GENERAL TERMS AND CONDITIONS OF USE
Last Updated: February 27, 2026
General information
The ownership of the application located at https://rillalert.xyz (the "App", the "Platform", the "Site", the "Website" or the "Web", indistinctly) is held by Lokie Labs, S.L. ("Lokie Labs", "we", "us", "our"), a company incorporated under the laws of Spain, with registered office in Alcobendas (Madrid), and holder of tax identification number (N.I.F.) B13930714. RILLALERT is a product within the RILLAZ ecosystem, developed and operated by Lokie Labs.
What do these Terms and Conditions regulate?
This document sets forth the general terms and conditions (the "General Terms and Conditions of Use", the "General Terms and Conditions", the "Terms and Conditions", the "Terms" or the "Conditions", indistinctly) that regulate the access to and use of the App. For the purposes of these Terms, the App shall mean: the external appearance of the screen interfaces, both static and dynamic, i.e., the navigation tree, and all the elements integrated both in the screen interfaces and in the navigation tree (the "Contents") and all those online services or resources offered to users (the "Services").
Our Privacy Policy, which discloses how we collect and use your information, is also part of these Terms and is available [here].
Binding agreement
These Terms are a legally binding mutual agreement between you and Lokie Labs.
By accessing and/or using the App, you are expressly agreeing that you have read, understand and agree without reservation to be bound by these Terms and our Privacy Policy. If you do not agree, you are not authorized to access or use the App and should refrain from doing so.
User declarations
Being aware that it is an indispensable condition to be able to access and use the App, you expressly declare to have sufficient legal capacity to enter into a binding contract with Lokie Labs, and not to be subject to any prohibition to use the App under applicable law or these Terms.
In the event that you are accessing or using the App on behalf of a legal entity, you expressly represent that you have the authority/permission to accept and legally bind such legal entity to these Terms.
You represent that your acceptance of these Terms does not violate any applicable law or the terms and conditions of any agreement, understanding, representation, statement, covenant, etc., whether written or oral, that you have entered into with any third party.
You expressly represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to use digital wallets and interact with blockchain-based services. RILLALERT is not intended for persons under the age of eighteen (18).
Lokie Labs disclaims any liability for any failure to comply with any of the foregoing requirements.
Territoriality
The App is primarily directed to users residing in Spain. Lokie Labs makes no representation that the App complies with the laws of other countries, either in whole or in part. If you reside or are domiciled elsewhere and decide to access and/or browse the App, you do so at your own risk. You must ensure that such access and browsing complies with the local laws applicable to you and Lokie Labs assumes no liability whatsoever arising from such access and/or use of the App.
We reserve the right, but not the obligation, to monitor where the App is accessed from. In addition, we reserve the right, at any time, in our sole discretion, to block access to or use of the App, in whole or in part, from any geographic location, IP addresses and unique device identifiers or to any user.
Updating the Terms and Conditions
We reserve the right to update the Terms and Conditions at our sole discretion and may modify or replace them, in whole or in part, at any time. If we do so, we will notify you by posting the updated Terms on the App and updating the "Last Updated" date at the top of these Terms. For material changes that substantially affect your rights or obligations, we will use reasonable efforts to provide additional notice, such as an in-app notification or a prominent banner on the App. Such changes or modifications will be effective immediately upon publication.
Where required by applicable law, material changes to these Terms may require your re-acceptance before continued use of the App. If you continue to use the App after we have posted the updated Terms (or, where applicable, after re-accepting them), this will constitute your acceptance of the new Terms and Conditions and the changes incorporated therein. If you do not agree some or any of these terms or any future version of the Terms and Conditions or change made, do not use or access (or continue to access) the App, as you are not authorized to do so.
We may change or discontinue all or part of the App, at any time and without notice, at our sole discretion.
Special Terms and Conditions
Some of the Services, Content or offers accessible on or through the App may from time to time be subject to additional terms and conditions and other agreements (the "Special Conditions"), and therefore subject to your acceptance of and compliance with the Special Conditions if you wish to access and make use of them. In the event of any inconsistency between these Terms and the Special Conditions, the Special Conditions shall prevail.
The App
RILLALERT is an NFT listing alert and monitoring platform within the RILLAZ ecosystem. Through the App, Lokie Labs provides the user with an environment in which they can:
A) Connect a Digital Wallet
The user may connect a compatible digital wallet (the "Wallet") to access the App. Supported wallets include, but are not limited to, Glyph, MetaMask, Coinbase Wallet, Magic Eden Wallet, Phantom, Rainbow, and WalletConnect-compatible wallets. Authentication is performed exclusively through wallet connection and message signing (Sign-In With Ethereum / SIWE). The App does not use passwords or traditional authentication methods. We will never request or collect your private keys.
B) Set NFT Listing Alerts
The user may create alerts (the "Alerts") to monitor NFT listings across supported blockchains and marketplaces. Alerts allow the user to specify collections, individual tokens, price filters, notification preferences, and monitoring durations. Alert durations and trigger limits vary by tier. Alerts automatically expire at the end of their selected duration or when their trigger limit is exhausted.
C) Receive Notifications
When an Alert is triggered (i.e., a matching NFT listing is detected), the user may receive notifications through one or more of the following channels:
- Public X/Twitter notifications: A tweet is posted publicly mentioning the alert details.
- Semi-public X/Twitter notifications: A tweet is posted with limited identifying information.
- Email notifications: A private email is sent to the user's verified email address (optional paid add-on).
- In-app notifications: Notifications are displayed within the App's notification center.
D) Track Successful Hunts
The App tracks instances where a user purchases an NFT that was the subject of an active Alert (a "Successful Hunt"). Successful Hunts are recorded and displayed on the user's dashboard and may be featured on the public leaderboard.
E) Earn Points and Participate in the Leaderboard
The user may earn points (the "Points") through activities on the App, including setting Alerts and completing Successful Hunts. Points are tracked on a public leaderboard (the "Leaderboard"). Points are non-transferable, have no monetary or cash value, and cannot be exchanged, redeemed, or converted into any currency, cryptocurrency, token, or other form of value. You have no vested, proprietary, or contractual right to Points. Points do not constitute property, do not create any fiduciary relationship, and confer no legal entitlement of any kind.
Lokie Labs reserves the right, at its sole discretion and without prior notice or compensation, to:
- Modify, reset, or discontinue the Points system and/or the Leaderboard at any time.
- Adjust Points balances, including retroactive modifications, to correct errors, reflect policy changes, or address abuse.
- Modify the algorithms, formulas, and criteria used to calculate, award, or display Points.
- Remove, suspend, or disqualify users from the Points system and/or Leaderboard for any reason, including suspected abuse, manipulation, Sybil attacks (the use of multiple wallets or accounts to artificially inflate Points), botting, or any other conduct that Lokie Labs considers to be gaming or exploitation of the system.
Any determination by Lokie Labs regarding Points abuse or manipulation shall be final and binding.
F) Manage User Profile
The user may set up and manage a profile including a display name, X/Twitter handle, and optional email address. Profile information may be publicly visible on the Leaderboard and in connection with Successful Hunts.
Regulatory Positioning Disclaimer
The App is a monitoring and notification tool only. Lokie Labs is not a marketplace, broker, dealer, financial intermediary, exchange, custodian, investment adviser, or fiduciary. Lokie Labs does not facilitate, execute, settle, or intermediate any transaction involving NFTs, cryptocurrencies, or other digital assets. Lokie Labs does not take custody of, hold, or control any user funds, tokens, or digital assets at any time.
No information, notification, alert, or content provided through the App constitutes financial, investment, legal, tax, or any other form of professional advice. Lokie Labs owes no fiduciary duty to any user.
The Services do not constitute regulated services under Regulation (EU) 2023/1114 on markets in crypto-assets ("MiCA") or any other applicable financial services legislation. Lokie Labs does not provide crypto-asset services, payment services, or electronic money services as defined under applicable EU or Spanish law.
Supported Blockchains and Marketplaces
The App currently supports monitoring of NFT listings across the following blockchains: Ethereum, ApeChain, Base, Abstract, Arbitrum, and HyperEVM. Supported marketplaces include OpenSea and other integrated platforms. Lokie Labs reserves the right to add, modify, or remove support for any blockchain or marketplace at any time without prior notice.
Service Availability and "Best Effort" Disclaimer
The App is provided on a "best effort" basis. Lokie Labs does not offer any service level agreement (SLA), uptime guarantee, or real-time guarantee in connection with the Services. The delivery and accuracy of Alerts depend on the availability and reliability of third-party APIs, NFT marketplace data feeds, blockchain network conditions, and other factors outside of Lokie Labs' control.
Without limiting the foregoing:
- Alert delivery may be delayed or interrupted due to third-party API outages, rate limits, blockchain congestion, or infrastructure issues.
- The App does not guarantee that all relevant listings will be detected, nor that notifications will be delivered within any specific timeframe.
- Lokie Labs may add, modify, or discontinue support for any blockchain, marketplace, notification channel, or feature at any time, at its sole discretion, without prior notice or compensation.
You acknowledge and accept that the Services are not suitable for time-critical financial decisions and that you bear sole responsibility for any actions taken (or not taken) based on information received through the App.
Beta and Experimental Nature of the Service
RILLALERT is provided as a beta and experimental Web3 product. The App relies on evolving blockchain infrastructure, third-party APIs, indexers, and smart contract protocols that are subject to rapid change, deprecation, or discontinuation without prior notice. As with any product operating at the frontier of decentralized technology, the Services may experience unexpected behavior, downtime, data inconsistencies, or feature limitations arising from the inherent instability and ongoing development of the underlying Web3 technology stack.
You acknowledge and accept that:
- The blockchain networks, marketplace APIs, indexing services, and data providers upon which the App depends are not controlled by Lokie Labs and may change their interfaces, rate limits, data availability, or operational status at any time.
- Features, integrations, and supported networks may be added, modified, or removed as the underlying infrastructure evolves.
- The experimental nature of the App means that certain features may operate in a preliminary or incomplete state and may not perform as expected under all conditions.
- Lokie Labs is under no obligation to maintain backward compatibility or to continue supporting any specific blockchain, marketplace, API, or third-party integration.
Your use of the App during any beta or experimental phase is entirely at your own risk, and the disclaimers and limitations of liability set forth in these Terms apply with full force.
Third-Party Data and Infrastructure Dependencies
The App depends on data and services provided by third parties, including but not limited to NFT marketplace operators (such as OpenSea), blockchain node providers (such as Alchemy), data indexers, price oracles, and social media platforms (such as X/Twitter). Lokie Labs does not control, operate, or guarantee the accuracy, completeness, availability, or reliability of any third-party data, service, or infrastructure.
Without limiting the foregoing:
- NFT listing data, pricing information, collection metadata, and transaction records are sourced from third-party APIs and may be incomplete, delayed, inaccurate, or temporarily unavailable.
- Changes to third-party API terms, rate limits, data formats, or access policies may affect the App's ability to detect listings, deliver alerts, or display accurate information.
- Lokie Labs is not responsible for any errors, omissions, or interruptions in third-party data or services, and shall not be liable for any loss or damage arising from reliance on such third-party data.
You acknowledge that the quality and timeliness of the Services are inherently dependent on factors outside of Lokie Labs' control.
Automated Detection and Alert Logic
The App employs automated algorithms and detection logic to monitor NFT listings across supported marketplaces and blockchains. You acknowledge and accept that:
- Alert triggering relies on automated processes that continuously scan third-party marketplace data feeds. These algorithms may not detect every relevant listing, and there may be delays between a listing appearing on a marketplace and the App detecting and processing it.
- No automated detection system is infallible. Listings may be missed due to API rate limits, data feed interruptions, indexing delays, temporary marketplace outages, or edge cases in the detection logic.
- Lokie Labs does not guarantee that every qualifying listing will trigger an Alert, nor that triggered Alerts will be delivered instantaneously or within any specific timeframe.
- The detection algorithms, monitoring frequency, and processing logic may be modified, updated, or replaced at any time without prior notice.
- Lokie Labs expressly disclaims any liability for missed listings, delayed alerts, or failure to detect any particular NFT listing, regardless of the cause.
You bear sole responsibility for independently monitoring NFT marketplaces and making purchasing decisions. The App is a supplementary monitoring tool and should not be relied upon as your sole source of listing information.
Payments and Pricing
A) Payment Method
Alert creation fees are payable in ApeCoin ($APE) on the ApeChain network. The user must have a sufficient balance of $APE in their connected Wallet to complete the transaction.
B) Pricing
Prices are denominated in United States Dollars (USD) and converted to $APE at the prevailing exchange rate at the time of the transaction. Pricing may vary based on alert duration, selected add-ons (such as target price filters and email notifications), and applicable discounts.
C) RILLAZ Holder Discounts
Users who hold RILLAZ or RILLAZ DEPIX NFTs in their connected Wallet may be eligible for tiered discounts on Alert creation fees. Discount tiers are determined by the number of eligible NFTs held at the time of the transaction and are subject to change at Lokie Labs' sole discretion. Holding status is verified on-chain at the time of each transaction.
You expressly acknowledge and agree that:
- RILLAZ holder discounts are strictly promotional benefits offered at the sole discretion of Lokie Labs. They do not constitute contractual rights, entitlements, or vested interests of any kind.
- Discount eligibility is determined exclusively through on-chain verification of NFT holdings in the connected Wallet at the time of each individual transaction. Lokie Labs relies on publicly available blockchain data for this verification and assumes no liability for on-chain data inaccuracies, indexing delays, or verification failures.
- Discount tiers, percentages, eligibility criteria, and the qualifying NFT collections are subject to modification, suspension, or removal at any time, at Lokie Labs' sole discretion, without prior notice or compensation.
- Lokie Labs reserves the right to revoke, modify, or suspend discount eligibility for any user at any time, including where Lokie Labs suspects abuse, manipulation, circumvention of the discount system, or use of multiple wallets to artificially inflate discount eligibility.
- The existence of a discount program at any given time does not create any obligation on the part of Lokie Labs to maintain, continue, or restore such program in the future.
- No discount is guaranteed to apply to any future transaction, even if it applied to a prior transaction under similar circumstances.
D) Refunds and Right of Withdrawal
All payments made in cryptocurrency are final and non-refundable. Due to the nature of blockchain transactions, Lokie Labs cannot reverse, cancel, or refund completed payments. You acknowledge and accept this limitation before making any payment.
In accordance with Article 16(m) of Directive 2011/83/EU (as transposed into Spanish law), you expressly acknowledge and agree that: (i) the digital service (Alert creation and monitoring) begins immediately upon confirmation of the blockchain payment transaction; (ii) the performance of the service has thus begun with your prior express consent; and (iii) you thereby waive your right of withdrawal under the applicable consumer protection laws, to the extent permitted by law. You will be reminded of this waiver before completing each payment.
E) No Financial Advice
The App is a monitoring and notification tool only. Nothing on the App constitutes financial, investment, trading, or any other type of advice. Lokie Labs does not recommend the purchase, sale, or holding of any NFT or cryptocurrency. All purchasing decisions are made at the user's sole discretion and risk.
F) Business Model Flexibility
Lokie Labs reserves the right, at its sole discretion and without prior notice or compensation, to:
- Modify, adjust, or restructure the pricing of any Service, feature, or add-on at any time, including but not limited to alert creation fees, notification add-ons, and any future premium features.
- Introduce, modify, or discontinue subscription tiers, pricing models, payment methods, or billing frequencies.
- Impose, modify, or remove limits on the number of alerts, notification channels, monitoring durations, or any other Service parameters on a per-user or per-tier basis.
- Introduce new paid features or convert previously free features to paid offerings.
- Modify or discontinue discount programs, promotional offers, loyalty rewards, or referral incentives.
Continued use of the App after any such changes constitutes your acceptance of the modified terms. If you do not agree with any pricing or feature changes, your sole remedy is to discontinue use of the App.
Tax Responsibility
You are solely responsible for determining and fulfilling any tax obligations arising from your use of the App, including but not limited to income tax, capital gains tax, value-added tax (VAT), or any other taxes applicable to transactions involving cryptocurrencies, NFTs, or digital assets in your jurisdiction.
Lokie Labs does not provide tax advice and makes no representations regarding the tax consequences of using the Services or engaging in any transactions in connection with the App. Lokie Labs does not assume any tax reporting, withholding, or remittance obligations on behalf of users, except where expressly required by applicable law.
You are encouraged to consult a qualified tax professional regarding your individual circumstances.
Intellectual property
All content on the App, including, but not limited to, text, images, graphics, designs, systems, methods, information, data, computer or other code, software, services, products, articles, audio, video, illustrations, photographs, as well as all trademarks, registered or unregistered, names, logos, trade dress, slogans, or any other item or proprietary material contained on the App belong to Lokie Labs (and/or their respective owners) and are protected against use, misuse, reproduction, imitation, dilution, or misleading or deceptive uses by Spanish and/or European and/or international intellectual property protection laws.
In no event do these Terms or your access to and browsing of the App grant any license or assignment in whole or in part, even by implication, any right or interest in such content, and you may not claim any intellectual property or proprietary rights in such content. We (and/or their respective owners) shall retain all present and future rights to the content of the App. Therefore, any use, copying, reproduction, modification, translation, storage, posting, transmission, transfer, distribution, public communication, licensing, creation of derivative works based on, performance, display, sale or exploitation in any other manner and for any purpose, or any other infringement of intellectual property rights, in whole or in part, without the prior consent of Lokie Labs (and/or their respective owners), is expressly prohibited.
You expressly agree to comply with all applicable intellectual property rules, as well as any additional restrictions contained on the App, and will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App.
Lokie Labs expressly reserves the right to bring any civil and criminal actions under Spanish and foreign law that it may be entitled to as a consequence of the infringement of the peaceful possession and/or unauthorized use of its intellectual property rights.
NFT artwork, images, and metadata displayed on the App are the property of their respective creators and/or rights holders. The display of such content within the App is for informational and monitoring purposes only and does not imply any license, endorsement, or affiliation between Lokie Labs and the respective NFT projects.
Responsibility and commitments of the user
You assume your responsibility to make proper use of the App, and to this end, you expressly undertake, by way of example but not exhaustively, to the following:
- To use the App and the Contents and Services incorporated therein in accordance with the Law, with the General Conditions of Contract and with Legal Notices published on the App, with these General Conditions of Use, and of each of the Contents and Services, generally accepted good customs, practices and morality and public order, and without causing injury to the rights of third parties or to the operation of the App itself.
- Use the App and the Contents and Services incorporated therein in an appropriate manner, in accordance with the purpose for which it has been made available.
- Maintain the security of your Wallet and be solely responsible for all activity conducted through your connected Wallet on the App.
- Provide accurate and truthful information when setting up your profile and email address.
Express prohibitions on use
For these purposes, and by way of example, but without limitation, you agree not to use the App or any of its Content and Services to do any of the following:
- Use, display, mirror or frame the App or any individual element within the App, the name of the App, any trademark, logo or other proprietary information of Lokie Labs, or the layout and design of any page or form contained on a page, without the express written consent of Lokie Labs.
- Access, tamper with or use non-public areas or restricted resources of the App, Lokie Labs' computer systems or the technical delivery systems of Lokie Labs' suppliers.
- Attempt to or actually probe, scan or test the vulnerability of any Lokie Labs system or network or breach any security or authentication measures available or accessible through or related to the App and any of the Content and Services incorporated therein.
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measures implemented by Lokie Labs or any of Lokie Labs' suppliers or any other third party (including another user) to protect the App.
- Attempt or actually attempt to access or search the App or download content from the App using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Lokie Labs or other generally available third-party web browsers.
- Use the App, or any part thereof, for commercial purposes or for the benefit of any third party or in any manner not permitted by these Terms. You may not commercially exploit the App in any manner that constitutes a loss of business to us or generates revenue for you or any third party.
- Attempt to modify, adapt, translate, decipher, decompile, disassemble or reverse engineer any of the software used to provide the App.
- Interfere or attempt to interfere with any user, host or network access, including, without limitation, by submitting a virus, overloading, flooding, spamming or mail-bombing the App.
- Disrupt and/or obstruct the proper functioning of the App by any means appropriate for such purpose.
- Impersonate or misrepresent your affiliation with any person or entity.
- Use the App to facilitate, promote, or engage in market manipulation, wash trading, insider trading, front-running, or any other form of fraudulent or deceptive activity in connection with NFTs or digital assets.
- Create multiple accounts or use multiple Wallets to circumvent alert limits, abuse the Points system, manipulate the Leaderboard, or exploit discount tiers.
- Use the App's notification features (including X/Twitter and email notifications) to harass, spam, or otherwise cause harm to any third party.
- Copy, reproduce, alter, modify, create derivative works or publicly display any of the Contents and Services or the App itself.
- Use robots, spiders or other automated devices or manual processes to monitor or copy any of the Content and Services offered through the App; or the App itself.
- Use the App for any purpose that is unlawful, immoral, offensive or for any other purpose that would violate or infringe any applicable law.
- Encourage or enable any other person to do any of the foregoing.
AML, Sanctions and Regulatory Compliance
You represent and warrant that:
- You are not listed on any sanctions list maintained by the European Union, the United Nations, the United States (including the Office of Foreign Assets Control, OFAC), the United Kingdom, or any other applicable sanctions authority.
- You are not located in, organized in, or a resident of any country or territory that is the subject of comprehensive sanctions (including, without limitation, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine, or any other jurisdiction designated from time to time).
- You are not acting on behalf of, or for the benefit of, any sanctioned person or entity.
- Your use of the App does not violate any applicable anti-money laundering (AML), counter-terrorist financing (CTF), or sanctions laws and regulations, including Regulation (EU) 2015/849 (as amended) and any applicable Spanish implementing legislation.
Lokie Labs reserves the right, at any time and without prior notice, to:
- Block, restrict, or terminate access to the App for any wallet address or user associated with, or suspected of being associated with, sanctioned persons, jurisdictions, or illicit activity.
- Suspend or terminate accounts where required or recommended by applicable law, regulation, or governmental or regulatory authority.
- Cooperate with law enforcement, regulatory authorities, and competent courts in connection with any investigation relating to the use of the App.
Any violation of this section shall constitute a material breach of these Terms and may result in immediate termination of access to the App without notice or liability to Lokie Labs.
Abuse and Enforcement
Lokie Labs reserves the right to monitor, investigate, and take action against any conduct that Lokie Labs, in its sole discretion, considers to be abusive, fraudulent, manipulative, or in violation of these Terms. Without limiting the foregoing, Lokie Labs may:
- Monitor wallet activity and usage patterns to detect abuse, manipulation, or suspicious behavior.
- Revoke, modify, or suspend any discounts, Points, or other benefits granted to a user.
- Suspend or terminate a user's access to the App, in whole or in part, without prior notice.
- Investigate suspicious wallet behavior, including patterns consistent with Sybil attacks, wash trading, or coordinated manipulation.
- Cooperate with law enforcement, regulatory authorities, and other third parties in connection with any investigation or legal proceeding.
Any determination by Lokie Labs regarding abusive or prohibited conduct shall be made at Lokie Labs' sole discretion and shall be final and binding.
Blockchain and NFT Risks
You acknowledge and accept the following risks inherent to blockchain technology and NFTs:
- Volatility: The value of cryptocurrencies (including $APE) and NFTs can fluctuate significantly. Lokie Labs is not responsible for any loss of value.
- Transaction irreversibility: Blockchain transactions, once confirmed, cannot be reversed, cancelled, or modified.
- Network risks: Blockchain networks may experience congestion, outages, forks, or other disruptions that may affect the App's functionality or the timeliness of notifications.
- Smart contract risks: NFT marketplaces and blockchain protocols rely on smart contracts that may contain bugs, vulnerabilities, or unexpected behavior.
- Regulatory uncertainty: The regulatory landscape for NFTs and digital assets is evolving. Changes in laws or regulations may affect the availability or functionality of the Services.
- Wallet security: You are solely responsible for the security of your Wallet, including safeguarding your private keys and seed phrases. Lokie Labs has no ability to recover lost or compromised Wallets.
- Alert accuracy: While Lokie Labs endeavors to provide timely and accurate alerts, the App depends on third-party APIs, marketplace data, and blockchain networks. Lokie Labs does not guarantee the accuracy, completeness, or timeliness of any alert or notification.
Indemnification
Lokie Labs may claim from you, through the established legal channels, compensation for damages for improper use of the App and/or its Content and Services, or for use in contravention of these Terms, for which you as the user are primarily responsible.
You agree to defend, indemnify and hold harmless Lokie Labs and the Lokie Labs Indemnified Parties from and against any claims, damages, losses, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any transaction you enter into in connection with NFTs or digital assets based on information or notifications received through the App.
Advertising
You are aware that the App may include advertising and you accept it freely and voluntarily.
Links to third-party websites or resources
The App may allow access through links to third party websites or resources for the convenience of users, including but not limited to NFT marketplace listings, blockchain explorers, and social media platforms. However, the destinations of third-party links are not under the control of Lokie Labs and, therefore, we are not responsible for the content, products or services of such links or resources, which may be governed by terms of use different from those contemplated herein. You acknowledge and expressly agree that you assume all risks arising from your use of such third-party links or resources and that you are solely responsible for such use and any consequences thereof.
The establishment of links between third-party websites and this App does not imply, in any case, the existence of a relationship between Lokie Labs and the owner of other websites, nor the acceptance and approval by Lokie Labs of their contents or services.
Modification, suspension and/or withdrawal of the App and/or any or all of its Content and Services or access thereto
Lokie Labs reserves the right, at any time and without prior notice, to:
- Modify the presentation and configuration of the App and the Content and Services that may be incorporated therein, as well as the conditions required to access and/or use them, at its sole discretion.
- Suspend, withdraw, restrict or terminate your access to and use of the App and the Content and Services that may be incorporated therein, in its sole discretion.
- Modify, reset, or discontinue the Points system, Leaderboard, discount structures, supported blockchains, or supported marketplaces.
You acknowledge and agree that at any time Lokie Labs may discontinue, restrict, disable and/or terminate any of these elements that are incorporated into the App or your access thereto, in Lokie Labs' sole discretion and without prior notice to you.
Such suspension, restriction or termination shall not constitute a breach of these Terms by Lokie Labs, and in no event shall Lokie Labs be liable for any direct or indirect loss (including loss of profits, business or opportunity), damages or costs suffered by you or any other person or entity due to such termination, suspension or restriction of access to or use of the App or any of its Content and Services.
In addition, Lokie Labs has the absolute authority to remove or modify inactive users of the App in its sole discretion.
Exclusion of warranties and liability
Lokie Labs does not warrant the continuity, availability, usefulness or quality of the App. Lokie Labs will make every effort to ensure the proper functioning of the App, however, Lokie Labs makes no representations or warranties that access to the App will be uninterrupted or error free. Nor does Lokie Labs make any representation or warranty that any content or software that may be accessed through this App will be error free or cause damage to the user's computer system (software and hardware). In no event shall Lokie Labs or any of its licensors, affiliates, representatives, shareholders, suppliers, or their respective directors, employees or agents (the "Lokie Labs Indemnified Parties") be liable to you or any third party for any loss, damage or injury of any kind arising from accessing, browsing and using the App, or the products or third-party sites and products, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.
More broadly, you acknowledge and agree that in no event will Lokie Labs or any of the Lokie Labs Indemnified Parties be liable to you or any third party for any lost profits or any direct or indirect, consequential, exemplary, incidental, special or punitive damages arising out of these Terms, the App, the Content, the Services, the products or third party sites and products, or for any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill or loss of data, interruption of service, computer damage or system failure, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if Lokie Labs has been advised of the possibility of such damages.
Without limiting the foregoing, Lokie Labs expressly disclaims any liability for:
- Any financial loss resulting from the purchase, sale, or holding of any NFT or digital asset, whether or not such transaction was made in reliance on information or notifications provided by the App.
- Any delay, failure, or inaccuracy in the delivery of alerts or notifications, including delays caused by third-party API outages, blockchain network congestion, or marketplace downtime.
- Any loss arising from the user's failure to act on an alert or notification in a timely manner.
- Any unauthorized access to or use of the user's Wallet or account.
- Any missed NFT purchase opportunity, including but not limited to listings that were not detected by the App's automated algorithms, alerts that were not delivered in time, or listings that were purchased by other buyers before you could act.
- Any loss of profit, anticipated savings, or expected financial gain arising from missed trading or purchasing opportunities, whether or not such opportunities were the subject of an active Alert.
- Any inaccuracy, incompleteness, or delay in data provided by the App's automated detection algorithms, third-party marketplace APIs, blockchain indexers, or data providers.
Neither Lokie Labs nor any of the Lokie Labs Indemnified Parties shall be liable for any damages that may be incurred by users through improper use of this App. In particular, Lokie Labs shall not be liable in any way for any failure, breakdown, interference, interruption, failure or defect of telecommunications or unlawful interference that may occur.
You acknowledge and voluntarily agree that your use of the App and the Content and Services incorporated therein, or products or third-party sites and products, is, in any event, at your own discretion and risk and at your sole, absolute and exclusive responsibility. Therefore, you expressly agree that Lokie Labs does not warrant to you that the App will meet your requirements, that it will be uninterrupted, secure or free from error or unwanted and/or unlawful interference by third parties, or that the content or information appearing on the App will be of high quality, accurate, current, truthful, complete or reliable. Any reliance you place on the App, its continuity, security, reliability, content or information is strictly at your own risk.
To the maximum extent permitted by applicable law, it is further expressly agreed that in no event shall the aggregate liability of Lokie Labs and the other Indemnified Parties arising out of these Terms or the use or inability to use the App and/or the Content and Services, or any other related matter, exceed one hundred euros (€100).
Notwithstanding anything to the contrary in these Terms, nothing in these Terms shall limit or exclude liability for:
- Death or personal injury caused by negligence.
- Fraud or fraudulent misrepresentation.
- Willful misconduct (dolo) or gross negligence (culpa grave).
- Any other liability that cannot be limited or excluded under applicable mandatory law, including mandatory EU consumer protection laws.
You acknowledge that this section is essential and a fundamental element of the basis of the agreement between Lokie Labs and you.
Transfer, assignment and delegation
These Terms, and any rights and obligations granted hereunder, are limited, revocable, non-exclusive and personal to you and, therefore, may not be transferred, assigned or delegated by you to any third party without our written consent, but may be transferred, assigned or delegated by us without notice or restriction to any entity within the Lokie Labs group of companies, worldwide, and to any person or entity succeeding you in the conduct of your business in any capacity whatsoever. Any attempted transfer or assignment in violation hereof shall be null and void.
Severability
If any provision of these Terms is determined by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision shall be changed and interpreted to achieve the objectives of the provision to the greatest extent possible under applicable Law.
Entire agreement
These Terms constitute the entire agreement between the parties with respect to their subject matter and supersedes and invalidates all other prior representations, arrangements, understandings and agreements relating to the same subject matter (whether oral or in writing, express or implied). Each party acknowledges that in agreeing to these Terms it is not relying on any statement, representation, warranty or understanding other than those expressly set out in these Terms.
Waiver
No failure, inaction or delay by us in exercising any right under these Terms shall be construed as a waiver or acquiescence of such right, and no waiver shall be effective unless in writing and signed by an authorised representative of Lokie Labs.
Force majeure
Lokie Labs shall not be liable for inadequate performance of its obligations under these Terms for reasons beyond its control, including but not limited to governmental legislation, regulatory enforcement actions, sanctions changes or designations, court orders or injunctions, accidents, floods, fires, natural disasters, wars, armed conflicts, terrorist attacks, nuclear incidents, chemical contamination, cyber-attacks by third parties, epidemics, pandemics, strikes, lockouts, blockchain network outages or forks, smart contract failures, third-party API disruptions or shutdowns, cryptocurrency exchange disruptions or delistings, DAO governance changes affecting integrated protocols, infrastructure provider terminations, cloud hosting outages, or changes in applicable law or regulation.
Applicable law and jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Spain.
For the resolution of disputes that may arise from these General Terms and Conditions of Use, you expressly agree to submit to the jurisdiction of the Courts and Tribunals where Lokie Labs has its registered office in Spain.
Notwithstanding the foregoing, if you are a consumer habitually resident in a Member State of the European Union, you shall also enjoy the protection afforded to you by the mandatory provisions of the consumer protection law of your country of residence. In accordance with Regulation (EU) No 1215/2012, consumers may bring proceedings in the courts of the Member State in which they are domiciled. Nothing in these Terms shall deprive you of any mandatory consumer protection rights that apply to you under the laws of your country of residence.
Collective claim waiver
To the extent permitted by applicable law, you agree that you may bring claims against Lokie Labs only in your individual capacity and not by way of any joint or collective claim (suit, complaint, or otherwise). This waiver does not apply where prohibited by mandatory consumer protection laws applicable in your jurisdiction, including but not limited to Directive 2020/1828/EU on representative actions for the protection of the collective interests of consumers.
Survival
In the event of termination or expiration of these Terms, or the cessation of your use of the App for any reason, the following sections shall survive and continue in full force and effect: Regulatory Positioning Disclaimer, Tax Responsibility, Intellectual Property, AML, Sanctions and Regulatory Compliance, Exclusion of Warranties and Liability, Indemnification, Blockchain and NFT Risks, Transfer, Assignment and Delegation, Severability, Applicable Law and Jurisdiction, Collective Claim Waiver, Governing Language, and this Survival clause.
Governing Language
These Terms have been drafted in the English language. In the event that these Terms are translated into any other language, the English language version shall prevail in case of any discrepancy or inconsistency between the English version and any translation.
Contact
If you have any questions about these Terms or the App, please contact Lokie Labs at contact@lokielabs.com or through the contact form on the RILLAZ website.