Updated as of 07.03.2023
Aurora+, an exciting new platform providing Aurora users with new opportunities for immersive activity within the Aurora ecosystem.
If you use our Membership Program, you are considered a "User".
1. Access and eligibility
- The Membership Program is available to Users who already have registered accounts at Aurora. You agree to take full liability for your choice and use of the Membership Program. These Terms are void where prohibited by law, and the right to access or use the Membership Program is revoked in such jurisdictions.
- Aurora may change, modify, suspend or discontinue the Membership Program, fees, charges, and terms at its discretion at any time, including the availability of any feature or content. Aurora may also set limitations on certain features or restrict your access to parts or all of the Membership Program without notice or liability.
- Aurora+ is NOT offered to persons or entities who reside in, are citizens of, are incorporated in, or have a registered office in the United States of America or any Prohibited Localities, namely Restricted Persons, as defined below. We do not make exceptions. If you are a Restricted Person, then do not attempt to access or use the Aurora+. Use of a virtual private network (e.g., a VPN) or other means by Restricted Persons to access or use Aurora+ is prohibited.
- Certain features of Aurora+ are NOT offered to the following US Persons: (i) any citizen of the United States who resides outside of United States of America; (ii) any partnership or corporation organized or incorporated under the laws of the United States.; (iii) any estate of which any executor or administrator is a United States person; (iv) any trust of which any trustee is a United States person; (v) any agency or branch of a foreign entity located in the United States; (vi) any nondiscretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary for the benefit or account of a U.S. person; (vii) any discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary organized, incorporated, or (if an individual) resident in the United States; and (viii) any partnership or corporation if (A) organized or incorporated under the laws of any foreign jurisdiction, and (B) formed by a United States. By signing the self-certification notice on our website you expressly and accurately state that you are not a US Person.
- If you use Aurora+, you expressly and accurately state that you: (a) are at least 18 years old; (b) don’t break any laws of your jurisdiction by using Aurora+; (c) are not located, established or registered in any of the jurisdictions enlisted below titled “Prohibited Localities”.
- You may not use Aurora+ if you are otherwise barred from using Aurora+ under the applicable law. You are solely responsible for adhering to all laws and regulations applicable to you and your use or access to Aurora+.
- By using or accessing Aurora+, you represent to us that you are not subject to the Sanction Lists and you are not a Restricted Person, as defined below. “Sanction Lists” means any sanctions designations listed on economic/trade embargo lists and/or specially designated persons/blocked persons lists published by the international organisations, as well as any state and governmental authorities of any jurisdiction, including, but not limited to the lists of United Nations, European Union and its Member States, United States and United Kingdom sanctions lists.
- We make no representations or warranties that the information, products, or services provided through Aurora+, are appropriate for access or use in other jurisdictions. You are not permitted to access or use Aurora+ in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability ofAurora+ to any person, geographic area, or jurisdiction, at any time and at our sole and absolute discretion.
- You may not use Aurora+ if you have a digital wallet located in, established in, or a resident of Myanmar (Burma), Cote D'Ivoire (Ivory Coast), Cuba, Crimea and Sevastopol, Democratic Republic of Congo, Iran, Iraq, Libya, Mali, Nicaragua, Democratic People’s Republic of Korea (North Korea), Somalia, Sudan, Syria, Yemen, Zimbabwe or any other state, country or region that is included in the Sanction Lists. You must not use any software or networking techniques, including use of a Virtual Private Network (VPN) to modify your internet protocol address or otherwise circumvent or attempt to circumvent this prohibition.
- You may not use Aurora+, or interact with it with digital wallets, which have been previously classified or otherwise identified by international organizations or any state and governmental authorities of any jurisdiction, as belonging or affiliated with the persons specially designated or otherwise included in the Sanction Lists (“Restricted Persons”). For the purposes of these Terms, Restricted Persons shall also include all persons or entities who reside in, are citizens of, are incorporated in, or have a registered office in the Prohibited Localities, or United States of America. You agree not to access Aurora+ using any technology for the purposes of circumventing these Terms.
- The Membership Program is considered as additional services and software Aurora provides to the Users in a subscription form. You can find the features, software and content included in the Membership Program on our website - https://aurora.plus.
- We reserve the right to modify, terminate or otherwise amend our offered features, software, subscription plans and promotional offerings at any time.
- The Membership Program does not require payment. Aurora can launch different Subscription Plans, with different functions which will be available to you in stages. This means that certain functionalities may not be available to you from the beginning, but rather at certain stages in time. Aurora can also terminate different Subscription Plans at its own discretion.
3. Using the Membership Program
- The Membership Program’s services and any feature, software or content made available through the Membership Program (the “Content”) are the property of Aurora, Aurora's licensors or third parties. We grant you limited, non-exclusive, non-transferable and revocable permission to make use of the Subscription Plan and limited, non-exclusive, revocable permission to make personal use of the features, software and Content (collectively “Access”). This Access shall remain in effect until and unless your subscription terms end and Access is terminated by you or Aurora.
- Currently, Aurora+ offers only a free subscription service that does not require any payments (the “Free Subscription”). The Free Subscription may be acquired or canceled by you at any time.
- Upon termination of these Terms, any copyrights vested in the Content shall remain with Aurora, Aurora's licensors or third parties. All licenses and permissions granted hereunder will automatically terminate when the Access has been terminated. You shall immediately cease your use of the Content, including but not limited to the use of the Content. Your responsibility is to ensure that such unauthorized use of the Content will not happen. Aurora also reserves the right at our sole discretion to (a) request you to remove any such misused Content immediately, (b) limit, suspend or terminate your account, and (c) take technical and legal steps to keep you off the Site; and (d) charge you for any damages and losses arising out of such unauthorized use.
- You are solely responsible for keeping your account password secure so that no third parties apart from you have access, use and utilize the Membership Program. You must notify Aurora immediately of any fracture of security or unauthorized use of your account.
- You also agree (a) not to violate any laws in connection with your use of the Aurora; (b) not to interfere with or try to disrupt the Aurora+, for example, by distributing a virus or other harmful computer code into our platforms, third-party services, or other programs or systems our clients may use to promote their products; and (c) copy, sell, lease or otherwise provide access to Aurora+ to any third party.
4. Free Subscription
- Your Access and Free Subscription start as soon as you click “Subscribe” on the Site. Free Subscription does not require any payments, and you may terminate it at any time. In case of breach of any present document provision, your Free Subscription may be ceased.
- The Free Subscription may include, but is not limited to: AURORA Airdrop, AURORA Staking, 50 free transactions per month.
- The terms of Free Subscription, availability of the Membership Program and other functions may be modified at Aurora’s sole discretion.
- You understand and agree that we do not have access to your private key and cannot initiate an interaction with your virtual currency or otherwise access your virtual currency. We are not responsible for any activities that you engage in when using your wallet, or Aurora+.
- Aurora cannot and does not represent or guarantee that any of the information available through Aurora+ is accurate, reliable, current, complete or appropriate for your needs. The information displayed through Aurora+ including “APRs” and information about prices, liquidity, staking or other is provided by third parties and/or calculated for informational purposes. Your use of any third party scripts, indicators, ideas and other content is at your sole risk.
- You expressly understand and agree that your use of Aurora+ is at your sole risk. We make and expressly disclaim all representations and warranties, express, implied or statutory, and with respect to Aurora+ and the code proprietary or open-source, we specifically do not represent and warrant and expressly disclaim any representation or warranty, express, implied or statutory, including without limitation, any representations or warranties of title, non-infringement, merchantability, usage, security, suitability or fitness for any particular purpose, or as to the workmanship or technical coding thereof, or the absence of any defects therein, whether latent or patent. We do not represent or warrant that Aurora+, code and any related information are accurate, complete, reliable, current or error-free.
6. Third Parties Content
- Access to and use of Third-Parties Content. You may use Aurora+ to view, stream, use ecosystem dApps, digital content or services content, Staking, Airdrops and so on ("Third-Parties Content"), which the third parties provide. To use the Third-Parties Content, you will need working Internet access and compatible software if the third parties specify it.
- The availability of the Third-Parties Content and features will vary between countries, and not all Third-Parties Content or features may be available in your country.
- AURORA Staking, AURORA Airdrops are provided by Aurora DAO Ltd (PO Box 4301, Trinity Chambers, Road Town, Tortola, VG1110, British Virgin Islands) .
- SWAP is provided by 1inch Foundation (Quality Corporate Services Ltd., Suite 102, Cannon Place, P.O. Box 712, North Sound Rd., Grand Cayman, KY1-9006) and other third parties providers.
- On ramp Payment Processing Services is provided by Light Technology Limited t/a Transak (52 Grosvenor Gardens, London, England, SW1W 0AU, and Company Number 11539646) and other third parties providers.
- The Governance mechanism is provided by AuroraDAO Ltd (PO Box 4301, Trinity Chambers, Road Town, Tortola, VG1110, British Virgin Islands) (also, “Aurora DAO”).
- Third-Party Fees. You are responsible for paying third parties fees concerning your use of Third-Parties Content.
- Updates. Third parties can update the Third-Parties Content, for example, for bug fixes, enhanced functions, missing plug-ins, and new versions.
- By using Third-Parties Content, you provide your personal information to third-party providers to process your transactions or provide content to you. Third parties Providers agree to use this information in accordance with their privacy policies.
- Aurora does not endorse or assume any responsibility for any Third-Party Content. If you access any such resources, you do so at your own risk, and you understand that the Terms do not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any Third-Party Content.
7. Referral Program
- “Referral Program” means a program for incentivizing existing Users (also, the “Referrer”) for recommendations of Aurora+ to new Users (also, the “Referee”).
- Under the Referral Program, both existing and new Users are incentivized if eligibility criteria are met,, i.e., if the Referee has staked via AURORA Staking 100 AURORA tokens continuously for at least 30 days during 14 days after registration.
- If, during the 30 days period, the Referee unstakes such that their staked balance drops below 100 AURORA, the eligibility is lost.
- If all eligibility criteria are met, then the Referee and the Referrer receive 10 AURORA tokens via AURORA Airdrop.
- Aurora Borealis Limited will administer the referral program, but third parties provide AURORA tokens and AURORA Airdrop under the "Third Parties Content" section of these Terms.
- A Referrer can receive a maximum of 100 referral rewards (i.e., 1000 AURORA tokens).
- It is strictly forbidden to abuse the Referral Program. You can't use referring accounts owned or controlled by the same entity/person.
- To protect against unforeseen methods of abuse, Aurora reserves the right to define behavior it considers abusive at any time and deny referral rewards to any account or accounts it considers abusive and considers to be abusing the program.
- Aurora reserves the right to pause or terminate the Referral Program at any time.
- Once the referral relationship has been established it cannot be changed.
8. Limitations of Liability
- You understand that our Membership Program, Third parties Content, Referral Program is provided “as is,” with all faults and without any warranty (express or implied). TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EXPRESSLY DISCLAIMING ANY AND ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OR CONDITIONS IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, CONCERNING OUR MEMBERSHIP PROGRAM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- You agree to use the Aurora+ solely at your own risk. We do not guarantee that the results of using the Aurora+ Membership Program meets your expectations or that it is secure or available at any particular time or location. You understand that blockchain technologies and associated assets, and other assets are highly volatile due to many factors including but not limited to popularity, adoption, speculation, regulation, technology and security risks. You understand that AURORA Staking involves a high degree of risk and there is always the possibility of loss, including the loss of all staked digital assets.
- Our liability is limited according to the provisions of these Terms. To the fullest extent permitted by law, you release us from any claims and demands, as well as any damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses incurred or suffered by Aurora of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by Aurora (or for which Aurora provides no guarantees) under these Terms, or (b) for which Aurora is otherwise indemnified or released by you under these Terms.
- Aurora+ and Aurora Borealis Limited may not be held liable for Content, dApps, Staking, Airdrop, referral, and other programs that other companies provide than Aurora Borealis Limited.
- You expressly agree that you assume all risks in connection with your access to and use of Aurora+. Additionally, you expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your access to and use of Aurora+.
- Aurora+ may not be available or appropriate for use in all jurisdictions. By accessing or using Aurora+, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. You further agree that we have no obligation to inform you of any potential liabilities or violations of law or regulation that may arise in connection with your access and use of Aurora+ and that we are not liable in any respect for any failure by you to comply with any applicable laws or regulations.
- To the fullest extent permitted by law, you will defend, indemnify, and hold Aurora harmless from any claim or demand made by any third party (including, but not limited to, your Customer), as well as any damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by Aurora, relating to or arising out of (a) your breach of these Terms, (b) your use (or misuse) of Membership Program, or (c) your violation of any law or the rights of a third party. We reserve the right to handle our legal defense. However, we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
10. Governing Law and Dispute Resolution
- These Terms, and all disputes and claims arising out of or in connection with these Terms or its subject matter or formation, including non-contractual disputes and claims, are governed by the laws of Seychelles without regard to its conflict of laws rules. These laws will apply no matter where you live or are located in the world. Notwithstanding the aforementioned, nothing in these Terms, including the aforementioned choice of law provision, affects your rights as a User to rely on any mandatory provisions of the country's law in which you are resident.
- You and Aurora: (a) waive the right to have any and all disputes or claims arising from these Terms, your use or access to Aurora+ or any other disputes with Aurora (collectively, “Disputes”) resolved in a court; and (b) waive any right to a jury trial. Instead, you and the Aurora agree to arbitrate Disputes that are not resolved informally (as described below) through binding arbitration (i.e. the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it) instead of having the Dispute decided by a judge or jury in court).
- You and Aurora agree that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. Neither party agrees to class arbitration or to an arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and Aurora agree that a dispute cannot be brought as a class, or other types of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
- You agree that will notify Aurora, in writing, of any Dispute within thirty (30) days of when it arises so that you and Aurora can attempt, in good faith, to resolve the Dispute informally. Notice to Aurora shall be provided by sending an email to email@example.com. Your notice must include (1) your name, postal address, and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific action that you are seeking. If you and Aurora cannot resolve the Dispute within thirty (30) days of Aurora receiving the notice, either you or Aurora may, as appropriate pursuant to this section, commence an arbitration proceeding. You and Aurora agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arose; otherwise, you and Aurora agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the Dispute).
- If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. We may assign these Terms upon notice to you at our sole discretion. Headings are for reference purposes only and do not limit the scope or extent of such a section. Our failure to act concerning a breach by you or others does not waive our right to bear concerning subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.
- Aurora reserves the right to transfer or assign these Terms or any right or obligation under these Terms at any time.
- We may amend any portion of these Terms at any time by posting the revised version of these Terms with an updated revision date. The changes will become effective and shall be deemed accepted by you, the first time you use or access Aurora+ after the initial posting of the revised Terms and shall apply on a going-forward basis with respect to your use of Aurora+ including any transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of Aurora+.
- If you have any questions about these Terms, please email us at firstname.lastname@example.org.