Terms of Service

V0.3 - Last Updated Dec 3rd 2024

1. Introduction

These Terms of Service ("Terms") govern the use of the MotherDAO Labs Inc. ("MotherDAO Labs," "we," "us," or "our") Web app, which provides services for Decentralized Autonomous Organizations ("DAOs") to allow Users to create polls, rank options and view the results of polls, over time there may be additional functionality or other products added that increase this scope which will also be included with this definition ("Web app" or "Services"). By accessing or using our website and/or Web app, located at https://motherdao.xyz and/or https://metapoll.xyz you ("User," "you," or "your") agree to be bound by these Terms, which form a legally binding agreement between you and MotherDAO Labs Inc. If you do not agree to these Terms, you may not access or use the Web app.

2. Eligibility

Our Web app is intended for users who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Web app, you represent and warrant that you meet these requirements. The Web app is available for use worldwide, except in countries or jurisdictions where it is prohibited by law, including those subject to international sanctions. Mother DAO Labs reserves the sole and exclusive right to determine jurisdictional eligibility.

3. Account Creation and Access

To access the Web app, users must sign in with a compatible Ethereum wallet, such as but not limited to MetaMask or Rainbow. No separate account creation is required. You are responsible for maintaining the security of your wallet and any associated credentials.

4. Rules of Conduct

You agree to use the Web app only for lawful purposes and in compliance with all applicable laws and regulations. You are prohibited from using the Web app for any illegal activities or in any manner that could damage, disable, overburden, or impair the Web app or its functionality.

5. Intellectual Property Rights

By submitting, posting, or displaying any content on or through the Web app, you grant MotherDAO Labs an irrevocable, unlimited, perpetual, worldwide, royalty-free, and sublicensable license to use, copy, reproduce, modify, adapt, publish, distribute, and display such content in any capacity needed to provide the Services to anyone who can access this content. Because our Services may store data on immutable perma-storage networks such as but not limited to Arweave, you acknowledge and agree that the Web app and associated Services may store your content permanently, and you also agree to waive any rights to request the deletion or modification of your content.

6. Account Termination

MotherDAO Labs reserves the exclusive right to suspend or terminate your access to the Web app at any time, without notice or explanation. You agree that MotherDAO Labs shall not be liable for any suspension, termination, or loss of access to the Web app.

7. Paid Services and Billing

We offer various subscription plans, including a free base level and paid tiers with additional features. To access paid tiers, users must deposit Ethereum (ETH) into a designated smart contract, which will serve as a credit balance. Subscription fees will be deducted from your credit balance over time. All charged fees are to be considered final sale and no refunds will be provided unless explicitly approved by MotherDAO Labs.

8. Privacy

MotherDAO Labs is committed to protecting your privacy. We will never sell your personal information and will only share it with third parties as necessary to maintain the operation of our Services. We will use industry-standard practices to protect the data we collect and will comply with GDPR data standards as is possible. For more information, please refer to our Privacy Policy.

9. Dispute Resolution

Any disputes between users or between users and MotherDAO Labs shall be resolved through binding arbitration, as selected by MotherDAO Labs. By agreeing to these Terms, you waive your right to bring any claims to court and to participate in any class action lawsuits. Binding Arbitration means that you are agreeing to resolve any disagreement or dispute through final and binding arbitration and will not have the ability to go to a state or federal court. MotherDAO Labs shall publish a comprehensive arbitration procedure that will be available to anyone who pursues a claim or dispute against Mother DAO Labs. An arbitrator is an independent and impartial lawyer or former judge who will hear the dispute in an evidentiary hearing and make a fair and final decision.

10. Limitation of Liability and Disclaimer

The Web app is provided "AS IS" without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. MotherDAO Labs does not warrant that the Web app will be error-free, secure, or uninterrupted.

In no event shall MotherDAO Labs, its affiliates, officers, directors, employees, agents, or licensors be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from your use of the Web app or any Services provided therein.

11. Changes to the Terms of Service

MotherDAO Labs reserves the right to modify or update these Terms at any time, in its sole discretion. Users are responsible for periodically reviewing the Terms for any changes. Your continued use of the Web app after any changes to the Terms constitutes your acceptance of such changes. If you do not agree to the updated Terms, you must cease using the Web app.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions. Except as required in Section 9 above, any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Wyoming, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

13. Severability

If any provision of these Terms is held to be unenforceable or invalid by arbitration or a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent and economic effect of the invalid provision.

14. Entire Agreement

These Terms, together with any documents incorporated by reference, constitute the entire agreement between you and MotherDAO Labs regarding your use of the Web app and supersede any prior agreements, whether oral or written, between the parties relating to the subject matter hereof.

15. Contact Information

If you have any questions or concerns regarding these Terms or the Web app, please contact MotherDAO Labs at [email protected].