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Terms Of Service

Last updated: Jun 1, 2025

OmniHub (“OmniHub”, “we”, “us”, or “our”) provides these Terms of Service (“Terms”) to govern your use of our technology and services, including the OmniHub website(s), APIs, mobile applications, and all related tools, features, and functionalities (collectively, the “Platform”).

For purposes of these Terms:

“NFT” refers to a non-fungible token or similar digital item that is secured and authenticated on a public blockchain. NFTs are generally governed by smart contracts that define ownership and transferability.

“Use” includes accessing, viewing, interacting with, or otherwise engaging with the Platform, whether passively or actively. This encompasses actions such as visiting the Platform, browsing content, creating an Account, conducting transactions, or utilizing any services or features.

“You” refers to any user of the Platform. If you are using the Platform on behalf of an entity, “you” also includes the entity.

1. What OmniHub Is (and Isn't).

OmniHub operates as a peer-to-peer web3 platform that helps users discover and directly interact with blockchain-based items, including NFTs and fungible tokens, as well as engage with other participants across public blockchains. OmniHub is not a wallet provider, exchange, broker, dealer, financial institution, payments processor, money services business, or creditor.

We do not have custody or control over the digital tokens, blockchains, or third parties you engage with, nor do we execute or facilitate purchases, transfers, or sales of NFTs or other tokens.

2. Updates to the Terms.

OmniHub reserves the right to modify these Terms at any time, at our sole discretion. If material changes are made, we will provide reasonable notice, such as updating the “Last Updated” date at the top of these Terms or providing a notice through the Platform. By continuing to use the Platform after changes are made, you confirm your acceptance of the revised Terms.

It is your responsibility to periodically review the Terms to ensure you understand the latest terms and conditions that apply to your use of the Platform.

3. Using the Platform.

Your Blockchain Identity: Your blockchain address serves as your identity on OmniHub. Your OmniHub account (“Account”) is linked to your blockchain address and displays the NFTs associated with it.

Use on Behalf of Other Parties: If you are using the Platform on behalf of an entity, such as a company or other organization, then you represent and warrant that:

  • You are authorized to bind the entity to these Terms.
  • You agree to these Terms on behalf of the entity.

Third-Party Wallets: You must use a third-party wallet to engage in blockchain transactions. Please note:

  • OmniHub does not operate, maintain, or have any affiliation with these wallets.
  • OmniHub has no custody or control over your wallet or its contents, and we cannot retrieve or transfer its contents.
  • You are solely responsible for securing your wallet, including keeping your credentials and seed phrase confidential. If you encounter wallet issues, you must contact your wallet provider.

By using your wallet in connection with OmniHub, you agree to abide by the terms and conditions of the wallet provider.

Account Security and Responsibility: Your Account security is your responsibility. OmniHub is not liable for any actions or omissions by you or others that may compromise your Account. If you suspect any security issues related to your Account or the Platform, you agree to notify OmniHub immediately.

Electronic and Promotional Communications : By creating an Account, you consent to receive electronic communications from OmniHub, including emails, push notifications, text messages, and other forms of communication. These communications may include:

  • Transactional and account-related notices (e.g., updates about your Account or activity on the Platform).
  • Promotional communications that we believe may be of interest to you.

You understand that:

  • Consenting to receive promotional communications is not a condition of using the Platform.
  • You can opt out of promotional communications at any time through your Account settings, by following the unsubscribe instructions included in the communications, or through your mobile device's operating system settings.

Please note that opting out may not apply to important announcements or messages that are necessary for providing the Platform

Compliance with Laws and Government Sanctions: By using the Platform, you represent and warrant that you will comply with all applicable laws, including local, state, federal, and international regulations.

You agree not to use the Platform, or otherwise enable access to the Platform, if:

  • You are located in, ordinarily resident in, or organized under the laws of a U.S.-sanctioned country.
  • You are subject to sanctions imposed by the U.S. Government, any other government, or the United Nations.
  • You are owned or controlled, directly or indirectly, by any person or entity subject to sanctions or located in, ordinarily resident in, or organized under the laws of a U.S.-sanctioned country.
  • Any of your officers, managers, directors, shareholders, or authorized representatives are subject to sanctions or are located in, ordinarily resident in, or organized under the laws of a U.S.-sanctioned country, or are owned or controlled, directly or indirectly, by any person subject to such sanctions.
  • You transact with or on behalf of individuals or entities subject to sanctions or otherwise falling into any of the categories above.

These representations must remain true for the duration of your use of the Platform. You further agree not to enable access to or use of the Platform for any natural or legal person that falls into any of the categories above.

Requests for Additional Information: OmniHub may require you to provide additional information and documents in certain circumstances, such as upon request by the government or to comply with applicable laws or regulations. OmniHub may restrict or disable your Account until these requests are satisfied. Failure to provide complete and accurate information may result in permanent access restrictions.

Platform Disruptions and Modifications: Your access to the Platform may be interrupted for various reasons, including, but not limited to:

  • Equipment malfunctions, updates, maintenance, or repairs.
  • Geographic restrictions or potential violations of these Terms.
  • Actions taken by OmniHub, at its sole discretion, to protect users or the Platform.

OmniHub reserves the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Platform (or any features or parts thereof, including the API) at any time and without prior notice, without liability as a result. OmniHub also reserves the right to disable your Account and reassign your username and associated URLs at our discretion.

Age Restrictions: Users must be at least 18 years old to use the Platform. If you are between 13 and 18 years old, you may only use OmniHub with a parent or guardian's Account, provided they approve and oversee your use. OmniHub strictly prohibits access by users under 13 years old.

4. OmniHub's Ownership of the Platform.

OmniHub's Intellectual Property: All proprietary elements of the Platform are owned by OmniHub. This includes:

  • The Platform's “look and feel”, such as text, graphics, images, logos, page headers, button icons, URLs, scripts, and other design elements that make up the Platform.
  • Digital content, including the OmniHub logo, designs, text, graphics, pictures, data, software, sound files, and other files.
  • OmniHub's trademarks, service marks, and trade dress.
  • The selection, arrangement, and presentation of all such materials.

OmniHub and its licensors retain all rights to these materials, including the exclusive right to create derivative works. You may not:

  • Copy, imitate, or use OmniHub's name, logo, trademarks, or service marks.
  • Use metatags or other hidden text that reference “OmniHub” or its intellectual property.

License to Use the Platform: OmniHub grants you a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the Platform, subject to your compliance with these Terms. This includes:

  • Accessing and displaying any software, content, or materials made available by OmniHub solely for your personal, non-commercial use as permitted under these Terms.
  • Download a copy of the OmniHub mobile application to your device solely to enable your use of the Platform.

This license is strictly limited to your lawful use of the Platform. OmniHub does not grant any ownership rights through this license, and your use of content linked to or associated with NFTs, NFT collections, or other digital items is subject to any applicable rights set forth by the seller or creator of the NFT or such other digital item.

Third-Party Intellectual Property: All other trademarks and intellectual property mentioned on or integrated by the Platform are the property of their respective owners. This includes:

  • Trademarks, logos, and other intellectual property associated with third-party creators of NFTs or related content.
  • Smart contracts and other software code deployed by third parties.

OmniHub does not claim ownership over such third-party intellectual property and disclaims responsibility for their operation, functionality, or legality. Reference to third-party products, services, or content on the Platform does not imply endorsement, sponsorship, or recommendation by OmniHub.

5. Third-Party Content.

Third-Party Intellectual Property: OmniHub does not control, endorse, or review Third-Party Content and is not responsible for it. You are cautioned that third-party applications may be decentralized or “open” in nature, where no recourse is available.

By using or relying on Third-Party Content, you do so entirely at your own risk. OmniHub provides access to Third-Party Content as a convenience and makes no warranties or representations regarding its functionality, availability, or reliability. You bear sole responsibility for verifying the legitimacy, authenticity, and legality of NFTs or other digital items you purchase.

Additionally, we cannot guarantee that any NFT or digital item visible on OmniHub will remain visible or available for purchase, sale, or transfer. Creators, sellers, and buyers are solely responsible for the content and metadata associated with their NFTs or other digital items.

Public Blockchains: As a peer-to-peer web3 service, OmniHub helps you explore NFTs and other digital items created by third parties and interact with public blockchains and blockchain applications, which are not owned by OmniHub. Public blockchains facilitate the creation, transfer, and ownership of NFTs and other digital items, but OmniHub does not control or guarantee the availability, functionality, or permanence of these networks or the NFTs or other digital items existing on them.

Third-Party Transactions and Terms: These Terms govern only your use of OmniHub's Platform. NFTs and other digital items exist on public blockchains and are purchased, sold, and transferred outside of OmniHub.

Sellers are responsible for determining and establishing the price of NFTs and other digital items, including applicable taxes, mint counts, and minting mechanics. OmniHub does not control or set these terms.

For its services, OmniHub may receive certain fees. However, OmniHub does not set, collect, enforce, or determine other costs or fees associated with buying or selling NFTs or other digital items, including but not limited to:

  • Creator earnings or royalties.
  • Blockchain transaction fees (commonly referred to as “gas fees”).
  • Payment processor or other third-party fees.

These fees are paid directly to third parties, such as creators, sellers, or blockchain validators, and OmniHub cannot refund these amounts.

NFTs and other digital items may also be subject to specific terms and conditions set by their creators, sellers, or buyers (referred to as “NFT Terms”). These terms, which may include rights and obligations associated with NFT content, are not established or enforced by OmniHub. For example:

  • When you view NFT metadata or additional details on OmniHub, you may encounter third-party links to NFT Terms.
  • Buyers, sellers, and creators are solely responsible for communicating, agreeing to, and enforcing any such NFT Terms.
  • It is your responsibility to review and comply with any applicable NFT Terms.

6. Your Information, Content, and Grant of License to OmniHub.

Privacy Policy: Please refer to our Privacy Policy for information about how we collect, use, and share information from or about you (“Your Information”). By using the Platform, you acknowledge that you have read our Privacy Policy and you expressly consent to the collection, use, and disclosure of Your Information in accordance with the Privacy Policy. In providing the personal information of any individual (other than yourself) that may receive transactions from you as part of your use of the Platform, you agree that you have obtained consent from such individual to disclose their personal information to us, as well as their consent to our collection, use, storage, and disclosure of such personal information, in the manner and for the purposes set out in our Privacy Policy.

User-Provided Content: You are solely responsible for any content you create, submit, post, promote, or display on or through the Platform, as well as for compliance with applicable laws, regulations, and these Terms (including the User Conduct requirements). This includes ensuring the legality, authenticity, and accuracy of all metadata associated with your NFTs and digital items.

By posting or submitting content, you represent and warrant that:

  • You have all necessary rights, licenses, consents, permissions, power, and authority to grant OmniHub the license described above.
  • Your content does not violate any intellectual property rights, publicity rights, or other third-party rights, and does not contain material that violates any laws.
  • Terminating your ability to participate in any OmniHub promotional programs, including the Rewards Program, and the loss of any Points (as defined below).
  • You are responsible for the content and metadata associated with your NFTs and digital items, including ensuring that they do not contain infringing material unless you have obtained the required permissions or are otherwise legally entitled to post the material.

Grant of License to OmniHub: By using the Platform in conjunction with creating, submitting, posting, promoting, or displaying content (including compliance with OmniHub's metadata standards), you grant OmniHub a worldwide, non-exclusive, sublicensable, royalty-free license to:

  • Use, copy, modify, and display your content for current and future business purposes, including providing, promoting, and improving the Platform.
  • This license extends to any text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or other content you post, as well as any digital files, art, or materials linked to or associated with NFTs or other digital items displayed on the Platform.

Note: OmniHub does not claim ownership of your content, other than Feedback as defined below. The license you grant allows us to use and display your content to operate and improve our Platform, but ownership remains with you.

Your Feedback: OmniHub welcomes feedback, comments, and suggestions for improving the Platform (“Feedback”). By providing Feedback, you:

  • Acknowledge that it does not grant you any ownership or rights in the Platform or the Feedback itself.
  • Assign to OmniHub all rights, title, and interest in the Feedback, including intellectual property rights such as patents, copyrights, trademarks, and trade secrets.
  • Agree that OmniHub may use and disclose your Feedback for any purpose without compensation or further notice to you.

7. Intellectual Property Violations and Ownership Disputes.

OmniHub complies with applicable laws regarding illegal content, including intellectual property violations and stolen NFTs. To report illegal content or submit DMCA and DSA takedown notices, review and follow the instructions in our Illegal Content and Disputed Items Policy.

OmniHub facilitates the discovery of and interactions with blockchain-based items, including NFTs. However, OmniHub does not adjudicate disputes regarding the ownership, authenticity, or legality of any item listed or transacted on the platform. If a dispute arises concerning an item, such disputes will be handled in accordance with our Illegal Content and Disputed Items Policy, which may include restricting the visibility or transferability of the item on the platform.

Users acknowledge and agree that OmniHub's actions to address disputes are based solely on our internal policies and are not determinations of ownership or legal rights.

OmniHub reserves the right to restrict or remove visibility of NFT collections, individual NFTs, related metadata, or other digital assets or related content at its discretion, including for legal compliance, policy enforcement, or other reasons. You acknowledge that such restrictions may impact the accessibility and perceived value of an NFT or other digital item.

8. User Conduct.

OmniHub values openness and inclusivity, aiming to provide users from diverse backgrounds with a vibrant way to explore web3 and blockchain-based assets. However, to ensure a safe and lawful environment, we reserve the right to take action, with or without prior notice, if we determine at our sole discretion that you have violated these Terms or may be using the Platform for unlawful activities. Such actions may include:

Removing or restricting access to certain NFTs or other digital items. Limiting or disabling access to the Platform or specific features. Taking other measures as necessary to protect the Platform and its users.

Your Responsibilities: You are solely responsible for your conduct and the content you create, display, or distribute on or through the Platform. You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, in connection with using the Platform.

In addition to all responsibilities and obligations outlined elsewhere in these Terms, you also agree:

  • To do your own research (DYOR) before interacting or transacting with any NFT or other digital item displayed on the Platform.
  • Not to use or attempt to use another user's account without their authorization.
  • Not to impersonate another person or entity.
  • Not to claim an OmniHub username with the intention of reselling it, misleading others, or deriving another user's goodwill (“name squatting”).
  • Not to attempt to override or circumvent measures put in place by OmniHub to block certain blockchain addresses.
  • Not to distribute spam, including by sending unwanted NFTs to other users, or to use the Platform or its data for unsolicited advertising or direct marketing, including email, SMS, or telemarketing campaigns.
  • Not to use the Platform or any software, API, or functionality to damage, disrupt, or overburden the Platform's operations.
  • Not to circumvent access controls, rate limits, or traffic filters by using unauthorized tools, multiple IP addresses, or obfuscating traffic sources.
  • Not to use the OmniHub APIs in violation of our developer policies or any applicable agreements.
  • Not to exploit the Platform for unauthorized commercial purposes, inconsistent with these Terms or OmniHub's guidelines.
  • Not to employ automated tools (e.g., scrapers, bots, crawlers) to access, extract, or manipulate Platform data without authorization.
  • Not to reverse engineer, decompile, or disassemble the Platform, or bypass measures designed to prevent or limit access to specific areas, code, or functionality.
  • Not to circumvent OmniHub's fee structures or attempt to resell the Platform or its features.
  • Not to manipulate metrics (e.g., artificially inflating views, favorites, or rankings) to alter search results or the visibility of items or collections.
  • Not to manipulate prices, commit fraud, or engage in deceptive or misleading practices.
  • Not to buy, sell, or transfer stolen or fraudulently obtained items or NFTs.
  • Not to violate the intellectual property rights of others or create and display illegal content.
  • Not to create or display NFTs that promote hate, violence, self-harm, or illegal activities, including child sexual exploitation or doxing.
  • Not to disrupt the experience of other users by interfering with their ability to enjoy or access the Platform.

9. Promotional Programs.

Subject to your ongoing compliance with these Terms and any applicable Rewards Program Terms (defined below), OmniHub may, at its sole discretion, offer you the opportunity to participate in a limited points-based program (the “Rewards Program”).

Through the Rewards Program, OmniHub may allocate digital points to users for completing specific tasks or interactions within the Platform. Points are provided as an enhancement to Platform users to incentivize participation in our community.

Eligibility and Enrollment: To be eligible for the Rewards Program, you must:

  • Be a registered user of the Platform.
  • Connect a digital wallet to the Platform.
  • Accept and comply with these Terms and the Rewards Programs Terms.
  • Complete the applicable tasks as determined by OmniHub.

Eligibility to participate in the Rewards Program may be limited by jurisdiction and other factors at OmniHub's sole discretion. OmniHub reserves the right to determine eligibility, and disputes regarding eligibility or Points cannot be appealed.

The Rewards Program is intended for personal use only; commercial or automated participation is prohibited. Your participation in the Rewards Program constitutes your acceptance of these Terms, any additional terms applicable to the Rewards Program (“Rewards Program Terms”), as may be modified or updated by OmniHub in its sole discretion.

Modifications: OmniHub reserves the right to modify, suspend, or terminate the Rewards Program, in whole or in part, at any time, with or without notice. Such changes may affect the distribution or calculation of Points, changes to the tasks required to earn Points, the ways in which the Points can be redeemed (if at all), the ability to earn, use, or retain previously accumulated Points, and the leaderboard. OmniHub makes no representations or warranties regarding the continued availability of Points, the ability to use or redeem Points, or the existence of any associated benefits.

Leaderboard: A leaderboard will be available on the Platform, showcasing users who have accumulated the most Points. You can track your Points and progress by logging into your Account.

Special Offers and Promotions: From time to time, OmniHub may introduce special offers, bonuses, or challenges that allow you to earn additional Points. Each special offer may be subject to separate terms and conditions, which will be made available at the time of the offer. These terms may differ from the general Rewards Program Terms, so be sure to review them before participating. OmniHub reserves the right to modify, restrict, or terminate any special offers at any time.

Expiration: Points accumulated in the Rewards Program are subject to expiration, reset, or modification at OmniHub's discretion. OmniHub reserves the right to determine when and how Points expire, are adjusted, or are reset, including but not limited to expiration at the end of designated time periods.

Termination of Participation : OmniHub reserves the right to terminate your participation in the Rewards Program at its discretion, including for any breach of these Terms, misuse of or fraudulent activity within the Rewards Program, or for any other reason deemed appropriate by OmniHub. All Points are provided as is without any warranties, express or implied, and OmniHub disclaims any liability arising from your participation in the Rewards Program. Points do not carry any vested rights and are not guaranteed to be available in perpetuity.

10. API Terms.

This section governs your access to or use of any OmniHub programming interfaces, developer tools, and other related documentation and materials that we make available (collectively, the API). By using the API, you agree to comply with the Terms and any additional guidelines OmniHub may publish.

Reciprocal Access: You agree to join OmniHub in our mission of building a composable and decentralized web3 ecosystem by reciprocating and offering us equivalent levels of access to your data through, if any, your application programming interfaces, developer tools, or otherwise;

License and Attribution Requirements: You must provide appropriate attribution to OmniHub on your site or in your product or services, for example by linking to the OmniHub website when displaying NFTs or other digital assets, where appropriate, in each case subject to any instructions or guidelines we may provide.

Compliance & Security Obligations: If API Data is deleted, suspended, withheld, modified, disabled, delisted, or otherwise removed from OmniHub's service, you will make all reasonable efforts to delete or modify such API Data as soon as possible, and in any case within 24 hours, unless prohibited by applicable law or regulation or with the express written permission of OmniHub.

If you become aware of actual or potential security vulnerabilities in your integration of the API, you must immediately notify OmniHub and promptly work to resolve the issue.

You agree not to use or access the API or API Data for any unlawful or unauthorized purpose. In addition, you certify that you, your officers, directors, shareholders, and affiliates are and will remain in compliance with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations.

11. Mobile App Specific Terms.

You are responsible for providing the necessary device, internet connection, and other services to use the OmniHub mobile application (“App”). OmniHub does not guarantee compatibility with all devices or geographic availability. For users accessing OmniHub via iOS, Apple's Standard End User License Agreement (“EULA”) applies in addition to these Terms of Service. In the event of a conflict between these Terms and Apple's EULA, Apple's EULA will govern solely with respect to the use of OmniHub on iOS devices.

12. Liability, Indemnification, and Assumption of Risk.

Indemnification: By using the Platform, you agree, to the fullest extent permitted by law, to indemnify, defend, and hold harmless OmniHub and its affiliates, and its and their respective employees, directors, contractors, service providers, agents, and representatives (collectively, the “OmniHub Parties”) from and against all claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or relating to:

  • Your use or misuse of the Platform, including but not limited to feedback or content you provide through the Platform, your engagement with NFTs, other digital items and other content visible on the Platform, and your interactions with other users.
  • Your breach of these Terms or applicable laws.
  • Your violation of the rights of third parties, including intellectual property or contractual rights.
  • Your negligence or willful misconduct.
  • Disputes over ownership or validity of NFTs and other digital items visible on OmniHub.

You agree to notify OmniHub promptly of any claims and to cooperate with OmniHub in defending such claims. OmniHub reserves the right to assume exclusive control of the defense and settlement of any claims.

Disclaimers: Your use of the Platform is at your own risk. The Platform is provided on an AS IS and AS AVAILABLE basis, and OmniHub expressly disclaims all warranties, whether express or implied, including but not limited to:

  • The Platform's fitness for a particular purpose, merchantability, title, and non-infringement.
  • The accuracy, reliability, completeness, or availability of the Platform (including any of its features) or any associated NFTs or digital items.
  • The security of the Platform, including protection from viruses, hacking, or other harmful elements.

OmniHub does not guarantee:

  • The uninterrupted or error-free operation of the Platform.
  • The accuracy or legality of NFTs, other digital assets, or content displayed on the Platform.
  • That the Platform or associated content will meet your expectations.

OmniHub disclaims responsibility for any loss, including any losses resulting from:

  • User errors, such as mistyped blockchain addresses or incorrectly constructed transactions.
  • Server failures, unauthorized access, or third-party attacks, including phishing or malware.
  • Irreversible blockchain transactions or issues related to public blockchain functionality, including forks and technical node issues.
  • Vulnerabilities, failures, or abnormal behavior of other software (e.g., smart wallets).

Note: Some jurisdictions may not allow certain disclaimers, so these limitations may not apply to you.

Limitation of Liability: To the fullest extent permitted by law:

  • OmniHub, its affiliates, and its service providers shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits, revenue, data, or goodwill, arising out of or related to your use of the Platform.
  • OmniHub's and its affiliates total liability for any claims arising out of or related to these Terms or your use of the Platform shall not exceed the greater of $100 or
  • The amount OmniHub directly received from you in connection with the transaction that gave rise to the claim.

The limitations above apply even if the stated remedy fails of its essential purpose.

Exceptions: Some jurisdictions may not allow the exclusion or limitation of liability for certain damages, so these limitations may not apply to you.

13. Termination.

OmniHub reserves the right to suspend, restrict, disable, terminate, or delete your Account or your access to the Service (in whole or in part) at any time, with or without notice, and for any or no reason. If your Account is terminated, you will not be entitled to any refunds for amounts already paid to OmniHub.

All licenses granted to you under these Terms will terminate automatically if you breach these Terms. OmniHub shall not be liable for any damages or obligations arising from such termination.

All provisions of these Terms that by their nature should survive termination, including but not limited to ownership, indemnification, disclaimers, limitations of liability, dispute resolution, and export compliance, will remain in effect.

14. Miscellaneous Terms.

Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed, and the remaining provisions will remain in full force and effect.

Remedies for Breach of Terms: You agree that any breach of these Terms may result in irreparable harm to OmniHub, for which monetary damages would not be an adequate remedy. OmniHub is entitled to seek equitable relief, including injunctive relief, without the need to post a bond or provide additional security.

Entire Agreement: These Terms, along with any policies incorporated by reference, constitute the entire agreement between you and OmniHub regarding your use of the Service and supersede all prior agreements or understandings.

Assignment: You may not assign or transfer your rights under these Terms without OmniHub's prior written consent. OmniHub may freely assign its rights and obligations.

Waiver: The failure of either party to assert any right or enforce any provision shall not constitute a waiver of that right or provision.

Interpretation: Section headings are for reference only and do not affect the interpretation of these Terms. For purposes of this these Terms, (a) the words “include”, “includes”, and “including” will be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; (c) the words “herein”, “hereof”, “hereby”, “hereto”, and “hereunder” refer to these Terms as a whole; and (d) unless the context otherwise requires, defined terms in the singular shall include their plural forms, and defined terms in the plural shall include their singular forms. Unless the context otherwise requires, references in these Terms: (x) to “Sections” refer to the sections of these Terms; (y) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. These Terms will be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.

Third-Party Beneficiaries: Except as explicitly provided in these Terms or Apple's EULA (e.g., Apple as a third-party beneficiary for App Store-related terms), these Terms are intended solely for the benefit of the parties and do not create rights for third parties.