Cookies to compile reports and to improve the Website and the Platform.

5.7. The Cookies collect information in an anonymous form, including, but not limited to, the number of Users on the Website, where the Users have come to the Website from and the pages they visited.

5.8. By using the Website, the User agrees that DOGAMI can place Cookies on its device.

6. Conditions of Access

6.1. Free access

6.1.1. Access to the Website and the Apps is free of charge for any User of legal age (+ 18) who has access to the Internet or a mobile network. All costs relating to access, whether hardware, software or internet access costs, are exclusively the User’s responsibility. The User is solely responsible for the proper functioning of his/her mobile equipment and Internet access.

6.1.2. Access to the Services is restricted to the holders of DOGA or the Collectibles.

6.1.3. DOGAMÍ strives to provide quality access and to enable Users to use the means of communication made available to them in the best possible conditions.

6.1.4. Due to the nature and complexity of the Internet network, and in particular, its technical performance and response times for consulting, querying or transferring information data, DOGAMÍ does its best, in accordance with the rules of the art, to allow access to and use of the Website and the Apps. DOGAMÍ cannot guarantee absolute accessibility or availability of the Website or the Apps.

6.1.5. However, DOGAMÍ reserves the right, without prior notice or compensation, to close down temporarily or definitively all or part of the service, in particular, to carry out an update, maintenance operations, modifications or changes to the operational methods and servers, without this list being restrictive.

6.1.6. DOGAMÍ is not responsible for any damage of any kind that may result from these changes or from the temporary unavailability or even the definitive closure of all or part of the Website and the Apps or the services associated with it.

6.1.7. DOGAMÍ reserves the right to complete or modify, at any time, the Website and the Apps and the services available on it according to the evolution of technologies.

6.1.8. It is the User’s responsibility to ensure that the computer and transmission resources available to him/her can adapt to changes in the service.

6.2. Personal Space

6.2.1. Certain parts of the Website and the Apps or services offered are only accessible to Users with a personal account and password (hereinafter referred to as the "Member(s)"), according to the terms and conditions set out in the online registration form and these general conditions of use.

6.2.2. The Member is also a User, but the User without a personal space is not a Member.

6.2.3. The User who does not have a personal space shall refrain from accessing the part of the Website and the Apps reserved for Members and undertakes not to enter or attempt to enter this space. Such access shall be considered as unauthorised access to a data processing system within the meaning of Article 143 bis of the Swiss Criminal Code.

6.2.4. If the User who does not have a personal space inadvertently enters such a space without the right, he/she undertakes to inform the publisher of the Website and the Apps at the following address: [e-mail].

6.2.5. The User undertakes to consider that all the data of which he/she will have become aware during such access to the personal space are confidential data and consequently undertakes not to disclose them.

6.3. Registration to the Personal Space

6.3.1. Registration and access to the personal account are reserved exclusively for persons who have reached the legal age (+ 18) and have completed and validated the registration form available on the Website and the Apps, as well as the Terms & Conditions. The creation and use of the personal space are free. However, access costs (notably Internet subscription) remain at the expense of the User.

6.3.2. The Member who has registered on the personal space guarantees the accuracy of the information provided for the purposes of his or her registration to the parts of the Website and the Apps requiring a personal account and a password.

6.3.3. The Member guarantees that all the information he/she provides at the time of registration is accurate, up-to-date and sincere and is not misleading. They also guarantee that they do not in any way infringe on the rights of third parties, in particular, personality rights and intellectual property rights. He/she undertakes to update this information in his/her personal space in the event of modifications so that it always corresponds to the aforementioned criteria.

6.3.4. The Member is informed and accepts that the information entered for the purpose of creating or updating his or her personal space is proof of his or her identity. The information entered by the Member is binding upon validation. In particular, the Member accepts that his or her information may be verified.

6.3.5. The User must therefore provide a valid e-mail address to which he/she will receive confirmation of his/her registration. An e-mail address may not be used several times to register for personal space.

6.4. Wallet

6.4.1. To use some Services, the Member needs a compatible blockchain-based digital wallet (hereinafter referred to as the “Wallet”).

6.4.2. In the Wallet, the Member may store the Collectibles and the other Digital Assets accepted as payment throughout the Services.

6.4.3. The Wallet is hosted by Web3Auth and accessible through:

6.4.3.1. the Member’s email account;

6.4.3.2. the Member’s regular web3 wallet through the wallet connect integrated in Web3Auth;

6.4.3.3. the Member’s social account, through social login authentication systems.

6.4.4. The Member is aware that they have to choose a strong password for their email or social account when accessing Web3Auth.

6.4.5. The Member is aware that that we the Company is not responsible for any loss or theft of the Member’s password, Digital Assets, or Collectibles stored in the Wallet. It is the Member sole responsibility to take necessary measures to secure access to their login and account information, including their password.

6.4.6. If the Member misplaces their email or social login password or suspect unauthorized access to their Wallet, they have to contact the Company immediately through the following email: [e-mail] and promptly to reset the connection points of their email or social media accounts.

6.4.7. The Users should always sign in using the method they selected during their initial registration. Attempting to sign in with an alternative method may result in the creation of a second account, which is prohibited.

6.5. Personal Space and Password

6.5.1. Access to the personal area requires strong authentication by each Member.

6.5.2. The password for access to the parts of the Website and the Apps reserved for Members is strictly personal and confidential.

6.5.3. The Member is solely responsible for preserving the confidentiality of his or her password and other associated confidential data. He/she undertakes to take all useful measures to ensure this complete confidentiality, and in particular, to change it regularly.

6.5.4. Any use of a password shall constitute an irrefutable presumption of use of the Website and the Apps's services by the Member.

6.5.5. The Member undertakes to change his or her password without delay in the event of voluntary or involuntary disclosure to third parties, as well as in the event of loss or omission.

6.5.6. The Member is solely responsible for the use that will be made of his or her password until he or she has requested a change of password under the conditions mentioned above.

6.5.7. The Member undertakes to notify without delay any theft of his password. This notification must be sent to the DOGAMÍ company by registered letter with an acknowledgement of receipt.

6.5.8. In any case, the DOGAMÍ company cannot be held responsible in case of fraudulent or abusive use or due to voluntary or involuntary disclosure to anyone of his identifiers and/or passwords.

6.6. The Functionality of the Personal Space

6.6.1. The personal space offers, in particular, the following functionalities

6.6.1.1. To consult, modify and complete their contact details, profile and password;

6.6.1.2. Manage subscriptions as well as alerts by freely and specifically selecting those you wish to receive or not; and

6.6.1.3. Check the history of his last purchases placed on the Marketplace.

6.6.2. The description of the personal space is not exhaustive. It is likely to evolve, in particular, to take into account technological developments or with the aim of improving the Member's experience or in order to bring the Website and the Apps into compliance.

6.7. The Voucher

6.7.1. DOGAMI will offer Users a discount code (hereinafter, the “Voucher”) purchasable via the Marketplace (https://marketplace.dogami.com/) by paying a certain amount of DOGA.

6.7.2. The possibility of purchasing the Voucher is limited in time and at the sole discretion of DOGAMI.

6.7.3. DOGAMI is under no obligation to notify Users in the event that it decides to no longer allow the Voucher to be purchased.

6.7.4. DOGAMI, in its absolute and sole discretion, may prevent a specific User from purchasing a Voucher without having to provide an explanation.

6.7.5. DOGAMI fully owns, controls and operates the Dogami online shop (link: https://shop.dogami.com/) (hereinafter, the “DOGA Shop”) and the sales (and related services) offered. The Voucher is only redeemable for a certain period of time indicated in the DOGA Shop by DOGAMI (hereinafter, the “Validity Period”). DOGAMI may, at its sole discretion, refund the User for an unused Voucher following the expiration of the Validity Period.

6.7.6. Each User may only use one (1) Voucher within the DOGA Shop.

6.7.7. The User may redeem the Voucher within the DOGA Shop to reduce the price of an order.

6.7.8. The Company assumes that the User, before using the Voucher in the DOGA Shop, has read the terms and conditions governing the DOGA Shop (insert link).

6.8. Suspension and Closure of the Personal Space

6.8.1. DOGAMÍ reserves the right to suspend or close the personal space in the event of non-compliance by the User with the provisions of the present General Terms of Use.

6.8.2. In the event of a breach of the present General Terms of Use or of the regulations in force, the DOGAMÍ company reserves the right, without compensation and without notice, to suspend access to all or part of the personal space until the cause of the suspension has disappeared, or even to delete the personal space depending on the seriousness of the breach. The User recognises that the DOGAMÍ company cannot be held responsible against him or against third parties for the consequences of the closure or suspension of the personal space.

6.8.3. A suspension of thirty (30) days that has not been dealt with by the User will lead to the deletion of the account.

6.8.4. This deletion, whether it occurs at the initiative of the User or the initiative of the DOGAMÍ company, entails the deletion of all the information linked to the personal space without the User being able to claim any prejudice whatsoever in this respect.

6.8.5. Only the data necessary for accounting documents and supporting documents will be kept according to the applicable provisions to enable the DOGAMÍ company to meet its legal and regulatory obligations in this area.

7. Earning Mechanism

7.1. DOGAMI offers discretionary, promotional mechanisms in which DOGAs or NFTs are awarded to the Users of the Website or the Apps (hereinafter referred to as the “Promotional Token Awards”).

7.2. DOGAMI retains the right, at its sole discretion, to change at any time the terms of the Promotional Token Awards.

7.3. DOGAMI retains the title of the Promotional Token Awards until the User has effectively claimed such Promotional Token Awards. An “Effective Claim” is constituted by the 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 Apps or the Homepage does not constitute a transfer of title of the Promotional Token Awards to the User.

7.4. DOGAMI and the User agree to consider the Staking Rewards as Promotional Token Awards.

7.5. DOGAMI shall require, at its own description, enhanced KYC checks to verify the identity of the User before enabling an Effective Claim for the User.

7.6. DOGAMI retains the right to withhold Promotional Token Awards for the Users who violate the Terms & Conditions.

7.7. By using the Services, the User acknowledges and agrees that any past promotional practices engaged in by DOGAMI are done so at the sole discretion of DOGAMI and are not intended to create any expectation or obligation to continue such practices in the future.

8. Use of the Website and the Apps

8.1. User License

8.1.1. DOGAMÍ grants the User a simple right to use the Website and the Apps. This licence granted is revocable, free, non-exclusive and worldwide. It is intended for personal use under the present Terms.

8.2. Obligations of the User

8.2.1. The User undertakes to use the Website or the Apps for strictly personal purposes only and, in this context, not to commit any act of counterfeiting, not to reproduce, download, represent or modify all or part of the Website and the Apps and not to disrupt the proper functioning of the Website and the Apps, and in particular not to introduce viruses or any other technology that is harmful to the Website and the Apps or the associated services.

8.2.2. The Website or the Apps is forbidden to any individual or legal entity that is :

8.2.2.1. 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;

8.2.2.2. solely with respect to the non-government sanctioned trading, mining, minting of digital assets or cryptocurrency, or support of the foregoing, a national or resident of, or legal entity formed or incorporated within, or subject to the laws of the People’s Republic of China;

8.2.2.3. a national or resident of, or legal entity formed or incorporated within or subject to the laws of the Republic of Cuba, Democratic People’s Republic of North Korea, Islamic Republic of Iran, Libya, Republic of South Sudan, Republic of Sudan, Syrian Arab Republic, or the Crimea;

8.2.2.4. 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 Traffickers or Specially Designated Terrorists, or the Annex to Executive Order No. 13224; the Department of State’s Debarred List; or UN Sanctions;

8.2.2.5. a Person with whom business transactions, including exports and re-exports, is restricted by a United States Governmental Authority, including each item listed in the preceding clauses (a), (b), (c), (d) and (e) and any updates or revisions thereto and any newly published rules, therefore; or

8.2.2.6. a subject or target of any other economic sanctions administered or enforced by the United Nations, Switzerland, the European Union or the United Kingdom.

8.2.3. The User is entirely responsible for the use he makes of the Website, the Apps and the Services. He/she undertakes to use the Website and the Apps in a loyal manner, in compliance with these Terms and with the applicable laws and regulations, particularly the laws relating to intellectual and industrial property.

8.2.4. The User undertakes to use the Website and the Apps and all the information to which he/she may have access only to obtain information and for purposes that comply with public order, good morals, and third parties' rights.

8.2.5. Thus, he is forbidden to publish or transmit via the Website or the Apps any illicit, prejudicial, defamatory, pornographic, hateful, racist or otherwise offensive element, in particular to human dignity. In the event that DOGAMÍ is informed of the presence of illicit content on the Website and the Apps, the latter is entitled to immediately remove the content and prevent the User from accessing the Website and the Apps.

8.2.6. The User also undertakes not to disturb the use that other Users may make of the Website or the Apps by not accessing parts of the Website and the Apps to which access is reserved.

8.2.7. DOGAMÍ reserves the right to suspend the use of the Website and the Apps to any User who does not respect the present Terms and communicate all the necessary information to the competent services responsible for the repression of offences.

8.2.8. The User undertakes to use the Website and the Apps in compliance with the Terms and all applicable laws and regulations. The User further agrees that it will not:

8.2.8.1. Violate any applicable law and regulation, including, without limitation, any relevant and applicable AML/CTF laws and regulations, tax obligations, reporting duties, and data collection legal provisions;

8.2.8.2. Use the Apps and the Website for any unlawful purpose;

8.2.8.3. Export, re-export, or transfer, directly or indirectly, any DOGAMÍ’s technology;

8.2.8.4. Infringe on or misappropriate any contract, intellectual property or other third-party rights, or commit a tort while using the Website and/or the Apps;

8.2.8.5. Misrepresent the truthfulness, sourcing or reliability of any content on the Website and/or the Apps;

8.2.8.6. Use the Website and/or the Apps in any manner that could interfere with, disrupt, negatively affect, or inhibit another User from enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Website and/or the Apps, the underlying software infrastructure;

8.2.8.7. Attempt to circumvent any Know-Your-Costumer (KYC) and/or Know-Your-Transaction (KYT) investigation software and digital tool, content-filtering techniques and any cybersecurity measures that DOGAMÍ employs on the Website, or attempt to access any area of the Website that it is not authorised to public access;

8.2.8.8. Use any robot, spider, crawler, scraper, or other automated hardware or software to access the Website to extract data;

8.2.8.9. Introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Website;

8.2.8.10. Post content or communications on the Website that is, in our sole discretion, libellous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;

8.2.8.11. Post content on the Website containing unsolicited promotions, commercial messages or any chain messages or user content designed to deceive or trick the user of the Website; or

8.2.8.12. Encourage or induce any third party to engage in any of the activities prohibited under the Terms & Conditions.

8.3. Access to the Marketplace

8.3.1. Access to the Marketplace is provided “as is” and “as available” basis only. DOGAMÍ does not guarantee that the Site, or any content on it, will always be available or uninterrupted. Access may be interrupted, suspended or restricted from time to time, including because of a fault, error or unforeseen circumstances or because we are carrying out planned maintenance.

8.3.2. DOGAMÍ reserves the right to limit the availability of the Marketplace to any person, geographic area or jurisdiction DOGAMÍ so desires and to terminate your access to and use of the site at any time and in DOGAMÍ’s sole discretion.

8.3.3. DOGAMÍ may suspend or disable your access to the Marketplace if DOGAMÍ considers it reasonable to do so, e.g. User breaches these Terms.

8.3.4. DOGAMÍ may remove or amend the content of the Site at any time. However, some of the content may be out of date at any time, and DOGAMÍ is under no obligation to update it. DOGAMÍ does not guarantee that the Site, or any content on it, will be free from errors or omissions.

8.3.5. DOGAMÍ will not be liable to you for any loss or damage you may suffer as a result of the Site being unavailable at any time for any reason.

8.3.6. DOGAMÍ will comply with all applicable domestic and international laws, statutes, ordinances and regulations applicable to your use of the site.