Last Modified: December 18, 2023

Article 1. Purpose

The purpose of this Terms of Use is to define the rights, obligations, responsibilities and other necessary matters of METABORA SINGAPORE PTE. LTD. (hereinafter referred to as the Company) in relation to the use of BORA LABS and BORA LABS related services (hereinafter referred to as the Service) provided by the Company.

Article 2. Specification, Effect and Modification of Terms of Use

1. By accessing or using the services or the site, you agree that you have read, understood, and agree to be bound by these Terms of Use, including the binding arbitration agreement below.
2. If necessary, the Company may change this Terms of Use within the scope not contravening the relevant laws and regulations. The modified terms will become effective upon posting. By continuing to use the Services or the Site after the effective date of any modifications to these Terms of Use, you agree to be bound by the modified terms. It is your responsibility to check the Site regularly for modifications to these Terms of Use. We last modified these Terms of Use on the date listed at the beginning of these Terms of Use.
3. Any matters that are not prescribed in this Terms of Use shall be subject to the relevant laws and regulations. (but not limited to)

Article 3. Definition of Terms

The Terms herein shall be defined as follows:

1. “Service” refers to all content, functionality, features and services related to BORA LABS that available on or through, exclusively or non-exclusively
2. “Content” refers to information or material in online digital formats such as symbols, letters, figures, colors, voices, sounds, images, videos, etc., provided by the Company
3. “Company” refers to METABORA SINGAPORE PTE. LTD and its affiliates and licensors as the provider of the BORA LABS Service.
4. “User” or “You” refers to a person who uses the Services provided by the Company, after having agreed to this Terms of Use. “TOKEN” refers to virtual data used as a payment method in the Service. “NFT” refers to the Non-Fungible Token being minted or traded in the Service.
5. “Blockchain Network” refers to a network built using the distributed ledger storage technology that distributes and stores data generated from blockchain transactions to an unspecified number of nodes and connects the distributed and stored data in a chain form.

Article 4. Privacy Protection

1. By using the Services or the Site, you consent to our collection or use of personal data and other data.
2. The Company strives to protect the personal information by related laws such as the Personal Information Protection Act and the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
3. Company shall not be liable for any information exposed through the fault of you.

Article 5. Company Obligations

1. The Company shall not engage in acts prohibited by the related laws and this agreement, or that are socially unacceptable, and shall do its best to provide the Service continuously and stably.
2. In the event of a failure of equipment or loss of data or damage during the course of Service improvement to provide continuous and stable service, the Company shall make every effort to repair or restore it without delay, unless there are unavoidable reasons such as natural disasters, emergencies, defects or obstacles that cannot be resolved by current technologies.

Article 6. Responsibilities

1. User will ensure that use of the Services or the Site will not violate:
   1. Any of our policies that we have made available to user, including this Terms of Use or any applicable laws or regulations.
   2. Changing information posted by the Company
   3. Transmission of or posting information (computer programs, etc.) other than information set by the Company
   4. Infringing Company’s intellectual property rights or those of a third-party, including, but not limited to copyrights, right of likeness, right of publicity, trademark right, patent right
   5. Defaming or slandering or causing business obstruction of the Company or a third- party
   6. Disclosing or posting obscene or violent messages, images, recordings, false facts, or other socially unacceptable information while using the service
   7. Using the Service for purposes other than the original purpose of providing Services, such as commercial, business, advertisement, public relations, political activities, and campaigning purposes without the Company’s prior consent
   8. Disposing of (convert, sale, etc.) data related to the Service for value or donating the data or using the data as objects of rights (providing security, lending, etc.) through services not provided by a Company or abnormal methods
   9. Stealing other people’s information (personal information, payment information, etc.) such as using other people’s credit cards, telephone numbers, bank accounts, etc., or the fraudulent use of other Members’ Accounts and Passwords
   10. Unauthorized reproduction, distribution, manipulation, commercial use of information obtained from the Service of the Company, or exploitation of system errors, such as known or unknown bugs, to use the Service
   11. Manufacturing, distributing, using, or advertising computer programs or devices that the Company has not provided or approved
   12. Using information (computer programs) prohibited from transmitting or posting under statutes or intentionally transmitting or posting or distributing or using viruses, computer codes, files, programs, etc. designed to interfere with, destroy, or destroy the normal operation of computer software, hardware, or telecommunications equipment
   13. Accessing the Service via automated means such as Agent, Script, Spider, Spyware, Toolbar, or other fraudulent means without the Company’s prior consent, creating or increasing the number of exposures and clicks illegally, requesting use of the Service, or causing a load on the Company’s server
   14. Changing Services without special rights from the Company, adding other programs to the Service, designing a server for hacking/reverse engineering, changing or leaking source codes or data, building a separate server, or arbitrarily changing a portion of the website
   15. Collecting, storing, posting, or disseminating personal and account information from others
   16. Transaction of Accounts
   17. Using the Service provided by the Company in a speculative manner or in any other unhealthy manner
   18. Deceiving others to gain advantage, harming others in connection with the use of the company's services, infringing on the intellectual property rights or portrait rights of the company or others, or other illegal or unlawful act
   19. Inducing or advertising the activities referred to in Subparagraphs 1 through 18 above
   20. Violating the current laws, the Terms of Use and operational policies provided by the Company, and other regulations related to the use of Service
2. You are responsible for properly configuring and using the Services or incorporating the Services into your applications and for taking appropriate action to secure your data including without limitation financial or token information and private keys
3. You are obliged to identify and observe the provisions of this Terms of Use
4. You should inform the Company about problems such as bugs or system errors or loopholes found during Service use, and should not spread or abuse them to others.
5. You are responsible for your information and the management of your PCs and mobile devices. The Company is not responsible for any loss caused by the management of your account, PCs, mobile devices and various means of authentication, or the acceptance of use by others.

Article 7. Ownership Rights etc.

1. Company or its licensors own all right, title, and interest, including all intellectual property rights, in and to the Services and the Site, and any related content and technology, unless otherwise indicated.
2. Company grants you a personal, limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use, copy, and distribute in connection with such use the Services or the Site. You obtain no other rights to the Services or the Site other than those specified in these Terms of Use.
3. Certain Services may be provided to you under a separate license. You agree you will not violate the terms of any such separate license.
4. In the event of a conflict between the license granted to you in these Terms of Use and any separate license, the separate license will prevail with respect to the Service that is the subject of the separate license.
5. You will not use the Services or the Site in any manner or for any purpose other than as expressly permitted by these Terms of Use or an applicable separate license. You will not:
   1. violate any applicable laws or regulations through your access to or use of the Services or the Site;
   2. violate these Terms of Use;
   3. exploit the Services or the Site for any unauthorized commercial purpose;
   4. harvest or otherwise collect information from the Services or the Site for any unauthorized purpose;
   5. use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use or enjoyment of the Site;
   6. reverse engineer, disassemble, or decompile the Services or the Site or apply any other process or procedure to derive the source code of any software included in the Services or the Site except to the extent applicable law does not allow this restriction or such rights have been expressly granted to you under a separate license;
   7. sublicense, sell, or otherwise distribute the Services or the Site, or any portion thereof;
   8. sublicense, sell, or otherwise distribute the Services or the Site, or any portion thereof; use any data mining tools, robots, crawlers, or similar data gathering and extraction tools to scrape or otherwise remove data from the Services or the Site;
   9. use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
   10. introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful to the Services or the Site;
   11. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server(s) on which the Site is stored, or any server, computer or database connected to the Site; or
   12. attack the Services or the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site.

Article 8. Modification of Service

1. The Company may change the Contents, and operational or technical matters of the Service in order to provide a stable Service
2. The Company may modify or discontinue the Services or access to the Site at any time without notice to you.

Article 9. Maintenance and Suspension of Service

1. The use of the Service is available 24/7 in principle, unless there is a special obstacle inhibiting Company business or technology. However, this shall not be the case on the date and time set by the Company due to the necessity for Service check.
2. The Company may divide the Services into a certain range so that the available time for each range can be set separately.
3. The Company may limit or suspended all or any part of the Services without prior notice in the following cases:
   1. In necessary cases due to failure, repair, replacement, inspection, etc. of equipment for Service
   2. In necessary case to cope with electronic infringement accidents, such as hacking, communication accidents, abnormal use of Services by Members, and unforeseen instability of Service
   3. In case a common telecommunications business operator under the Telecommunications Business Act terminates telecommunication services
   4. In case the Blockchain Network stops
   5. In case the financial institution of the Company or Member’s financial institution has a failure
   6. In the case of the stopping to a service provided by a third-party, such as a partner that provides a service that is not provided directly by the Company
   7. Force majeure
4. The Company may limit or suspend all or part of the Service in case of any disruption in the normal use of the service due to national emergency, power failure, failure of the service facility, or excessive use of the service.

Article 10. Indemnification

1. You will defend, indemnify, and hold the Company harmless from and against all liability for monetary damages, contractual claims of any nature, economic loss (including direct, incidental or consequential damages), loss of income or profits, fines, penalties, exemplary or punitive damages, and any other injury, damage, or harm, including reasonable attorney’s fees (“Damages”) that relate in any way to any demand, claim, regulatory action, proceeding or lawsuit, regardless of the cause or alleged cause, regardless whether the allegations are groundless, fraudulent, false, or lack merit and regardless of the theory of recovery (“Claim(s)”) arising out of or relating to:
   1. your use of the Services or the Site (including any use by your customers, users, employees, and other personnel)
   2. breach of these Terms of Use or violation of applicable law by you, your customers, users, employees and other personnel
   3. a dispute between you and any third party
   4. your alleged or actual infringement or misappropriation of any third party’s intellectual property or other rights; and your Feedback.
   5. In the event we receive any third party subpoena or other compulsory legal order or process associated with Claims described in 1 through 4 above, then in addition to the indemnification set forth above, you will reimburse us for our employees’ and contractors’ time and materials spent responding to such matters at our then-current hourly rates as well as our reasonable attorneys’ fees.
   6. If you are obligated to indemnify us, then you agree that we will have the right, in our sole discretion, to control any action or proceeding and to determine whether we wish to settle, and if so, on what terms, and you agree to fully cooperate with us in the defense or settlement of such Claim.
2. If you are obligated to indemnify the Company, then you agree that we will have the right, in our sole discretion, to control any action or proceeding and to determine whether we wish to settle, and if so, on what terms, and you agree to fully cooperate with us in the defense or settlement of such Claim.

Article 11. Disclaimers

Services are provided “AS IS” except to the extent prohibited by law, or to the extent any statutory rights apply that cannot be excluded, limited or waived, Company makes any representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the Services, and expressly disclaim all warranties, including any implied or express warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, arising out of any course of dealing or usage or trade, that the services will be accurate, uninterrupted, error free or free of harmful components, and that any content or assets will be secure or not otherwise lost or altered.

Article 12. Limitations of Damages and Liability

1. Company will not be liable to you for any indirect, incidental, special, consequential, or exemplary damages (including damages for loss of profits, revenues, customers or users, opportunities, goodwill, use, data, content, or other assets), even if Company has been advised of the possibility of such damages.
2. Company will not be liable for any compensation, reimbursement, or damages arising in connection with
   1. Your inability to use, or any delay in the use of the services.
      • termination of this Terms of Use or your use of or access to the Services.
      • our suspension or discontinuation of any or all Services.
      • any unanticipated or unscheduled downtime of all or a portion of the Services for any reason.
   2. The cost of procurement of substitute goods or services.
   3. Any investments, expenditures, or commitments by you in connection with this Terms of Use or your use of or access to the Services.
   4. Any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of your data.
   5. Any change in value of any crypto-asset.
3. The limitations in this section apply only to the maximum extent permitted by applicable law.

Article 13. Governing Law and Jurisdiction

These Terms of Use are governed by the laws of the Republic of Korea, without regard to conflict of laws rules, and the proper forum for any dispute, claim or controversy not subject to arbitration will be the courts located in the Republic of Korea.