Terms and Conditions

1.1 OpenEarn is a trading name of Flowstate Capital GmbH, a company incorporated under the laws of Switzerland, with its registered office at Heinzenbergstrasse 1, 7421 Cazis, Switzerland (hereinafter referred to as "OpenEarn", "we", "us", or "our").

1.2 These Terms and Conditions (the "Terms") govern access to and use of the OpenEarn platform and all related services, including but not limited to advertisement-based token earning, token utilization, artificial intelligence services, and participation in decentralized computational resource sharing via the OpenGPU Network (the "Services").

1.3 By creating an account or otherwise accessing or using the Services, the user (the "User") agrees to be bound by these Terms.

2.1 Use of the Services requires registration of an account.

2.2 Users may create and maintain multiple accounts, provided that such use does not violate these Terms.

2.3 Users are responsible for maintaining the confidentiality of their account credentials and for all activities conducted through their accounts.

2.4 OpenEarn reserves the right, at its sole discretion and without prior notice or justification, to suspend, restrict, or terminate any account at any time.

3.1 The Services enable Users to view advertisements and receive digital tokens in return, utilize such tokens within the platform, and optionally participate in decentralized compute sharing.

3.2 OpenEarn provides the Services on an "as is" and "as available" basis without any guarantees regarding availability, functionality, or performance.

3.3 OpenEarn reserves the right to modify, suspend, or discontinue any aspect of the Services at any time without liability.

4.1 Tokens made available through the Services are utility-based and do not represent any form of currency, financial instrument, ownership right, or claim against OpenEarn.

4.2 Tokens are granted to Users upon completion of specific actions, including but not limited to viewing advertisements, subject to system conditions.

4.3 OpenEarn does not guarantee that tokens can be converted into crypto-assets or any other form of value, and any such conversion may be subject to delays, conditions, or third-party processes.

4.4 Tokens have no guaranteed monetary value and may not be redeemable outside the Services.

5.1 Users may earn tokens by viewing advertisements made available through the platform.

5.2 OpenEarn does not guarantee the availability, frequency, or continuity of advertisements.

5.3 OpenEarn reserves the right to modify, limit, or suspend advertisement-based rewards at any time.

6.1 Certain functionalities, including the conversion of tokens into crypto-assets, may be facilitated through infrastructure associated with the OpenGPU Network or other third parties.

6.2 OpenEarn does not provide financial, investment, or legal advice.

6.3 OpenEarn is not responsible for any losses, damages, or liabilities arising from the use of crypto-assets, third-party services, or decentralized systems.

7.1 Users may voluntarily provide computational resources, including but not limited to GPU and CPU capacity, through their devices.

7.2 Such participation occurs entirely at the User's own risk.

7.3 OpenEarn does not guarantee performance, efficiency, or outcomes related to computational resource usage.

7.4 OpenEarn shall not be liable for any damage to hardware, software, data, or system performance resulting from participation in decentralized compute activities.

8.1 Users may utilize tokens to access artificial intelligence models provided by third parties through the OpenGPU Network.

8.2 OpenEarn does not control, verify, or guarantee the accuracy, reliability, or suitability of any AI-generated output.

8.3 Users acknowledge that AI-generated content may be incorrect, incomplete, or inappropriate, and use such content at their own risk.

9.1 Any transaction fees, including blockchain-related costs or network fees, shall be borne solely by the User.

9.2 OpenEarn is not responsible for fluctuations in transaction costs or network conditions.

10.1 Users shall not engage in any activity that interferes with or disrupts the Services.

10.2 Prohibited activities include, but are not limited to, fraudulent behavior, manipulation of advertisement interactions, use of automated systems or bots, abuse of computational resources, and engagement in unlawful activities.

10.3 OpenEarn reserves the right to take any action it deems appropriate in response to violations, including account termination and forfeiture of tokens.

11.1 All intellectual property rights in and to the Services, including software, content, and underlying technology, are owned by OpenEarn or its licensors.

11.2 Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services solely for their intended purpose.

11.3 Users shall not copy, modify, distribute, reverse engineer, or otherwise exploit any part of the Services.

12.1 OpenEarn may terminate or suspend access to the Services at any time, with or without cause.

12.2 Upon termination, Users may lose access to their accounts, tokens, and any associated data.

12.3 OpenEarn shall not be liable for any consequences arising from termination.

13.1 The Services are provided without warranties of any kind, whether express or implied.

13.2 OpenEarn expressly disclaims all warranties, including but not limited to fitness for a particular purpose, reliability, availability, accuracy, and non-infringement.

13.3 OpenEarn does not guarantee that the Services will be uninterrupted, error-free, or secure.

14.1 To the maximum extent permitted by applicable law, OpenEarn shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from or related to the use of the Services.

14.2 This includes, without limitation, loss of profits, loss of tokens, loss of data, hardware damage, system failure, or financial loss.

14.3 In any event, OpenEarn's total liability shall be limited to the extent permitted by law and shall not exceed zero monetary value where legally permissible.

15.1 Users agree to indemnify and hold harmless OpenEarn from any claims, damages, liabilities, and expenses arising out of or related to their use of the Services or violation of these Terms.

16.1 OpenEarn reserves the right to modify these Terms at any time.

16.2 Changes will be communicated via the platform.

16.3 Continued use of the Services constitutes acceptance of the modified Terms.

17.1 OpenEarn shall not be liable for any failure or delay in performance resulting from events beyond its reasonable control, including but not limited to technical failures, network disruptions, regulatory changes, or acts of third parties.

18.1 OpenEarn may assign or transfer its rights and obligations under these Terms without restriction.

18.2 Users may not assign their rights or obligations without prior written consent.

19.1 These Terms shall be governed by and construed in accordance with the laws of Switzerland.

19.2 Any disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts in Switzerland.

20.1 These Terms constitute the entire agreement between OpenEarn and the User with respect to the Services and supersede all prior agreements or understandings.