Terms
Last Updated: February 04, 2025
RISK WARNING AND ACKNOWLEDGMENT
Before accessing or using the Hype3.cool platform ("Platform"), you must carefully read and understand this risk warning. The Platform involves sophisticated technology, artificial intelligence, and digital assets that carry significant risks. You acknowledge that you have read, understood, and accepted these risks before using the Platform. You should therefore consider whether using the Platform is suitable for you, taking into account your circumstances, both financial and otherwise. You expressly acknowledge that we are not your broker, intermediary, agent, or advisor and we have no fiduciary relationship or obligation to you regarding any activities you undertake when using the Platform. We do not provide any investment, technical, legal, or consulting advice, and no communication or information we provide should be construed as such advice.
1. IMPORTANT TERMS
1.1. This Platform Agreement (the "Agreement") constitutes a legally binding agreement between you ("User," "you," or "your") and Hype3.cool ("Platform," "we," "our," or "us"). If you are using the Service on behalf of another entity (such as your employer), you represent and warrant that you have full authority to bind such entity to these Terms.
1.2. By accessing or using the Platform, you unconditionally agree to be bound by: 1.2.1. This Agreement, which governs your general use of the Platform;
1.2.2. Our Platform Policies, which include:
Privacy Policy (available at https://hype3.cool/privacy)
1.3. Platform Updates and Modifications
1.3.1. We reserve the absolute right to modify, update, or replace any part of these Terms at our sole discretion. Changes become effective immediately upon posting on our website unless otherwise stated.
1.3.2. For material changes affecting user rights or obligations: a. We will attempt to provide notice at least 15 days in advance b. Such updates are not retroactive c. Your continued use of the Platform after any changes constitutes acceptance of such changes d. If you do not agree with the changes, you must immediately cease using the Platform
1.3.3. If we update the Terms in a manner that you reasonably consider negatively impacts you: a. You have 15 days after notification to bring such matter to our attention b. If we cannot resolve your issue within 15 days, you may terminate your account upon 3 business days' notice c. This termination right is your sole remedy regarding such changes
1.4. Nature of Service
1.4.1. The Platform provides AI agent creation and personalization services that draw inspiration from publicly available social media presence. You expressly acknowledge and agree that:
a. All Platform output is AI-generated and may contain errors, misstatements, or incompleteness b. The Platform creates original AI agents inspired by, but legally distinct from, any public personas c. No direct incorporation of personal data occurs in the AI agent creation process d. The Platform makes no guarantees about the accuracy, reliability, or appropriateness of AI agent outputs e. You are solely responsible for verifying and appropriately using any Platform outputs
1.4.2. Service Limitations: a. The Platform is not a substitute for human judgment b. Results may vary significantly between uses c. The Platform should be used only as a supplementary tool d. Human oversight and verification are required e. The Platform makes no guarantees about availability or performance
2. DEFINITIONS AND INTERPRETATION
2.1. In these Terms, unless the context requires otherwise:
"AI Agent" means an artificial intelligence-powered digital entity created through our Platform that can interact with users and perform specified functions based on algorithmic interpretation of public social media presence.
"Applicable Law" means all relevant or applicable statutes, laws, rules, regulations, guidelines, judgments, and orders of any nature whatsoever, whether in force now or in the future.
"Content" means any information, data, text, software, music, sound, photographs, graphics, video, messages, responses, or other materials.
"Digital Assets" means any digital representation of value or rights which may be transferred and stored electronically, using distributed ledger technology or similar technology.
"Force Majeure Event" means any event beyond our reasonable control, including but not limited to: a. Natural disasters or acts of God b. War, terrorism, or civil unrest c. Technological failures or cyber attacks d. Changes in law or regulatory requirements e. Market disruptions or volatility f. Network or blockchain-related issues g. Infrastructure or service provider failures "Intellectual Property Rights" means all intellectual property rights of any nature whatsoever, including: a. Patents, trademarks, service marks b. Designs, copyright, moral rights c. Trade secrets and know-how d. Database rights e. All other intellectual property rights and similar rights "Platform" means the software-as-a-service offering made available at https://hype3.cool, including all associated services, features, content, and technologies.
"Security Breach" means any actual or suspected unauthorized access, disclosure, theft, or compromise of user information, platform data, or platform systems.
"Social Media Data" refers to publicly available information from social media platforms that may serve as inspiration for AI agents, without direct incorporation or copying.
"User Data" means any data you provide to the Platform, including but not limited to account information, preferences, and interaction history.
2.2. Interpretation Rules:
2.2.1. References to: a. "Including" or "includes" means including without limitation b. Sections, clauses, and paragraphs are to those in these Terms c. Any gender includes all genders d. The singular includes the plural and vice versa
2.2.2. Headings are for convenience only and do not affect interpretation.
2.2.3. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and remaining provisions shall be enforced.
3. ELIGIBILITY AND ACCESS
3.1 Basic Eligibility Requirements
To access or use the Platform, you must be at least 18 years of age or the legal age of majority in your jurisdiction, whichever is higher. You must possess the legal capacity to enter into this Agreement and comply with its terms. By accessing the Platform, you represent and warrant that you have the full power and authority to enter into this Agreement and that doing so will not violate any other agreement to which you are a party. If you are accessing or using the Platform on behalf of a legal entity, you further represent and warrant that such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and you are duly authorized by such legal entity to act on its behalf.
3.2 Jurisdictional Restrictions
You may not access or use the Platform if you are located in, incorporated in, or a resident of any jurisdiction where such access would be illegal under Applicable Law or would cause us to be in violation of any applicable sanctions or restrictions. This includes, without limitation, any jurisdiction subject to comprehensive sanctions or specifically designated as prohibited in our List of Prohibited Jurisdictions, which includes Afghanistan, Belarus, Cuba, Iran, Iraq, North Korea, Russia, Syria, Venezuela, and any other jurisdiction that may be designated from time to time. The Platform reserves the right to restrict or prohibit access from any jurisdiction at its sole discretion and without prior notice. You are responsible for ensuring your access to and use of the Platform complies with all applicable laws in your jurisdiction.
3.3 Access Control and Security
Access to the Platform is granted at our sole and absolute discretion. We maintain the right to refuse, restrict, suspend, or terminate access to any person or entity at any time and for any reason without prior notice or liability. Access credentials are specific to individual users and may not be shared or transferred under any circumstances. You are solely responsible for maintaining the confidentiality and security of your access credentials. Any activities that occur through your account will be deemed to have been authorized by you. You must immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.
4. AI AGENT CREATION AND INTELLECTUAL PROPERTY
4.1 Nature of AI Agent Creation
The Platform provides sophisticated artificial intelligence technology for creating AI agents through algorithmic interpretation of public social media presence. The fundamental nature of this creation process is based on inspiration rather than incorporation of data. Users must understand and expressly acknowledge that our AI agents are created through a transformative process that draws creative inspiration from public personas while maintaining complete separation from the original source material.
The Platform's creation process specifically ensures that no direct incorporation or copying of any creator's social media data occurs within the AI agent models. Instead, the Platform employs advanced algorithms to develop original, independent digital entities that may reflect certain publicly observable characteristics while remaining distinctly separate from any inspiration source. This approach maintains the artistic and transformative nature of the creation process while protecting the rights and privacy of all parties involved.
The Platform's core architecture and technical infrastructure incorporate immutable technical constraints and safeguards that make it technologically and operationally impossible for individual social media data to be incorporated into AI agents. These architectural constraints are fundamental and non-discretionary elements of the Platform's operation.
The Platform's systems are specifically designed and constructed to work exclusively with abstract patterns and characteristics derived from general public observations, without any capability to store, process, or utilize individual social media data. This technical limitation is not merely a policy choice but represents a fundamental and immutable aspect of the Platform's architecture.
All AI agent creation processes operate through sophisticated algorithmic systems that transform general observations into entirely new and original content, maintaining complete separation from any source material. The Platform's technical infrastructure ensures that no direct incorporation or copying of any creator's social media data occurs within the AI agent models.
4.2 Definition and Scope of Inspiration
For purposes of these Terms, "inspiration" specifically refers to the creative process through which our Platform develops AI agents. This process involves the algorithmic observation of publicly available characteristics, themes, and patterns, which are then transformed into entirely new and original content. The Platform's interpretation of these public elements results in the generation of unique personality traits and behavioral patterns that, while they may echo certain public figures, remain independent creative works.
The inspiration process expressly excludes any direct data incorporation, copying, or reproduction of existing content. Instead, it relies on general knowledge and training to generate responses and characteristics that are wholly original to the AI agent. This distinction is fundamental to the Platform's operational methodology and intellectual property framework.
4.3 Relationship to Original Creators
The Platform maintains strict boundaries regarding the relationship between AI agents and their sources of inspiration. Users hereby acknowledge and agree that AI agents created through our Platform are not representations or reproductions of actual persons, and no direct relationship exists between any AI agent and its inspiration sources. The Platform expressly disclaims any official connection to, endorsement from, or association with any public figures or entities that may serve as creative inspiration for AI agents.
Furthermore, the Platform explicitly disclaims: (a) Any right to use private or non-public information of any kind; (b) Any claim of endorsement or approval from inspiration sources; (c) Any right to commercialize the likeness or identity of inspiration sources; and (d) Any implied or explicit association between AI agents and real individuals or entities.
4.4 User Responsibilities and Restrictions
Users bear significant responsibilities when engaging with the Platform's AI agent creation process. These responsibilities include maintaining appropriate respect for intellectual property rights, avoiding any claims of official association or endorsement, and ensuring that only publicly available information serves as creative inspiration for AI agents.
The Platform implements rigorous technical safeguards and architectural controls that make it technologically and operationally impossible for individual social media data to be incorporated into AI agents. The Platform's systems are specifically designed and constructed to work exclusively with abstract patterns and characteristics derived from general public observations, without any capability to store, process, or utilize individual social media data. This technical limitation is a fundamental and immutable aspect of the Platform's architecture, ensuring that the inspiration process remains entirely separate from any form of data incorporation or reproduction.
Users are expressly prohibited from: (a) Creating or attempting to create AI agents that impersonate real individuals; (b) Utilizing any private or restricted information in the agent creation process; (c) Making any claims of official endorsement or association with real persons or entities; (d) Attempting to monetize or commercialize any person's identity without explicit authorization; and (e) Engaging in any activity that could mislead others about the nature of the AI agent's creation or capabilities.
4.5 Data Usage and Privacy Protection
The Platform hereby explicitly represents and warrants that in the process of AI agent creation:
(a) No direct extraction, storage, processing, or incorporation of any individual's social media data occurs at any time;
(b) The Platform maintains strict technical and operational controls that prevent any actual social media data from being incorporated into its AI models or stored in its systems;
(c) This fundamental separation between inspiration and incorporation is built into the Platform's core architecture and operational processes as an immutable technical constraint;
(d) The Platform's approach to public information is governed by strict principles that protect privacy while enabling creative development. The Platform's systems are specifically designed to: (i) Reference only publicly available social media content for creative inspiration; (ii) Avoid storing or maintaining copies of source social media data; (iii) Create abstract interpretations rather than direct reproductions; (iv) Generate entirely new and original content through AI processing.
The Platform expressly prohibits and technically prevents: (a) The scraping or storage of private social media data; (b) The incorporation of personal or private information into AI agents; (c) The creation of direct copies of existing content; (d) The development of databases containing social media content.
4.6 Intellectual Property Rights and Attribution
The Platform maintains clear and unambiguous positions regarding intellectual property rights in AI agent creation. All AI agents created through the Platform are original works, and the intellectual property rights associated with each AI agent belong to the user (referred to as the "Owner"). The Platform makes no claim to ownership of any inspiration sources or the resulting AI agents. The Platform upholds the distinction between inspiration and creation, ensuring that the AI agents are developed through the transformative use of publicly available social media data and are legally distinct from any original source material. The Platform takes steps to ensure that inspiration sources are not directly copied or incorporated, and that appropriate attribution practices are followed where legally required.
Owner explicitly acknowledge that:
(a) All AI agents are independent creations owned by the user and are not owned by the Platform. The user retains full intellectual property rights over the AI agent, including the right to commercialize, modify, or distribute the agent and its outputs as they see fit.
(b) No rights are granted to any inspiration source material. The AI agent is developed from publicly available data but does not incorporate or reproduce any specific content from inspiration sources.
(c) The AI-generated nature of all content must be clearly disclosed. Users agree to ensure that any use of the AI agent in public or commercial contexts clearly states that the agent was created using AI technology and that the agent is not a direct copy or replica of any public figure or persona.
(d) Users bear responsibility for appropriate use of AI agents within these established boundaries, including ensuring compliance with intellectual property rights, legal restrictions, and ethical standards in the use of the agent.
The Platform does not retain any rights to the content generated by the AI agents created through its service beyond the operational use required to provide the service. Users are solely responsible for ensuring that their AI agents are used in a manner consistent with intellectual property laws and regulations.
4.7 Enforcement and Compliance
The Platform reserves the right to monitor and enforce compliance with these provisions regarding AI agent creation and inspiration. This includes the right to modify, suspend, or terminate any AI agent or user account that violates these terms or attempts to circumvent the established boundaries between inspiration and incorporation. The Platform may take immediate action without prior notice in cases where violations are detected or suspected.
5. PLATFORM FUNCTIONALITY AND OPERATIONS
5.1 Service Provision and Availability
The Platform and all its services are provided on an "as is" and "as available" basis. We make no guarantees regarding the continuous availability, reliability, or functionality of the Platform or any of its features. The Platform may experience interruptions, delays, or errors, and we reserve the right to modify, suspend, or discontinue any aspect of the service at any time without prior notice or liability.
Users acknowledge that the performance and functionality of the Platform may vary based on numerous factors, including but not limited to technical requirements, network conditions, and operational priorities. The Platform maintains sole discretion regarding the addition, modification, or removal of features, as well as the implementation of security measures and management of platform resources.
5.2 Technical Requirements and Security
Users are responsible for ensuring they maintain all necessary technical requirements for accessing and using the Platform safely and securely. This includes maintaining compatible hardware and software, secure internet connectivity, and appropriate security measures. The Platform may modify its technical requirements from time to time, and continued use of the Platform may be contingent upon compliance with these updated requirements. Security is a shared responsibility between the Platform and its users. Users must implement and maintain appropriate security measures to protect their access to the Platform, including securing their credentials, maintaining system security, and preventing unauthorized access. Any security breach or suspected unauthorized access must be reported to the Platform immediately.
5.3 Platform Modifications and Updates
The Platform maintains the right to implement changes affecting any aspect of its services, including technical specifications, operational parameters, user interfaces, and access requirements. While we strive to provide notice of significant changes when practical, we reserve the right to implement changes immediately when necessary for security, compliance, or operational reasons.
Users will be notified of significant changes through appropriate communication channels, which may include platform notifications, email communications, documentation updates, or user interface alerts. Continued use of the Platform following any such changes constitutes acceptance of the modifications.
6. PLATFORM DIGITAL FUNCTIONALITY AND ECONOMIC MODEL
6.1 Platform Digital Asset System
6.1.1 Digital Asset Structure and Creation
The Platform maintains a sophisticated digital asset system wherein each AI agent may be associated with specific digital assets that serve as utility instruments within the platform ecosystem. These digital assets are designed and implemented solely to enable specific feature access and facilitate community participation within the Platform's operational framework.
The creation of digital assets occurs through standardized platform processes that adhere strictly to all applicable regulations and compliance requirements. Each creation process follows transparent, predetermined technical parameters established by the Platform to ensure consistency and fairness across all implementations. These parameters govern critical aspects including, but not limited to, technical specifications, distribution mechanics, and operational constraints.
All digital asset transactions within the Platform ecosystem occur exclusively on specified blockchain networks. Such transactions must comply fully with all network protocols and security requirements as established by the respective blockchain networks and the Platform. Users acknowledge that transaction execution and confirmation times are subject to the underlying blockchain network's operational parameters and conditions.
6.1.2 Utility and Purpose
Digital assets within the Platform serve specific operational purposes, primarily enabling access to advanced AI agent features. Such features may include enhanced interaction capabilities, customization options, and premium functionalities as determined by the Platform. The specific features and capabilities enabled by digital assets may be modified or updated by the Platform from time to time in accordance with operational requirements and platform development.
The Platform implements governance participation mechanisms through digital assets, enabling community input on specific development decisions and feature priorities as determined by the Platform. The scope and extent of such governance participation shall be defined solely by the Platform and may be adjusted based on operational requirements and community needs.
Community engagement within the Platform is fostered through various digital asset-enabled mechanisms. These mechanisms are designed to promote active participation in the platform ecosystem while maintaining operational stability and security. The Platform maintains sole discretion in determining the specific implementation and modification of such engagement mechanisms.
Value distribution within the Platform operates through smart contracts that ensure transparent and automated execution of platform economics. These smart contracts are implemented and maintained by the Platform, with their parameters and execution mechanics subject to modification as required for platform operation and development.
6.1.3 Blockchain Data Permanence
Users explicitly acknowledge and agree that any transactions, interactions, or other information recorded on public blockchains in connection with Platform usage are permanent and immutable by their nature. The Platform cannot and will not modify, delete, alter, or obscure any information that has been recorded on blockchain networks, even in cases where such information might be considered personal data under applicable privacy laws or where users request such modifications. Users hereby represent that they understand and accept the permanent nature of blockchain records and agree to carefully consider this permanence before engaging in any blockchain transactions or interactions through the Platform.
The immutable nature of blockchain technology means that even in cases where a user's account is terminated, suspended, or deleted from the Platform, any blockchain transactions or records associated with that user's activities will remain permanently visible and accessible on the relevant blockchain networks. Users acknowledge that this technical limitation is inherent to blockchain technology and beyond the Platform's control or influence.
6.2 Digital Asset Distribution
6.2.1 Distribution Process
The Platform implements digital asset creation through carefully designed smart contracts that contain predefined parameters governing their operation. These smart contracts ensure automated and transparent execution of all creation and distribution processes in accordance with platform specifications. The technical implementation of such smart contracts remains under the sole control and discretion of the Platform.
Initial distribution of digital assets follows carefully structured processes designed to ensure fair access and prevent manipulation. These processes incorporate various technical and operational safeguards to maintain platform stability and protect user interests. The Platform reserves the right to modify distribution parameters as necessary to maintain platform integrity and comply with regulatory requirements.
Participation in any digital asset functionality requires users to complete comprehensive verification processes and demonstrate compliance with all applicable platform requirements. The Platform maintains sole discretion in determining the specific requirements and verification processes necessary for participation in any digital asset functionality.
The Platform maintains and makes available detailed documentation regarding economic parameters and distribution mechanisms. Such documentation may be updated from time to time to reflect changes in platform operations and requirements. Users are responsible for reviewing and understanding all available documentation prior to participating in any digital asset functionality.
6.2.2 Participation Requirements
Users seeking to participate in any digital asset functionality must first complete thorough verification processes, including, where applicable, Know Your Customer (KYC) and Anti- Money Laundering (AML) checks as determined necessary by the Platform. The Platform maintains sole discretion in establishing and modifying these verification requirements based on operational needs and regulatory obligations.
Certain platform features may require users to maintain minimum digital asset holdings as determined by the Platform. Such minimum holdings shall be clearly documented and may be adjusted by the Platform from time to time based on operational requirements and market conditions. Users are responsible for monitoring and maintaining their holdings in accordance with these requirements.
All users must demonstrate and maintain compliance with applicable regulations in their respective jurisdictions. The Platform reserves the right to restrict or prohibit access to digital asset functionality based on jurisdictional requirements or regulatory considerations. Users bear sole responsibility for ensuring their compliance with all applicable laws and regulations in their jurisdiction.
Prior to participating in any digital asset functionality, users must explicitly acknowledge and accept all associated risks. Such acknowledgment shall be recorded and maintained by the Platform. The Platform may require additional risk acknowledgments or acceptances as new features are introduced or existing features are modified.
6.3 Economic Framework
6.3.1 Value Distribution
The Platform implements a transparent system for the allocation of generated revenue, with all distributions governed by predetermined parameters established in smart contracts. These parameters define the precise mechanisms for value distribution among various platform participants and operations. The Platform maintains the right to adjust these parameters as necessary for operational sustainability and platform development.
Stakeholder participation mechanisms are implemented through transparent, automated systems that ensure consistent and fair execution. These mechanisms govern various aspects of platform operation, including but not limited to feature access, governance participation, and reward distribution. The specific implementation and parameters of these mechanisms remain under the Platform's sole discretion.
The Platform maintains clear and documented fee structures that apply to various platform operations and services. These fee structures are implemented consistently across the platform and may be modified by the Platform based on operational requirements, market conditions, or other relevant factors. Users will be notified of material changes to fee structures in accordance with the notice provisions contained herein.
Reward distribution processes operate through automated smart contracts that ensure transparent and equitable execution. These processes incorporate various safeguards and controls to maintain operational integrity and prevent manipulation. The Platform reserves the right to modify reward distribution parameters to maintain platform stability and promote sustainable operation.
6.3.2 Sustainability Mechanisms
The Platform maintains balanced economic mechanisms through carefully designed systems that promote long-term sustainability. These systems incorporate various controls and parameters that govern platform operations and value distribution. The Platform continuously monitors and adjusts these mechanisms to ensure operational stability and sustainable growth.
Treasury management operates under strategic guidelines established by the Platform to ensure long-term operational viability. These guidelines govern various aspects of platform economics, including reserve management, fee allocation, and development funding. The Platform maintains sole discretion in adjusting treasury management parameters based on operational requirements and market conditions.
Community incentive structures are designed to align participant interests with platform development goals and long-term sustainability. These structures incorporate various mechanisms to promote active participation and contribution to platform growth. The Platform may modify incentive structures as necessary to maintain alignment with platform objectives and operational requirements.
The Platform prioritizes long-term value creation through sustainable operational practices and development initiatives. All economic mechanisms and parameters are designed and implemented with consideration for long-term platform viability and community benefit. The Platform reserves the right to modify any economic parameters or mechanisms to maintain this long-term focus.
7. USER CONDUCT AND OBLIGATIONS
7.1 General Conduct Requirements
All users of the Platform must conduct themselves in accordance with the highest standards of professional and ethical behavior. Users shall interact with the Platform and other users in good faith, maintaining honesty and transparency in all platform-related activities. The Platform reserves the right to monitor and enforce these conduct requirements through various technical and operational measures.
Users must provide accurate and truthful information in all platform interactions and maintain the accuracy of such information throughout their use of the Platform. Any changes to user information must be promptly updated through appropriate platform channels. The Platform may verify user information at any time and take appropriate action in cases where inaccurate or misleading information is discovered.
The security of user accounts and access credentials remains the sole responsibility of users. Each user must implement and maintain appropriate security measures to prevent unauthorized access to their account and protect their access credentials from compromise. Users shall promptly report any suspected security breaches or unauthorized access attempts to the Platform through designated security channels.
Users bear full responsibility for ensuring their compliance with all applicable laws, regulations, and platform policies in their use of the Platform. This includes, but is not limited to, compliance with securities laws, data protection regulations, and anti-money laundering requirements. The Platform reserves the right to require users to demonstrate their compliance through appropriate documentation or verification processes.
7.2 Prohibited Activities
The Platform expressly prohibits any attempts to manipulate, exploit, or compromise platform systems or operations. Such prohibited activities include, but are not limited to, attempts to circumvent platform security measures, exploit technical vulnerabilities, or interfere with platform functionality. Any detected attempts at system manipulation shall result in immediate corrective action, including potential account termination and legal proceedings where appropriate.
Users are strictly prohibited from engaging in any fraudulent or deceptive practices in connection with their use of the Platform. Such practices include misrepresentation of information, manipulation of platform metrics, or any activities designed to deceive other users or the Platform. The Platform maintains sophisticated monitoring systems to detect fraudulent activities and will take immediate action upon discovery of such practices.
Any violation of intellectual property rights, including unauthorized use or reproduction of platform content, AI agent outputs, or third-party materials, is strictly prohibited. Users acknowledge that all platform-generated content, including AI agent interactions and outputs, remains the intellectual property of the Platform. Unauthorized exploitation of intellectual property will result in immediate enforcement action.
The Platform strictly prohibits any attempts to reverse engineer platform systems, AI agents, or technical infrastructure. Users shall not attempt to decompile, disassemble, or otherwise attempt to discover the source code or underlying mechanisms of the Platform. Any such attempts shall be considered a material breach of these Terms and may result in immediate termination of platform access.
7.3 Platform Interaction Guidelines
Users must conduct all AI agent interactions in strict accordance with established platform guidelines and limitations. Each interaction with AI agents must respect the prescribed operational boundaries and usage parameters established by the Platform. Users shall acknowledge and maintain awareness of the AI-generated nature of all content and interactions, ensuring appropriate attribution and disclosure where required.
The Platform requires users to maintain professional standards in all communications and interactions within the platform ecosystem. All user communications must remain free from harassment, hate speech, or discriminatory content. The Platform reserves the right to monitor communications and take appropriate action against users who violate these standards.
Users bear responsibility for maintaining the confidentiality of platform interactions and protecting the privacy rights of all participants. Any unauthorized disclosure of confidential information or private communications shall constitute a violation of these Terms. The Platform maintains strict protocols for privacy protection and expects all users to adhere to these standards in their platform interactions.
7.4 Security and Access Controls
Users shall implement and maintain appropriate security measures to protect their platform access and prevent unauthorized use of their accounts. Such measures include, but are not limited to, maintaining strong passwords, enabling two-factor authentication where available, and regularly reviewing account activity for suspicious behavior. Users must promptly report any suspected security breaches or unauthorized access attempts to the Platform's security team.
The Platform maintains sophisticated monitoring systems to detect and prevent security threats and policy violations. These systems continuously analyze usage patterns, transaction activities, and system interactions to identify potential security risks or policy violations. The Platform reserves the right to implement additional security measures or modify existing controls without prior notice when necessary to maintain platform security.
Access to platform features and functionalities may be restricted or modified based on security requirements, compliance obligations, or operational needs. The Platform maintains sole discretion in determining appropriate access parameters and may adjust these parameters as necessary to maintain platform stability and security. Users acknowledge that access privileges may be modified or revoked at any time based on platform requirements or policy violations.
7.5 Platform Operations and Modifications
The Platform provides all services on an "as-is" and "as-available" basis, making no guarantees regarding continuous availability or uninterrupted access. Regular maintenance, updates, and system modifications may impact service availability or functionality. Users acknowledge that temporary service interruptions may occur and that the Platform bears no liability for any impacts resulting from such interruptions.
The Platform reserves the right to modify, enhance, or restrict any features, functionalities, or operational parameters at its sole discretion. Such modifications may include adjustments to AI agent capabilities, platform economics, user interfaces, or any other aspects of platform operations. The Platform shall endeavor to provide notice of material changes where practical but maintains the right to implement immediate changes when necessary for security, compliance, or operational reasons.
Users will be notified of significant platform modifications through established communication channels, which may include platform announcements, email notifications, or updates to platform documentation. The method and timing of such notifications shall be determined by the Platform based on the nature and urgency of the modifications. Continued use of the Platform following any modifications constitutes acceptance of such changes.
The Platform maintains comprehensive systems for monitoring and optimizing operational performance. These systems may implement automatic adjustments to platform parameters, resource allocation, or system configurations to maintain optimal performance and stability. Users acknowledge that such optimizations may impact platform behavior or performance and agree to accept such changes as part of normal platform operations.
8. LIABILITY AND RISK MANAGEMENT
8.1 Assumption of Risk
Users acknowledge and accept that use of the Platform involves inherent risks, including but not limited to technological risks, security risks, and risks associated with AI-generated content. The Platform operates sophisticated technology that may be subject to technical failures, interruptions, or security breaches. Users assume all risks associated with their use of the Platform and any resulting consequences. The use of AI agents and AI-generated content carries specific risks regarding accuracy, appropriateness, and reliability. Users acknowledge that AI agents may produce varying or unexpected results and that all outputs should be carefully evaluated before use. The Platform makes no guarantees regarding the specific performance or output of any AI agent.
8.2 Limitation of Liability
To the maximum extent permitted by applicable law, the Platform shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from or relating to the use of the Platform. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if the Platform has been advised of the possibility of such damages. The Platform's aggregate liability for all claims relating to these Terms or the use of the Platform shall be limited to the amount paid by the user to the Platform in the twelve months preceding the incident giving rise to the claim. In no event shall the Platform be liable for any damages arising from user error, misuse of the Platform, or failure to comply with these Terms.
8.3 Indemnification
Users agree to indemnify, defend, and hold harmless the Platform, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising from or relating to their use of the Platform, violation of these Terms, or infringement of any third-party rights. The Platform shall have the right to assume the exclusive defense and control of any matter subject to indemnification.
9. PLATFORM OPERATIONS AND MODIFICATIONS
9.1 Service Availability and Platform Operations
The Platform provides all services and functionalities on an "as-is" and "as-available" basis. Users expressly acknowledge that the Platform makes no representations or warranties regarding continuous or uninterrupted availability of any services or features. The Platform may experience temporary outages, interruptions, or periods of degraded performance due to various factors, including but not limited to technical issues, maintenance requirements, or external dependencies.
Maintenance operations and system updates may be performed at any time as deemed necessary by the Platform. While the Platform shall endeavor to schedule routine maintenance during periods of typically low usage, users acknowledge that emergency maintenance or critical updates may be required at any time without prior notice. The Platform bears no liability for any impacts or losses resulting from such maintenance operations or system updates.
The Platform reserves the absolute and unilateral right to modify, enhance, restrict, or eliminate any features or functionalities at its sole discretion. Such modifications may be implemented for various purposes, including security improvements, performance optimization, regulatory compliance, or strategic operational changes. Users acknowledge that their continued use of the Platform following any such modifications constitutes acceptance of the changes.
9.2 Operational Changes and Platform Evolution
The Platform maintains the right to implement operational changes affecting any aspect of its services or functionalities. Such changes may include, but are not limited to, modifications to AI agent capabilities, adjustments to platform economics, implementation of new security measures, or optimization of system performance. The Platform shall determine the timing and manner of implementing such changes based on operational requirements and platform objectives.
Economic parameters within the Platform may be adjusted as necessary to maintain operational stability and sustainability. Such adjustments may affect various aspects of platform operations, including fee structures, reward mechanisms, or value distribution systems. The Platform shall implement such adjustments based on careful consideration of platform economics, market conditions, and operational requirements.
Security measures may be enhanced, modified, or supplemented at any time without prior notice when deemed necessary by the Platform. These security modifications may include changes to authentication requirements, implementation of additional verification processes, or enhancement of monitoring systems. Users acknowledge that such security measures are essential for platform integrity and agree to comply with all security requirements as they evolve.
9.3 Feature Modifications and Technical Updates
The Platform maintains full authority to modify AI agent capabilities and limitations based on technical developments, operational requirements, or strategic objectives. Such modifications may enhance or restrict certain functionalities, adjust interaction parameters, or introduce new capabilities. Users acknowledge that AI agent functionalities may evolve over time and agree to adapt their usage accordingly.
The user interface and experience may be modified, redesigned, or updated to improve usability, enhance performance, or incorporate new features. Such modifications may affect the way users interact with the Platform and its various functionalities. The Platform shall implement interface changes based on user experience considerations, technical requirements, and operational objectives.
Platform functionality and services may be expanded, consolidated, or revised to better serve user needs and operational goals. Such changes may introduce new services, modify existing functionalities, or retire outdated features. The Platform maintains sole discretion in determining the scope and implementation of such modifications based on its assessment of platform requirements and user needs.
9.4 Communication of Changes
The Platform shall communicate significant changes through appropriate channels based on the nature and impact of the modifications. Platform announcements regarding major changes will be disseminated through official communication channels, which may include the platform interface, official documentation, or designated communication systems.
Material changes that substantially affect platform usage or user rights will be communicated via email to the address associated with each user account. Users bear responsibility for maintaining accurate contact information and monitoring communications from the Platform regarding such changes.
Platform documentation will be updated to reflect significant modifications to features, functionalities, or operational parameters. Users are encouraged to regularly review platform documentation to maintain awareness of current features and requirements.
The Platform shall maintain archive versions of documentation where appropriate for reference purposes. The Platform may utilize various community channels to provide additional information about changes, updates, or modifications. Such channels may include official social media accounts, community forums, or other designated communication platforms. While these channels may provide supplementary information, official platform announcements and email communications remain the authoritative sources for change notifications.
The timing and method of change notifications shall be determined by the Platform based on the significance, urgency, and nature of the modifications. Critical security updates or emergency modifications may be implemented immediately with concurrent or subsequent notification. Users acknowledge that immediate implementation of certain changes may be necessary for platform security or operational integrity.
10. RISK WARNING AND DISCLAIMERS
10.1 General Risk Warning
Users specifically acknowledge and accept that AI agents, while inspired by public personas, are independent and original creations that may produce outputs, behaviors, or characteristics that differ significantly from their inspiration sources. The Platform makes no representations or warranties regarding the similarity, consistency, appropriateness, or reliability of AI agent behaviors in relation to any public figures or personas that may have served as creative inspiration. Users understand and accept that:
(a) AI agent outputs may vary significantly between interactions;
(b) AI agent behaviors may not align with user expectations or assumptions regarding inspiration sources;
(c) No guarantee is made regarding the consistency or predictability of AI agent responses;
(d) AI agents operate independently of any public figures or personas that may have served as creative inspiration;
(e) The Platform bears no responsibility for any disparity between AI agent behavior and user expectations regarding inspiration sources.
Users hereby acknowledge and accept that participation in the Platform involves substantial risks. The value of Digital Assets and platform functionalities may experience significant fluctuations, and users may incur substantial economic losses through their platform participation. Prior to engaging with any platform features or functionalities, users must carefully evaluate their personal circumstances, including their financial situation, risk tolerance, and technical capabilities, to determine whether platform participation is appropriate for their individual situation.
Users specifically acknowledge and accept that AI agents, while inspired by public personas, are independent and original creations that may produce outputs, behaviors, or characteristics that differ significantly from their inspiration sources. The Platform makes no representations or warranties regarding the similarity, consistency, appropriateness, or reliability of AI agent behaviors in relation to any public figures or personas that may have served as creative inspiration. Users accept all risks associated with AI agent interactions and agree that such interactions may be unpredictable, variable, or inconsistent with their expectations or assumptions regarding inspiration sources.
10.2 No Investment Advice
The Platform explicitly disclaims any role as a financial advisor, broker, intermediary, or agent. Users expressly acknowledge that no fiduciary relationship exists between the Platform and its users. The Platform does not provide investment advice, consulting services, or recommendations regarding any aspect of platform participation, Digital Asset transactions, or related activities.
Any information, content, or communications provided by the Platform, whether through documentation, interface elements, or direct communication, shall not be construed as financial, investment, legal, or other professional advice. Users bear sole responsibility for evaluating the appropriateness of any platform interaction based on their individual circumstances and objectives.
Users acknowledge their sole responsibility for conducting thorough due diligence regarding all aspects of platform participation. This includes, but is not limited to, investigating technical requirements, understanding operational parameters, and evaluating associated risks. Users must independently assess and accept all risks associated with their platform usage, including potential financial losses, technical complications, or operational challenges.
11. MATERIAL INTERESTS AND CONFLICTS
11.1 Platform Role
Users explicitly understand and agree that their relationship with the Platform does not create any fiduciary duties or similar obligations. The Platform may operate in multiple capacities within its ecosystem, including but not limited to service provider, technology operator, and fee recipient. In executing these various roles, the Platform may receive fees, commissions, or other compensation from multiple users or transactions.
The Platform maintains the right to provide services to any users or entities within its ecosystem, without restriction or obligation to disclose such relationships. Users acknowledge that the Platform may engage in activities that could be perceived as conflicts of interest and accept such activities as inherent to platform operations.
11.2 Information Handling
Neither the Platform nor any of its affiliates shall bear any obligation to consider information that may constitute a material interest in their operational decisions. The Platform maintains no duty to disclose such information to users or to utilize such information for user benefit. Users acknowledge that the Platform may possess information that could impact their platform participation decisions and accept that the Platform has no obligation to share or act upon such information.
12. SECURITY AND TECHNICAL REQUIREMENTS
12.1 Security Responsibilities
Users bear full responsibility for implementing and maintaining appropriate security measures to protect their participation in the Platform. This responsibility encompasses protecting hardware and software systems from malicious code, implementing comprehensive backup procedures for any stored or transferred information, and maintaining robust security protocols for access credentials and authentication mechanisms.
Users must implement appropriate technical safeguards to protect their platform interactions, including but not limited to utilizing secure network connections, maintaining updated security software, and following industry standard security practices. The Platform may establish minimum security requirements, which users must meet to maintain platform access.
12.1.2 Technical Compliance Monitoring
The Platform maintains sophisticated monitoring systems and technical controls to ensure compliance with its fundamental principle of inspiration-based AI agent creation without data incorporation. These systems continuously verify that no individual social media data is extracted, stored, or processed during AI agent creation or operation.
The Platform implements: (a) Continuous automated monitoring of all AI agent creation processes; (b) Regular technical audits of system architecture and data flows; (c) Sophisticated detection systems to prevent unauthorized data incorporation; (d) Comprehensive logging and verification of all AI agent operations.
The Platform reserves the right to implement additional technical measures, verification processes, or monitoring systems at any time to maintain and enforce this strict separation between inspiration and incorporation.
Users acknowledge and agree that the Platform may monitor their interactions with AI agents to ensure compliance with these technical limitations and may terminate or suspend access for any attempts to circumvent or violate these fundamental operational constraints. The Platform maintains sole discretion in determining appropriate monitoring measures and enforcement actions necessary to maintain the integrity of its inspiration-only approach.
12.2 Security Breach Protocol
In the event of any Security Breach or suspected unauthorized access, users must immediately notify the Platform through designated security channels. Such notification shall include comprehensive details regarding the nature and extent of the breach, any compromised information or credentials, and any observed or suspected unauthorized activities.
Users shall provide accurate and updated information throughout the duration of any security incident and must fully cooperate with the Platform's investigation and response efforts. This cooperation includes implementing any security measures or procedural changes required by the Platform to address the security incident and prevent future occurrences.
13. INTELLECTUAL PROPERTY AND CONTENT
13.1 Platform Intellectual Property
All intellectual property rights associated with the Platform, including but not limited to software implementations, algorithmic processes, interface designs, platform content, and AI agent frameworks, remain exclusively vested in the Platform and its affiliates. This intellectual property protection extends to all aspects of platform operation, including underlying technologies, operational methodologies, and generated content.
13.2 User Content and Submissions
With respect to content submitted by users to the Platform, users retain ownership of their original content while granting the Platform comprehensive licenses necessary for service provision. Users warrant that they possess all required rights and authorizations for any submitted content and agree to comply with Platform content usage policies. The Platform receives a perpetual, worldwide, non-exclusive, royalty-free license to use, modify, distribute, and display user-submitted content as necessary for platform operations. Users warrant that their content submissions do not infringe upon any third-party rights and accept full responsibility for any claims arising from their submitted content.
14. TERMINATION AND SUSPENSION
14.1 Termination Rights
The Platform maintains absolute discretion to terminate or suspend user access to any or all platform features and functionalities. Such termination or suspension may be implemented for various reasons, including but not limited to Terms violations, regulatory compliance requirements, platform integrity protection, or security concerns. The Platform may effect such termination or suspension immediately and without prior notice when deemed necessary.
14.2 Effect of Termination
Upon termination or suspension, all user access rights to the Platform cease immediately. Any outstanding obligations, including financial obligations or compliance requirements, survive termination and remain binding. The Platform may delete or retain platform data associated with terminated accounts in accordance with its operational requirements and regulatory obligations.
Certain provisions of these Terms, including but not limited to intellectual property rights, liability limitations, and dispute resolution requirements, survive termination and continue to bind both parties.
15. LIMITATION OF LIABILITY
15.1 Liability Limitations
The Platform explicitly disclaims liability for any losses or damages arising from platform participation, including but not limited to losses resulting from network events, blockchain technical issues, system interruptions, data loss, or actions of other platform participants. Users acknowledge and accept all risks associated with platform participation, including potential technical failures or operational disruptions.
15.2 Damage Limitations
The Platform shall not bear liability for any indirect, consequential, or incidental damages, including lost profits, missed opportunities, or business interruption losses. This limitation extends to technical failures, security incidents, and third-party actions affecting platform operations. Users explicitly waive any claims for such damages against the Platform and its affiliates.
16. GOVERNING LAW AND ARBITRATION
16.1 Dispute Resolution Process
All disputes arising from or relating to platform participation shall be resolved through a structured dispute resolution process. This process begins with good faith negotiations between parties, followed by mandatory arbitration if necessary. All dispute resolution procedures shall be conducted in accordance with specified jurisdictional requirements and procedural rules established by the Platform.
16.2 Arbitration Agreement
Any disputes not resolved through initial negotiations shall be submitted to binding arbitration, conducted on an individual basis through specified arbitration services. The arbitration shall proceed under defined procedural rules, and the arbitrator's decision shall be final and binding on all parties.
16.3 Class Action Waiver
Users expressly and irrevocably waive any right to participate in class actions, representative proceedings, or collective disputes related to their platform participation. All disputes must be resolved on an individual basis through the established dispute resolution procedures. This waiver constitutes an essential element of the agreement between users and the Platform.
16.4 Jurisdictional Considerations
In the event that a jurisdiction's laws conflict with the arbitration clause, and where the laws provide stronger consumer protections (such as the ability to opt out of arbitration), the user retains the right to pursue the dispute through the applicable court system. The Platform will work with users to ensure that their legal rights are respected in line with applicable consumer protection laws, including any statutory rights that may not be waived by agreement.
17. FORCE MAJEURE AND EXTERNAL EVENTS
17.1 Force Majeure Events
Neither party shall be liable for any delay or failure to perform any obligation under these Terms where such delay or failure results from any cause beyond such party's reasonable control. Force Majeure events shall include, without limitation:
(a) Natural disasters, acts of God, fire, flood, earthquake, storm, hurricane, or other extreme weather conditions; (b) War, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, civil unrest, or other social disruption; (c) Government restrictions, changes in law, or other regulatory requirements; (d) Pandemic, epidemic, or public health emergencies; (e) Systemic technological failures affecting blockchain networks, internet infrastructure, or telecommunications systems; (f) Severe market disruptions or extreme volatility in digital asset markets; (g) Cyberattacks, hacks, or severe security breaches affecting critical infrastructure; (h) Technical failures in artificial intelligence systems or machine learning models; (i) Changes in blockchain protocols or consensus mechanisms affecting platform operations; and (j) Other similar events beyond the reasonable control of the affected party.
17.2 Obligations During Force Majeure
The party affected by a Force Majeure event shall: (a) Provide prompt notice to the other party of the Force Majeure event and its expected duration; (b) Use reasonable efforts to mitigate the effects of the Force Majeure event; (c) Continue performance of unaffected obligations to the extent possible; and (d) Resume full performance as soon as reasonably practicable after the Force Majeure event has ended.
17.3 Extended Force Majeure
If a Force Majeure event continues for more than thirty (30) consecutive days, either party may terminate affected services upon written notice to the other party, provided that such termination shall not affect any obligations accrued prior to the Force Majeure event.
18. CONTENT AUTHENTICITY & LIABILITY
18.1 Content Responsibility
The Platform disclaims any responsibility for the behavior, actions, or outputs of AI agents created by users. Users expressly acknowledge that all AI-generated content, interactions, or behaviors of their AI agents are solely their responsibility.
18.2 Use of AI Agents for Commercial Purposes
When using AI agents created through the Platform for commercial purposes, users must ensure compliance with all applicable laws, including intellectual property rights, data privacy laws, and any relevant commercial regulations. The Platform will not be responsible for any legal issues or liabilities arising from the use of AI agents in such contexts.
18.3 No Guarantee of Output
While the Platform provides users with the tools to create AI agents, the accuracy, reliability, and appropriateness of any outputs are not guaranteed. The user is solely responsible for evaluating the AI agent's outputs before any use, and must take appropriate measures to ensure that the content generated is legally compliant and ethically sound.
18.4 Platform Liability Limitations
The Platform will not be liable for any damage, loss, or legal consequences arising from the misuse or unauthorized use of AI agent outputs, especially in commercial or public contexts. Users are advised to take necessary precautions and consult legal professionals if necessary before using AI agent outputs commercially.
19. VERIFICATION AND COMPLIANCE PROCEDURES
19.1 Verification Requirements
The Platform implements comprehensive verification procedures to ensure compliance with applicable laws, regulations, and platform security requirements. These procedures may include, but are not limited to:
(a) Identity Verification: Users may be required to provide government-issued identification documents, proof of address, and other personal information necessary for identity verification;
(b) Source of Funds Verification: Documentation or evidence regarding the origin and legitimacy of funds or digital assets used on the Platform;
(c) Technical Verification: Confirmation of user compliance with Platform technical requirements, security protocols, and operational parameters;
(d) Jurisdictional Verification: Evidence of user eligibility based on geographical location and applicable regulatory requirements;
(e) Ongoing Monitoring: Continuous verification of user compliance with Platform terms, policies, and operational requirements.
19.2 Verification Process
The Platform maintains sole discretion in determining appropriate verification requirements and procedures. Such procedures may include:
(a) Automated verification through technical systems and algorithms; (b) Manual review by Platform personnel or authorized third-party service providers; (c) Periodic re-verification requirements to maintain Platform access; (d) Additional verification requirements based on user activity levels or risk factors; (e) Enhanced due diligence for certain platform features or functionalities.
19.3 Verification Compliance
Users must: (a) Provide accurate, current, and complete information for all verification procedures; (b) Update verification information promptly when changes occur; (c) Cooperate fully with Platform verification requirements and requests; (d) Maintain compliance with ongoing verification obligations; (e) Accept that failure to meet verification requirements may result in immediate access restriction or termination.
20. EXPANDED RISK DISCLAIMERS
20.1 Technological Risks
Users explicitly acknowledge and accept the following technological risks:
(a) Artificial Intelligence Risks: AI agents may produce unexpected, inconsistent, or inappropriate outputs despite safety measures. The Platform cannot guarantee the reliability, accuracy, or appropriateness of AI-generated content;
(b) Blockchain Technology Risks: Blockchain networks may experience technical failures, hard forks, or consensus issues that could affect Platform operations or user assets;
(c) Smart Contract Risks: Smart contracts may contain bugs, vulnerabilities, or other technical issues that could result in loss of functionality or assets;
(d) Integration Risks: Technical integration between Platform components, blockchain networks, and external systems may fail or operate incorrectly;
(e) Security Risks: Despite security measures, the Platform may be vulnerable to sophisticated cyber attacks, unauthorized access, or other security breaches.
20.2 Operational Risks
Users acknowledge the following operational risks:
(a) Market Risks: Digital asset values may experience extreme volatility, leading to substantial losses;
(b) Regulatory Risks: Changes in laws or regulations may adversely affect Platform operations or user ability to access services;
(c) Business Risks: The Platform's business model, technology, or operations may change significantly over time;
(d) Third-Party Risks: Dependencies on external service providers, blockchain networks, or other third parties may affect Platform operations;
(e) Technical Obsolescence: Platform technology may become obsolete or incompatible with external systems or requirements.
20.3 User Responsibility
Users explicitly acknowledge that they: (a) Bear sole responsibility for evaluating and accepting all risks; (b) Must conduct independent due diligence before using Platform services; (c) Should not participate in Platform activities with assets they cannot afford to lose; (d) Accept that the Platform provides no guarantees regarding financial returns or operational results; (e) Understand that past performance does not indicate future results.
21. MONITORING AND ENFORCEMENT RIGHTS
21.1 Monitoring Authority
The Platform maintains comprehensive rights to monitor all aspects of Platform usage, including:
(a) User interactions with AI agents and Platform features; (b) Transaction patterns and user behavior analytics; (c) Technical compliance with Platform requirements; (d) Security-related activities and potential threats; (e) Compliance with Terms and applicable regulations.
21.2 Monitoring Systems
The Platform employs sophisticated monitoring systems that may include:
(a) Automated monitoring of user activities and transactions; (b) Artificial intelligence and machine learning-based detection systems; (c) Security monitoring for potential threats or vulnerabilities; (d) Compliance monitoring for regulatory requirements; (e) Performance monitoring of Platform systems and components.
21.3 Enforcement Actions
The Platform maintains absolute discretion to take enforcement actions, including: (a) Immediate suspension or termination of user access; (b) Restriction of Platform features or functionalities; (c) Implementation of additional security or verification requirements; (d) Investigation of suspected violations or suspicious activities; (e) Cooperation with law enforcement or regulatory authorities when required.
21.4 User Acceptance
Users explicitly acknowledge and agree that: (a) All Platform activities may be monitored for compliance and security purposes; (b) No expectation of privacy exists regarding Platform usage and interactions; (c) The Platform may retain monitoring data as required for operational or legal purposes; (d) Monitoring results may be used to take enforcement actions without prior notice; (e) Users must cooperate with Platform investigations or enforcement actions.
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