Terms and Conditions

Last updated: November 22, 2022

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

‍

Introduction

The Terms & Conditions (“Terms”) set forth here shall govern your use of this Website (“Service”) provided by Pendulum Development Inc., a limited liability entity formed under the laws of the British Virgin Islands (“Pendulum” or “Company”), including all pages within it (“Site”). The Service is accessible from pendulumchain.org

‍

Aknowledgment

The use of Pendulum Portal is subject to its own conditions that, depending on the case, replace, complete and / or modify these Terms. These Terms apply in full force and effect to your use of this Site and by using this Site, you expressly accept all terms and conditions contained herein. You must not use this Site, if you have any objection to any of these Terms or the Community Code.

‍

This Site is not for use by any Excluded Person (as defined below), and you must not use this Site if you are an Excluded Person.

‍

Your access to and use of the Site is also conditioned on your acceptance of and compliance with the Privacy Policy of Pendulum. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.

Nothing herein constitutes an offer to sell, or the solicitation of an offer to buy, any securities or tokens. Additionally, nothing contained on this Site shall be construed as providing consult or advice to you.

‍

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Pendulum.

Pendulum has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Pendulum shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

‍

Termination

Pendulum may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions. Upon termination, your right to use the Service will cease immediately.

‍

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

‍

Intellectual Property Rights

Pendulum owns all rights to the intellectual property and material contained in this Site, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Site.

‍

Excluded Persons

You represent and warrant that you are not an Excluded Person.

For purposes of these Terms, "Excluded Person" refers to the following person(s):

(a) a person who

(i) is a citizen, domiciled in, resident of, or physically present / located or otherwise have a relevant connection with an Excluded Jurisdiction;

(ii) does not have full legal capacity and authority to agree and bind himself or herself to these terms;

(iii) is not at least 18 or are of legal age from his or her country of residency to form a binding contract under applicable laws;

(b) a body corporate:

(i) which is incorporated in, or operates out of, an Excluded Jurisdiction; or

(ii) which is under the control of one or more individuals who is/are citizen(s) of, domiciled in, residents of, or physically present / located in, an Excluded Jurisdiction;

(c) an individual or body corporate accessing and/or using Interface and/or Protocol from within an Excluded Jurisdiction;

(d) an individual or body corporate included in United Nations Consolidated List (accessible at https://www.un.org/securitycouncil/content/un-sc-consolidated-list).

‍

"Excluded Jurisdiction" refers to the following territories: Afghanistan, American Samoa, Angola, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Botswana, Burundi, Cambodia, Cameroon, Canada, Central African Republic, Chad, China, Crimea of Ukraine, Cuba, Democratic People's Republic of Korea, Democratic Republic of the Congo, Eritrea, Ethiopia, Ghana, Guam, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Japan, Laos, Lebanon, Liberia, Libya, Madagascar, Mali, Mozambique, Myanmar, Nicaragua, Northern Mariana Islands, Pakistan, Puerto Rico, Republic of the Congo, Russia, Somalia, South Sudan, Sri Lanka, Sudan, Syrian Arab Republic (Syria), Tajikistan, Trinidad and Tobago, Turkmenistan, Uganda, United States, Uzbekistan, Vanuatu, Venezuela, Virgin Islands (U.S.), Yemen, and Zimbabwe.

‍

Restrictions

You are expressly restricted from all of the following: 1. selling, sublicensing and/or otherwise commercializing any Site material; 2. using this Site in any way that is, or may be, damaging to this Site; 3. using this Site in any way that impacts user access to this Site; 4. using this Site contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Site, or to any person or business entity; 5. using this Site to engage in any advertising or marketing.

‍

Limitation of liability

In no event shall Pendulum, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Site, whether such liability is under contract, tort or otherwise, and Pendulum, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Site.

‍

Indemnification

You hereby indemnify to the fullest extent Pendulum from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

‍

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

‍

Variation of Terms

Pendulum reserves the right to update these Terms at any time as it sees fit, including the list of Excluded Persons or Jurisdictions, at any time in Pendulum’s sole discretion and without prior notice and without any liability or further obligation of any kind whatsoever to you or any other party, in the event Pendulum finds such measures reasonable and/or necessary in a particular situation, including, but not limited to, change of regulatory requirements, or upon suspicion or detection that you do not primarily reside or are not domiciled in a permitted jurisdiction or are engaged in fraud. By using this Site you are thus expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Site.

‍

Assignment

Pendulum shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

‍

Governing Law & Jurisdiction

The Terms and any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of the foregoing, shall be governed by and construed in accordance with the laws of the British Virgin Islands.

You agree that any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms that is not resolved after good faith negotiations may be referred by you or Pendulum for final, binding resolution by arbitration under the arbitration rules of the British Virgin Islands International Arbitration Centre. Before either party may seek arbitration, the party must first send to the other party a written notice of dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice should be sent to: [email protected].

‍

Contact Us

If you have any questions about these Terms and Conditions, you can contact us:

By email: [email protected]

‍