Terms of use

Definitions governing every Part that follows

1.1 The terms defined in this Part carry those meanings throughout this instrument.

• "we", "us" and "our" mean AI WEB3 SERVICES PTY LTD, ACN 696 596 406, ABN 43 696 596 406, a proprietary company limited by shares registered in New South Wales, Australia.
• "you" means the person accessing the website, and where that person does so for another entity, it means that entity as well.
• "these terms" means this instrument, including its Parts, headings and tables.
• "the website" means the pages published at aiweb3.co.im and every file served from that domain.
• "public ledger data" means data that a permissionless blockchain publishes to every person who asks for it, read by us from a node or an archival provider without any credential or signature.
• "a view" means an analytical presentation constructed from public ledger data that we build or intend to build.
• "content" means the text, tables, images, stylesheets, scripts, structure and arrangement of the website.
• "the ACL" means the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• "the Corporations Act" means the Corporations Act 2001 (Cth).
• "consumer" carries the meaning given to it by section 3 of the ACL.

1.2 A reference to a statute includes any instrument made under it and any provision substituted for it. The singular includes the plural. "Includes" is not a word of limitation. Headings do not affect meaning. "Business day" means a day other than a Saturday, Sunday or public holiday in New South Wales.

Offer, acceptance and scope of the contract

2.1 These terms form a contract between you and us. Accessing the website is acceptance of them. If they are not acceptable to you, closing the page is the remedy; nothing here requires an account, so leaving costs nothing and leaves nothing behind.

2.2 These terms govern the website. Where a view is published in future, it may carry supplementary terms specific to it. Those supplementary terms prevail over these to the extent of any inconsistency, and only for that view.

2.3 These terms govern your use of a website that describes what this company builds and intends to build. They are not a contract for the supply of a view or of any other service, and Part 9 governs what happens when a view is offered.

2.4 No representation made outside these terms forms part of the contract, save that nothing in this clause excludes liability for a statement that was misleading or deceptive within the meaning of section 18 of the ACL.

Contractual terms, not marketing statements

3.1 The four statements in this Part are terms of this contract. They are set out here so that they can be relied on and enforced, rather than believed. A breach of any of them is a breach of contract.

3.2 Custody

We do not hold, control, move, safeguard or possess the technical means of accessing any person's assets, private keys, seed phrases, wallets or funds. We build no transaction, put a signature to nothing, and push nothing onto any chain. Nothing we operate will request a wallet connection, an allowance approval, a signature or a transfer of funds.

3.3 Exchange

No trade is matched, routed, executed, cleared or settled here. We operate no order book, no matching engine, no over the counter desk, no request for quote facility, and no arrangement through which offers to acquire or dispose of anything are regularly made or accepted. We are not a digital currency exchange provider within the meaning of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and hold no registration with AUSTRAC as one, because we do not carry on that business.

3.4 Token

We have not issued, minted, distributed, sold, airdropped or promoted a token, coin, non-fungible token or other digital asset, and we do not intend to. There is no presale, no allocation, no points scheme convertible into anything, and nobody is authorised to offer any such thing on our behalf.

3.5 Advice

Dealt with in Part 4, which it needs.

Corporations Act 2001 (Cth), s 766B and s 911A

4.1 Nothing published by us is financial product advice within the meaning of section 766B of the Corporations Act. Neither personal advice nor general advice is given. Nothing we publish takes account of your objectives, your financial situation or your needs, and nothing should be read as though it did.

4.2 We hold no Australian Financial Services Licence. We are not an authorised representative of a licensee, and we do not rely on any relief from the licensing requirement in section 911A of the Corporations Act, because we do not carry on a financial services business.

4.3 We publish no recommendation, rating, ranking, signal, price target, valuation, forecast or opinion about whether any digital asset, token, protocol, contract or arrangement is worth acquiring, holding or disposing of. Where a future view presents a number, the number is a measurement of what a public chain records, and a measurement is not a recommendation.

4.4 Digital assets are volatile. The whole of an amount committed to one can be lost, and has been, by careful people. Before acting on anything you read, here or anywhere, consider obtaining advice from a person who holds an Australian Financial Services Licence and who is accountable for the advice they give.

4.5 Clause 4.4 is a disclaimer and not an inducement. We are not suggesting that you acquire anything, and we would rather a reader left this site having decided to do nothing at all.

Australian Consumer Law, ss 51 to 64A

5.1 This Part is placed ahead of Part 14 deliberately. Where anything in these terms conflicts with a right you have under the ACL, the ACL right prevails and the conflicting provision has no effect to the extent of the conflict.

5.2 If you acquire anything from us as a consumer, the ACL confers guarantees that cannot be excluded, restricted or modified. Section 64 of the ACL renders void any provision that purports to do so, and nothing in these terms is intended to have that operation.

5.3 Those guarantees include the rendering of services with due care and skill, reasonable fitness for a purpose made known, and supply inside a reasonable time. Where one is not met, the ACL gives you remedies against us, and Part 14 does not touch them.

5.4 Where a view is supplied to a person for consideration, the guarantees described in clause 5.3 are engaged from that moment. Clause 5.1 is stated in advance so that the position is settled before rather than after the first thing is supplied.

5.5 Nothing in these terms excludes liability for fraud, for a statement that was misleading or deceptive under section 18 of the ACL, or for any other liability that the law does not permit us to exclude.

Licence granted to a reader

6.1 We grant you a non-exclusive, non-transferable, revocable licence to access the website and to read, print and store its pages for your own information.

6.2 Quotation is permitted without asking us. You may reproduce a reasonable extract of the content in commentary, reporting, research or diligence, provided the extract is attributed to AI WEB3 SERVICES PTY LTD and, where the medium permits, linked to the page it came from.

6.3 Clause 6.2 is a deliberate permission rather than an oversight. A page that states a regulatory position is more useful if the position can be quoted accurately elsewhere, and a permission granted in advance removes the need to ask.

6.4 The licence in clause 6.1 does not extend to reproducing the website as a whole, to presenting it as your own, or to any use inconsistent with Part 7.

Conduct constituting a breach of these terms

7.1 You must not do any of the following in connection with the website.

• Represent yourself as us, or as authorised by us, in any medium.
• Reproduce the content in a way that suggests we endorse a product, a token, an offering or a person.
• Attempt to gain access to a system, account or credential of ours, or probe, scan or test the security of the website other than by reporting a suspected defect under clause 13.4 of the privacy policy.
• Interfere with the availability of the website, including by an automated request pattern that degrades service for other readers.
• Use the website in a manner that contravenes an Australian law, or that infringes the rights of another person.
• Circumvent, remove or obscure a notice, attribution or disclaimer contained in the content.

7.2 Ordinary, well-behaved indexing by a search engine is permitted and is not caught by the fourth item in clause 7.1. So is a reasonable rate of automated retrieval for research or archival purposes; the prohibition is directed at conduct that degrades the service, not at machines as such.

7.3 Breach of this Part entitles us to withdraw the licence in Part 6 and to take any step available at law. It does not entitle us to pursue a person who reported a security defect in good faith, and clause 13.4 of the privacy policy states that position.

The evidentiary limits of a public chain

8.1 Everything we read is public ledger data. We are a reader of chains rather than a source of truth about them, and the limits below are properties of the underlying data rather than defects in our work.

• A chain records that a transfer occurred. It does not record why it occurred, whether it was authorised, or whether the person operating an address intended what the transfer achieved.
• A finalised block can still be reorganised on some chains. A figure read before finality may be superseded, and a view is only as current as the block height it names.
• An archival provider can be incomplete, can lag, and can serve a pruned or reorganised history. Where a view depends on such a provider, it inherits that provider's defects.
• A bridge, a wrapped asset or a custodial arrangement has an off-chain leg that no chain records. What cannot be observed on a chain will be marked as unobserved rather than estimated.
• Decoding a contract call requires a source or an interface definition. Where neither is available, the call is presented as raw calldata and is not guessed at.

8.2 A view, once published, will state the chain, the block range and the time at which it was computed. A figure without those three things is not a claim we make.

8.3 We do not warrant that public ledger data is accurate, complete or current, because we do not produce it and cannot correct it. We warrant only that we will not knowingly misrepresent what we read, and that where a view is wrong we will say so on this website rather than quietly amend it.

8.4 Nothing in a view is a statement about the identity of a person operating an address. Part 18 of the privacy policy states the position and the reasons for it.

No uptime commitment is given

9.1 The website is provided as it stands. We give no availability commitment, no uptime percentage and no service level, and we do not undertake that access will be uninterrupted or free of error.

9.2 We may change, suspend or withdraw any part of the website at any time. Where a change alters a statement of our regulatory position, Part 16 governs the notice given for it.

9.3 Where a view has been published and is then discontinued, we will give at least 60 days notice on this website before access ends, we will stop accepting new users immediately on announcing it, and we will state what happens to anything held for existing users. That commitment binds us from the moment a view is released.

9.4 A commitment expressed in clause 9.3 is given now, before any view exists, because a commitment made in advance is worth more than one offered at the point of withdrawal.

Ownership of the content, and what is not owned

10.1 The content is owned by us or licensed to us, and copyright in it is reserved except as permitted by Part 6 or by law.

10.2 Public ledger data is not ours. It is published by chains that nobody here operates, and we assert no proprietary right over the underlying records. What we may own is a particular arrangement, selection or presentation of those records.

10.3 A trade mark, protocol name, chain name or product name appearing in the content that belongs to another person is used descriptively, to identify the thing being discussed. Its use is not a claim of ownership and does not imply an association with, or endorsement by, its owner.

10.4 The photographs on this website are illustrative. They show no premises we occupy, no equipment we own and no work performed for any person, and each carries a caption saying so.

10.5 A copyright or trade mark claim should be sent to [email protected] with "Legal" in the subject line, identifying the work, the basis of the claim and how to reach you. We answer within 5 business days.

Responsibility for destinations we do not control

11.1 The content links to material published by others, including Australian regulators and public registers. A link is provided so that a statement made here can be checked against its source.

11.2 We do not control a linked destination, do not endorse its contents by linking to it, and accept no responsibility for it. A destination may change after this page was written.

11.3 We are not paid to link to anything. There is no affiliate arrangement, no referral fee, no sponsored placement and no commercial relationship behind any link in the content.

11.4 The website loads three type families from Google's font hosts. That is the only resource requested from a domain other than our own, and the cookie notice explains what the request discloses and how to prevent it.

Incorporation of the privacy policy

12.1 Personal information is handled under the privacy policy, which is incorporated into these terms by reference and governs in the event of any inconsistency about the handling of personal information.

12.2 The short position: correspondence and a short-lived server log are the entirety of what is held; no cookie is written by this website; there is no analytics; and deletion of data may be requested at any time and is completed within 30 days.

12.3 Nothing here requires you to identify yourself in order to read it, and no page transmits anything you type to us.

A contractual term about how we will and will not contact you

13.1 We operate one channel: the address [email protected] and the pages served from this domain. We run no telephone line, no social account, no chat group and no messaging channel.

13.2 We undertake, as a term of this contract, that we will never ask you to connect a wallet, sign a message, approve a token allowance, disclose a private key or seed phrase, install an extension, or send funds to any address.

13.3 It follows that any communication asking you to do one of those things in our name is not from us, whatever it looks like. Clause 13.2 is stated as a contractual undertaking precisely so that the test is objective rather than a matter of judging a message's tone.

13.4 Report an impersonation to the address in clause 13.1 with "Impersonation" in the subject line. A report is answered on the same or the next business day, and we would rather receive ten reports about nothing than miss one about something.

Subject in every respect to Part 5

14.1 This Part operates subject to Part 5. Nothing in it excludes, restricts or modifies a guarantee, right or remedy conferred by the ACL or by any other law where that exclusion would be void.

14.2 Subject to clause 14.1, we are not liable for the following.

• A decision to acquire, hold or dispose of any digital asset. We publish no advice, and Part 4 says so.
• Loss arising from a chain, a protocol, a bridge, a contract or a third party service, none of which we operate.
• Loss arising because public ledger data was inaccurate, incomplete, reorganised or unavailable, which Part 8 addresses.
• Loss arising from a communication that was not ours, where Part 13 identifies the test for authenticity.
• Loss that is indirect or consequential, together with lost profit, lost revenue, lost business, lost goodwill, a saving that had been anticipated, or data, where the loss falls on a person acting in trade rather than as a consumer.
• Loss that was not reasonably foreseeable when these terms were accepted.

14.3 Subject to clause 14.1, everything we could be liable for in connection with the website and with anything we publish — in contract, in tort including negligence, under statute or otherwise — is capped in total at whichever is the greater of one hundred Australian dollars and the sum you have paid us across the preceding 12 months.

14.4 The cap in clause 14.3 leaves untouched any liability the law forbids us to limit: fraud, death or personal injury resulting from negligence, and a contravention of section 18 of the ACL.

14.5 We do not exclude liability for a breach of Part 3 or Part 13. Those undertakings would be worth nothing if the same document disclaimed responsibility for departing from them.

Limited to conduct prohibited by Part 7

15.1 You indemnify us against loss we suffer arising from your breach of Part 7, from your use of the website in contravention of an Australian law, or from your infringement of another person's rights through the website.

15.2 The indemnity in clause 15.1 does not extend to loss caused by our own act, omission or breach, and does not apply to the extent that our conduct contributed to the loss.

15.3 The indemnity does not reach a person who acts as a consumer for ACL purposes, where applying it would contravene section 64 of the ACL.

15.4 We will notify you promptly of a claim to which the indemnity is said to apply, will not settle it without consulting you, and will take reasonable steps to mitigate the loss.

How a change is made, and from when it operates

16.1 These terms carry a version number and an effective date, both shown beneath the title. A change of substance increments the version; a typographical correction does not.

16.2 Where an amendment cuts back a right these terms give you, this page carries a notice of it, posted thirty days or more ahead of the date the amendment begins to operate.

16.3 An amendment operates prospectively. It does not alter the position that applied to your use of the website before it took effect.

16.4 The published version is the notice. We hold no mailing list capable of announcing an amendment, and Part 9 of the privacy policy explains why.

New South Wales, non-exclusive

17.1 These terms are governed by the law of New South Wales and the applicable law of the Commonwealth of Australia.

17.2 Each party submits to the jurisdiction, non-exclusive, of New South Wales courts and of any court hearing an appeal from them. It is left non-exclusive so that a person entitled by their own law to sue elsewhere is not stripped of that entitlement by this clause.

17.3 A consumer resident outside New South Wales retains the benefit of any mandatory protection conferred by the law of their place of residence, and clause 17.1 does not displace it.

17.4 Before proceedings are commenced, we ask that the matter be put to us in writing at the address in clause 13.1. Most disputes about a page of text are resolved by correcting the page.

Severance, waiver, assignment, notices and entire agreement

18.1 Severance. A provision of these terms that is void, voidable or unenforceable is read down so far as is needed to make it enforceable, and is severed where reading down cannot achieve that. The remaining provisions continue in force.

18.2 Waiver. A right is waived only in writing. Delay in enforcing a provision, or a failure to enforce it, waives nothing and leaves the right to enforce it later intact.

18.3 Assignment. Your rights under these terms are not assignable. We may assign ours to a successor of the business, and where we do, the successor is bound by Part 3 and Part 13 in the same way we are.

18.4 Notices. A notice to us is given by email to the address in clause 13.1 and takes effect on receipt. A notice to you is given by publication on the website, or by reply to an address from which you have written.

18.5 Entire agreement. These terms, read with the privacy policy and the cookie notice, are the whole of what is agreed between you and us about the website, subject always to clause 2.4 and Part 5.

18.6 Relationship. Nothing in these terms creates a partnership, joint venture, agency, employment or fiduciary relationship between you and us.