Dapper Self Custody

1. Who may use the App. You must be at least 18 years old (or such other minimum age as is applicable in the jurisdiction you live in) to create an account, or use or access the App. You may not create or use an account, or use or access the App on behalf of a legal entity or for a commercial purpose. If you are using the App on behalf of a developer, company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts These Terms of Service.
2. Limited right to use the App. So long as you comply fully with These Terms of Service, we grant you a limited, non-exclusive, non-transferable right to download, install and use the App during the period from the earlier of your acceptance of These Terms of Service or your use of the App until the later of 6/30/23 or the date that you upgrade to the public release of the App “Beta Testing Period,” subject to you complying with These Terms of Service and any other directions or instructions from us.
3. The App is in beta testing phase. You will be using a beta version of the App, which is still undergoing testing before its public release. It is not a final or publicly available version of the App, and it may be substantially modified prior to its public release (if and when that happens). Your use of the App during the Beta Testing Period is part of our testing of the App before its public release.
4. No representations, warranties or liability for the App. As the App is still in a testing phase, it is likely to contain errors. Betas are not guaranteed to work properly, and may make other parts of your device or system not work properly as well. You agree that:

(a) we provide the App (including all content found within it) to you on an “as is” and “as available” basis;

(b) we may terminate or qualify your use of the App at any time;

(c) we may terminate or change the App at any time, meaning the version of the App may become unplayable or certain functions may cease to operate. When we terminate the beta test you must delete the local installation of the App and all documents and materials you received from us in connection with the App;

(d) we may automatically delete or modify the information stored on your device related to the Beta for any reason at any time during the Beta Testing Period;

(e) if and when we release a full (non-beta) version of the App, we may allow your use of the App to continue to the full version. If so allowed by us, your continued use of the App will no longer be subject to These Terms of Service but instead be subject to the terms and conditions, privacy policy, and any other policies, that apply to the use of the full version;

(f) we do not give any representations or warranties of any kind (whether express or implied) in relation to the App or any other subject matter, including as to, non-infringement, the suitability or usability of the App or whether the App will be free of errors; and

(g) we (and our affiliated companies) will not be liable for any losses (whether such losses are direct, indirect, special or consequential or of any other kind) suffered by you or any third party in relation to your use of the App, even if we have been advised of the possibility of such losses; and

(h) you will indemnify us (and our affiliated companies) on demand for any losses incurred by us in relation to your use of the App.

5. No transfer or licence of rights. We retain exclusive ownership of the App. Nothing in These Terms of Service will transfer or licence any rights from us to you, except as expressly specified.
6. User obligations.

You agree:

(a) to follow any of our directions and instructions in relation to your use of the App;

(b) to use the App in compliance with all applicable laws;

(c) not to share your experience using the App with others, using images, video, sound effects, music or other assets from our App (“Content”). Using our Content without our permission is illegal and a violation of our rights; and

(d) to use reasonable efforts to provide suggestions, comments or ideas and report issues or problems related to your use of the App (collectively, "feedback") to us in accordance with our instructions (including as to timing). You assign to us all rights in and to any feedback, without any compensation or obligation from us.

You agree that you will not:

(a) use, or provide, any unauthorized third party programs that intercept, emulate, or redirect any communication between the App and us or that collect information about the App;

(b) attempt to reverse engineer (except as otherwise permitted by applicable local law), derive source code from, modify, adapt, translate, decompile, or disassemble or make derivative works based upon the App or any Content;

(c) remove, disable, circumvent, or modify any technological measure we implement to protect them or any of their associated intellectual property;

(d) create, develop, distribute, or use any unauthorized software programs to gain advantage in any online or other game modes or otherwise Cheat (as defined below);

(e) engage in any behavior that: (i) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability;

(f) use the App in any way that would reasonably be expected to affect us adversely or reflect negatively on us or the App or discourage any person from using all or any portion of the features of the App;

(g) encourage, promote, take part in or enable anyone else to do any of the foregoing;

(h) or violate any applicable law or regulation.

7. Confidentiality. "Confidential Information" means any information disclosed by us to you, or accessed or provided by you, in relation to the App (including any feedback provided and the App itself). You agree that you will:

(a) not use any Confidential Information other than as necessary to use the App in accordance with These Terms of Service;

(b) maintain Confidential Information in strict confidence and use the same degree of care to protect it as you use to protect your own confidential information, but in no circumstances less than reasonable care;

(c) not disclose the Confidential Information to any person or entity other than as permitted by us; and

(d) not make any public announcements related to the App, including publishing or disclosing any information (e.g., screenshots and specifications) relating to the App, without our prior written approval, which we may grant or withhold in our sole discretion.

8. Tracking of your use of the App. As part of our testing of the App, you agree that we may collect and use any information related to your use of the App, in order for us to assess, develop and improve the App. You assign to us all rights in and to such information, without any compensation or obligation from us.
9. Personal information. We will process certain personal information from you as part of your use of the App (including to set up your account and allow the features of the App to function). We will treat any such personal information from you in accordance with the Privacy Policy. You may have certain rights in relation to your personal information, and we encourage you to get in touch with us at dapper-self-custody@dapperlabs.com if you have any questions about how we process your personal information.
10. General. We may amend These Terms of Service at any time – by continuing to use the App, you agree to those amendments. Clauses 4, 6 and 7 will survive any termination of These Terms of Service. These Terms of Service does not operate to limit any of your statutory rights that cannot be limited. These Terms of Service is governed by Vancouver law. Any law or regulation which provides that the language of a contract will be construed against the drafter will not apply to These Terms of Service.