Terms and Conditions
Effective Date: September 5, 2025
These terms (“Terms”) govern the use of (i) any products or services provided by Livcare sl (“Pond3r”, “we”, “us”, “our”) through any of its websites (including, but not limited to, https://pond3r.xyz and any associated subdomains) (the “Website”),(ii) its proprietary, open-source software protocol (the “Software”); and/or (iii) Pond3r’s platform that connects creators with other users (the “Platform”) (collectively, the “Services”).
These Terms are a binding legal agreement between Pond3r and the users of Pond3r, its Services, Software and Platforms (“you”, “your”, “user(s)”). By accessing or using the Services, you represent that (1) you have read, understand, and agree to be bound by these Terms; (2) you are of legal age to form a binding contract with us; and (3) you have the authority to enter into these Terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS TO NOR USE THE SERVICES.
Please read these Terms and our Privacy Policy carefully before using our Services. Your use of, and participation in, certain Services may be subject to additional terms or policies not addressed in these Terms (the “Supplemental Terms”), which will either be listed in the Terms or presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.
PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY POND3R IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Pond3r will make a new copy of the Terms applicable to the Services and any new Supplemental Terms (if any) and update the “Effective Date” at the top of the Terms. Any changes to the Terms will be effective immediately for new users of the Website and/ or Services and will be effective thirty (30) days after posting notice of such changes on the Website and/or Services for existing users of the Services. Pond3r may require you to provide consent to the updated Terms in a specified manner before further use of the Website and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
REGISTRATION
Account Registration
You must create an account with Pond3r (the “Account”) to access the Services. When you create an Account, you agree to (i) provide accurate, current, complete and truthful information; (ii) maintain and promptly update your Account information to keep it accurate, current, complete and truthful; (iii) promptly notify us if you discover or otherwise suspect any security breaches related to your Account; and (iv) take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law. Please consult our Privacy Policy.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Pond3r has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Pond3r has the right to suspend or terminate your Account and refuse any and all current or future use of Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself unless expressly authorized to do so.
Connecting your Wallet
You may be able to connect one or more Wallets or Third-Party Accounts to your Account in order to access certain Services or features of the Services. For the purpose of these Terms, “Wallet” shall mean a software-based system for secure storage of Digital Assets and payment information related thereto and “Third-Party Account” shall mean a social networking service supported by the Services or a valid third-party Wallet compatible with the Services.
You represent that you are entitled to connect any Wallet that you connect to the Services and to grant any permissions that you grant us in and to such Wallet in order to facilitate any Services.
REPRESENTATIONS
General Representations
You represent and warrant that you have read and understood these Terms and you acknowledge and agree that there are risks associated with the Services and that the use of the Services is at your own risk and responsibility. You have a sufficient understanding of technical and business matters, cryptographic tokens, token storage mechanisms, and blockchain technology to understand these Terms. You have obtained sufficient information about the Services to make an informed decision to use them.
Assumption of risk associated with Blockchain technology
You accept and acknowledge that you take full responsibility for all activities that you effect through your Wallet and accept all risks of loss, including loss as a result of any authorized or unauthorized access to your Wallet, to the maximum extent permitted by law. Pond3r does not store, send, or receive any cryptocurrency, cryptoasset, blockchain-based token, or other digital asset (the “Digital Assets”).
You further accept and acknowledge that there are risks associated with using an Internet based currency, including but not limited to, the risk of hardware, software and Internet connections; the risk of malicious software introduction; the risk that third parties may obtain unauthorized access to information stored within your Wallet; and the risk of counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. You accept and acknowledge that Pond3r will not be responsible for any communication failures, disruptions, errors, distortions or delays or losses you may experience when using blockchain technology, however caused.
Moreover, the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Services.
USE OF THE SERVICES
User Code of Conduct
You agree that you are solely responsible for your conduct in connection with the Services. You agree and acknowledge that you will not use the Platforms or Services (i) in a manner that violates any applicable law, regulation, contract, intellectual property right or other third party right; (ii) to fund terrorism or other criminal activity; (iii) to circumvent any export restrictions or economic sanctions; or (iv) to engage in unlawful money transmission, currency exchanging, or money laundering.
You shall not use any material that is false, offensive, harmful, obscene or pornographic, hateful, defamatory, libellous, derogatory, abusive, threatening, or in any other way illegal or infringing upon the legal rights of others, or in violation of this clause.
You shall be civil and respectful of other users and shall not display toxic, trolling or behaviours that lead to harassment of any kind including, but not limited to, mental or emotional.
OWNERSHIP
Copyrights and License
The Services are protected by copyright laws throughout the world. You agree that Pond3r and its licensors own all rights, title and interest in and to the Services. Unless otherwise specified by Pond3r in a separate license, your right to use any and all Services is subject to these Terms.
Subject to your compliance with the Terms, Pond3r grants you a a non-assignable, non-transferable, revocable, non-exclusive and limited license to access the Platform and use the Software solely for the sole purpose of using the Services for your personal or internal business purposes and solely in accordance with the functionality of the Services and these Terms.
Trademarks
All graphics, logos, service marks and trade names used on or in connection with any the Services are the trademarks of Pond3r and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
Third-Party Services
We may use third-party sites, services or resources and make no representation or warranties of any kind regarding any site, service, or resource provided by a third party including, but not limited to, any representations or warranties regarding its accuracy, completeness, usefulness, security, or legitimacy.
CONTENT
Pond3r Content
Unless otherwise indicated by us and except with respect to your Wallet and any User Content, all copyright and other intellectual property rights in all content and other materials contained on our website or Platform or provided in connection with the Services, including, without limitation, Pond3r’s logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of Pond3r or our licensors or suppliers and are protected by copyright laws and other intellectual property rights laws.
User Content
You acknowledge that all any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials originated by users of the Services (the “User Content”), is the sole responsibility of the party from whom such User Content originated. This means that you and other users of the Services, and not Pond3r, are responsible for all User Content and for any harm resulting from its use.
INDEMNIFICATION
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Pond3r and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns from and against all claims, demands, actions, damages, losses, costs and expenses that arise from or relate to your use of the Services, your responsibilities or obligations under these Terms, your violation of any of these Terms and/or of any applicable laws or regulations.
DISCLAIMERS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND, EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY US, OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND POND3R EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES AS TO THE SERVICES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NO INFORMATION IN THESE TERMS NOR IN THE PLATFORM SHOULD BE CONSIDERED TO BE BUSINESS, LEGAL, FINANCIAL OR ADVICE REGARDING CONTRIBUTION OR PARTICIPATION TO THE DEVELOPMENT OF THE POND3R NETWORK AND ANY OF ITS PROJECTS. POND3R DOES NOT MAKE OR INTENDS TO MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATION, WARRANTY OR UNDERTAKING IN ANY FORM WHATSOEVER TO ANY ENTITY OR PERSON.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event we or any of the Company Parties shall be liable for any indirect, special, incidental, consequential, or exemplary damages of any kind arising out of or in any way related to the use of or inability to use our Services or otherwise related to these Terms, regardless of the form of action, whether based in contract, tort, or any other legal or equitable theory.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms will be governed by and constructed in accordance with the laws of England and Wales. Any disputes arising out of these Terms, the use of our Services shall be resolved by the courts of England.
MISCELLANEOUS
Severability
If any term, clause or provision of these Terms is held unlawful, void or unenforceable then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Assignment
You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. We may assign any or all of our rights and obligations under these Terms, in whole or in part, without obtaining your consent or approval.
Amendment
We reserve the right to modify, update and/or change the Terms contained herein from time to time. Such changes shall be reflected in our Terms, and continuing usage shall imply acceptance of the new Terms.
PRIVACY POLICY
In order to use the Services you may be required to register at our Platform and provide the necessary information requested by us on the Platform, for the purpose of verifying your identity according to the law. By using the Services, you agree to provide us with requisite information promptly upon request. Please consult our Privacy Policy.