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Terms & Conditions

Grass - Terms and Conditions

Last Modified: June 20, 2024

1. Overview

Half Space Labs Limited d/b/a Wynd Labs™ (Wynd Labs, we, us, orour) operates the Grass™ web extension, dashboard application, desktop application, mobile application, and related hardware, including as made available through our website www.getgrass.io (the Website, and together with our web extension, dashboard, desktop application, mobile application, and related hardware the Grass Services) that permit users to participate in a Decentralized Peer-to-Peer Internet Networking Ecosystem that facilitates access to and use of web data (the Grass Network).

These Terms and Conditions (these Terms) govern your access to and use of the Grass Services and participation in the Grass Network through your access to and use of the Grass Services. These Terms incorporate our Privacy Policy by reference, which can be accessed at https://www.getgrass.io/privacy-policy. Please read these Terms carefully. They constitute a legal agreement between you and Wynd Labs. By accessing, using, or downloading any of the Grass Services or otherwise participating in the Grass Network, you confirm your agreement to accept and be bound by these Terms, as these Terms may be amended from time to time, in relation to your entire relationship with Wynd Labs regarding your access to and use of the Grass Services and participation in the Grass Network.

If the individual who accepts these Terms does not have the authority, or does not agree with and accept to be bound by these Terms, that individual must not accept these Terms and may not access or use the Grass Services or participate in the Grass Network.

2. Restricted Persons; Minors

The Grass Services and the Grass Network may not be accessed or used by (a) any person or entity that (i) resides in, is located, is incorporated, or has an office in any jurisdiction that is subject to any economic or financial sanctions; (ii) any person who resides in any jurisdiction where your access to or use of the Grass Services or participation in the Grass Network is illegal or not permitted by applicable law; or (iii) any person or entity that is the subject of any economic or financial sanction (each, a Restricted Person); or (b) any individual who is under the age of majority in their jurisdiction of residence (each, a Minor). If you are a Restricted Person or a Minor you are not permitted to access, use, or download the Grass Services or participate in the Grass Network. Use of a virtual private network to circumvent the restrictions set out in these Terms is strictly prohibited.

3. Access to the Grass Services; Account Creation and Maintenance

To access, use, or download the Grass Services or participate in the Grass Network, you must accept these Terms. Subject to the terms and conditions of these Terms, Wynd Labs will provide you with access to and use of the Grass Services. Your right to access, use, and download the Grass Services or participate in the Grass Network is personal and non- exclusive, may not be transferred or licensed to any other person or entity, and may be revoked by Wynd Labs at any time, in accordance with these Terms.

Before completing the registration process for your account, you will be required to indicate your acceptance of these Terms. By creating an account, you represent, warrant, and covenant that you (a) can form a binding contract with Wynd Labs; (b) will comply with these Terms and all applicable laws, rules, and regulations; (c) will provide accurate, current, and complete information about yourself as prompted by our registration form or otherwise; and (d) will maintain and update your information, including your contact information, so that it remains accurate, current, and complete at all times.

You will be responsible for the confidentiality and use of your username and password and agree not to transfer to any third-party your right to use or access the Grass Services or the Grass Network via your account. Wynd Labs disclaims any and all responsibility or liability for any unauthorized use of your account. You agree to notify us immediately of any unauthorized use, theft, or appropriation of your account, username, or password. We will not be liable for any loss that you incur as a result of someone else’s use of your account, username, or password, either with or without your knowledge. For clarity, you are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account.

4. Wynd Labs Property; Trademarks; Feedback

You acknowledge and agree that all right, title, and interest in and to the Grass Services, Grass Network, and all works, designs, content, data, information, features, functionality, software, code, documentation, and other materials that form part of the Grass Services and Grass Network, including the Wynd Labs Trademarks (collectively, the Wynd Labs Property) are the sole and exclusive property of Wynd Labs, its affiliates, and their respective licensors. Neither these Terms nor your use of the Wynd Labs Property convey or will convey to you any right, title, or interest in or in relation to the Wynd Labs Property, except for the limited right to access and use the Grass Services and participate in the Grass Network that is granted to you expressly in these Terms. All rights in and to the Wynd Labs Property, and the intellectual property in and related to them are expressly reserved by their owner(s). You may not use, reproduce, or otherwise exploit the Wynd Labs Property for any purpose, whether commercial or non-commercial, that is not expressly authorized by these Terms without the prior written permission of Wynd Labs.

The trademarks Wynd Labs, Grass, and all related logos, designs, and slogans are trademarks that are owned by Wynd Labs and its licensors (the Wynd Labs Trademarks). You may not use or display the Wynd Labs Trademarks without the prior written permission of Wynd Labs. All goodwill arising in connection with the use or display of the Wynd Labs Trademarks will accrue to Wynd Labs and its licensors. All rights in and to the Wynd Labs Trademarks are expressly reserved.

You grant to Wynd Labs, its affiliates, and their respective licensees, successors, and assigns, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid up, transferable, and sublicensable right and license to use and incorporate into the Wynd Labs Property any suggestion, enhancement, request, recommendation, correction, or other feedback provided by you relating to the Wynd Labs Property or the business, products, or services of Wynd Labs or its affiliates.

5. Code of Conduct; Restrictions

You agree that you will comply with these Terms and all applicable laws that apply to you in connection with your access to and use of the Grass Services and participation in the Grass Network.

You agree that you will not:

5.1

provide, disclose, divulge or make available to, or permit use of the Wynd Labs Property by, any third party;

5.2

rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Wynd Labs Property to any third party, including on or in connection with the Internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service;

5.3

copy, modify, or create derivative works or improvements of or based on the Wynd Labs Property;

5.4

interfere, or attempt to interfere, with the Wynd Labs Property in any way, including to reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Wynd Labs Property, in whole or in part;

5.5

circumvent, or attempt to circumvent, any geographical restrictions, privacy measures, or other access controls, including the use of VPNs for such purposes;

5.6

facilitate, incite, or engage in the unethical manipulation or misuse of data or information in a manner that violates applicable law or undermines the access to, use, or operation of the Wynd Labs Property;

5.7

engage in spamming, mailbombing, spoofing or any other fraudulent, illegal or unauthorized use of the Wynd Labs Property;

5.8

engage in any activity that impedes or restricts any other user’s access, use, or enjoyment of the Wynd Labs Property or which may cause harm to such user;

5.9

remove, obscure, or alter any copyright notice, trademarks or other proprietary rights notices affixed to or contained within the Wynd Labs Property;

5.10

engage in or allow any action involving the Wynd Labs Property that is inconsistent with the terms and conditions of these Terms;

5.11

impersonate any user or other person or entity or otherwise engage is any fraudulent or intentionally misleading activities in connection with your access or use of the Wynd Labs Property;

5.12

bypass or breach any security device, or protection used by or in connection with the Wynd Labs Property, including in connection with the access or use of the Wynd Labs Property;

5.13

input, upload, transmit, or otherwise provide to or through the Wynd Labs Property any information or materials that are unlawful or injurious, or contain, transmit, or activate any software or other technology, including any virus, trojan horse, worm, backdoor, malware, or other malicious computer code, the purpose or effect of which is to: (a) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any: (i) computer, software, firmware, hardware, system or network; or (ii) application or function of any of the foregoing or the security, integrity, confidentiality, or use of any data; or (b) prevent you or any other authorized user from accessing or using the Grass Services or Grass Network as intended (Harmful Code);

5.14

damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner Wynd Labs, its affiliates, or the Wynd Labs Property, including our provision of any data, products, or services to any third party, in whole or in part;

5.15

access or use the Wynd Labs Property in any manner or for any purpose that (i) infringes, misappropriates, or otherwise violates the intellectual property or other rights of the Wynd Labs or any third party; or (ii) violates any applicable law;

5.16

access or use the Wynd Labs Property for purposes of competitive analysis of the Wynd Labs Property, the development, provision or use of a competing software service or product, or any other purpose that is to the Wynd Labs’s detriment or commercial disadvantage; or

5.17

otherwise access or use the Wynd Labs Property beyond the scope of the authorizations granted under this Agreement.

Engaging in prohibited conduct constitutes a breach of these Terms and may subject you to civil liability or criminal prosecution under applicable laws. Wynd Labs reserves the right to investigate and/or terminate your account, without a refund of any purchases or settlement of any outstanding accounts, if you have violated these Terms, misused any Wynd Labs Property or have acted in a manner that Wynd Labs considers as inappropriate or unlawful.

6. Availability; Downtime; Updates

While we endeavour to keep downtime to a minimum, we cannot promise that the Grass Services or Grass Network or their availability will be uninterrupted, secure, or error-free. We reserve the right to interrupt or suspend access to the Grass Services, Grass Network, or any other Wynd Labs Property, or any part thereof, with or without prior notice for any reason and you will not be entitled to any refund of fees or other compensation for any such interruption or suspension.

You are solely responsible, at your own expense, for obtaining and maintaining all Internet access, computer hardware, and other equipment and services needed to access and use the Wynd Labs Property.

Wynd Labs updates the content associated with the Grass Services periodically. However, Wynd Labs does not guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of such content. Wynd Labs may revise, supplement or delete any information, content, features, functionality, services, or resources contained on the Grass Services and reserves the right to make such changes without prior notification to past, current, or prospective users, including you.

7. Disclaimers

The disclaimers set out in this Section 7 will not limit or exclude any warranties that cannot be excluded or limited excluded under applicable law.

7.1

General Disclaimer

Wynd Labs does not make any representation or warranty of any kind, whether express or implied, statutory or otherwise, and Wynd Labs specifically disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, to the maximum extent permitted by applicable law. All Wynd Labs Property, including the Grass Services and Grass Network are provided as-is and as available, exclusive of any warranty whatsoever, including with respect to completeness, security, quality, reliability, or availability. For clarity, and without limiting the generality of the foregoing, Wynd Labs make no warranty of any kind that the Wynd Labs Property, including the Grass Services or Grass Network, or any other products, services, opportunities, Rewards (as defined below), communications, or the results of the receipt of use thereof, will meet your or any other person’s requirements, operate without interruption, achieve any intended result, be compatible or work with any software, system, device, or other services, or be timely, secure, accurate, complete, free of Harmful Code, or error-free. You are responsible for implementing adequate measures to protect the security and integrity of your activities on the Internet, including by installing anti-virus protection and maintaining external backups to recover any lost data or information.

7.2

Disclaimer re: Professional Advice

No advice or information provided or through the Grass Services, Grass Network, or any other Wynd Labs Property is intended to be investment, financial, legal, tax, or other professional advice. Wynd Labs and its affiliates do not provide investment, financial, legal, tax, or other professional advice and recommend that all users of the Grass Services and Grass Network obtain any investment, financial, legal, tax, or other professional advice that such user deems necessary in connection with their access to, use, or download of Grass Services or participation in the Grass Network.

7.3

Disclaimer re: Harmful Code

Wynd Labs is not responsible or liable for any software, computer viruses, Harmful Code that may infect or otherwise affect the use of your computer equipment or other property on account of your access to or use of the Grass Services or your downloading or otherwise acquiring any content or other information from or through the Grass Services.

7.4

Disclaimer re: Rewards

The Grass Services allow users of the Grass Services to contribute their unused Internet bandwidth in support of the creation, operation, and proliferation of the Grass Network in exchange for the opportunity to receive certain indicators, points, or other intangible rewards (collectively, Rewards). Your opportunity to receive such Rewards in connection with your access to and use of the Grass Services or participation in the Grass Network will be determined in the discretion of one or more third parties who may provide such Rewards. You understand agree that your access to and use of the Grass Services and participation in the Grass Network does not entitle to you to receive any Rewards except as determined in the sole discretion of the third parties that may provide such Rewards from time to time.To the extent that you are attributed any Rewards, such Rewards are not, and may never convert to, accrue to, be used to calculate, or become any other physical or virtual assets. Any such Rewards have no monetary value and do not constitute currency or property of any kind. Any Rewards are not redeemable or eligible for any fiat, currency, property, or other form of value. Rewards may not be transferred between users and users are not permitted to sell, transfer, loan, rent, lease, trade, or exchange Rewards, or rely on Rewards to obtain credit or set-off or pay-down any amount.Wynd Labs does not make any representation or warranty of any kind, whether express or implied, statutory or otherwise as to the availability, quantum, nature, or utility of any such Rewards.

7.5

Disclaimer re: Digital Wallets

If you provide information relating to your digital wallet on through, or in connection with the Grass Services or any linked or related website that permits the payment, acquisition, or transfer of any type of currency or other assets, you understand and agree that you are solely responsible and liable for maintaining the security of your digital wallet and your control over your passwords, private keys, seed phrases, or other credentials relating to the access and use of your digital wallet. We are not responsible or liable for managing or maintaining the security of your digital wallet or for any unauthorized access to or use of your digital wallet, including but not limited to any loss of any assets or currency in such digital wallet. You acknowledge and agree that you understand that unauthorized access to your digital wallet by third parties could result in the loss or theft of the contents of your wallet and that we have no responsibility or liability for storing, retaining, securing, or recovering your digital wallet, access to your digital wallet, or the contents of your digital wallet, including any passwords, private keys, seed phrases, or other credentials.By providing or using any digital wallet in connection with the Grass Services or any linked or related website, you agree that you are using the digital wallet under the terms and conditions of the applicable provider of the digital wallet. No digital wallet is created, operated, or maintained by Wynd Labs or affiliated with Wynd Labs. As a result, Wynd Labs does not have custody or control over the contents of your digital wallet and have no ability to retrieve or transfer its contents. Your relationship with any digital wallet provider is governed by the applicable terms and conditions of that wallet provider, not these Terms.

7.6

Disclaimer re Blockchain Technologies

The Grass Services may also reference or provide links to applications or applications related to smart contracts, protocols, and other blockchain technologies (collectively, “Blockchain Technologies”). The Blockchain Technologies are not part of the Grass Services or the Grass Network, and your access to and use of any Blockchain Technologies is entirely at your own risk. In addition, any third party technologies required to be accessed or used in order to interact with the Blockchain Technologies, including any digital wallet, are not part of the Grass Services or the Grass Network and your access to and use of such third party technologies are at your own risk.

8. Assumption of Risk; Responsibilities

All users are responsible for their (a) access, use, and download of the Grass Services, participation in the Grass Network, and use of any other Wynd Labs Property; and (b) access, use, and interaction with any third party services, products, or technologies, including your compliance with all applicable laws in connection with the foregoing. You access to and use of the Grass Services, participation in the Grass Network, and use of any other Wynd Labs Property is purely voluntary, and you freely accept all risks and liabilities associated with the foregoing.

9. Investigations; Enforcement

You acknowledge and agree that we reserve the right to:

  • take any necessary legal action, including but not limited to, referral to law enforcement, for any illegal or unauthorized use of the Grass Services, Grass Network, or any other Wynd Labs Property;
  • cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Grass Services or Grass Network.
You waive and release Wynd Labs and its affiliates from and against any and all claims resulting from any action taken by Wynd Labs or its affiliates during, or as a consequence of, investigations by any governmental authority.

10. Limitation of Liability

The limitations of liability in this Section 10 do not affect any liability that cannot be excluded or limited under applicable law.

10.1

Exclusion of Damages
In no event will Wynd Labs or its affiliates be liable for any indirect, special, incidental, exemplary, punitive, or consequential damages (including, loss of profits, use, data, or other economic advantage) arising under, in connection with, or related to (a) these Terms; (b) the operation or provision of the Grass Services, Grass Network, or any other Wynd Labs Property; (c) your access to or use of the Grass Services, Grass Network, or any other Wynd Labs Property; or (d) your participation in the Grass Network, howsoever arising, either of a breach of these Terms (including breach of warranty), negligence, strict liability, tort, or any other theory of liability, even if Wynd Labs or its affiliates have been previously advised of the possibility of such damage.

10.2

Limitation on Quantum of Liability for Direct Damages
The total aggregate liability of the Wynd Labs and its affiliates for direct damages arising under, in connection with, or related to (a) these Terms; (b) the operation or provision of the Grass Services, Grass Network, or any other Wynd Labs Property; (c) your access to or use of the Grass Services, Grass Network, or any other Wynd Labs Property; or (d) your participation in the Grass Network, will be limited to $10.

11. Indemnification

You agree to indemnify, defend, and hold harmless Wynd Labs, its affiliates, and their respective directors, officers, shareholders, employees, staff, representatives, agents, licensors, licensees, successors, and assigns (the Wynd Labs Indemnified Parties) from and against any and all claims, demands, damages, judgments, penalties, fines, costs, and expenses, including legal fees, and disbursements, incurred by the Wynd Labs Indemnified Parties (or any of them), relating to, arising from, or in connection with a third party claim, demand, action, or proceeding arising out of (a) an allegation that your unauthorized use of any of the Wynd Labs Property infringes, misappropriates, or otherwise violates any third party’s rights or is otherwise unlawful; (b) your breach of these Terms, including, any representation, warranty, covenant, or obligation in these Terms; (c) your negligence, fraud, or willful misconduct; (d) your use of the Wynd Labs Property in a manner that is not authorized by these Terms; (e) your use of the Wynd Labs Property in combination with data, software, hardware, equipment or technology not provided by Wynd Labs or authorized by Wynd Labs in writing; or (f) any modifications made by you to any Wynd Labs Property that have not been authorized by Wynd Labs in writing.

12. Suspension; Termination

Wynd Labs may, at any time and from time to time, without notice, suspend or terminate your access or right to access or use the Grass Services, participate in the Grass Network, or to otherwise access or use any Wynd Labs Property, if Wynd Labs determines, in its sole discretion, that you have violated or otherwise breached these Terms.

A suspension may be for such period of time as Wynd Labs considers necessary to permit the thorough investigation of the conduct at issue. You agree that, upon the suspension or termination of your access to or use of the Grass Services or participation in the Grass Network, you will immediately cease and desist from all access to and use of the Grass Services, participation in the Grass Network, and access to or use of the Wynd Labs Property, including in accordance with the written directions of Wynd Labs.

13. Linked Resources

Wynd Labs may provide links to third party websites, webpages, social channels, and other online resources for your convenience only, including links to third party websites for the purpose of connecting you with third parties who may offer Rewards in connection with your use of the Grass Services. Wynd Labs is not responsible for those websites and the inclusion of these links does not imply that Wynd Labs either monitors or endorses them. Please be aware that these third party websites, webpages, social channels, and other online resources are governed by separate terms and conditions and privacy policies. We encourage you to be aware when you click these links. Your use of these third party websites, webpages, social channels, and other online resources is at your own risk. Wynd Labs is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or reliance upon any information, content, goods, or services available on or through any third party websites, webpages, social channels, or other linked resources.

14. Changes to these Terms

You acknowledge and agree that we may make changes to these Terms from time to time, for any reason, in our sole and absolute discretion. The most recent version of these Terms will be posted athttps://www.getgrass.io/terms-and-conditions . If the changes that we make include material changes that affect your rights and obligations, we will take reasonable steps to notify you of the changes in advance. Your continued use of the Wynd Labs Property after we post and/or notify you of any changes to the Terms means that you accept and agree to be bound by the Terms as amended.

15. Governing Law; Dispute Resolution

Subject to the below, in relation to any dispute, controversy, or claim arising out of, relating to or in connection with these Terms, including with respect to the formation, applicability, breach, failure to pay, termination, validity, or enforceability thereof (Dispute), each party irrevocably submits to the exclusive jurisdiction of the courts of the British Virgin Islands and waives any objection to such Dispute being heard in such courts on the grounds of venue or on the grounds that the Dispute has been brought in an inconvenient forum.

Notwithstanding any other provision of these Terms, you agree that we have the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

These Terms (and any Dispute arising under or in connection with these Terms) shall be governed by and construed in accordance with, in all respects including as to its validity, interpretation and effect, the laws of the British Virgin Islands, without giving effect to its principles or rules of conflict of laws to the extent such principles or rules are not mandatorily applicable by statute and would permit or require the application of the laws of another jurisdiction.

16. Waiver of Class Actions and Arbitrations

Any Dispute is personal to you and us and you agree that no Dispute will be brought as a class action, class arbitration or any other type of representative proceeding.

17. Limitation on Time to Commence Disputes

To the extent permitted by applicable law, you acknowledge and agree that any Dispute that you may have arising out of or relating to (a) these Terms; (b) the operation or provision of the Grass Services, Grass Network, or any other Wynd Labs Property; or (c) your access to or use of the Grass Services, Grass Network, or any other Wynd Labs Property or your participation in the Grass Network, must be commenced within one year after the date that is the earlier of: (i) the date you discovered the Dispute; or (ii) the day on which a reasonable person with the abilities in the circumstances of the person with the Dispute first ought to have known of the Dispute.

18. Entire Agreement

These Terms and to any separate written agreement between you and Wynd Labs, constitute the entire agreement between you and Wynd Labs with respect to the subject matter of these Terms. There are no representations, covenants, or other terms other than those set out under these Terms. These Terms supersede any previous discussions, understandings, or agreements, between the parties relating to the subject matter of these Terms.

19. No Waiver

No waiver of satisfaction of a condition or non-performance of an obligation under these Terms is effective unless it is in writing and signed by the party granting the waiver or that party’s authorized representative. Unless expressly granted in writing and signed by the party granting the waiver or that party’s authorized representative, no waiver will extend to any subsequent non-satisfaction of a condition or non-performance of an obligation under these Terms, whether or not of the same or similar nature to that which was waived. No waiver will affect the exercise of any other rights or remedies under these Terms. Any failure or delay in exercising any right or remedy will not constitute, or be deemed to constitute, a waiver of that right or remedy. No single or partial exercise of any right or remedy will affect further exercise of any right or remedy.

20. Severability

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

21. Assignment

You may not assign, transfer, sublicense, or convey these Terms, including any rights granted by Wynd Labs and obligations assumed by you, except with Wynd Labs’ prior written consent. We may assign, transfer, sublicense, or convey these Terms, and our rights and obligations under them, to any third party without notice to you.

22. Contact Information

If you have any questions, concerns or suggestions regarding the Services, Content, or these Terms, please contact us at privacy@wyndlabs.ai.

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