Quai Claims Terms and Conditions

Last Update: 01/16/2025

YOU MUST READ THE OFFICIAL TERMS AND CONDITIONS BELOW (THE “OFFICIAL TERMS”) PRIOR TO CLAIMING YOUR QUAI TOKENS (THE “CLAIMING EVENT”). BY PARTICIPATING IN THE CLAIMING EVENT, YOU HEREBY AGREE TO THESE OFFICIAL TERMS. DO NOT PARTICIPATE IN THE CLAIMING EVENT IF YOU DO NOT AGREE WITH THESE OFFICIAL TERMS. INTERNET ACCESS IS REQUIRED. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. 

BY PARTICIPATING IN THE CLAIMING EVENT, YOU AGREE THAT YOUR PARTICIPATION AND THE PERSONAL INFORMATION COLLECTED FROM YOU IN CONNECTION WITH THE CLAIMING EVENT WILL BE SHARED WITH QUAI. QUAI’S USE OF YOUR PERSONAL INFORMATION IS SUBJECT TO QUAI’S PRIVACY POLICIES AT THE LINKS PROVIDED BELOW. 

YOU UNDERSTAND THAT THE SECTIONS BELOW TITLED, “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY. 

THE CLAIMING EVENT IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC. INSTAGRAM, INC., YOUTUBE, INC., X CORP., LINKEDIN CORPORATION, TELEGRAM MESSENGER INC., DISCORD INC., OR ANY OTHER SIMILAR SOCIAL MEDIA OR MESSAGING PLATFORM, EVEN THOUGH QUAI MAY PROMOTE AND ADVERTISE THE CLAIMING EVENT USING SERVICES PROVIDED BY ANY OF THE FOREGOING PLATFORMS. 

These Official Terms constitute a legally binding agreement between you and Dominant Strategies Inc. d/b/a Quai (“Quai”) and govern your participation in the Claiming Event described herein. By participating in the Claiming Event, through the claims website available at https://claims.qu.ai (the “Website”) you represent and warrant that you: (i) satisfy all of the eligibility requirements set forth below; and (ii) agree to be bound by these Official Terms and by the interpretations of these Official Terms by Quai, in its sole and absolute discretion, which interpretations are final and binding in all matters relating to the Claiming Event. In addition, the terms and conditions of use for Quai’s Website (the “Website Terms”), available at https://qu.ai/terms-and-conditions/, are hereby incorporated into and made a part of these Official Terms by this reference. In the event any provision of the Official Terms conflicts with any provision of the Website Terms, the provisions of these Official Terms shall govern and control only with respect to this Claiming Event, and only to the extent of the conflict. 

1. Claiming Period. The Claiming Event shall begin on January 16^th, 2025 at 9:00 AM Eastern Time and ending the sooner of: (i) February 21^st, 2025  at 5:00 PM Eastern Time; and (i) until such time all Quai Tokens have been claimed (the “Claiming Period”). Eligible Participants (as defined below) may not participate in the Claiming Event after the expiration of the Claiming Period. 

2. Eligible Participants. The Claiming Event is open to natural persons who (i) are at least 18 years or older as of the beginning of the Claiming Period and reside in a jurisdiction other than the United States or its territories (a “Non-U.S. Person”), (ii) earned rewards (“Testnet Rewards”) based on participating in the Quai test network (the “Quai Testnet”) in full compliance with the Quai Testnet Terms of Use, as amended, available at https://qu.ai/terms-and-conditions/ (the “Testnet Terms”), and (iii) are legal residents of their home country (“Eligible Participants”), and (iv) are not listed on any government sanctions lists (“Sanctioned Jurisdiction”). You understand that you may not assign or otherwise transfer any Testnet Rewards to any person in order for such recipient to become an Eligible Participant. For the avoidance of doubt, you may not participate in the Claiming Event unless you are the direct recipient of any Testnet Rewards granted to you pursuant to the Testnet Terms. Persons residing in countries or jurisdictions where participation in the Claiming Event would be illegal are not eligible to participate. Quai, its affiliates, and their representatives, as well as their employees and members of each of their immediate families and those living in the same household of each are not eligible to participate. All applicable laws and regulations apply. Void where prohibited by law. 

3. How to Participate. Any Eligible Participant that earns Testnet Rewards through activities related to the Quai Testnet will be permitted to participate in the Claiming Event. To participate in the Claiming Event, Eligible Participants must access and navigate to the relevant section of the Website and follow the instructions provided on the Website. You will be asked to submit certain personal information requested by Quai. Once your information has been verified, you will be asked to connect a compatible, non-custodial Quai blockchain wallet address (“Wallet”) to the Website and will be asked to digitally execute a signature transaction in order to interact with the relevant smart contract. An Eligible Participant will be deemed to be eligible to participate the Claiming Event (thereby becoming a “Participant”) by connecting their Wallet and executing the signature transaction.  Quai reserves the right to request that you provide certain personal information for the purposes of verifying your identity. If we are unable to verify your identity or otherwise confirm that you are an Eligible Participant, you will not be permitted to participate in the Claiming Event. Upon request, you agree to provide us the information requested and expressly authorize us to maintain a record of such information. You further represent and agree that all such information is complete and accurate and that you will immediately notify Quai in the event any information provided to Quai during this process is no longer complete or accurate. 

Eligible Participants may only connect one (1) Wallet to the Website. You may not participate in the Claiming Event using methods designed to circumvent these Official Terms, including, but not limited to, using multiple Wallets, identities, devices, or a virtual private network. If you use fraudulent methods or otherwise attempt to circumvent these Official Terms, you may be deemed ineligible to participate in the Claiming Event.  Signature transaction submitted in error or in duplicate may be disqualified at Quai’s sole discretion.

4. Distribution of Quai Tokens. Upon verification of your eligibility to participate in the Claiming Event and your completion of the procedures described above, Quai, in its sole discretion, shall distribute to you in your Wallet, the number of Quai Tokens displayed to you via the Website that corresponds with the Testnet Rewards you have earned during the relevant Quai Testnet period. You understand that you may be required and shall be solely responsible to pay any associated blockchain transaction fees or gas associated with the distribution of Quai Tokens and/or participating in the Claiming Event.

5. Acknowledgement and Agreement. By participating in the Claiming Event, you acknowledge and agree that, whether express or implied: (i) Quai Tokens do not represent or constitute any right, stake, share, equity, investment contract, or other form of ownership in Quai and/or any right to receive any future revenue or profit from Quai or any of its assets, products, or services; (ii) Quai Tokens do not represent or constitute any right to participate in the governance in or relating to Quai; (iii) you have no expectation of obtaining any governance rights over Quai and/or any business, technology, software, or protocol in connection with Quai and/or the use of Quai Tokens, other than the limited participation rights relating to Quai Tokens, which will be determined by Quai in its sole discretion; (iv) any and all rights attached to Quai Tokens are derived, in part, directly from your participation in the Quai Testnet; and (v) there is no guarantee or assurance of the future performance of Quai or any of its assets, products, or services. 

6. Representations and Warranties. By participating in the Claiming Event, you hereby represent and warrant that you: (i) have read and understood these Official Terms and have the necessary authority, legal capacity, and consent to accept these Official Terms, to enter into a binding agreement with Quai, and are able to perform the obligations set forth herein; (ii) are an Eligible Participant; (iii) are a Non-U.S. Person and reside in a non-Sanctioned Jurisdiction; (iv) will at all times comply with all applicable laws, regulations, and rules and agree that your receipt of Quai Tokens does not constitute a violation of any laws in the jurisdiction where you reside or otherwise is not unlawful or prohibited under the laws of any other jurisdiction to which you may be subject; (v) have or had access to relevant information necessary to make an independent informed decision to participate in the Claiming Event, and you have or had the opportunity to consult with independent legal counsel, financial, or tax advisers prior to participating in the Claiming Event; (vi) have sufficient knowledge, understanding, and experience relating to the functionality, usage, storage, transmission, and other intricacies associated with the Quai Token, and blockchain technology, in order to determine the merits and risks involved in participating in the Claiming Event; (vii) understand that Quai is not responsible for any lost, stolen, or otherwise inaccessible Quai Tokens that have been transferred to you in connection with the Claiming Event, and that you are solely responsible for providing Quai with current and accurate information in connection with your participation in the Claiming Event; (viii) have elected to participate in the Claiming Event to potentially use at a future point in time, the limited functionality of the Quai Tokens and not for the sole purpose of redistributing, selling, assigning, or otherwise transferring Quai Tokens to any person; and (ix) acknowledge and agree that you are solely responsible for all taxes that may be due in connection with your participation in the Claiming Event and your receipt of the Quai Tokens, and that Quai does not have any liability in connection thereto, and that you have had the opportunity to consult with a tax advisor prior to your participation in the Claiming Event.

7. Risks and Acknowledgement. You acknowledge and agree that your participation in the Claiming Event is at your own risk. You further acknowledge that the Quai Tokens and the related protocol, software, and other services developed by Quai (the “Quai Network”) is experimental and novel technology and that the use of such technology involves a high degree of risk. There is no assurance that the Quai Tokens or the Quai Network will succeed and you acknowledge and understand that there are numerous reasons that the Quai Tokens and/or the Quai Network could fail in unforeseeable ways, which could result in a total loss of value in your Quai Tokens. You understand and accept the risk of the operational challenges related to Quai Tokens and the Quai Network and agree to accept the risk thereof resulting from unanticipated or heightened technical difficulties or vulnerabilities, including but not limited to, cyber-attacks. You further understand that the legal and regulatory framework may vary from jurisdiction to jurisdiction. You acknowledge and agree that you are solely responsible for evaluating the legality of receiving the Quai Tokens and for using the Quai Network in the jurisdictions where you are subject to. 

8. Notification; Verification. All Participants are subject to verification by Quai. Quai’s decisions are final and binding in all matters related to the administration, operation, processing of claims, and all other matters related to the Claiming Event. Participants will receive their allotted amount of Quai Tokens shortly after completing the participation requirements set forth above. 

9. Indemnification. Each Participant agrees to defend, indemnify, release and hold harmless Quai and its parent, subsidiary, and affiliated companies (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind arising out of or relating to a Participant’s claim, participation in the Claiming Event, acceptance, possession, delivery of, inability to use, or use or misuse of Quai Tokens.

10. Taxes and Expenses. Participants are responsible for any tax consequences as a result of the Participant’s participation in the Claiming Event and otherwise. All taxes on Quai Tokens or transactions using Quai Tokens are the sole responsibility of each Participant. Any expenses related to this Claiming Event not listed in these Official Terms, are the sole responsibility of each Participant.

11. General Conditions. Quai and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to send any Quai Tokens to Participants, with regard to: (a) Participants that provide inaccurate information or do not comply with or violate the Official Terms; (b) claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the Website, in whole or in part, due to computer, human or technical error of any kind; (c) Participants who have committed fraud or deception in participating in the Claiming Event or claiming Quai Tokens; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the Participant to accept the Quai Tokens for any reason; (f) if Quai Tokens cannot be transferred due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Quai’s reasonable control; or (g) any losses of any kind resulting from participating in this Claiming Event or any promotion or related activities. Quai reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the participation and/or the operation of the Claiming Event, or with any Website promoting the Claiming Event; (b) acting in violation of the Official Terms; or (c) attempting to participate in the Claiming Event multiple times through the use of multiple Wallets or the use of any robotic or automated devices to connect Wallets. If Quai determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Claiming Event, Quai reserves the right to void any claims at issue, and/or terminate the relevant portion of the Claiming Event, including the entire Claiming Event, and/or modify the Claiming Event, or these Official Rules. Further, Quai reserves the right to modify these Official Terms, in whole or in part, at any time without notice to you, and you waive any right you may have to receive specific notice of any such modifications. Quai reserves the right to suspend or terminate these Official Terms or a Claiming Event at any time in its sole discretion, without notice to you, and you waive any right you may have to receive specific notice of any such suspension or termination.

12. Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, QUAI EXPRESSLY DISCLAIMS ANY LIABILITY FOR INJURIES, DAMAGES, LOSSES, AND/OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE CLAIMING EVENT OR A PARTICIPANT’S USE OF QUAI TOKENS. QUAI MAKES NO WARRANTIES OR GUARANTEES REGARDING THE PRIZE. UNDER NO CIRCUMSTANCES SHALL QUAI OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, OR REPRESENTATIVES, BE RESPONSIBLE OR LIABLE FOR ANY PARTICIPANT’S EXPENSES, INCLUDING, WITHOUT LIMITATION, TAX OBLIGATIONS, OR ANY OTHER OBLIGATION OF THE WINNER. QUAI’S LIABILITY SHALL BE LIMITED SOLELY TO THE TRANSFER OF QUAI TOKENS IN ACCORDANCE WITH THESE OFFICIAL TERMS. QUAI DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE QUAI TOKENS, INCLUDING WITHOUT LIMITATION, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. QUAI ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, SIGNATURE TRANSACTIONS. QUAI IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR TELEPHONE LINES, COMMUNICATION TRANSMISSIONS, COMPUTER ON-LINE SYSTEMS, SERVERS, OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL, HUMAN ERROR OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ENTRANT’S OR ANY OTHER PERSON’S COMPUTER OR MOBILE DEVICE RELATING TO OR RESULTING FROM PARTICIPATION IN THIS CLAIMING EVENT OR DOWNLOADING ANY MATERIALS IN THIS CLAIMING EVENT. CELLPHONE CARRIERS MAY CHARGE FOR DATA USAGE FOR PARTICIPATING THE CLAIMING EVENT USING A MOBILE PHONE AND FOR USING THE WEBSITE.

13. Limitations of Liability. The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Participants, printing errors or by any of the equipment or programming associated with or utilized in the Claiming Event; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the Claiming Event; (d) technical or human error in the administration of the Claiming Event or the processing of Participants; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Claiming Event or receipt or use or misuse of any prize. 

14. Binding Arbitration. Notwithstanding anything to the contrary in your other agreement(s) with the Released Parties, in the event of a dispute arising under or relating to these Official Terms (each, a “Dispute”), either you or the Released Parties (each a “Party”) may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other Party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS (formerly known as Judicial Arbitration & Mediation Services) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each Party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the State of New York. The Parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The Parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. 

15. Class Action Waiver. You agree that any arbitration or proceeding shall be limited to the Dispute between the Released Parties and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE RELEASED PARTIES ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16. Privacy Policy. BY PARTICIPATING INTO THE CLAIMING EVENT, YOU AGREE TO THE USE OF YOUR PERSONAL INFORMATION AS DESCRIBED IN QUAI’S PRIVACY POLICY, AVAILABLE AT https://qu.ai/terms-and-conditions/.