Terms of Service

Welcome to PhygitalX. These Terms and Conditions of Use (the “Agreement”) set out the terms on which Bacoor Inc (“Bacoor” or “we”) will provide Bacoor software and services on the PhygitalX website, phygitalx.io, and other Bacoor-controlled or operated websites and through Bacoor’s applications (collectively, the “Service” or “Services”) to you, a user of the Service (“You” or “User”), as well as the benefit of this Agreement to any Bacoor officer, director, employee or agent of Bacoor (each; “Bacoor Partner”).

By providing Your email address and creating an account as a User of the Service, or by otherwise using the Service, You agree to comply with and be bound by this Agreement, which we may change at any time by posting a notice on the Service. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If You do not agree to these terms and conditions, please do not use the Service.

Disclaimer: PHYGITALX WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES, DAMAGES, OR ISSUES REGARDING THE SHIPMENT OF THE PHYSICAL ITEMS.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, PHYGITALX MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PHYSICAL PRODUCTS OR SERVICES ORDERED OR PROVIDED BY THE PARTNERS AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH ITS PARTNERS.

IF YOU HAVE QUESTIONS OR ISSUES REGARDING THE PHYSICAL PRODUCTS, PLEASE CONTACT THE PARTNER FOR SUPPORT.

Registration

If You register as a User, You represent and warrant to Bacoor that: (i) You are of legal age to form a binding contract; (ii) You will provide Bacoor with accurate, current, and complete registration information; and (iii) Your registration and Your use of the Service is not prohibited by law. Bacoor reserves the right to suspend or terminate Your registration, or Your access to this Service, with or without notice, in the event that You breach any term of this Agreement.

Minors

This Service is not directed at Users under the age of 18. If You are under the age of 18, You are not permitted to register as a User of the Service.

Ownership of the Service and Related Intellectual Property

All the text, images, marks, logos, compilations (meaning the collection, arrangement, and assembly of information), data, other content, software, and materials displayed on the Service or used by Bacoor to operate the Service, excluding any User Content (as defined below) is proprietary to us or to third parties. Bacoor expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by this Agreement, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or other exploitation of them is strictly prohibited.

The mark “phygitalx.io” is an unregistered trademark and is a mark of Bacoor, and they may not be used in connection with any service or products other than those provided by Bacoor, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bacoor. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.

User Content

The information You submit to us as part of Your registration, and any data, photographs, text, graphics, video, and other material that You submit or post to the Service ("User Content"), remain Your intellectual property, and Bacoor does not claim any ownership of the copyright or other proprietary rights in such information and User Content. Notwithstanding the foregoing, You agree that Bacoor may retain copies of all registration information and User Content and use such information and User Content as reasonably necessary for or incidental to its operation of the Service and as described in the Agreement and the PhygitalX Privacy Policy, and You grant Bacoor the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the User Content in connection with the Service and as provided for in the PhygitalX Privacy Policy.

License to Use of the Service

Subject to the terms of this Agreement, Bacoor authorizes You to use the Service for Your personal, non-commercial purposes. The Service may include certain premium features and services that Bacoor offers for a fee (“Premium Services”); You are only authorized to use Premium Services if You have paid the applicable fees. You may not remove any copyright, trademark, or other proprietary notices that have been placed in the Service. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing, or otherwise exploiting in any way the Service, or any portion of the Service, is strictly prohibited without the prior written permission of Bacoor. The Service is licensed, not sold, and You obtain no rights in any copy of software related to the Service other than the rights described in this paragraph.

You agree, represent, and warrant, that Your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants, and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, You agree that You will comply with all applicable laws, regulations, and ordinances relating to the Service or Your use of it, and You will be solely responsible for Your own individual violations of any such laws.

You are solely responsible for obtaining and maintaining the equipment and telecommunication services required to access the Service, and all fees associated with it (such as commuting devices and Internet service provider and airtime charges).

Sharing Content and Information

A number of Service features offer opportunities for sharing information with others (the “Interactive Features”). Bacoor does not edit or control User Content that You and other Users post to or distribute through the Interactive Features, and will not be in any way responsible or liable for User Content. Baccoor does not vet or control the Users and other individuals that use the Service. Bacoor shall not be liable for any loss or damage that any person may suffer as a result of using our Service or Features. All Users use the Features at their own risk. Users should exercise caution in interacting with unknown persons that they meet using the Interactive Features in the same way that they would exercise caution in the physical world.

Service Restrictions

No User of this Service shall submit, upload to, distribute through, or otherwise post to the phygitalx.io website (including any Interactive Feature) and any material that:

(a) is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic, or unlawful or that encourages a criminal offense;

(b) contains any advertising, promotional, solicitation, or other commercial material;

(c) contains material from other copyrighted works without the written consent of the owner of such copyrighted material, other than reasonable excerpts permitted under the copyright doctrine of fair use;

(d) infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party;

(e) contains any statement, formula, direction, recipe, prescription, or other matter that involves a reasonably foreseeable risk of injury or damage to the material’s readers or others; or

(f) contains any software viruses or any other code, file, or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment.

PhygitalX Rights

PhygitalX reserves the right (but is not obligated) to do any or all of the following:

(a) record User Content;

(b) Investigate an allegation that User Content or User registration information does not conform to the terms and conditions of this Agreement;

(c) remove User Content or User registration information that is abusive, illegal, or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement;

(d) monitor, edit, or disclose any User Content or User registration information, and otherwise generally monitor Your use of the Service; or

(e) edit or delete any User Content or User registration information, regardless of whether such content violates any terms and conditions of this Agreement.

PhygitalX and PhygitalX Partners have no liability or responsibility to Users of the Service or any other person or entity for the performance or nonperformance of the aforementioned activities.

Links to Third-Party Websites Are Not Endorsements

The phygitalx.io website may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Bacoor. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction with any of these third parties.

Warranty Disclaimer, Limitation of Liability, and Indemnity

WITHOUT LIMITATION OF THE FOREGOING, PHYGITALX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE OR USER CONTENT. THE SERVICE AND USER CONTENT ARE PROVIDED IN “AS-IS” CONDITION, AND PHYGITALX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED TO THE EXTENT PERMITTED BY LAW, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICE AND USER CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICE AND USER CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE OR THE USER CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PHYGITALX OR ANY PARTNERS OR THROUGH THE SERVICE OR USER CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

YOU USE THE SERVICE AND USER CONTENT AT YOUR OWN RISK, AND NEITHER PHYGITALX NOR PHYGITALX PARTNERS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE, OR OTHER EXPLOITATION.

UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM PHYGITALX AND PHYGITALX PARTNERS ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICE OR USER CONTENT, EVEN IF PHYGITALX AND PHYGITALX PARTNERS HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

TOKENS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE APPLICABLE NETWORK. YOU ACKNOWLEDGE AND AGREE THAT NFTS (AND ANY TOKEN ASSOCIATED THEREWITH) ARE NOT AND WILL NOT BE BASED UPON OR REDEEMABLE FOR ANY TANGIBLE OR PHYSICAL ITEM, AND IN NO CASE MAY BE FRACTIONALIZED, OR CAPABLE OF USE AS AN INVESTMENT, SECURITY, OR OTHER FINANCIAL INSTRUMENT, INCLUDING THOSE WITH A PROFIT EXPECTATION, OR KNOWINGLY MARKETED OR USED IN ANY OTHER MANNER THAT WOULD CAUSE TRANSACTIONS RELATED TO THESE TERMS AND CONDITIONS TO BE GOVERNED BY ANY APPLICABLE SECURITIES LAWS, AND ARE NOT CONVERTIBLE VIRTUAL CURRENCIES. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE APPLICABLE NETWORK. WE DO NOT GUARANTEE THAT PHYGITALX OR ANY AFFILIATE OR THIRD-PARTY VENDOR OF PHYGITALX CAN AFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS. WHILE PHYGITALX ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, ANY NFTS LISTED ON THE SITE, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PHYGITALX WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE SITE, INCLUDING ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (I) YOUR ERROR, SUCH AS FORGOTTEN PASSWORDS, KEYS OR CREDENTIALS, OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED DIGITAL WALLET FILES; OR (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR ANY DIGITAL WALLET. WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE APPLICABLE NETWORK OR ANY DIGITAL WALLET, INCLUDING LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING SUCH APPLICABLE NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES CAUSING LOSSES AS A RESULT.

Link to the Privacy Statement

PhygitalX operates the Service under the Privacy Policy published at phygitalx.io/privacy-policy. We urge You to read this policy now and, because the policy is updated from time to time, later at Your convenience. If we make material changes, as determined by us, in the way in which personal information is collected, used, or transferred, we will notify you of these changes by email and by posting a modified version of this Privacy Policy on our website. Your continued use of the Service ten days following any changes means that you accept those changes. Even when we make changes, however, personal information collected by us will be treated in accordance with the version of the Privacy Policy in effect at the time the personal information was collected, unless we obtain your consent otherwise.

Miscellaneous Provisions

No delay or omission by PhygitalX in exercising any of its rights occurring upon any noncompliance or default by You with respect to this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by PhygitalX of any of the covenants, conditions or agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to.” If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between You and PhygitalX regarding its subject matter and supersedes all prior promises, agreements, or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of this Agreement constitutes a writing and Your assent to the terms and conditions hereof constitutes a “signing” for all purposes. There shall be no third-party beneficiaries to this Agreement other than PhygitalX Partners. In no event shall PhygitalX be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside PhygitalX's reasonable control.