Terms, Conditions and Risks

We welcome you (hereinafter referred to as "User" or "you", including "your"/"yours", etc.) to the official website of the game (game mobile application) UMI Walk, its affiliated websites and social networks (hereinafter referred to as "UMI Walk", "Site", "Application" or "we" (including "our"/"ours", etc.)!

Brief Information about the Application

The UMI Walk app is a M2E (Move-to-Earn) and P2E (Play-to-Earn) game with Web3 elements that allows you to earn UMI coins by walking or running outdoors, working out in a gym or other indoor environment (M2E) and/or by playing a clicker game (P2E) where you click on your smartphone screen. Other games or mechanics may also be added in the future.

The application is powered by the UMI blockchain and uses a special Proof-of-Walk algorithm for walking/running and a special algorithm for the clicker game. These algorithms track users' activity and reward them with special UMI game coins. UMI Walk encourages people to interact in fun and social formats, and allows them to keep track of their fitness and health.

Context of these Terms, Conditions and Risks

These Terms, Conditions and Risks are a legal and informational agreement concluded between yourself and UMI Walk regarding your access to and use of the Website and UMI Walk Application, as well as any other websites, applications, social media and other web resources associated with us in any way.

Our services are available to Users only after they accept these Terms, Conditions and Risks. By visiting and/or using the Website or Application, you agree that you have read, understood and agreed to comply with all the rules, norms and injunctions set forth herein. If you do not agree to and/or do not accept the Terms, Conditions and Risks in whole or in part, you are expressly prohibited from using our services and you must immediately stop using them.

We reserve the right, at our sole discretion, to make changes or adjustments to these Terms, Conditions and Risks at any time and for any reason.

You shall regularly review these Terms, Conditions and Risks to stay informed of the changes made to this document. You can find out when the changes were last made by looking for the "Last Update" date indicated at the bottom of this document. By continuing to use the Website and/or the Application after the indicated date, you thereby confirm that you agree to the updated version of the Terms, Conditions and Risks.

You can revoke your consent to these Terms, Conditions and Risks at any time by sending us a written notification to the email address specified in the "Contact Us" section. If you revoke your consent or otherwise cease to fully or partially comply with these Terms, Conditions and Risks and contact us at a later time, you will receive no feedback regarding any financial and other transactions that you may have made on the Website or in the Application or through third-party specialized exchanges, fast buy/sell services, payment systems and any other services.

User Registration

To gain access to certain functions of the Website and Application, you will need to register an account using your email and password. In this case, you undertake to keep your username and password, and are solely responsible for any unauthorized use of your account. Therefore, we shall not be liable for any losses you may incur due to the loss of access to your account or wallet and/or due to the use of your account or wallet by third parties.

Rights and Injunctions on Use

Visiting and using the Website and/or the Application is regulated by a number of rules set out below. The User is fully and solely responsible for compliance therewith. UMI Walk, for its part, shall not be liable for the User's infringement of these rules.

If you have not reached full legal age (according to the laws of your country) and are not 18, you must not visit and use the Website and/or the Application. Based on the above, by visiting and using the Website and/or the Application, you confirm that you have reached the required age.
The Website and/or the Application are not intended for distribution or use in all countries and jurisdictions without exception. This is prohibited if the use of the Website, the Application and/or the distribution of any information about UMI Walk contradicts legislation or regulations in any way (directly or even indirectly), or may entail any registration requirements within such jurisdiction or country. Thus, you warrant and guarantee that you are not a citizen or resident of a country whose laws prohibit you to visit and use web resources in this area in any way. In particular, you also warrant and guarantee that you are not a citizen or resident of:
- The United States of America (as indicated below).
- Other countries where any legislative injunctions or restrictions (even if indirect) are imposed on visiting and using web resources and applications in this area, i. e. related to blockchain technology in any way (hereinafter – the "Prohibited Countries").
- Countries that are under any international sanctions, including those related to the injunction on information of any kind.

Any person who holds citizenship, tax residence or residence permit in the United States of America and other countries with any injunctions mentioned above (hereinafter – the "Prohibited Country" / "Prohibited Countries") has no right to visit and use the Website and / or the Application, as well as to distribute information about it. In view of the above, if you are a citizen, tax resident, temporary or permanent resident of the United States of America or other Prohibited Countries, you must immediately leave and no longer use the Website and/or the Application and refrain from distributing information about it — either independently or with the help of any third parties.

Thus, persons who decide to visit and/or use the Website or Application (or distribute information about it) contrary to the above injunctions shall do so on their own initiative and shall be solely responsible for compliance with local legislation to the extent applicable to them. Once again, we urge you to comply with all the rules prescribed in these Terms, Conditions and Risks, as well as all international laws and laws of your respective country of temporary or permanent residence.

Actions Prohibited on the Website and in the Application

You may not use the Website or the Application for any purposes other than those which the Website and the Application were designed for. The Website and the Application may not be used for any commercial activities, except in the cases legally agreed with UMI Walk.

The prohibited actions in relation to the Website and the Application include, but are not limited to, the following:

Use of any content from the Website or from the Application to create copies, equivalents, compilations or catalogs without our written consent. Copying or adapting software from the Website and the Application, including, but not limited to, HTML, JavaScript or other code.
Use of the Website and the Application in any unauthorized way, including collection of personal user details (names, email addresses and other data) via electronic or other means for the purpose of sending third-party emails, including spam, or creating user accounts automatically or under false pretenses, among other things.
Using robots to perform any operations on the Website and in the Application; using the Website and the Application to advertise or offer various goods and services.
Bypassing, disabling or otherwise interfering with the security functions of the Website and Application, including functions that prevent or restrict the use or copying of any content of the Website or Application; unauthorized publication of links on the Website or in the Application.
Attempt to impersonate another user of the Website and Application or an authorized UMI Walk representative; sale or other transfer of your personal account to any other person. Harassment, intimidation or threats against UMI Walk users, employees or agents.
Misleading our support services, including by sending deliberately false reports of abuse or misconduct; using any automated methods of using the system, such as scripts, to send any messages or using any data mining tools, robots or similar data collection and extraction tools.
Interference with the operation of the Website and Application in order to prevent them normal functioning or partially or completely disable them, including by creating excessive load on the Website and Application or on the servers they use, among other things.
Any insults to other users of the Website and Application or causing them any harm.
Use of the Website and Application and/or their contents for any commercial undertaking for the purpose of generating income or receiving any other benefits.
Decryption, decompilation, disassembly or reverse engineering of any software that includes or in any way forms part of the Website and Application; attempt to circumvent any security mechanisms on the Website and in the Application designed to prevent or restrict access to the Website and Application or any part thereof.
Removal of copyright or other title of ownership notices from any content on the Website or in the Application or from any derived content.
Uploading or transmitting (or attempting to do so) any file infecting viruses or other malicious materials that interfere with the uninterrupted use of the Website and Application or that modify, degrade, disrupt any functions related to the operation or maintenance of the Website and Application.
Uploading or transmitting (or attempting to do so) any materials that constitute a passive or active mechanism for collecting or transmitting data, including, but not limited to, formats such as GIF graphics, 1×1 pixels, web bugs, cookies or other similar tools, also known as "spyware", "passive collection mechanisms" or "PCM", among others.
Development, use or distribution of any automated systems, fraudulent utilities, parsers, scripts or offline readers, among other things, that can be used to gain unauthorized access to the content of the Website and Application.
Causing direct or indirect damage to us and/or the Website and Application. Such damage is determined and assessed at our sole discretion; use of the Website and Application in any manner inconsistent with any applicable laws or regulations.
Any actions on the Site and in the Application, directly or indirectly related to terrorist financing, money laundering, organizing and conducting illegal gambling, among other things, and actions that violate international laws, the laws of your country of residence and/or residency, as well as the laws of the country where the UMI Walk game is registered.
Intentionally taking advantage of technical or technological errors, bugs, glitches and other defects existing on the Site and the Application. If any such factors are detected, the User should immediately report them to UMI Walk.

PLEASE NOTE: YOUR ACCOUNT MAY BE BLOCKED DUE TO THE INFRINGEMENT OF THE TERMS, CONDITIONS AND RISKS WHICH WILL ENTAIL THE LOSS OF VARIOUS OPPORTUNITIES IN UMI WALK, INCLUDING LOSS OF ACCESS TO THE INTERNAL BALANCE, LOSS OF THE ABILITY TO RECEIVE COINS WITHIN THE GAME AND LOSS OF OTHER OPPORTUNITIES ON THE WEBSITE AND IN THE APPLICATION. UNDER NO CIRCUMSTANCES SHALL UMI WALK COMPENSATE YOU FOR THIS LOSS. THUS, BY ACCEPTING THESE TERMS, CONDITIONS AND RISKS, YOU UNDERSTAND AND AGREE THAT IN CASE OF INFRINGEMENT OF THE ESTABLISHED RULES, YOU MAY LOSE NUMEROUS OPPORTUNITIES WITHIN THE UMI WALK (INCLUDING THE CAPABILITY TO RECEIVE COINS FOR WALKING/RUNNING OR PLAYING THE GAME, AS WELL AS THE CAPABILITY TO WITHDRAW COINS FROM THE INTERNAL GAME BALANCE TO YOUR PERSONAL WALLET) WITHOUT THE RIGHT TO ANY COMPENSATION. YOU ALSO AGREE THAT ANY SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE WEBSITE AND/OR THE APPLICATION MAY BE EFFECTED WITHOUT PRIOR NOTICE AND THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SUCH SUSPENSION OR TERMINATION OF ACCESS.

Operations with Cryptocurrencies (Coins), Tokens and other Digital Assets

The Site and Application reserve the right to use centralized exchanges, decentralized exchanges (DEX), trading platforms, wallets and third-party payment services in any way in their operation. If, where available, you choose to buy/sell/exchange/receive/withdraw/transfer digital assets through the Site or App or for use on the Site or App (by any means, including simply clicking on the relevant link) using centralized exchanges, DEXs, trading platforms, wallets or third party payment services, any transaction you choose to make in this way will require you to comply with their own terms and conditions. UMI Walk provides for its part only the functionality of transactions within the Application/Site. Any centralized exchanges, DEX, trading platforms, wallets and third party payment services are not controlled by UMI Walk.

You agree to use centralized exchanges, DEX, trading platforms, wallets and third-party payment services at your own risk. You agree not to make any claims against UMI Walk in relation to any DEX, trading platforms, wallets and third party payment services. We will not be liable to you or any third party for any claims or losses you may have as a result of any transactions you make through centralized exchanges, DEX, trading platforms, wallets and third-party payment services.

To the fullest extent permitted by applicable law, you agree and acknowledge that we are not obligated to make refunds or other asset recoveries, including digital on the Site or App for any incorrect or erroneous transactions or actions/transactions that you may make for any reason, including if they are in no way related to centralized exchanges, DEX, trading platforms, wallets or third-party payment services, but relate directly to the Site and App.

Any requests for refunds or compensation for financial or other losses, monetary or otherwise, incurred by you in connection with your use of the Site or Application will be accepted or rejected at our sole discretion. This includes, but is not limited to, the following circumstances in which you may potentially suffer loss or damage:

Running a random or erroneous operation.
Failures or other technical errors that occur on the Website or in the Application.
Fraudulent actions by third parties, prohibited activities or infringements on the part of another user.
Changes in market prices, including those resulting from any manipulations by other users which may lead to unreasonable pricing.
Using the Website or Application and/or its functionality and assets in a way that does not correspond to the intended purpose.

Risks of Using the Website and Application

UMI Walk shall not be liable for any losses, damage and claims that Users may have for any reason, including, but not limited to the following:

User actions resulting in the User losing the ability to correctly and/or fully use the Website and the Application. These include: loss of data by the User, including loss of login and/or password from the personal account on the Website or in the Application.
Issues resulting in the incorrect operation of the Website and Application or any affiliated websites, software or Services. These include: damage to the software, access to insecure cryptographic libraries, infecting the Website and Application or any affiliated sites, software and Services with malicious code.
Technical issues arising on the User's side resulting in the User losing access to the Website and Application or any related sites, software or Services. For example, loss of credentials or any other data due to the incorrect operation or complete failure of the device storing this data.
Issues related to the security of the User of the Website and Application resulting from the illegal access to the User's personal account, wallet and other confidential data by third parties.
Any situations or events that might have a direct impact on Users while being beyond control of the UMI Walk team. For example, failure or malfunction in the operations of the service provider, various force majeure circumstances, hacker attacks on the provider's network, military actions, domestic and international sanctions, fraud by third parties or Users, and other factors that UMI Walk cannot influence in any way. This also includes loss of access to third-party services, including loss of a mnemonic phrase for the wallet or any other data or equipment.

Please note: there may be links to third-party web resources on the pages of the Website and in the Application. UMI Walk bears no relation to these web resources and does not manage them in any way. UMI Walk does not comment on the content of these resources and shall not be liable for such content. Users shall navigate to a third-party resource from the Website or Application of their own free will and shall be liable for any result of such transition, including negative consequences for both the User and their equipment (PC, tablet, smartphone, among others). Third-party web resources adhere to their respective terms of use and conditions which may differ from the Terms, Conditions and Risks applicable on our Website and in our Application. Thus, when visiting any web resource, you shall review the terms and conditions regulating this resource.

Risks of Using Cryptocurrencies (Coins), Tokens and other Digital Assets

By using the Website and the Application, you represent and warrant that:

You fully understand the mechanisms of interaction and have experience with cryptocurrencies, including UMI, coins/tokens of all kinds, and other digital assets, as well as blockchain-based infrastructures and services;
You fully understand the risks associated with the storage, exchange and trading of cryptocurrencies, coins/tokens of all kinds and any other digital assets;
Unless otherwise stated, you will not rent, lend, sell, transfer, distribute or sublicense your account or our services, digital items or assets in any way. Unless otherwise stated, you must not make our services available over a network where they may be used by multiple devices at the same time.
By using the Site and App, you acknowledge and agree that any digital asset (cryptocurrency (coin), token) used in UMI Walk or outside of the game (e.g. on a centralized exchange or DEX) guarantees absolutely no profit or income in any form.

BY USING THE SITE AND THE APPLICATION, YOU ARE AWARE THAT CRYPTOCURRENCIES, INCLUDING UMI, COINS/TOKENS OF ALL KINDS, AND ANY OTHER DIGITAL ASSETS ARE EXTREMELY VOLATILE – THEIR MARKET RATE MAY FLUCTUATE IN A LARGE RANGE AT DIFFERENT AND UNPREDICTABLE TIME INTERVALS (FLUCTUATIONS MAY OCCUR OVER A LONG PERIOD OF TIME, AS WELL AS WITHIN ONE DAY OR ONE HOUR, MINUTE, ETC.), THEIR MARKET RATE MAY DROP TO ZERO, THEY MAY DISAPPEAR COMPLETELY FROM THE GLOBAL ECOSYSTEM AT ANY MOMENT OR BE BANNED AT THE LEGISLATIVE LEVEL.

ALL OF THE ABOVE IMPLIES HIGH RISKS OF LOSING ALL YOUR FUNDS (OR OTHER ASSETS) SPENT BY YOU TO BUY OR RECEIVE CRYPTOCURRENCIES, INCLUDING UMI, COINS/TOKENS OF ALL KINDS, AND ANY OTHER DIGITAL ASSETS. AND THERE ARE ALSO RISKS OF TOTAL LOSS OF VALUE OF ALL ASSETS DERIVED FROM THE USE OF THE SITE OR APPLICATION. YOU ACKNOWLEDGE THAT YOU ARE IN NO WAY INSURED AGAINST LOSS AND TOTAL LOSS OF FUNDS AND OTHER ASSETS, INCLUDING LOSS OF VALUE, WHEN USING THE SITE AND APP IN CONNECTION WITH YOUR INTERACTIONS WITH CRYPTOCURRENCIES, INCLUDING UMI, COINS/TOKENS OF ALL KINDS, AND ANY OTHER DIGITAL ASSETS.

YOU AGREE NOT TO MAKE ANY CLAIM AGAINST UMI WALK IN THE EVENT THAT YOU SUFFER ANY LOSS OR DAMAGE WHILE USING THE SITE AND APP FOR ANY REASON WHATSOEVER. YOU FURTHER REPRESENT AND WARRANT THAT YOU WILL NOT ENGAGE IN TRANSACTIONS BEYOND YOUR FINANCIAL CAPACITY, INCLUDING, BUT NOT LIMITED TO, USING THE SITE, APP, CENTRALIZED EXCHANGES, DEX (DECENTRALIZED EXCHANGES), OTHER TRADING PLATFORMS, PAYMENT SYSTEMS OR INTERMEDIARIES, CREDIT OR ANY OTHER FORM OF BORROWED FUNDS, OR USING THE SITE AND APP WITHOUT SUFFICIENT EXPERTISE IN BLOCKCHAIN-BASED PRODUCTS.

Limitation of Liability

The Website and Application are provided to Users on the "as is" and "as available" basis without any representations or warranties of any kind, express or implied.

The information on the Website and in the Application does not constitute financial advice, recommendation or call for the investment of funds or other assets of any kind. The UMI Walk team and its affiliates do not provide financial advice in any form. To receive financial or any other advice, you should contact qualified specialists in the area of your interest.

You shall carry out any operations including purchases / sales / exchanges / receipt of digital assets or other transactions you run on the Website and in the Application, as well as outside the Website and Application solely at your own risk. You represent and guarantee that you shall not submit any complaints to the UMI Walk team and its affiliated persons in respect to any losses you may incur as a result of any operations both on the Website and in the Application, or outside them.

Under no circumstances shall UMI Walk, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, contacts, suppliers, or licensors be liable for any loss or damage, including but not limited to direct, indirect, special, or punitive damages or losses, arising out of or in connection with your use of the Site and/or Application and whether or not such damages were foreseeable and whether or not the User has been advised of the possibility of such damages.

BY USING THE WEBSITE AND THE APPLICATION, YOU ARE FULLY AWARE OF AND ASSUME FULL RESPONSIBILITY AND ALL RISKS OF LOSS AND DAMAGE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND APPLICATION.

UMI WALK SHALL ASSUME NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OF FUNDS THAT MAY RESULT DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE WEBSITE AND APPLICATION, CRYPTOCURRENCIES, COINS/TOKENS, OTHER DIGITAL ASSETS AND BLOCKCHAIN-BASED PRODUCTS IN ANY FORM AND EXPECTATIONS FROM YOUR ACTIONS OF A CERTAIN RESULT.

BY USING THE SITE AND APP, AND BY USING CRYPTOCURRENCIES, INCLUDING UMI, COINS/TOKENS OF ALL KINDS, AND OTHER DIGITAL ASSETS AND BLOCKCHAIN-BASED PRODUCTS IN ANY FORM, YOU FULLY UNDERSTAND AND ACCEPT THAT UMI WALK IS NOT RESPONSIBLE FOR ANY TRANSACTIONS THAT USERS MAKE ON AND OFF THE SITE AND APP, AND YOU VOLUNTARILY AGREE TO BE SOLELY RESPONSIBLE FOR ALL RISKS THAT MAY ARISE FROM ANY TRANSACTIONS, INCLUDING BUYING/SELLING AND EXCHANGING TRANSACTIONS, INVOLVING CRYPTOCURRENCIES, INCLUDING UMI, COINS/TOKENS OF ALL KINDS, AND OTHER DIGITAL ASSETS AND BLOCKCHAIN-BASED PRODUCTS IN ANY FORM, ON THE SITE, APP OR ELSEWHERE.

Intellectual Property Rights

You acknowledge and accept that the Website and Application are the property of UMI Walk or its licensors. Subject to your compliance with these Terms, Conditions and Risks, UMI Walk grants you a limited right to access and/or use the Website and Application for the purposes we designed them for. All rights to the unique software, graphics, text content, design elements and other components of the Website and Application belong exclusively to UMI Walk or its licensors.

Nothing whatsoever in these Terms, Conditions and Risks gives you any ownership rights to any unique components of the Website and Application. You acknowledge and accept that UMI Walk reserves all ownership rights and interests in respect to all copyrights, trademarks, trade secrets, patents and any other proprietary rights to the Website and Application, software and application programming interfaces (APIs) and all unique content posted on the Website and in the Application.

You acknowledge and accept that our trademarks, service marks, logos and graphics are registered trademarks or trademarks of UMI Walk. You are not allowed to create fan art (tokenized or physical), goods or any similar content related to the Website and Application and its affiliated links and projects for commercial use.

If you create fan art for personal, non-commercial use, the artwork must clearly state "UMI Walk Fan Art" and there must be a link to the UMI Walk Website or Application. We reserve the exclusive right to determine whether a particular product is fan art/product or not.

Taxation

The User is solely responsible for paying any taxes applicable to their activities on the Website or in the Application, as well as for submitting relevant reports to the tax authorities. For its part, UMI Walk does not compile tax reports for Users and does not verify Users comply with applicable tax legislation. For our part, we urge all Users to study all tax regulations and pay all the necessary taxes.

Advertising Collaborations

We are entitled to allow third-party companies to publish their ads and other information in certain areas of the Website and Application, including banners, pop-ups and sidebars.

However, the advertiser shall be fully and solely responsible for the content of its advertisements on the Website or in the Application, as well as for any services provided on the Website or in the Application, or products sold through such advertisements.

Among other things, the advertiser represents and warrants that they have all the rights and powers to publish advertisements on the Website or in the Application, including, but not limited to, intellectual property rights, advertising rights and contractual rights. For our part, we only provide a place to publish such advertisements, and we have no other relations with advertisers.

Arbitration

In the event of any disputes regarding the Website, Application, Terms, Conditions and Risks, the parties to the dispute shall resolve such cases/situations within 7 days from the date of their occurrence. The parties to the dispute declare that they agree to conduct effective negotiations resulting in an acceptable solution to the contradictions that have arisen for each of the parties to the dispute.

If no agreement on the dispute or contradiction is reached within 7 days, then, based in the Arbitration Rules of the International Chamber of Commerce (ICC) in force at the time (the "Rules") as amended in this document, such dispute or contradiction may be referred to the arbitration court for final judgement. The venue of the arbitration court shall be the city of Geneva, Switzerland. The request for arbitration shall be submitted in accordance with the Rules or Terms, Conditions and Risks with appropriate notification. The arbitration shall be conducted in the English language and, accordingly, the judgement shall also be awarded by the judges in the English language.

The arbitration tribunal shall consist of three arbitrators. If only two parties are involved in the arbitration dispute, each of them shall appoint one arbitrator on its own behalf, and the third arbitrator shall be appointed by the ICC Court in accordance with the Rules. If more than two parties are involved in the arbitration case, arbitrators shall be appointed in accordance with Article 10 of the Rules. If requested by any party to the arbitration proceedings, any arbitrator who has not been appointed in a timely manner shall be appointed by the ICC in accordance with the Rules. The judgement awarded by the arbitration court shall be final and binding on each party. However, after the judgement has been awarded, neither party to the arbitration proceedings shall have the right to appeal to the English courts, in accordance with Section 45 of Arbitration Act 1996, or to appeal on any question of law, in accordance with Section 69 of Arbitration Act 1996. Thus, the judgement awarded by the arbitration court is the sole and exclusive remedy between the parties to the arbitration dispute in respect of any claims, counterclaims, issues or invoices submitted to the arbitration court.

Any court with appropriate jurisdiction may decide on any arbitration dispute. The parties agree that the ICC Court and/or the Arbitration Tribunal, at the request of any party to the arbitration proceedings, may combine or consolidate two or more arbitration proceedings that arise from or in connection with this agreement.

This agreement shall be governed by the English law, without regard to the conflict of laws rules.

Contact Us

We are always happy to answer any questions you may have regarding these Terms, Conditions and Risks, as well as any other questions regarding the Website and Application.

You can send your letters to the e-mail address: [email protected]

Last update of the Terms, Conditions and Risks: 19.12.2024