Terms of Use

Updated on July 18th, 2023

General Terms

E-CONNECT Inc. ("EVOSIM UNIVERSE", the "Company", "we", "us" or "our") is a company focused on software development of cutting-edge information technology services and products. By accessing and using Services with us, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below.

These Terms & Conditions are a contract between you and EVOSIM UNIVERSE the provider of the EVOSIM UNIVERSE website, and mobile app.

For the avoidance of doubt Terms & Conditions, Cookie Policy, Privacy Policy, and other legal documents shall constitute the entire Agreement.

You are agreeing to be bound by the Agreement. If you do not agree to the Agreement, please do not use the EVOSIM UNIVERSE Service. In these Terms & Conditions, "you" and "user" refers both to you.

Definitions and key terms

To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, are strictly defined as:

• Account: means an account registered by the User in the App or Website, if any.

• Cookie: a small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you such as your language preference or login information.

• Company: when these terms mention “Company,” “EVOSIM UNIVERSE”, “we,” “us,” or “our,” it refers to E-CONNECT INC., a company registered under the laws of the Republic of Panama with its registration number 155736443, that is responsible for your information under these Terms & Conditions.

• Device: any internet-connected device such as a phone, tablet, or any other device that can be used to visit the EVOSIM UNIVERSE website or use the app and use the services.

• Digital Asset: means a digital representation of value or rights which may be transferred and stored electronically, using distributed ledger technology or similar technology;

• Game: means a mobile and/or Web game provided by the Company.

• Platform: an environment created by EVOSIM UNIVERSE that allows using its Services.

• Services: refers to the service provided by EVOSIM UNIVERSE as described in the relative terms (if available) including but not limited to Game, Wallet.

• You, user: a person or entity that is registered with EVOSIM UNIVERSE to use the Services.

• Wallet: is software designed for managing digital assets like tokens, and cryptocurrencies, (collectively referred to as "Digital Assets"). It operates as a non-custodial wallet, which implies that you have complete control and responsibility over your Digital Assets and private keys. As a result, only you have the authority to authorize transactions from your wallet address.

• Website: means EVOSIM UNIVERSE’S website at https://evosimuniverse.com/

Scope of Services

The main service is a mobile game app that involves interaction with in-game items.

The additional service is a decentralized crypto Wallet.

With Wallet, you have the ability to:

• generate wallet addresses and their corresponding private keys, enabling you to send and receive digital assets;

• store locally on your own device tokens, cryptocurrencies, and other crypto or blockchain-based digital assets (collectively, "Digital Assets")

• explore and access decentralized applications (DApps) and decentralized exchanges (DEX) provided by third-party service providers, if any;

• view addresses and information that is part of digital asset networks and broadcast transactions;

• use additional functionality as may be added to the App from time to time.

EVOSIM UNIVERSE is a software developer. It's important to note that EVOSIM UNIVERSE does not operate a Digital Asset exchange platform or provide trade execution or clearing services. As a result, EVOSIM UNIVERSE has no oversight, involvement, or control over any transactions you undertake using the Services, if applicable. The responsibility for your transactions and their execution rests solely with the platforms or third-party service providers you utilize, independent of EVOSIM UNIVERSE.

User representation and warranties

By registering and using our Services, you confirm that:

• You are at least 18 years old and possess the legal capacity to enter into agreements.

• You are not a resident of any jurisdiction that is subject to sanctions under EU legislation and FATF lists.

• You are not subject to any sanctions imposed by the EU, UN, USA, or any other authorities worldwide.

• You are not situated in or a citizen or resident of any state, country, territory, or jurisdiction where your use of the Services is entirely illegal and in violation of applicable laws.

• You represent and warrant that you have read, understood, and accept these Terms & Conditions, the Privacy Policy, Cookie Notice, and other legal documents of the Company.

By using our Services, you explicitly recognize and consent to the fact that you bear complete responsibility for your actions and assume any potential risk of loss at all times.

By using the Services, you confirm and guarantee that any information you provide is both accurate and complete. Please be aware that we cannot be held accountable for any mistakes or oversights made by you during any Digital Asset transaction conducted through the Services. We highly recommend carefully reviewing your transaction details prior to initiating a transfer of a Digital Asset.

Also, you agree not to, and you will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the website/app or make the platform available to any third party;

• Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website/app;

• Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of E-CONNECT Inc. or its affiliates, partners, suppliers or the licensors of the website/app.

You acknowledge and agree that you are prohibited from using our Services to participate in, support, or engage in any illegal activities, including but not limited to illegal or prohibited trading, illegal gambling, fraud, money laundering, or terrorist activities. If we discover that you have violated these Terms or any applicable laws or regulatory requirements, we reserve the right to take all necessary actions against you, in accordance with these Terms and applicable law.

Additionally, you agree that:

(i) You will not encourage or induce any third party to engage in the prohibited activities mentioned above;

(ii) You will not impersonate another user or attempt to use someone else's wallet without authorization. Furthermore, you will not use our Services in any way that could interfere with, disrupt, negatively affect, or inhibit other users from enjoying the Services;

(iii) You will not distribute any viruses or other harmful computer code through Services;

(iv) You will not take any action that could impose an unreasonable or disproportionately large load on our infrastructure or that of our third-party providers;

(v) You will not attempt to reverse engineer, bypass, circumvent, or otherwise interfere with any measures we have implemented to prevent or restrict access to the Services, including but not limited to other accounts, computer systems, or networks connected to it;

(vi) You will not violate, misappropriate, or infringe upon the rights of Services, our users, or any other parties, including their privacy, publicity, intellectual property, or other proprietary rights;

(vii) You will guard Your Private Keys and Secret Phrase in case of usage of Wallet and, ensure that Your device(s) are fully updated and do not contain viruses, malware, or otherwise malicious software.

While we have no obligation to monitor user content, we retain the absolute discretion to take necessary actions without notice if you breach these Terms. Any use of the Services that is not explicitly authorized in these Terms and without our prior written permission is strictly prohibited. We reserve the right to terminate your license to use the Services immediately and without notice.

It is your sole responsibility to determine the applicability of any taxes to the transactions you conduct and provide transaction details via the Services. Additionally, it is your responsibility to accurately report and remit the required taxes to the relevant tax authority. Please note that we are not liable for determining the tax obligations related to your transactions or for the collection, reporting, withholding, or remittance of any taxes arising from your Digital Asset-related transactions. The responsibility for complying with tax regulations falls entirely on you as the user.

EVOSIM UNIVERSE grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to use the services in accordance with the terms of this Agreement.

Company's rights and responsibilities:

By opting in, you consent to receive push notifications from our app including the Wallet. When notifications are sent from Wallet, these notifications serve, for instance, to inform you about congestion in blockchain networks supported by Wallet and to notify you when transactions involving your wallet have been successfully completed.

You acknowledge and agree that we have the right to assign any of our rights and transfer, subcontract, or delegate any of our obligations under these Terms & Conditions, without the need for any notice or consent from you. These Terms will be binding upon and will benefit the parties involved, as well as their successors and permitted assigns. Your agreement to these Terms is specific to you and cannot be transferred or assigned to any third party by you.

We reserve the right to reject any registration and to refuse Services to anyone for any reason, at our sole and absolute discretion, and without any obligation to indemnify the concerned person or User.

Secret Phrase and Private Keys

You bear exclusive responsibility for the safekeeping and security of your private key and any mnemonic phrase ("Secret Phrase") associated with your Wallet. It is crucial that you maintain the security of your wallet address, Secret Phrase, and private key access information. It is highly recommended to regularly backup your private keys, backup phrases, or passwords. Failure to do so may result in the loss of control over the Digital Assets linked to your wallet.

Please note that we do not receive or store your wallet password, encrypted private key, unencrypted private key, or Secret Phrase associated with your wallet. In the event that you forget your original password, we cannot generate a new password for your wallet. If you have not securely stored a backup of your wallet address and private key pairs maintained in your wallet, it is acknowledged and accepted that any Digital Assets associated with that wallet address will become inaccessible. Consequently, we hold no responsibility or liability whatsoever if you are unable to access your wallet due to reasons including, but not limited to, your failure to maintain the security of your wallet address, Secret Phrase, and private key information.

Transactions

For all proposed Digital Asset transactions to be finalized, they must undergo confirmation and recording in the associated public blockchain (on-chain and/or off-chain) of the respective Digital Asset. These blockchains are decentralized, peer-to-peer networks operated by independent third parties, which we neither own, control, nor operate. Consequently, we lack control over the blockchain networks and cannot ensure the confirmation and processing of any transaction details you provide through our Services. By using Wallet, you acknowledge and agree that:

(i) We are unable to cancel or modify your transaction in any way;

(ii) The transaction details you submit may experience delays or may not be completed by the relevant blockchain networks;

(iii) We do not store, send, or receive Digital Assets;

(iv) Any transfer of Digital Assets occurs exclusively on the relevant blockchain network and not on a network owned by us. Therefore, we cannot guarantee the transfer of title or rights to any Digital Asset.

Digital asset transactions may entail transaction fees, such as mining fees, as mandated by the digital asset system or blockchain network you are using. It is your responsibility to ensure that your wallet has a sufficient balance and/or "gas" to cover these fees before initiating a transaction. Please note that we cannot be held responsible for any failed transactions or losses incurred due to incorrectly set transaction fees (i.e., fees set too low or too high) or insufficient funds or gas associated with your wallet address. Additionally, we want to emphasize that we do not have access to your transactions or the transactions of other users. Although we will attempt to provide accurate fee information, any such information reflects our estimate of fees, which may vary from the fees actually paid.

Please be aware that you may be subject to charges imposed by third parties for using Third-Party Services. For instance, you may encounter fees when using Dapps or other third-party services, including decentralized exchanges, that you access through the App. And/or Website. These charges are determined and imposed by the respective third parties and are not within our control. It is important to review and understand the terms and conditions, including any associated fees, of the specific Third-Party Services you utilize.

Links to Other Websites

These Terms & Conditions apply only to the Services. The Services may contain links to other websites not operated or controlled by EVOSIM UNIVERSE. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

Amendments and updates

You acknowledge and agree that EVOSIM UNIVERSE may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at EVOSIM UNIVERSE’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform EVOSIM UNIVERSE when you stop using the Service. You acknowledge and agree that if EVOSIM UNIVERSE disables access to your account, you may be prevented from accessing the Service, your account details, or any files or other materials which is contained in your account.

If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.

EVOSIM UNIVERSE reserves the right to modify, suspend or discontinue, temporarily or permanently, the website/app or any service to which it connects, with or without notice and without liability to you.

EVOSIM UNIVERSE may from time to time provide enhancements or improvements to the features/ functionality of the website/app, which may include patches, bug fixes, updates, upgrades, and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the website/app. You agree that EVOSIM UNIVERSE has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website/app to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the website/app, and (ii) subject to the terms and conditions of this Agreement.

Third-Party Services

We may display, include or make available third-party content (including data, information, applications, and other products and services) or provide links to third-party websites or services ("Third-Party Services").

You acknowledge and agree that EVOSIM UNIVERSE shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. EVOSIM UNIVERSE does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

If you choose to grant explicit permission, as permitted by Wallet, to a third party to access or connect to your Wallet account, whether through the third party's product or service or through Wallet itself, you acknowledge that such permission does not absolve you of any of your responsibilities outlined in these Terms & Conditions. You bear full responsibility for all actions or inactions taken by any third party with access to your wallet. It is important to exercise caution and carefully consider the implications of granting access to your wallet to any third party.

We provide access to Third Party Services for your convenience. However, we do not have control over the content of these services, and we do not warrant or endorse them. We are not responsible for the availability or legitimacy of the content, products, or services offered on or accessible from these Third Party Services, including any related websites, resources, or links provided within them. We make no warranties or representations, whether express or implied, about these linked Third Party Services, the third parties that own and operate them, the information they contain, or the suitability of their products or services.

You acknowledge that you are solely responsible for your use of any third-party websites, applications, or resources and assume all associated risks that may arise from such use

We retain the exclusive right to make additions, modifications, or cancellations to the availability of any Third Party Service.

Copyright Infringement Notice

If you are a copyright owner or such owner’s agent and believe any material on our website/app constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

Indemnification

You agree to indemnify and hold EVOSIM UNIVERSE and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the website/app; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

Beta Services

In the case of any Service labeled as a "beta" version ("Beta Service"), you understand and accept that a Beta Service may have more or fewer features compared to the final release of the Service. We reserve the right, at our sole discretion, to decide not to release a final version of a Beta Service or to modify its features, specifications, capabilities, functions, licensing terms, release dates, general availability, or other characteristics. Beta Services may not be suitable for use in a production environment and may contain errors that can affect their proper operation and functionality. You acknowledge and agree that under no circumstances shall the EVOSIM UNIVERSE be held liable for any damages, including losses resulting from any failure of a Beta Service.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall EVOSIM UNIVERSE or its affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website/app, third-party software and/or third-party hardware used with the website/app, or otherwise in connection with any provision of this Agreement), even if EVOSIM UNIVERSE or any affiliate has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Please note that we are not liable for the following, including but not limited to: any unauthorized use of your wallet address and/or private key due to your failure to maintain the confidentiality of your wallet; any interruption or cessation of transmission to or from the Services; any bugs, viruses, Trojan horses, or similar harmful elements found in the Wallet software or transmitted through our Services by any third party; any actions we take or fail to take in response to your communications; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions, or defects of any device, network, providers, or software (including those that prevent participation in our Services); any injury or damage to computer equipment; inability to fully access our website, Wallet, or the Services, or any other website; theft, tampering, destruction, or unauthorized access to images or other content; data that is processed late, incorrectly, or is incomplete or lost; typographical, printing, or other errors; or any other matter related to the website, Wallet application, or any aspect of the Services.

Please be aware that some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In no event shall our liability to you for all damages (except as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred U.S. dollars ($100.00 USD) or its equivalent in the local currency of the applicable jurisdiction.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and EVOSIM UNIVERSE’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

You and EVOSIM UNIVERSE agree that any cause of action arising out of or related to the services must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.

Waiver

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Intellectual Property

The website/app, Wallet and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by EVOSIM UNIVERSE, its licensors or other providers of such material and are protected and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of EVOSIM UNIVERSE, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

The Services and/or Wallet may consist of copyrighted material and trademarks, including text and graphics (referred to as the "Content"), which are protected by copyright law, registered and unregistered trademarks, and other intellectual property rights. Unless explicitly stated otherwise, we exclusively own the Content. Your use of Services and/or Wallet does not grant you any rights, titles, or interests in the Content. You agree not to copy, reproduce, modify, republish, upload, post, transmit, distribute, collect, sell, license, create derivative works from, or exploit any portion of the Content, whether in whole or in part, in any way, whether manually or through automated means.

Term and Termination

This Agreement shall remain in effect until terminated by you or EVOSIM UNIVERSE.

EVOSIM UNIVERSE may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from EVOSIM UNIVERSE, in the event that you fail to comply with any provision of this Agreement.

Upon termination of this Agreement, you shall cease all use of the website/app and delete all copies of the website/app from your computer.

Termination of this Agreement will not limit any of EVOSIM UNIVERSE's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Disclaimer

EVOSIM UNIVERSE is not responsible for any content, code, or any other imprecision.

EVOSIM UNIVERSE does not provide warranties or guarantees.

In no event shall EVOSIM UNIVERSE be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents of the Service at any time without prior notice.

THE EVOSIM UNIVERSE SERVICE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EVOSIM UNIVERSE SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS IN ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH THE E-CONNECT SERVICE OR ON SITES THAT MAY APPEAR AS LINKS ON THE EVOSIM UNIVERSE SERVICE, OR IN THE PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE EVOSIM UNIVERSE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY EVOSIM UNIVERSE OR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE WILL CREATE A WARRANTY. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. WITHOUT LIMITING THE FOREGOING, EVOSIM UNIVERSE DOES NOT WARRANT THAT THE EVOSIM UNIVERSE SERVICE WILL BE UNINTERRUPTED, UNCORRUPTED, TIMELY, OR ERROR-FREE.

THE USER ACKNOWLEDGES AND AGREES THAT THE COMPANY RESERVES THE RIGHT TO USE A BETA VERSION OF SERVICES, THEREFORE IT MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS AND IS PROVIDED TO THE USER "AS-IS." THEREFORE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVOSIM UNIVERSE DISCLAIMS ANY WARRANTY, CONDITION, AND/OR LIABILITY OBLIGATIONS TO USERS OF ANY KIND WITH RESPECT TO THE BETA VERSION OF SERVICES, IF ANY.

Force Majeure

We shall not be held responsible for any delays, performance failures, or Service interruptions that directly or indirectly result from causes beyond our reasonable control. These causes may include, but are not limited to, acts of God, actions taken by civil or military authorities, acts of terrorism, civil or industrial disturbances, blockades, embargoes, war, strikes or other labor disputes, fires, earthquakes, storms, or other natural events, interruptions in electrical, telecommunications, or internet services, failures of hardware or software equipment, utility failures, smart contract bugs or vulnerabilities, technological changes, changes in interest rates or monetary conditions, changes to blockchain protocols, other catastrophes, or any other events that are beyond our reasonable control.

Such events shall not invalidate or affect the enforceability of any remaining provisions in these Terms. If we are unable to provide our Services as outlined in the Terms due to factors beyond our control, including the force majeure events or changes in applicable laws and/or sanctions policies, we shall not be held liable for the Services provided during the period coinciding with the event in question.

Jurisdiction and applicable law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of Panama. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Panama.

Contact us

If you have any questions, please contact us at: [e-mail]