MAU Accounts DAO, together with the participants who have joined in accordance with this Agreement (hereinafter referred to as the “Participants”), have agreed on the following:
1.1. In this Agreement and in all documents referred to herein, as well as in additional agreements between the Participants, the following terms have the following meanings (unless otherwise specified):
Blockhain — a technical system that supports the maintenance of a distributed ledger,
Repository — a technical system that supports centralized accounting,
Token — an account in the Blockchain and/or Repository that serves as a measure of attaching a certain volume of rights corresponding to the obligations of the Participants, which can be implemented by presenting the Token through the appropriate record in the Blockchain and/or Repository,
Wallet — software, technical system, or hardware-software complex used for storing and working with Tokens,
Services — services, features, and capabilities provided by MAU Accounts DAO, offered on the Site, through robots, other information and technical systems, including, but not limited to, services for accounting mutual obligations of the Participants, the volume of which is determined in this Agreement,
Site — the website on the internet at mauaccounts.net
2.1. The Participants entrust, and MAU Accounts DAO undertakes, to carry out the accounting of mutual obligations of the Participants in the form of records in registries, for which a technical system supporting the maintenance of a distributed ledger (hereinafter referred to as “Blockchain”) or a technical system supporting centralized accounting (hereinafter referred to as “Repository”) is used.
2.2. As a rule, the accounting of mutual obligations is carried out based on the Blockchain, and the Repository may be used by MAU Accounts DAO as a backup method of accounting to prevent potential violation of the rights and interests of the contract participants in cases of technical and/or organizational necessity, including but not limited to cases of technical failures or unavailability of one or more Blockchains, as well as other circumstances where the use of the Blockchain is impossible and/or not acceptable.
2.3. For the purpose of accounting, MAU Accounts DAO issues accounting units (hereinafter referred to as “Tokens”) in the form of records in the respective registries, where a specific accounting unit serves as a measure of attaching a certain volume of rights corresponding to the obligations of the Participants, which can be implemented by presenting the Token through the appropriate record in the Blockchain and/or Repository. Information about the type, volume, method of performance of the obligation, persons obliged to holders of the Token, and other essential conditions for each type of issued Token must be mandatory placed and/or published on the Site, in the Blockchain, and/or Repository.
2.4. MAU Accounts DAO organizes opportunities for Participants to exchange and mutually assign rights to mutual obligations using the technical means of the Blockchain and/or Repository. These opportunities may be limited in cases of:
• requirements of international legal norms, as well as local jurisdiction norms related to the activities of the Participants, relevant decisions of jurisdictional authorities and regulators, compliance with which is mandatory for the Participants,
• technical requirements and limitations of the used Blockchain and/or Repository,
• obligations of Participants stipulated in the Agreement on the Prevention of Unlawful Activities Using MAU Services and Agreements,
• other cases specified in this Agreement and additional agreements between the Participants.
2.5. In the case of using one or more Blockchains and/or one or more Repositories, MAU Accounts DAO undertakes to organize the possibility of transferring records of mutual obligations of the Participants regarding Tokens between available Blockchains and/or Repositories.
2.6. MAU Accounts DAO shall not be liable for any losses or other issues that may arise as a result of MAU Accounts DAO’s decision to maintain or not maintain a specific Blockchain and/or Repository.
3.1. This agreement is an adhesion contract. The actions taken to use the Services, as well as the actions taken by exchanging electronic documents in the Blockchain, Repository, information systems with accounting units representing the volume of mutual obligations determined in this Agreement (concluding actions), are equivalent to concluding the Agreement in simple written form. By performing such actions, the Participant confirms that they have read, understood, and fully agree with the terms of the Agreement, which are periodically updated and corrected.
3.2. None of the rules of the Blockchain, Repository, and/or information system that facilitate the actual interaction of the Participants in the execution of this Agreement can per se determine the content of the mutual rights and obligations of the Participants under the Agreement and replace the conditions for their implementation established by the Agreement. The effect of these rules is limited to the execution and clarification of the conditions set forth in the Agreement as the main ones.
3.3. The Parties recognize documents in electronic form in the Blockchain, Repository, information systems used by the Participants together with MAU Accounts DAO (including, but not limited to, acts, contracts, accounts, statements for accounts) concluded using information and telecommunications systems and signed by the analog of a handwritten signature as legally equivalent to the corresponding documents in simple written form.
3.4. The Parties acknowledge that actions taken in the Blockchain, Repository, information systems used by the Participants together with MAU Accounts DAO and recorded in electronic form are expressions of will to establish, change, and terminate legal relationships for the conclusion and execution of transactions (including this Agreement). They can be used to confirm the concluded and executed transactions, including as evidence in courts and other jurisdictional bodies, when considering disputes arising from civil law transactions, confirming their validity, legal and claim force.
3.5. The Agreement on the Prevention of Unlawful Activities Using MAU Services and Agreements is a part of this Agreement.
4.1. Nothing in the definition of the obligations provided in the Agreement should be interpreted as recognizing these obligations as monetary or financial in accordance with the law of any applicable jurisdiction, and the relationships arising between the parties to the Agreement and/or resulting from the exchange and mutual concession of these rights should not be considered as settlement relationships.
4.2. The abbreviation “USD” in the names of accounting units under no circumstances should be considered as related to any of the currencies of existing states, and in relation to the relationships between the parties to the Agreement, it implies a quantitative comparison of the volume of an obligation attributable to an accounting unit with the magnitude of gross domestic product attributed to one international dollar - a conditional financial unit applied in comparing macroeconomic indicators of different countries worldwide, as practiced by the UN (https://unstats.un.org/unsd/methods/icp/ipc7_htm.htm), IMF (https://www.imf.org/external/datamapper/PPPEX@WEO/OEMDC/ADVEC/WEOWORLD/SAU), and the World Bank (https://datahelpdesk.worldbank.org/knowledgebase/articles/114944-what-is-an-international-dollar). Similar conditions apply to any parts of the names of accounting units that may be textually perceived as similar and/or fully or partially coinciding with the names of fiat currencies, trademarks, brand names, security tickers, etc. Unless otherwise agreed by the parties to the Agreement, none of this should be misleading or considered as a direct or indirect connection to similar entities with similar names.
4.3. None of the parties to the Agreement has the right, within the framework of this Agreement, to exchange or settle accounting units for money, cash, currency, or valuable securities in any applicable jurisdiction.
5.1. Participants consent to the collection, processing, storage, and transfer of their personal data by MAU Accounts DAO, including any actions (operations) carried out with or without the use of automation tools involving personal data, such as collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transmission (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data, transfer and/or cross-border transfer of the Participant’s personal data to any third parties by MAU Accounts DAO. Actions (operations) with participants’ personal data are carried out for the purpose of fulfilling the Agreement and other concluded agreements, complying with international legal norms, as well as local jurisdictional norms related to the activities of the participants, relevant decisions of jurisdictional authorities and regulators, the implementation of which is mandatory for the participants. This consent of participants to the collection and processing of personal data applies to any use of personal data by MAU Accounts DAO.
5.2. MAU Accounts DAO ensures the protection of the personal data obtained from participants, prevents unauthorized access to personal data, timely detects facts of unauthorized access to personal data (if such unauthorized access was not prevented), and minimizes the adverse consequences of unauthorized access to personal data.
5.3. The consent to the processing of participants’ personal data and other specified actions is provided by the participant without any time limit, and can only be revoked by the participant upon written notice to MAU Accounts DAO no less than one hundred eighty days before the intended date of termination of the use of personal data.
5.4. In the performance and for the purpose of fulfilling this Agreement, MAU Accounts DAO issues and complies with, and the participants accept, the Privacy Policy.
6.1. MAU Accounts DAO provides the Services on an “as is” and “as available” basis, with all present and possible faults, and disclaims any other warranties, obligations, and conditions associated with them, whether express or implied, including, but not limited to: any warranties of fitness for use, suitability for a specific purpose, absence of viruses and/or other harmful components, accuracy or completeness of functionality and results of their operation, absence of negligence, and correction of defects. No warranties are provided and no obligations are accepted for the preservation of property, peaceful possession, and peaceful ownership, compliance with the description, and non-infringement of anyone’s rights. The Participant assumes all risks associated with the use or quality of the Services. MAU Accounts DAO assumes no responsibility for any losses or damages, direct or indirect, arising from any use or inability to use the Services in any form, regardless of the basis on which liability is claimed, even if MAU Accounts DAO has been informed of the possibility of such loss or damage.
6.2. Except as otherwise provided in this Agreement, MAU Accounts DAO shall not be liable and assumes no responsibility for any losses, damages, accidents, expenses, or any other expenditures (including, without limitation, legal costs, attorney fees, or expenses related to any claim or lawsuit), as well as for any direct or indirect losses, lost profits, loss of data, failure or malfunction of information and/or technical systems, and all other losses (collectively referred to here as “Losses”) directly or indirectly arising from or related to:
• this Agreement,
• the Site and its use,
• the use of the Services by you,
• any inaccurate, misleading, or incomplete statement made by MAU Accounts DAO and/or posted on the Site, caused by the negligence of MAU Accounts DAO or any other reason;
• any failure, delay, malfunction, interruption, or decision by MAU Accounts DAO in working with the Blockchain, Repository, Site, or providing any Service;
• any stolen, lost, or unauthorized use of software information for Token operations (Wallet), any security breach or data breach related to Wallet information, as well as any criminal actions or actions by third parties affecting MAU Accounts DAO or any of its partners;
• any offer, representation, proposal, statement, or claim made against MAU Accounts DAO, the Site, or any Service by any partner of MAU Accounts DAO;
• any delay in withdrawal or redemption or loss of value of Tokens or reserves supporting such Tokens, arising from the bankruptcy or insolvency of any bank, custodian, trustee, borrower, or payment system holding or processing assets supporting the Tokens, or as a result of theft of such assets or as a result of freezing, arrest, or other actions by competent authorities of any jurisdiction;
• the decision of MAU Accounts DAO to support or not support a specific Blockchain or protocol, information or technical system;
• the Participant’s inability to transfer his Tokens to another Blockchain or Repository;
• any other person using the Participant’s Tokens, Wallet, account, or password, with or without the knowledge of the Participant.
6.3. Each Participant agrees to release MAU Accounts DAO and its partners from any liability for any Losses and also undertakes to indemnify, preserve and indemnify MAU Accounts DAO and its partners from any Losses. The above-mentioned limitations of liability shall apply regardless of whether the alleged liability or losses are based on contract, negligence, gross negligence, tort, unjust enrichment, violation of laws or regulations, or any other basis, even if MAU Accounts DAO and/or its partners have been notified or should have been aware of the possibility of such losses and damages, and without regard to the success or effectiveness of any other means of legal protection.
7.1. Parties are exempt from liability for partial or complete non-performance of obligations under this Agreement, caused by circumstances of force majeure that arose after the conclusion of the contract as a result of events of an extraordinary nature that the Parties could neither foresee nor prevent by reasonable measures.
7.2. Circumstances of force majeure under this agreement include events that the Party cannot influence and for which it is not responsible, including, but not limited to: natural disasters, natural and industrial catastrophes, strikes or labor disputes, terrorist acts, armed conflicts, nuclear conflicts, actions of extraterrestrial civilizations, civil unrest, adoption by international organizations, government or local government bodies of acts containing prohibitions or restrictions on the activities of the Parties under this Agreement, damage, alteration, violation of operating rules, change in the logic of operation of software or hardware elements that ensure the functioning of the Blockchain, Repository, Site, other information and/or technical systems used for the provision of Services by third parties, detection of defects or inconsistencies with the stated parameters of any of the components ensuring the functioning of the Blockchain, Repository, Site, other information and/or technical systems used for the provision of Services, supplied by a third party (including, but not limited to: logic errors, mathematical errors, cryptographic vulnerabilities, software vulnerabilities, etc.), other circumstances that cannot be foreseen or prevented by the Parties.
7.3. In case of force majeure circumstances, MAU Accounts DAO is exempt from any obligations to perform the Agreement.
8.1. All disputes between the Contracting Parties shall be resolved by sending claims by the Participants to each other and by resolving any disagreements through negotiations.
8.2. All issues not resolved by this Agreement, agreements that are parts of this Agreement, and additional agreements concluded by the Participants shall be resolved in accordance with internationally recognized principles and norms of international law and the applicable legislation of the relevant jurisdictions.
8.3. MAU Accounts DAO does not consent in advance to the consideration and resolution of any issues and/or disputes directly or indirectly related to the obligations under the Agreement in any competent authorities of jurisdictions in relation to which MAU Accounts DAO has been notified on the Site and/or otherwise that the Services of MAU Accounts DAO are not provided to persons from these jurisdictions and therefore such individuals are not entitled to be Participants of this Agreement.
8.4. Any failure by MAU Accounts DAO to take measures to implement any rights, powers or remedies under this Agreement or any delay in doing so shall not constitute a waiver of any such right, power or remedy. The exercise of any right, power or remedy by MAU Accounts DAO once or partially shall not hinder the exercise of any other rights, powers or remedies.
9.1. The Agreement may be amended through the conclusion of additional agreements between the Participants. MAU Accounts DAO has the right to change or supplement the terms of the Agreement by publishing the changes on the Site at any time and without prior notice to other Participants. If a Participant does not terminate or continues to use any Services after the effective date of any amendments, changes or updates, it signifies their agreement with the Agreement as amended by such amendments, changes or updates.