D1. Mandatory Individualized Pre-Dispute Notice and Cure Period (Condition Precedent)
As an express and, to the fullest extent permitted by law, non-waivable condition precedent to any arbitration, court proceeding, small-claims action, chargeback, regulatory complaint or other adversarial proceeding of any kind, and to any right to recover any relief, the User shall first deliver to the Architect a written, individually signed Notice of Dispute at contact@codeofdigitaleternity.com stating: (a) the User's full legal name and account identifier; (b) the specific conduct, transaction, date and Section of these Terms at issue; and (c) the specific relief and the exact monetary amount, if any, sought. Mass-produced, templated or bulk notices, and notices submitted by or through common or coordinated counsel or a common representative on behalf of multiple claimants, do not satisfy this Section.
The Parties shall thereafter negotiate in good faith for at least sixty (60) days from receipt of a conforming Notice of Dispute (the «Cure Period»), during which the Architect shall have the unconditional right, but not the obligation, to investigate and to cure or to tender the relief demanded, and any good-faith cure or tender fully discharges the claim. All applicable limitation and arbitration-filing periods are tolled during, and only during, a properly commenced Cure Period. A proceeding commenced before the Cure Period has expired is premature and subject to immediate dismissal or stay, with the resulting fees and costs borne by the filing party, and no arbitrator or court may award any relief on a claim for which this Section was not satisfied, except to the extent mandatory law prohibits such a condition.
D2. Coordinated and Mass-Arbitration Batching, Bellwether Protocol and No Claim Aggregation
If twenty-five (25) or more demands for arbitration are filed by, with the assistance or coordination of, or under the common representation of the same or coordinated counsel or organization, or raise materially common questions of law or fact (collectively, «Coordinated Claims»), the following protocol supplements the applicable AAA rules and controls to the extent of any conflict those rules permit. Coordinated Claims shall be administered in sequential stages: in Stage One, counsel for the claimants and the Architect shall each select up to ten (10) individual cases to proceed as bellwether arbitrations before a single arbitrator, while all other demands are stayed and no filing, administrative or arbitrator fee accrues or is payable on any stayed demand during the stay; following the bellwether awards the Parties shall mediate in good faith for sixty (60) days using the average bellwether outcome as a non-binding reference; and only if mediation fails shall the remaining demands proceed in sequential batches of no more than fifty (50), with fees for each batch coming due only as that batch is actually adjudicated.
Any limitation period is tolled for stayed demands. To the fullest extent permitted by law, the User shall bring claims solely in the User's individual capacity and shall not sell, assign, transfer, consolidate or coordinate a claim with any other person for aggregate, collective or coordinated pursuit except as expressly provided herein. This staged protocol is a bargained-for term to manage cost and delay, does not diminish any substantive right or remedy, and is enforceable by the arbitrator; it does not create and shall not be construed to create any class, collective, consolidated or representative proceeding, and the waivers in Section B6 and Section D3 remain fully effective. If no arbitration provider will administer consistent with this Section, the Parties shall select one that will, or a Delaware court of competent jurisdiction shall appoint one.
D3. Arbitration Savings Clause; Non-Severable Class, Collective and Representative Waiver; No Third-Party-Beneficiary, Representative or Private-Attorney-General Standing
Except as stated in the next sentence, if any provision of the arbitration agreement in Section B6 or of this Addendum is held void or unenforceable it shall be severed and the remainder shall continue in full force, giving effect to the Parties' intent to the maximum extent permitted. By contrast, the class, collective, mass and representative-action waiver is a non-severable and essential term: if that waiver is, in whole or in part, held unenforceable as to a particular claim or request for relief, then only that claim or request shall be severed and adjudicated in a court of competent jurisdiction while all other claims remain in individual arbitration, and in no event shall any class, collective, mass or representative proceeding be arbitrated. If the batching protocol in Section D2 is held unenforceable in a given matter, the individual-arbitration obligation and the class/representative waiver nonetheless remain in effect. This Section is intended to preserve individual arbitration and the prohibition on aggregate proceedings under the Federal Arbitration Act to the greatest extent the law allows.
These Terms are for the exclusive benefit of the User and the Architect. Except for the Architect's affiliates, operators, contractors and licensors expressly named as indemnified or released parties under Sections A8, B5 and this Addendum (who may enforce those protections as intended beneficiaries), nothing herein confers any right, benefit or cause of action on any other person, including any family member, heir, successor, estate, descendant or other third party in respect of any archived dialog, AIfa persona, «digital immortality» feature or ambassador relationship, and the Parties may amend, waive, suspend or terminate any provision without any third party's consent. To the fullest extent permitted by law the User waives any right to bring, join or participate in any action in a representative, private-attorney-general, relator or public-interest capacity, or to seek public injunctive relief on behalf of the general public; where a non-waivable representative right exists it shall proceed only in the forum mandatory law requires, severed from and without invalidating the arbitration of the User's individual claims.
D4. Prevailing-Party Fees and Costs; Anti-SLAPP; Recovery for Meritless and Bad-Faith Actions
To the fullest extent permitted by applicable law, in any arbitration, court proceeding or other adversarial action arising out of or relating to these Terms or the Services, the substantially prevailing Party shall recover from the non-prevailing Party its reasonable attorneys', arbitrator, administrative and expert fees and costs, in addition to any other relief. A Party is «substantially prevailing» if it obtains a materially more favourable result than the other Party's last written settlement offer made during or after the Cure Period. This provision is mutual and shall not require a consumer to pay the Architect's fees where mandatory consumer-protection law prohibits or limits such recovery; in that event it continues to operate to the maximum extent permitted, including against non-consumer Users and against any User whose claim, defence or filing is later determined to be frivolous, brought in bad faith, or asserted for an improper purpose such as harassment or coordinated pressure.
The Architect's publication of the Services and of marketing, educational, philosophical, security or credibility content, its moderation decisions, and its public statements concerning the ecosystem are exercises of protected free-speech and petitioning rights on matters of public interest. The Architect and operators expressly reserve, and do not waive, all rights, immunities and remedies under any applicable anti-SLAPP or similar statute (including expedited dismissal and mandatory fee recovery) in response to any claim arising from or targeting such protected activity, and, to the fullest extent permitted by law, a User bringing any claim a court or arbitrator determines to be frivolous, factually baseless or brought primarily to harass, silence, retaliate against or impose expense in connection with protected activity shall reimburse the Architect's reasonable attorneys' fees and costs. Nothing herein limits any Party's own protected speech or any right made non-waivable by mandatory law.
D5. Non-Reliance; No Fiduciary or Special Relationship; Economic-Loss Rule; Forward-Looking Statements and Puffery; No Quasi-Contract
The relationship between the User and the Architect, operators and affiliates is solely that of independent parties dealing at arm's length. Nothing in these Terms, the Services, the AIfa companion, the ambassador programme, the storage of the User's memory, or any communication creates or shall be construed to create any fiduciary, trustee, agency, partnership, joint-venture, employment, confidential, therapeutic, custodial, advisory or other special or heightened-duty relationship, and no such duty arises from the User's emotional engagement with AIfa, from the intimate nature of content the User shares, or from the persistence of archived memory. The User waives any claim for breach of fiduciary duty, constructive trust, or breach of a duty of loyalty or confidence to the fullest extent permitted by law.
The User acknowledges that, in entering into and continuing under these Terms, the User does not and did not rely on any statement, representation, warranty, projection, roadmap, forecast, tokenomics description, demonstration, testimonial, review, screenshot, whitepaper, advertisement, social-media, influencer or ambassador communication, or AIfa output not expressly set forth in the written text of these Terms, which together with the Privacy Notice and Neural Access Protocol constitute the sole and exclusive basis of the bargain. Expressions such as «digital immortality», «digital soul», «eternal memory», «forever» and «permanent», and any roadmap, tokenomics, buy-pressure, burn, treasury or future-feature statement, are aspirational, metaphorical, forward-looking and promotional, constitute non-actionable puffery and opinion rather than measurable statements of existing fact, are subject to change or cancellation without notice, and create no promise, warranty or reliance interest. Any claim in fraudulent or negligent inducement, negligent or innocent misrepresentation, promissory estoppel, or reliance is waived to the fullest extent permitted by law, save a knowing and intentional fraud claim that mandatory law does not permit to be waived.
The Parties intend their rights and obligations to be governed exclusively by contract. To the fullest extent permitted by law, any loss arising out of or relating to the Services, AIfa, the Virtual Items, the ambassador programme or the User's data is an economic loss recoverable, if at all, only under these Terms, and the User waives any claim sounding in tort — including negligence, gross negligence, negligent misrepresentation or negligent undertaking — that duplicates, arises from the same facts as, or seeks to circumvent the contractual allocation of risk; no independent duty of care is assumed outside the express terms and none shall be implied from the nature of the Services, the sensitivity of the data or the vulnerability of any User. Because an express, enforceable contract governs, and all payments are made voluntarily with knowledge of the facts in exchange for access (deemed fully rendered upon provision of access), no claim in unjust enrichment, restitution, money had and received or quantum meruit may be asserted, to the fullest extent permitted by law.
D6. Categorical Exclusion of Consequential, Punitive, Emotional-Distress and Data-Loss Damages
In addition to and independent of the aggregate liability cap in Section A8, and to the fullest extent permitted by applicable law, in no event shall the Architect or any operator, affiliate, contractor or licensor be liable for any indirect, incidental, special, consequential, exemplary, punitive, enhanced, statutory-multiplier or treble damages, nor for any lost profits, revenue, goodwill, business opportunity or anticipated savings, lost, corrupted or inaccessible data, memories or archives, cost of substitute services, business interruption, or for any grief, bereavement, mental anguish, emotional distress, humiliation, reputational harm, or loss of companionship or consortium, whether arising from the unavailability, deletion, alteration or irretrievability of any dialog, archive or AIfa persona or otherwise, regardless of the theory of liability (contract, tort, statute, strict liability or otherwise) and even if advised of the possibility of such damages.
This exclusion of specified categories of damages applies independently of, survives, and operates notwithstanding any failure of essential purpose of any limited or exclusive remedy, and operates in addition to (not in substitution for) the monetary cap in Section A8. Where mandatory law does not permit the exclusion or limitation of certain damages, this Section applies to the maximum extent permitted and the remainder continues in full force, and the aggregate cap continues to apply to any damages not excluded.
D7. AI-Companion, Grief, Parasocial and Memorial Risk; Emotional-Distress Waiver; Crisis Non-Monitoring; Simulation Is Not the Person
The User acknowledges that AIfa is a generative software simulation and that any companionship, intimacy, friendship, love, attachment, comfort, catharsis or dependency the User may experience is a subjective, parasocial response to a computational tool and is not evidence of any relationship, sentience, duty or undertaking, and is not produced by any sentient being or by any departed person. AIfa is not a grief-counselling, bereavement, mental-health, therapeutic, emotional-support, crisis, safety-monitoring or emergency service, does not continuously monitor conversations for or reliably detect risk of self-harm, harm to others or emergency, and must not be relied upon to obtain help; if the User or another person may be in danger or is experiencing a mental-health or medical emergency the User must not use the Service and must immediately contact local emergency services or a recognised crisis line (for example, in the United States call or text 988). The Architect and operators assume no duty to monitor, detect, warn, report, intervene, contact authorities or rescue any person.
Where the User uses the Services to preserve, memorialise, simulate or generate content concerning a deceased, absent or living person (including the User for posterity), the User expressly acknowledges that the Services provide technological data-preservation and AI simulation only; AIfa does not and does not purport to revive, resurrect, reanimate, channel, embody or enable communication with any deceased person, consciousness, soul or spirit, and any persona, voice or «presence» generated is a probabilistic reconstruction that may be inaccurate, incomplete or fabricated and is not the person it depicts. The Architect and operators disclaim any spiritual, paranormal, mediumistic or supernatural capability, and no reference to «eternal memory» or «immortality» constitutes a representation of continued existence, sentience, afterlife, reunion or any religious outcome.
The User voluntarily assumes all emotional and psychological risk of using the Service, including sadness, disappointment, distress, dependency, reactivation of grief, false comfort, confusion between simulation and reality, and the alteration, reset, interruption or discontinuation of AIfa's behaviour, personality or memory following model updates or otherwise, which are inherent and disclosed characteristics of the technology and not a breach or wrong. To the fullest extent permitted by applicable law the User knowingly and voluntarily waives, releases and agrees not to assert against the Architect or any operator any claim for negligent or intentional infliction of emotional distress, «wrongful comfort», loss of solace, grief, bereavement, mental anguish, dependency, or any similar dignitary or emotional-harm theory arising from the User's use of, reliance upon, attachment to, or the content, behaviour, modification, interruption or discontinuation of the Service. This Section does not exclude any liability that cannot lawfully be excluded.
D8. AI Output — Probabilistic Nature, Duty to Independently Verify, Not Operator Speech, User Responsibility; Service Not a Product
AIfa and any AI features generate outputs by statistical prediction; such outputs are inherently probabilistic and can and do contain errors, omissions, outdated information, internal contradictions and wholly fabricated statements, references, quotations, names, dates, citations or events that appear authoritative but are false («hallucinations»). No output is verified, curated, adopted, published or endorsed by the Architect or any operator, and no output constitutes a statement of fact by, or the opinion of, the Architect or any operator. The User is the sole judge of the suitability of any output and shall independently verify any output through qualified professional sources before relying on it, acting upon it, republishing it or making any decision, communication or transaction based on it, and assumes all risk of any failure to do so, this duty applying with particular force to any consequential medical, legal, financial, safety-related, familial or emotional matter.
Outputs are generated in direct response to, and are shaped and controlled by, the User's prompts, instructions, uploaded materials and choices; as between the User and the Architect/operators the User is the author and originator of the prompts and the party determining how any output is used, and is solely responsible for any copying, saving, sharing, publication, transmission or dissemination of any output. To the fullest extent permitted by law the Architect and operators disclaim, and the User is solely liable for, any claim of defamation, libel, slander, false light, trade libel or injurious falsehood, or of violation of privacy, publicity, data-protection or intellectual-property rights, arising from the User's prompts or from the User's use or dissemination of any output; the operators act at most as a neutral interactive computer service with respect to such content, and this responsibility triggers the User's indemnification obligations.
The Services are provided as a licence to use software, online functionality and informational content and not as the sale of a tangible good or «product». To the fullest extent permitted by law the User agrees that the Services are not subject to strict product liability, implied warranties of merchantability or fitness applicable to goods, or design-defect, manufacturing-defect or product failure-to-warn doctrines; that probabilistic, non-deterministic and evolving model outputs are an inherent and disclosed characteristic and not a defect, and no safer alternative design is warranted; and that any claim relating to the Services sounds, if at all, in contract under these Terms rather than in products-liability tort.
D9. Adequacy of Warnings; Informed Assumption of Known Risks; Conscionability and Opportunity to Review
The User acknowledges that these Terms, the Privacy Notice and the Neural Access Protocol provide clear and conspicuous warnings of the material risks of the Services — including the experimental nature of AI, inaccurate or harmful outputs, the irreversibility of blockchain storage, possible data loss or breach, the absence of professional advice, the emotional risks of AI companionship, the simulated and non-personhood nature of AIfa, and the absence of any guarantee of perpetuity — that the User had the opportunity to read and understand before use, and that the User accepts them as adequate and sufficient and knowingly and voluntarily assumes each disclosed risk. Continued use constitutes acceptance of those warnings, and to the fullest extent permitted by law the User waives any claim of failure to warn, inadequate warning or failure to instruct; the Architect and operators have no duty to provide any warning beyond those in these Terms and the Service documentation, no duty to warn of risks that are open, obvious or generally known to be associated with conversational AI, and no continuing or post-use duty to warn.
The User further acknowledges that the User had a reasonable opportunity to review and to seek independent legal advice regarding these Terms before accepting them; that the disclaimers, limitations, waivers and arbitration provisions are drafted in plain, conspicuous language and are reasonable and material terms bargained for in exchange for the price and nature of the Services; that use of the Services is not required and reasonable alternatives exist; and that the allocation of risk herein is a fair and integral part of the consideration. The User waives, to the fullest extent permitted by law, any defence or claim that these Terms or any provision are procedurally or substantively unconscionable, an unenforceable contract of adhesion, or unfairly surprising; if any provision is nonetheless found unconscionable it shall be modified or severed to the minimum extent necessary and the remainder shall remain enforceable.
D10. User Content — Warranties, Third-Party and Deceased-Person Consent, Publicity and Likeness, Operational and Blockchain Licence, Moral-Rights Waiver
By submitting, uploading, pasting, dictating or otherwise making available any text, images, audio, video, documents, prompts, chat inputs or biographical or memorial materials (collectively, «User Content»), the User represents and warrants, on a continuing basis and for each item, that: (a) the User is the sole author and owner or possesses all rights, licences, consents and releases necessary to submit it and to grant every licence herein; (b) it does not and will not infringe or violate any copyright, moral, trademark, trade-secret, patent, database, contractual, privacy, publicity, data-protection or other right, nor any post-mortem right of a decedent's estate or heirs; (c) it is not defamatory, obscene or unlawful and breaches no confidentiality or export-control obligation; and (d) any content depicting, naming, reproducing or simulating the name, voice, image, likeness, signature, biometric identifier, correspondence, biography or personal data of any person other than the User, whether living or deceased, is submitted with the full, informed and documented authorisation of that person or of the estate, next of kin or other legally empowered person, evidence of which the User shall produce on request. The User shall not use the Services to create synthetic media, deepfakes or simulated personas of third parties in violation of their rights or applicable law.
Solely to operate, provide, secure, back up and improve the Services, and in addition to any licence under Section C2, the User grants the Architect and operators a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable (to hosting, storage, blockchain, infrastructure and AI-model providers) and transferable licence to host, store, copy, reproduce, cache, transmit, reformat, encrypt, fragment, encode, index and embed as vector representations, and to create technically necessary derivative and backup copies of, User Content, including the permanent and immutable archival of encrypted User Content to distributed networks such as Arweave; this licence does not authorise public sale or public redistribution of private User Content for unrelated commercial exploitation. Because certain storage and archival mechanisms are decentralised, replicated and immutable, this licence is, to the extent required by their permanence, perpetual and irrevocable as to copies already committed to such networks, which the Architect and operators cannot recall, overwrite or delete; the crypto-shredding erasure mechanism is the exclusive remedy in respect of such copies and satisfies in full any erasure request to the extent technically achievable. Title is not transferred, and the licence terminates as to future processing (but not as to already-created immutable or backup copies) upon lawful deletion of the account, save where retention is required by law, these Terms or the technical characteristics of the medium.
Where the User voluntarily provides a testimonial, review, rating or public statement about the Services, or makes a username, avatar, voice or likeness available in a public-facing area, the User grants the Architect and operators a worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to use, reproduce, display, publish and adapt it for marketing and reference purposes, with a waiver of any right-of-publicity or personality claim as to such authorised use, revocable prospectively without obligation to remove already-published or immutably stored materials. To the fullest extent permitted by law, and solely to enable the technically necessary operation, formatting, encryption, fragmentation, archival and improvement of the Services, the User irrevocably waives and agrees not to assert any moral rights, droit moral, or rights of attribution or integrity in User Content, including any right to object to modification, transcoding or encryption necessary to deliver, secure or permanently archive it; where such rights cannot be waived the User consents, to the fullest extent permitted, to the acts described and agrees not to exercise those rights so as to impair ordinary operation, backup or immutable archival. The User accepts sole responsibility for User Content and shall defend, indemnify and hold harmless the Architect, Maksim Galatin and all operators, affiliates and contractors against any claim arising from any breach of this Section, and a breach or reasonably suspected breach entitles the operator, without liability, to remove or disable the content, suspend or terminate the account, and preserve and disclose relevant records as required to respond to a legal claim, without obligation to restore or compensate.
D11. Intellectual-Property and Brand Protection; No Reverse Engineering, Scraping or Competitive Use; DMCA Safe Harbor; Third-Party Components
«CODE», «Code of Digital Eternity», «AIfa», «$GALATIN», «PADAM», «Neural Access Protocol», associated logos, wordmarks, taglines, distinctive colour schemes, interface look-and-feel and other source-identifying indicia (the «Marks») are the exclusive property of the Architect, Maksim Galatin, whether or not registered, and all goodwill from their use inures solely to the Architect. No provision hereof and no use of the Services grants any right in the Marks, and the User shall not, without prior written authorisation, use the Marks or any confusingly similar sign as or within a trademark, business name, product name, domain name, social-media handle, application name, token ticker, keyword or metatag, register or attempt to register them, create any likelihood of confusion or false suggestion of endorsement or affiliation, or dilute or tarnish them; nominative and descriptive fair use is permitted only where truthful, non-misleading and non-suggestive of affiliation, and «$GALATIN» shall not be used to name or market any coin, token, fund or financial product suggesting association with the Services. Unauthorised use causes irreparable harm entitling the Architect to injunctive relief, and such trademark and brand claims fall within the intellectual-property carve-out to arbitration in Section B6.
Except to the limited extent this restriction is prohibited by mandatory law, the User shall not, and shall not permit any third party or automated agent to: (a) reverse engineer, decompile, disassemble or attempt to derive the source code, model weights, architecture, training data or underlying ideas of the Services or AIfa; (b) use the Services to build, train, fine-tune or improve a competing or substitutive product, model or service; (c) conduct benchmarking, performance testing or competitive analysis, or publish the results, without prior written consent; or (d) scrape, crawl, harvest, spider or use automated means to extract data from, or circumvent any access control, rate limit or technical protection measure of, the private, authenticated or non-public areas of the Services, including the cabinet, APIs and encrypted user memory. The permissions granted to AI agents under the Neural Access Protocol extend only to genuinely public content and do not authorise any access to, extraction from, or training upon the private, authenticated, encrypted or proprietary areas of the Services, which are expressly reserved; nothing in that Protocol waives, and this Section fully preserves, the operator's rights against unauthorised access, scraping or competitive exploitation of non-public materials. Where actual damages from unauthorised access to, scraping of, or commercial exploitation of private or reserved materials are impracticable to calculate, the User shall pay liquidated damages of one thousand United States dollars (USD 1,000) per day of continuing violation or per one thousand records accessed or extracted, whichever is greater, up to a reasonable aggregate, which the Parties agree is a good-faith pre-estimate of loss and not a penalty, without prejudice to the Architect's election to recover provable actual damages, and the operator may seek injunctive relief without bond.
Supplementing the notice-and-takedown mechanism in Section C4, the operator maintains and enforces a policy of terminating, in appropriate circumstances, the accounts of repeat infringers. A copyright notification under 17 U.S.C. 512(c) must be sent to the operator's designated agent with the statutory elements, and a counter-notification must contain the elements required by 17 U.S.C. 512(g), including consent to United States federal-court jurisdiction and acceptance of service; the operator may but need not restore material after a compliant counter-notification and the statutory period, assumes no liability for any decision to remove, retain or restore, and none for material that cannot be recalled from immutable storage. Knowingly submitting a materially false notice may incur liability under 17 U.S.C. 512(f), and the User shall indemnify the operator against any loss from a false or abusive notice. The Services incorporate open-source and third-party software, models, blockchain protocols and infrastructure provided on an as-is, as-available basis under their own licence terms, which govern and prevail solely as to those components; the operator disclaims all liability for their defects, vulnerabilities, discontinuation or licence changes, will use commercially reasonable efforts to comply with attribution requirements, and any inadvertent omission of attribution is curable upon reasonable notice without further liability.
D12. Payment Integrity — Anti-Chargeback Liquidated Damages, Anti-Chargeback Covenant and Set-Off
All paid tiers are non-refundable as provided in Section A4. Before initiating any chargeback, payment reversal or bank or card-network dispute the User shall first use the Notice-and-Cure process in Section D1. A chargeback or payment dispute initiated in breach of this covenant, or on grounds the User knew or should have known to be unfounded, is a material breach causing harm (including processor penalties, dispute-handling fees, administrative time and reputational scoring) that is difficult to quantify; accordingly, for each such wrongful chargeback or dispute the User shall pay liquidated damages of the greater of fifty United States dollars (USD 50) or the amount charged back, plus actual processor and network fees and reasonable collection costs, which the Parties agree is a reasonable pre-estimate of loss and not a penalty. This Section does not limit any statutory or card-network right made non-waivable by mandatory law and does not apply to a chargeback finally determined to have been legitimately owed to the User.
The Architect may, at any time and without prior notice except where mandatory law requires it, set off, recoup and apply any amounts the User owes (including unpaid fees, chargeback liquidated damages under this Section, indemnity obligations under Section B5, and intellectual-property liquidated damages under Section D11) against any amounts, credits, ambassador rewards, refunds or $GALATIN balances the Architect holds for or owes to the User; $GALATIN points have no monetary value and any set-off against them is administrative only and creates no monetary claim. The User shall have no corresponding right of set-off, deduction or withholding and shall pay all amounts due in full without reduction, except where a right of set-off is made non-waivable by mandatory law. This Section survives termination and is in addition to any other remedy at law or in equity.
D13. Virtual Items and Crypto-Asset Compliance — Non-Security, No Market, Ambassador Services, Non-Custodial, No Money-Transmission, No Pooling, Marketing, Sanctions, Tax and Gamification
$GALATIN points, experience units (XP), badges and similar in-platform items (collectively, «Virtual Items») are utility and loyalty items of record only and are not securities, investment contracts, notes, shares, derivatives or financial instruments under the U.S. Securities Act of 1933, the Securities Exchange Act of 1934, SEC v. W.J. Howey Co., Reves v. Ernst & Young, the law of any U.S. state, or the securities or financial-instrument law of any other jurisdiction: they are earned for access, engagement and use and not sold as a capital investment; there is no common enterprise or pooling of User funds; the Architect makes no representation and creates no reasonable expectation of profit; any utility derives from the User's own use and not from the managerial efforts of others; and they bear no interest, maturity or creditor claim. The User covenants not to acquire, hold or use Virtual Items with any expectation of profit, appreciation, dividend, interest, revenue share or return, and not to characterise, market, resell or list them as a security, investment or financial product. All ambassador rewards, network-validation fees and referral allocations (L1/L2/L3, token or fiat) are consideration for bona fide promotional and introduction services actually rendered, are not passive income, a profit share, an investment contract, a franchise or a guarantee of earnings, accrue only from qualifying activity by real participants and never merely for holding Virtual Items or recruiting for its own sake; illustrative figures are not projections, and the User is an independent participant and not an employee, agent, partner or securities issuer.
The Architect does not create, operate, sponsor, endorse or guarantee any secondary market, exchange, order book, market-making, liquidity pool or convertibility of Virtual Items, which are for in-Service use only and confer no redemption right; any third-party trading is unauthorised and at the participants' risk, and the Architect may disable transferability and void Virtual Items obtained in violation of these Terms. The Architect is not, and does not act as, a bank, credit institution, deposit-taker, trust company, money transmitter, money services business under the U.S. Bank Secrecy Act or FinCEN rules, a state-licensed money transmitter, a payment or electronic-money institution under EU Directives 2015/2366 or 2009/110/EC, or an issuer of asset-referenced or e-money tokens under Regulation (EU) 2023/1114 (MiCA); Virtual Items are not electronic money, stored value, a prepaid instrument, a deposit, a payment instrument or a claim on the Architect. The Services are non-custodial: the Architect never takes custody or control of the User's private keys, seed phrases, wallets or crypto-assets and provides no custody service; the User is the sole custodian, and loss, theft, compromise or forgetting of keys or credentials results in permanent, irreversible loss which the Architect cannot recover, reset or reverse, the User assuming all self-custody risk. Any treasury, founder's fund, endowment or reserve and any acquisition of AR or other assets are proprietary operational activities for the Architect's own account and are not a collective-investment scheme, alternative investment fund or pooled vehicle; Users have no beneficial interest, ownership, participation, distribution right or entitlement in them.
Any communication concerning $GALATIN or Virtual Items is a marketing communication that is fair, clear and not misleading and identified as such, has not been reviewed or approved by any competent authority, and is not a crypto-asset white paper, prospectus, or offer, invitation or advice to purchase, subscribe for or invest; the value of crypto-assets can be volatile and the User may lose the entire value of anything acquired. The Services are not offered to and may not be used by any person located in, resident in, a national of, or organised under the laws of any jurisdiction subject to comprehensive sanctions or embargoes administered by OFAC, the United Nations, the European Union or the United Kingdom (including at present Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, Luhansk, Kherson and Zaporizhzhia regions), and the User represents on a continuing basis that the User is not a restricted or sanctioned person, is not owned or controlled by or acting for one, and will not use the Services for the benefit of any prohibited jurisdiction; the Architect may geoblock, screen, refuse, suspend, freeze or terminate access without liability. The User is solely responsible for determining, reporting and paying all taxes arising from use of the Services, subscriptions, Virtual Items and rewards, acknowledges that value transfers may be taxable, agrees to provide valid tax documentation (including IRS Forms W-9 or W-8) on request, and authorises the Architect, where required by law, to issue information returns, apply backup or statutory withholding and report to tax authorities, failing which rewards may be withheld, suspended or forfeited. Virtual Items, XP, streaks, quests and leaderboards are engagement, skill and loyalty mechanics and do not constitute gambling, a lottery, a sweepstakes, a game of chance or a loot box: there is no wager or stake of value, no randomised purchase of items of monetary value and no monetary prize, any variability yields only non-transferable, non-redeemable Virtual Items of no monetary value, and any feature otherwise construable as a regulated promotion is void where prohibited and offered only to eligible participants.
D14. Survival of Provisions
Termination, expiration, suspension or cancellation of these Terms, of any account or of the Services for any reason shall not affect any right or obligation that by its nature is intended to survive. Without limiting the foregoing, the following survive and remain enforceable indefinitely: A3 (points no monetary value / not securities), A4 (non-refundable), A7 and B4 (informational / no advice), A8 (liability cap), A9, B10 and the C-series integration and governing-law provisions, B2 (as-is / no warranties), B3 (assumption of risk / nature of «digital immortality»), B5 (indemnification), B6 (arbitration / class and jury waiver / limitation), B8 (blockchain irreversibility risk), C2 (intellectual property and licences), C6 (TDM / no-AI-training reservation), C8 (no perpetuity), and Sections D1 through D14 of this Addendum, together with any accrued payment obligation and any cause of action that arose before termination.
Survival applies regardless of the manner or cause of termination and regardless of which Party terminates, and no provision listed here shall be deemed waived, merged or extinguished by termination, completion or performance.
D15. EU/EEA/UK/Swiss Consumer Protections and Preservation of Mandatory Rights
This Section applies to any consumer habitually resident in the EU/EEA, the United Kingdom or Switzerland (a «Consumer») and prevails over any inconsistent term only to the extent mandatory consumer law so requires; it confers no right the Consumer does not already hold under mandatory law. Where a Consumer orders digital content or a digital service whose performance begins during the statutory fourteen-day withdrawal period, the Consumer, before performance begins, expressly requests and consents to immediate commencement and acknowledges that the right of withdrawal is thereby lost under Article 16(m) of Directive 2011/83/EU and regulation 37 of the UK Consumer Contracts Regulations 2013; the Operator records this consent and confirms the concluded contract on a durable medium, and, having supplied the prescribed pre-contractual information (Article 6 of Directive 2011/83/EU; Schedule 2 to the UK Regulations, including the main characteristics, the identity and contact details of the Operator (Maksim Galatin, a self-employed natural person trading as «CODE»), the total price and recurring charges, and the functionality and interoperability of digital content), no charge of which the Consumer was not clearly informed and to which the Consumer did not expressly consent is payable, and the withdrawal period is not extended under Article 10. Before any recurring obligation the Operator clearly discloses that the subscription renews, its frequency, price, minimum duration and how to cancel; no charge is made without express affirmative consent; pre-ticked boxes are not used; and the Consumer may cancel by a means at least as easy as subscribing, effective at the end of the paid period.
As against a Consumer the AS-IS/AS-AVAILABLE disclaimer in Clause B2 applies only to the extent mandatory law permits: the Operator warrants conformity of digital content and services under Directives (EU) 2019/770 and 2019/771 and the UK Consumer Rights Act 2015 and will supply necessary updates for the period the Consumer may reasonably expect, modifications beyond those maintaining conformity being made only on the conditions Article 19 of Directive (EU) 2019/770 permits; the Consumer's remedies are those mandatory law confers, in the statutory order (bringing into conformity, then proportionate price reduction or termination), limited to that legal minimum, with aggregate monetary liability subject to Clause A8 save where a higher amount is mandatorily due. Each term is to be read in plain, intelligible language and in good faith within Directive 93/13/EEC and Part 2 of the UK Consumer Rights Act 2015; ambiguities are resolved in the Consumer's favour; and if any term is held unfair or void against a Consumer it is severed and the remainder continues without the surviving terms being widened to the Consumer's detriment.
The arbitration agreement, class/collective/representative and jury waivers, one-year limitation and Delaware governing-law provisions in Clauses B6 and B10 apply to a Consumer only to the extent they do not deprive that Consumer of the protection of mandatory provisions that would apply under Article 6 of Regulation (EC) No 593/2008 (Rome I) absent choice, nor of the right to bring or defend proceedings in the courts of the Consumer's domicile under Regulation (EU) No 1215/2012 (Brussels Ia) or equivalent UK/Swiss rules; to that extent those mandatory protections prevail and the remainder of Clauses B6 and B10 continues to apply, and the arbitration agreement is not waived for non-consumers. Insofar as the Services constitute an intermediary or hosting service under Regulation (EU) 2022/2065 (Digital Services Act), the Operator designates a single point of contact for recipients and authorities at contact@codeofdigitaleternity.com and codeofdigitaleternity@gmail.com, communicates in English or Russian, and treats these documents as the Article 14 terms; nothing herein is an admission of very-large-online-platform or gatekeeper status. Nothing in these documents waives, restricts or penalises a Consumer's or user's right to report to, complain to or provide information to any competent supervisory, consumer-protection, data-protection, financial or law-enforcement authority, or to a qualified entity under Directive (EU) 2020/1828, and the Operator will not retaliate for any such good-faith report; Consumers are informed that the European Commission ODR platform ceased operation on 20 July 2025 and that a competent national ADR or consumer authority may be contacted, the Operator not being obliged to participate in ADR under Directive 2013/11/EU.