TERMS & CONDITIONS

TERMS & CONDITIONS



1. Introduction

1.1 These Terms and Conditions (the “Agreement”) govern your access to and use of the services provided by Pinnacle Plc, a company duly incorporated and registered in accordance with the laws of Malta, with its office located at [Full Address], Malta. These services include, but are not limited to, the digital platform, mobile applications, travel-related services, and any other offerings made available through our website, mobile applications, and associated platforms (collectively referred to as the “Services”). By accessing, registering for, or using the Services, you acknowledge that you have read, understood, and agree to comply with and be bound by these Terms and Conditions. You also agree to adhere to any other policies, rules, and regulations that may be made available to you through the Services, including privacy policies, user guidelines, and other applicable documents, which are hereby incorporated by reference into this Agreement. If you are using the Services on behalf of an organization, you confirm that you are authorized to agree to these Terms on behalf of that organization and that the organization is bound by these Terms.
1.2 The terms “User” or “you” refer to any individual, entity, or organization that accesses, uses, or benefits from the Services, whether as a registered user or otherwise. These Terms apply to all Users, including those who browse, interact with, or simply use the Services in any way. If you do not agree with or accept any provision of these Terms and Conditions, you must immediately stop using the Services, and you are prohibited from accessing any part of the Services. In such a case, we recommend you discontinue your use of the Services and refrain from engaging with any content, features, or tools made available through the platform.
1.3 By agreeing to these Terms, you represent and warrant that you are legally capable of entering into a binding agreement. If you are a minor or otherwise legally incompetent, you must obtain consent from a parent or guardian before accessing or using the Services. In any event, if you are accessing or using the Services, you acknowledge that you have the legal capacity to agree to and abide by these Terms.
1.4 These Terms and Conditions, together with any additional agreements, policies, or documents referenced herein, constitute the entire agreement between you and the Company regarding your use of the Services. This Agreement supersedes any prior or contemporaneous agreements or understandings, whether written or oral, relating to the subject matter hereof. If any provision of these Terms is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
1.5 The Company may also, at its sole discretion, offer special promotions, trials, or offers that may have their own additional terms or conditions. If you engage in such offers or promotions, the additional terms will be presented to you and are incorporated into this Agreement. You agree to comply with the terms of any such offers, and in case of conflict between these Terms and any specific terms governing such promotions, the latter shall prevail.
1.6 The Company’s failure to enforce or exercise any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if it is in writing and signed by an authorized representative of the Company.
1.7 In addition to these Terms and Conditions, you agree to comply with all applicable laws, regulations, and guidelines, including those that govern your use of the internet, digital platforms, and any specific regional or national requirements governing the Services.
1.8 You may be required to register for an account to access certain features or services within the platform. When registering, you agree to provide accurate, complete, and current information. You further agree to maintain the confidentiality of your account credentials and are solely responsible for all activities conducted under your account. If you believe your account has been compromised or used without your authorization, you must notify the Company immediately.
1.9 By using the Services, you also consent to receive notifications and communications from the Company, including but not limited to updates, product announcements, and promotional content. You can manage your preferences or opt out of certain communications as described in the Company’s privacy policy.
1.10 The Company’s provision of Services is subject to the availability of resources, infrastructure, and other factors beyond its control. While the Company strives to provide uninterrupted access to its platform and services, it cannot guarantee that the Services will be available at all times without errors or interruptions. The Company reserves the right to modify, suspend, or discontinue all or part of the Services at its discretion, with or without notice.
1.11 If you are using the Services in connection with a business or commercial enterprise, you agree to comply with all applicable commercial laws, including those concerning taxes, privacy, consumer protection, and intellectual property rights. You acknowledge that certain aspects of the Services may be governed by industry-specific regulations, which you must also adhere to.
By continuing to use the Services after any changes or modifications to this Agreement, you reaffirm your acceptance of the updated Terms and your commitment to abide by them. If you have any questions or concerns regarding these Terms and Conditions, please contact the Company’s support team for clarification.


2. Definitions

For the purposes of this Agreement, the following definitions shall apply:
2.1 “User” refers to any individual, entity, or organization who accesses, interacts with, or uses the Services provided by the Company in any manner, whether registered or non-registered. A User may include customers, clients, partners, and others who engage with the Company’s platform or offerings.
2.2 “Company” refers to Pinnacle Plc, a company duly incorporated and registered in accordance with the laws of Malta, with its office located at [Full Address], Malta. The Company is responsible for providing the Services outlined in these Terms and Conditions and ensuring their continued availability and functionality to Users.
2.3 “Services” refers to the full range of products and services made available by the Company, which includes but is not limited to the digital platform, mobile applications, staking rewards, access to exclusive travel-related services, online transactions, community-driven growth mechanisms, and any other service or feature provided by the Company. The term encompasses all tools, functionalities, and offerings available through the Platform, including any updates, modifications, or additional services that may be introduced by the Company.
2.4 “Platform” refers to the digital interface provided by the Company through which Users interact with the Services. This includes the Company’s website, mobile applications, and any other communication channels, tools, or interfaces that the Company may provide for User access, including but not limited to digital dashboards, user portals, and transaction interfaces.
2.5 “Account” refers to the personal registration and profile created by a User to access and interact with the Platform. An Account is required for Users to fully engage with the Services, and it includes personal information, security credentials, and other necessary data required to use the Platform. This also encompasses any settings or preferences that a User may set within their profile to enhance their experience or optimize functionality on the Platform.
2.6 “Content” refers to all forms of information, materials, data, text, graphics, videos, images, software, or any other intellectual property posted, uploaded, shared, or otherwise made available to the Platform by either the Company or the User. Content includes, but is not limited to, text-based content, media files, advertisements, logos, trademarks, and any other data or material provided in connection with the Services, whether publicly or privately accessible.
2.7 “Token” refers to the XPN token, which is used for transactions within the Company’s ecosystem. The Token grants Users access to various services and functionalities within the Platform, such as discounted rates for travel, exclusive offers, participation in staking rewards, and other incentives. It functions as a digital asset within the Platform and facilitates payments and other forms of exchange.
2.8 “Staking Rewards” refers to the passive income rewards provided to Users who choose to participate in the Company’s proof-of-stake network by staking their Tokens on the Platform. Staking allows Users to earn rewards in the form of additional Tokens, which are distributed periodically based on the number of Tokens staked and the duration of the staking period.
2.9 “Third-Party Services” refers to any external services, providers, or platforms that are not directly operated by the Company but are integrated into the Platform or made available alongside the Company’s Services. Third-Party Services may include payment processors, external service providers (such as travel agencies or accommodation providers), software vendors, and other entities that contribute to the overall functionality or offerings of the Platform. These services are not controlled by the Company and may be subject to their own terms, conditions, and privacy policies.
2.10 “Regulatory Authorities” refers to all governmental, legal, and non-governmental organizations, both local and international, that regulate the provision of financial services, data privacy, consumer protection, and any other applicable legal and regulatory frameworks that pertain to the Services. This includes, but is not limited to, financial regulators, privacy commissioners, and industry oversight bodies that establish the rules and requirements governing the operations of the Company and the use of its Services.
2.11 “User Data” refers to all personal, financial, and transactional data collected from Users in the course of using the Services. This data may include account information, transaction histories, preferences, communications, and any other data related to a User’s interaction with the Platform. The Company commits to handling User Data in compliance with applicable data protection laws and privacy policies.
2.12 “Intellectual Property” refers to all copyrights, trademarks, patents, trade secrets, and other proprietary rights owned by the Company or its licensors. This includes any and all intellectual property associated with the Platform, Services, and Content provided by the Company, as well as any modifications, updates, or enhancements made to these over time.
2.13 “Force Majeure” refers to any event or circumstance that is beyond the reasonable control of the Company, which prevents or delays the provision of Services, including but not limited to acts of nature, natural disasters, war, strikes, governmental action, system failures, or any other events that render it impossible or impractical for the Company to fulfill its obligations under these Terms and Conditions.
2.14 “Subscription” refers to any type of paid service or membership plan offered by the Company to Users, which provides access to enhanced or premium features on the Platform. Subscription services may be offered on a recurring or one-time payment basis and are subject to their own specific terms and conditions.
2.15 “Termination” refers to the discontinuation of access to the Services by either the User or the Company. Termination may occur due to a breach of these Terms and Conditions, a User’s request to close their Account, or the Company’s decision to suspend or terminate services for other reasons, including compliance with legal or regulatory requirements.
2.16 “Privacy Policy” refers to the document outlining the Company’s practices regarding the collection, use, storage, and sharing of User Data. This document details the ways in which the Company protects User privacy and complies with applicable data protection laws and regulations.


3. Eligibility

3.1 By accessing and using the Services, you represent, warrant, and agree that:
(a) Age Requirement: You are at least 18 years of age, or the legal age of majority in your jurisdiction, whichever is greater, and you possess the necessary legal capacity to enter into and be bound by this Agreement. If you are accessing or using the Services on behalf of an entity or organization, you represent and warrant that you have the authority to bind such entity or organization to this Agreement.
(b)Legal Right to Access Services: You have the legal right to access and use the Services in your jurisdiction, and you confirm that no laws, regulations, or governmental orders in your jurisdiction prohibit or restrict your use of the Services. You are responsible for ensuring that your access to and use of the Services comply with all local laws and regulations applicable to your specific situation.
(c) No Prohibited Activities: You will not use the Services to engage in any unlawful activities, including but not limited to money laundering, fraud, or other illegal financial transactions. You agree not to use the Services to engage in any activities that could damage, disable, or impair the Company’s operations, harm other Users, or interfere with the Platform’s functionality.
3.2 You agree to indemnify and hold the Company harmless from any loss, damage, liability, or expense that arises due to your failure to comply with the eligibility requirements under this Agreement, including any legal actions brought against the Company as a result of your use of the Services in violation of any laws or regulations in your jurisdiction.
3.3 By using the Services, you also confirm that you have reviewed and agree to comply with any additional eligibility criteria that may be set forth in the specific Terms and Conditions applicable to individual Services, products, or offerings provided by the Company.


4. Account Registration and Security

4.1 Account Creation: To access and use certain features of the Services, you must create an Account on the Platform. During the registration process, you agree to provide accurate, current, and complete information about yourself, your organization (if applicable), and any other required details. You further agree to update this information promptly to ensure that it remains accurate, current, and complete at all times. Failure to provide accurate and up-to-date information may result in the suspension or termination of your Account and access to the Services.
4.2 Accuracy and Truthfulness of Information: You are responsible for ensuring that the information provided during the registration process is truthful, complete, and accurate. Any false, misleading, or incomplete information provided may result in the refusal or termination of your Account, as well as potential legal consequences. You agree to update your information as necessary to keep it accurate throughout your use of the Services.
4.3 Account Security: You are solely responsible for maintaining the confidentiality and security of your Account credentials, including your username, password, and any other information associated with your Account. You agree to take all necessary steps to protect the security of your Account, including but not limited to using strong passwords, enabling two-factor authentication (if available), and ensuring that no one else gains access to your Account.
4.4 Notification of Unauthorized Access: If you become aware of any unauthorized use of your Account, including but not limited to any suspicious activity, data breaches, or any other security concerns, you agree to notify the Company immediately. The Company will take reasonable steps to address the issue and may require you to take additional actions to secure your Account.
4.5 Responsibility for Loss or Damage: The Company shall not be responsible for any loss, damage, or consequences arising from your failure to comply with the security and registration obligations outlined in this section. This includes, but is not limited to, any unauthorized access to your Account, misuse of your credentials, or any loss of assets or data resulting from your failure to maintain the confidentiality and security of your Account.
4.6 Third-Party Access: If you authorize any third party to access or use your Account, you agree to be fully responsible for any actions taken by such third parties on your behalf. You understand that you are solely liable for any actions or transactions conducted by third parties with access to your Account, and the Company is not responsible for any loss or damage resulting from such access.
4.7 Multiple Accounts: You may not create multiple Accounts for the same individual or organization unless explicitly authorized by the Company. Any attempt to create duplicate Accounts may result in the suspension or termination of all associated Accounts.
4.8 Account Recovery: In the event that you forget your password or experience any difficulty accessing your Account, you must follow the account recovery process provided by the Company. The Company may require you to verify your identity before allowing you to reset your password or regain access to your Account. You agree to provide accurate information during the account recovery process.
4.9 Sharing of Accounts: You agree not to share your Account credentials with any third party. If you permit others to access your Account, you do so at your own risk and agree to be fully responsible for their actions on the Platform.
4.10 Account Ownership: You acknowledge that the Company retains all ownership rights and intellectual property related to the Platform and Services. Your Account is granted as a limited, non-transferable license to use the Services, and you agree not to attempt to transfer, sell, or otherwise assign your Account to any third party.


5. Use of the Services

5.1 Personal and Non-Commercial Use: The Services are made available to you exclusively for personal, non-commercial use unless otherwise explicitly authorized by the Company in writing. You agree to use the Services only for their intended purposes, and not for any illegal, unethical, or unauthorized activities. You understand that any misuse of the Services may result in termination of access, legal consequences, or other actions deemed appropriate by the Company.
5.2 Prohibited Conduct: By using the Services, you agree to refrain from engaging in any of the following activities: (a) Unauthorized Access: Attempting to access or use the Platform, Services, or any related systems through unauthorized means, including but not limited to using unauthorized software, bots, automated scripts, malware, or other hacking techniques, is strictly prohibited. You agree not to bypass or circumvent any security measures that the Company has implemented to safeguard the Platform and its users. (b) Interference with Platform Functionality: Using the Platform in any way that could damage, disable, overburden, or impair its functioning, or interfere with any other User’s ability to access or use the Services, is prohibited. This includes, but is not limited to, attempting to overload servers, initiating denial-of-service attacks, or otherwise disrupting normal Platform operations. (c) Uploading Inappropriate Content: You agree not to upload, post, transmit, or share any Content that is unlawful, harmful, defamatory, harassing, obscene, offensive, abusive, threatening, or discriminatory, or any Content that infringes on the intellectual property, privacy, or other rights of any third party. This includes but is not limited to Content that promotes hate speech, violence, discrimination, or illegal activities. (d) Violation of Legal Requirements: Engaging in activities that violate any applicable laws or regulations, including but not limited to anti-money laundering (AML) laws, anti-terrorist financing laws, data protection laws, or any other legal obligations, is strictly prohibited. You are responsible for ensuring that your use of the Services complies with all relevant local, national, and international laws and regulations.
5.3 Monitoring and Moderation of Content: The Company reserves the right to monitor, review, and moderate any Content posted, uploaded, or shared by Users on the Platform. The Company is not obligated to review all Content, but it may, at its sole discretion, remove or block any Content that it deems inappropriate, harmful, offensive, or in violation of these Terms. This includes, but is not limited to, Content that violates intellectual property rights, promotes illegal activities, or otherwise interferes with the proper functioning of the Platform or the enjoyment of other Users.
5.4 Intellectual Property and User-Generated Content: You retain ownership of any Content you submit to the Platform, but by posting or uploading Content, you grant the Company a non-exclusive, worldwide, royalty-free license to use, display, distribute, and modify the Content for the purpose of operating and improving the Services. You further agree that the Company may use your Content for marketing, promotional, and other commercial purposes related to the Services, subject to the terms of this Agreement and applicable laws.
5.5 Compliance with Terms: You agree to comply with all applicable provisions of this Agreement while using the Services. The Company may, at its sole discretion, suspend, terminate, or restrict your access to the Platform or any Services if it believes, in good faith, that you have violated these Terms or engaged in any behavior that harms the reputation, security, or integrity of the Services or its Users.
5.6 Third-Party Links and Services: The Services may contain links to third-party websites or services that are not owned or controlled by the Company. The Company does not endorse or assume responsibility for any third-party websites, services, or Content, and you access such sites at your own risk. Any interactions you have with third-party service providers are solely between you and those third parties, and the Company shall not be responsible for any loss, damage, or dispute arising from such interactions.
5.7 Use of Personal Data: You agree to the use of your personal data in accordance with the Company’s Privacy Policy. By using the Services, you consent to the collection, processing, and storage of your data as outlined in the Privacy Policy, and you acknowledge that you are responsible for providing accurate and complete information in your Account profile.
5.8 Prohibition on Commercial Use: Unless explicitly authorized by the Company, you are prohibited from using the Platform or any Services for commercial purposes. This includes, but is not limited to, reselling or distributing any Content, providing services to third parties based on your use of the Platform, or using the Services for any form of commercial exploitation without prior written consent from the Company.
5.9 Suspension of Services: The Company reserves the right to suspend, limit, or discontinue any or all parts of the Services at any time, for any reason, including, but not limited to, security concerns, maintenance, updates, or violations of these Terms. The Company will make reasonable efforts to provide notice of such changes, but it is not obligated to notify Users in advance.


6. Booking Process

6.1 Provision of Travel Services: The Company provides a platform that enables Users to access and book various travel-related services, including but not limited to flights, accommodation, vacation packages, car rentals, cruises, airport transfers, restaurant services, global internet packages, and other travel-related services (collectively, “Travel Services”). While the Company offers the platform for booking these services, it is important to note that the Company itself does not directly provide these Travel Services but instead works with Third-Party Providers to make them available.
6.2 Availability and Terms of Third-Party Providers: All bookings made through the Platform are subject to availability, which is determined by the Third-Party Providers. Additionally, each Third-Party Provider has its own specific terms and conditions, including policies related to booking, payment, cancellation, and refunds. These terms must be reviewed and agreed to by you before completing your booking. The Company is not responsible for ensuring the availability of these services or for the specific terms outlined by Third-Party Providers, but will assist in facilitating the booking process.
6.3 Direct Agreement with Third-Party Providers: When you place a booking through the Platform, you are entering into a direct contractual agreement with the Third-Party Provider offering the Travel Services. By confirming your booking, you agree to the terms and conditions of that Third-Party Provider, which may include provisions such as cancellation policies, change fees, and other terms governing your use of the services. It is your responsibility to carefully review and accept these terms before finalizing the booking.
6.4 Role of the Company: The Company’s role is limited to providing a digital platform that allows you to access and book the Travel Services. The Company is not a party to the agreement between you and the Third-Party Provider and does not assume responsibility for the performance, quality, or delivery of the Travel Services. The Company also does not act as a travel agent or provider of the listed services. In the event of any issues with the Travel Services, the Third-Party Provider is solely responsible for resolving the matter.
6.5 Booking Confirmation and Details: Once a booking is successfully processed, you will receive a confirmation email containing all relevant booking details. This typically includes the booking reference number, dates of service, the names of any booked services, and specific instructions on how to manage or modify your booking if necessary. You are advised to retain this information for future reference in case any modifications or issues arise with your booking.
6.6 No Guarantee of Availability or Accuracy: The Company cannot guarantee the availability of any Travel Services listed on the Platform. Availability is subject to the specific terms and conditions of the Third-Party Providers, who may update or change the availability of services at any time. Additionally, while the Company makes efforts to ensure the accuracy of the information provided, it does not guarantee that all information about the Travel Services is current, accurate, or complete. Any discrepancies related to availability or details of the Travel Services should be resolved directly with the Third-Party Providers.
6.7 Dispute Resolution: In the case of a dispute regarding a booking, the Company will provide reasonable assistance in facilitating communication between you and the Third-Party Provider. However, the Company will not be held liable for any damages, losses, or inconvenience arising from issues with the services provided by the Third-Party Providers. Any disputes regarding the quality, performance, or delivery of Travel Services must be directed to the Third-Party Providers, as they are responsible for these aspects. The Company will not be responsible for resolving disputes, nor will it be liable for any consequences resulting from these disputes.


7. Token Usage, Staking, and Rewards

7.1 Overview of Token Usage: The Company’s token plays a pivotal role in the functioning of the Services, enabling Users to access exclusive travel-related services and benefits. Users can utilize the token for various transactions within the Platform, including booking discounted travel, accommodations, flights, cruises, vacation packages, car rentals, airport transfers, restaurant services, and global internet packages.
7.2 Staking System and Rewards: The Company provides an opportunity for Users to participate in a proof-of-stake (PoS) system, where Tokens can be staked to earn passive rewards. Staking allows Users to lock a certain amount of Tokens within the Platform, contributing to the security and functionality of the ecosystem. In return, Users will receive staking rewards, which are calculated based on the quantity of Tokens staked and the duration of the staking period. The staking reward is determined by an interest rate of 0.8% of the Token’s current market value for each staking period. The minimum amount of Tokens required for staking is 1,000,000 Tokens.
7.3 Eligibility for Fixed Monthly Reward: Users who participate in staking are also eligible to receive a fixed monthly reward of 2,000 USD, which is intended solely for use on the Platform to access services and cannot be redeemed for cash or withdrawn.
7.4 Staking Periods: Staking occurs in 30-day periods. Validators are required to lock their tokens for a minimum of 30 days to participate in the staking program. Alternatively, participants can stake ALT tokens for an undetermined period, where the staking will continue until the participant manually decides to unstake the tokens. Tokens can be unstaked at any time. In this case, they will be unlocked at the end of the current 30-day period.
7.5 Reward Adjustments: The Company reserves the right to adjust the staking reward rates, eligibility criteria, and reward structures at any time, at its sole discretion. Any changes will be communicated to Users through the Platform or other relevant channels. The Company may alter reward rates based on market conditions, network performance, and the overall sustainability of the staking program. Any changes will be applied transparently, and Users will be notified accordingly.
7.6 Prohibited Activities and Fraud Prevention: The Company takes the integrity of the staking system seriously and has implemented various measures to prevent abuse, manipulation, or fraud. Any attempt by a User to manipulate the staking system, exploit vulnerabilities, or defraud the system will result in immediate termination of the User’s account. The Company reserves the right to take legal action against any User involved in fraudulent activities or violations of these Terms, as deemed appropriate. This includes, but is not limited to, artificially inflating staking amounts, using multiple accounts to exploit rewards, or engaging in other deceptive practices. The Company is committed to maintaining the fairness and security of the staking process to protect all Users and the broader ecosystem.
7.7 Tax Implications: The Company does not provide tax advice, and Users are encouraged to consult with a tax professional to understand any tax implications related to staking rewards, token usage, or other activities within the Platform. Depending on the jurisdiction, staking rewards may be subject to taxation, and it is the responsibility of the User to comply with any applicable tax laws and regulations.
7.8 Reward Disbursement: The staking rewards and the fixed monthly rewards will be distributed to eligible Users at the end of each 30-day period.


8. Wallet Ownership and Provision

8.1 Wallet Provision: The Company provides Users with the ability to create and use fully functional digital wallets on the Platform. These wallets enable Users to manage, store, and transact with crypto assets, including the Platform’s native tokens and any other supported digital currencies, with no restrictions. Users are free to use their wallets to manage any supported cryptocurrency assets, both within the Platform and externally.
8.2 Ownership and Control: Upon creation of a wallet, the User retains full ownership and complete control over the wallet, including all assets held within it. The Company does not own, control, or have access to any funds or assets in the User’s wallet.
8.3 Security and Responsibility: The security of the wallet and its contents is solely the responsibility of the User. The Company strongly encourages Users to take appropriate measures to protect their wallet credentials, including private keys, recovery phrases, backup phrases, and other security information. The Company will not be held liable for any loss of assets, unauthorized access, or other security breaches resulting from the User’s failure to maintain the security of their wallet and credentials.
8.4 Access to Private Keys or Recovery Phrases: The Company does not, under any circumstances, store or have access to the private keys or recovery phrases associated with any User’s wallet. Users are solely responsible for their private keys and recovery phrases and should never disclose them to anyone, including the Company. The Company will never ask for, request, or store any private keys or recovery phrases from Users.
8.5 Wallet Transfers and Withdrawals: Users are free to transfer, withdraw, or use the assets within their wallets at any time. The Company does not and has no authority to impose any restrictions on the movement of funds. All transfers and withdrawals are processed through the blockchain network, and the Company does not interfere with or control these transactions. The User acknowledges that the speed and cost of such transactions are subject to the conditions of the underlying blockchain.
8.6 Wallet Backup and Recovery: The Company provides Users with the ability to securely back up their wallet credentials, including private keys and recovery phrases, in case of loss or device failure. It is the User’s responsibility to ensure that they have backed up their wallet information securely. The Company will not be held liable for any loss of access to funds resulting from a User’s failure to back up their wallet credentials. The Company does not store copies of wallet backups or recovery phrases on its servers.
8.7 Transaction History and Records: The Company will provide Users with access to their transaction history, including all deposits, withdrawals, and transfers conducted through the Platform’s wallet. This transaction history is accessible via the Platform’s user interface.
8.8 Withdrawal and Transfer Fees: While the Company does not impose fees for holding or transferring assets within the Platform’s wallets, Users should be aware that transaction fees may be charged by the underlying blockchain network for transferring assets to external wallets or other blockchain addresses. These fees are not controlled by the Company, and the User is responsible for any such network charges.
8.9 No Interference with Funds: The Company does not and will not interfere with the User’s ability to access, use, or transfer funds in their wallet. The Company does not have the capability to block, freeze, or restrict access to User funds.
8.10 Legal and Regulatory Requests: In the event of a legal request from a law enforcement agency (LE) or as part of an ongoing Anti-Money Laundering (AML) investigation, the Company is obligated to provide any requested information as required by law. However, the Company has no access to the User’s wallet and cannot block, freeze, or restrict access to the funds within it. The Company can only provide information to the extent required by applicable law and will fully comply with such legal requirements.


9. Fees and Payments

9.1 Overview of Fees: The Company provides a variety of Services that may be subject to fees, including but not limited to booking fees for travel-related services, processing fees, and other administrative costs incurred during your use of the Platform. These fees are charged to ensure the continued operation and enhancement of the Services, and to cover the costs associated with the provision of exclusive services, transactions, and other activities on the Platform. The Company will always strive to provide a clear explanation of the fees applicable to each Service before any transactions are made.
9.2 Disclosure and Modification of Fees: All applicable fees will be disclosed to you prior to completing any transaction. The Company is committed to transparency regarding its fee structure, ensuring that you are fully informed about the costs associated with the Services you select. However, the Company reserves the right to amend, modify, or introduce new fees at its discretion. Should the fee structure change, the Company will provide notice to Users via the Platform, email, or other communication channels as appropriate. The notification will include details of any fee changes and their effective dates, ensuring Users have ample time to review and understand the updated structure before using the Services.
9.3 Non-Refundable Payments: All payments made for Services are non-refundable, unless otherwise specified by the Company in writing. This policy ensures that the Company can maintain its operations and provide services without undue financial risk. In cases where a refund may be granted, such as in the event of a service failure or other exceptional circumstances, the Company will provide written confirmation of the refund and any applicable terms. It is important to understand that certain Services, especially those related to bookings, may be subject to cancellation or modification fees, which will be disclosed at the time of the transaction.
9.4 Payment Methods: Payments made through the Platform are processed using the XPN token. The Company will use current exchange rates to determine the equivalent fiat value of the transaction at the time of payment. Once introduced in 2026, the native Pinnacle stablecoin, USDP, will be an additional payment method on the Platform.
9.5 Changes to Payment Methods and Terms: The Company reserves the right to modify its payment terms, methods, and policies at any time. Any changes will be communicated to you via the Platform or through other communication channels, and will be effective immediately upon posting. Users are encouraged to regularly review the payment-related terms and conditions to stay informed of any updates or changes.


10. Intellectual Property

10.1 Ownership of Intellectual Property: All intellectual property rights in the Platform and the Services, including but not limited to copyrights, trademarks, patents, design rights, trade secrets, and any other proprietary rights, are either owned by the Company or are licensed to the Company by third parties. This includes all software, code, content, and other materials incorporated into the Platform, as well as any related documentation, designs, and branding elements. These rights are protected under the intellectual property laws of Malta, international treaties, and other applicable laws. By accessing or using the Services, you acknowledge and agree that the intellectual property contained within the Platform and the Services is the exclusive property of the Company and may not be used without the Company’s prior written consent, except as expressly permitted under these Terms.
10.2 Restrictions on Use: You agree not to reproduce, modify, adapt, translate, distribute, create derivative works from, publicly display, or otherwise exploit any part of the Platform or the Services, including any content, code, or software, except as expressly authorized by the Company. You are also prohibited from decompiling, disassembling, reverse-engineering, or attempting to derive the source code of any software provided as part of the Services, unless otherwise permitted by applicable law. Any unauthorized use of the intellectual property in the Platform or the Services may result in the termination of your access to the Services and may also expose you to legal action.
10.3 User Content: You retain ownership of any Content you post, upload, or otherwise submit to the Platform. This may include, but is not limited to, text, images, videos, comments, reviews, or any other materials you share through the Services. By submitting Content, you grant the Company a worldwide, royalty-free, transferable, and sublicensable license to use, display, reproduce, modify, adapt, distribute, and otherwise exploit such Content for the purpose of operating, promoting, and improving the Services. This license is granted for as long as the Content remains on the Platform, and may be revoked only by deleting your Content from the Platform or requesting its removal in accordance with the applicable procedures set forth by the Company. You represent and warrant that you have all necessary rights and permissions to grant the Company this license and that your Content does not infringe on the intellectual property rights of any third party.
10.4 Infringement of Third-Party Rights: The Company respects the intellectual property rights of others and expects Users to do the same. You agree not to upload or post any Content that infringes upon the intellectual property rights, including copyrights or trademarks, of third parties. The Company reserves the right to remove any Content that it deems to infringe upon the rights of third parties or otherwise violates these Terms. The Company may also take further actions, including suspension or termination of your Account, in cases of repeated or severe violations of intellectual property laws. If you believe that your intellectual property rights have been infringed upon by Content posted on the Platform, you may submit a notice of infringement in accordance with the Company’s procedures for handling intellectual property complaints.
10.5 Trademarks: The trademarks, service marks, and logos used and displayed on the Platform are registered and unregistered trademarks of the Company or its licensors. You are not granted any rights to use any of these trademarks, service marks, or logos without the express written consent of the Company. Any unauthorized use of these marks may result in legal action.
10.6 No Transfer of Ownership: Except for the limited rights granted to you under these Terms, nothing in this Agreement shall be construed as granting you any rights, title, or interest in or to any intellectual property of the Company. All rights not expressly granted are reserved by the Company.
10.7 Third-Party Intellectual Property: The Platform may contain content, software, or services provided by third parties. Such third-party content is protected by intellectual property rights held by the respective owners of the content. You agree not to use any third-party intellectual property for any purpose other than as expressly permitted by these Terms, the owner of such intellectual property, or the applicable license.
10.8 Suggestions and Feedback: If you provide the Company with any suggestions, feedback, or recommendations related to the Services or Platform, you grant the Company a worldwide, royalty-free, irrevocable, transferable, and sublicensable license to use, modify, and incorporate such suggestions and feedback into the Platform and Services, without any obligation to compensate you for such contributions.
10.9 Preservation of Rights: The provisions of this section are fundamental to the Terms and Conditions, and the Company reserves all rights not expressly granted herein. Any breach of these intellectual property terms may result in immediate termination of your access to the Services and could expose you to legal liability.


11. Privacy and Data Protection

11.1 Commitment to Privacy: The Company values your privacy and is committed to protecting your personal data in compliance with applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) of the European Union and the relevant privacy regulations in Malta, such as the Data Protection Act (Chapter 586 of the Laws of Malta). We implement industry-standard security measures to protect your personal information from unauthorized access, disclosure, alteration, and destruction
11.2 Privacy Policy: For detailed information on how the Company collects, uses, stores, processes, and protects your personal data, please refer to our Privacy Policy. The Privacy Policy is an integral part of these Terms and is incorporated by reference. It outlines the types of personal information we collect, the purposes for which we use it, how long we retain it, and how we ensure its security. By using the Services, you acknowledge that you have read and understood the Privacy Policy.
11.3 Consent to Data Collection and Use: By accessing or using the Services, you consent to the collection, use, processing, and sharing of your personal data in accordance with the Privacy Policy. This may include the sharing of certain personal information with third-party service providers, affiliates, and partners to facilitate the provision of Services, such as processing payments, providing customer support, or fulfilling legal or regulatory obligations.
11.4 Rights to Your Personal Data: You have the right to access, correct, and delete your personal information, subject to applicable legal limitations. If you wish to exercise these rights, you may contact the Company through the contact information provided in the Privacy Policy. Please note that certain legal or contractual obligations may limit your ability to delete or access certain types of personal information. In such cases, we will notify you of the specific limitations.
11.5 Data Retention: The Company will retain your personal information only for as long as necessary to fulfill the purposes outlined in the Privacy Policy, or for a period of up to 5 years from the date of the last interaction with our services, unless a longer retention period is required by law. For certain data, such as financial information, the retention period may be extended up to 10 years to comply with regulatory requirements, including Anti-Money Laundering (AML) and tax laws.
11.6 Third-Party Data Processing: The Company may share your personal information with third-party service providers, contractors, or partners who assist in providing the Services. These third parties are obligated to safeguard your personal information and only use it in connection with the Services they provide to the Company.
11.7 Changes to the Privacy Policy: The Company reserves the right to update or modify the Privacy Policy from time to time to reflect changes in our practices, technologies, or legal requirements. Any changes to the Privacy Policy will be posted on the Platform and will be effective as of the date of such posting. We encourage you to review the Privacy Policy periodically to stay informed about how we protect your personal data.
11.8 Compliance with Legal Requests: The Company may disclose your personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, or as required by applicable laws, regulations, or legal processes.


12. Liability and Disclaimers

12.1 Provision of Services “As Is”: The Company provides the Services on an “as is” and “as available” basis, without any warranties or representations, either express or implied, regarding the accuracy, completeness, reliability, timeliness, or suitability of the Services for your intended purpose. While the Company strives to ensure that the Platform operates efficiently, there may be instances of downtime, errors, or interruptions that affect the availability of the Services. The Company does not warrant that the Services will be uninterrupted or error-free, nor does it guarantee the availability, security, or performance of any third-party services integrated with the Platform.
12.2 Limitations on Liability: To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, punitive, or consequential damages arising out of or in connection with your use of the Services. This includes, but is not limited to, damages for loss of profits, loss of data, or loss of business opportunities, even if the Company has been advised of the possibility of such damages. Additionally, the Company shall not be liable for any damages resulting from the actions or omissions of third-party service providers, or from any failure or malfunction of third-party services integrated into the Platform.
12.3 Limitation of Liability: The Company’s liability for any claim arising under or in connection with this Agreement shall be strictly limited to the total amount paid by you to the Company for the specific Service that gave rise to the claim. This limitation of liability shall apply regardless of the nature of the claim, whether in contract, tort (including negligence), strict liability, or any other legal theory. This limitation reflects the parties’ mutual agreement on the scope of liability for the Services and is intended to ensure fairness in the distribution of risks associated with the use of the Platform.
12.4 Exceptions to Limitation of Liability: Nothing in these Terms shall exclude or limit the Company’s liability for death, personal injury, or any other liability that cannot be excluded or limited under applicable law. In particular, nothing in this Agreement excludes or limits the Company’s liability for fraud, willful misconduct, or gross negligence. In the event of any breach of these Terms that results in personal injury or death, or where the Company’s liability is otherwise mandated by applicable law, such liability shall not be limited or excluded.
12.5 Force Majeure: The Company shall not be liable for any failure to perform its obligations under this Agreement due to any cause beyond its reasonable control, including but not limited to, fire, floods, earthquakes, strikes, government actions, pandemics, telecommunications failures, or delays caused by third-party providers. In the event of such a force majeure event, the Company will make reasonable efforts to notify you and resume performance of its obligations as soon as possible.
12.6 Third-Party Content and Services: The Platform may contain links to third-party websites or services that are not controlled or operated by the Company. The Company makes no representations or warranties regarding the content, services, or products provided by these third parties. You acknowledge and agree that the Company is not responsible for the availability, accuracy, or content of such third-party websites, and the inclusion of any links does not imply endorsement by the Company. You are solely responsible for your interactions with third-party services and bear the risk of any transactions or agreements made with such third parties.
12.7 Indemnification: You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, losses, liabilities, damages, costs, and expenses (including legal fees) arising out of or in connection with your use of the Services, your violation of these Terms, or your violation of any third-party rights. This indemnification obligation will survive the termination or expiration of this Agreement.


13. Customer Rights

13.1 Right to Information: You are entitled to receive clear, accurate, and comprehensive information regarding the Services provided by the Company. This includes details about the pricing structure, the available services, and any applicable terms and conditions that govern your use of the Platform. The Company is committed to ensuring that you are well-informed about the Services and any related policies.
13.2 Right to Privacy: Your personal data will be processed and protected in accordance with applicable data protection laws, such as the General Data Protection Regulation (GDPR) of the European Union and the Data Protection Act (Chapter 586 of the Laws of Malta). The Company is dedicated to safeguarding your privacy and ensuring that your personal information is handled responsibly. For further details about how the Company collects, uses, and protects your personal data, please refer to the Company’s Privacy Policy.
13.3 Right to Access: You have the right to access your Account at any time and to view, modify, or delete any information you have submitted to the Platform. This includes the ability to manage or review any bookings you have made for Travel Services. You can exercise this right by logging into your Account and updating the relevant details.
13.4 Right to Withdraw Consent: If you have provided consent for the collection or use of your personal information, you may withdraw this consent at any time. To do so, you must contact the Company in accordance with the procedures outlined in the Privacy Policy. Upon withdrawal of consent, the Company will cease using your personal data, except where retention is required by law or other legal obligations.
13.5 Right to Dispute: If you disagree with any charges or transactions related to the use of the Services, you have the right to dispute them. In the event of a dispute, the Company will work with you in good faith to investigate the issue and seek an appropriate resolution. This may include clarifications or corrections, as needed.
13.6 Right to Refund: You are entitled to request a refund for certain services, including but not limited to instances where the Company fails to deliver the Services as agreed or if a Third-Party Provider’s services do not meet the terms originally outlined. Refund policies for bookings are governed by the specific terms and conditions of the Third-Party Providers, and the Company will assist you in adhering to these policies when applicable.
13.7 Right to Appeal: If you are dissatisfied with any aspect of the Services or with any action taken by the Company, you have the right to appeal the decision through the Company’s dispute resolution procedures. These procedures may involve mechanisms such as mediation or arbitration to ensure that your concerns are addressed fairly.
13.8 Right to Security: You have the right to use the Services securely and with confidence that your personal information is protected. The Company will implement reasonable security measures to safeguard your data against unauthorized access, alteration, or destruction. The Company is committed to maintaining a secure environment for all users, employing industry-standard security practices and technologies to protect your information.


14. User Responsibilities

14.1 You are responsible for maintaining the confidentiality of your Account credentials, including your username, password, and any other authentication methods associated with your Account. You must take all reasonable precautions to prevent unauthorized access to your Account, including using strong, unique passwords and ensuring that your login details are not shared. You are accountable for all activities that occur under your Account, regardless of whether such activities were authorized by you. If you believe your Account has been compromised, you must notify the Company immediately and take appropriate steps to secure your Account.
14.2 You agree to comply with all applicable local, national, and international laws, regulations, and rules when using the Services. This includes adhering to data protection laws, such as the General Data Protection Regulation (GDPR) and other relevant privacy regulations, as well as anti-money laundering (AML) requirements. You agree to cooperate with the Company in ensuring compliance with these laws and to provide any necessary documentation for verification purposes.
14.3 You agree not to use the Services for any unlawful or fraudulent purposes, including but not limited to using unauthorized payment methods, committing identity theft, engaging in money laundering, or attempting to interfere with the Platform’s systems. Any activity that disrupts the proper functioning of the Platform, harms the Company or other Users, or violates any laws is strictly prohibited. If you are found to be engaging in fraudulent or illegal activities, the Company reserves the right to suspend or terminate your Account and cooperate with law enforcement authorities.
14.4 You are responsible for ensuring that all information you provide to the Company is accurate, complete, and up-to-date. You must promptly update your Account if any of this information changes. The Company relies on the accuracy of the information you provide to deliver Services and process transactions. Providing false or misleading information may result in delays, booking issues, or suspension of your Account.
14.5 You agree to immediately notify the Company if you become aware of any unauthorized access to or use of your Account, or if you notice any suspicious activity related to your Account. Prompt notification helps the Company secure your Account and take appropriate action. Failure to report such issues in a timely manner may result in you being held responsible for any losses or damages that arise.
14.6 You acknowledge that violating these Terms may result in the suspension or termination of your Account. The Company reserves the right to take appropriate actions, including suspending or permanently disabling your Account, withholding any funds, or refusing future bookings, if you breach these Terms. You will be notified of any suspension or termination, but the Company’s decision will be final.


15. Termination and Suspension of Account

15.1 The Company reserves the right to suspend or terminate your access to the Platform and Services at any time, with or without cause, if you violate any of these Terms or engage in any fraudulent, illegal, harmful, or unethical behavior. This includes, but is not limited to, using the Platform for unlawful activities, engaging in identity theft, committing fraud, violating intellectual property rights, or otherwise breaching these Terms in any manner. In cases of suspension or termination, the Company may restrict access to your Account or prevent you from using certain features or services. The Company is not liable for any loss, damage, or inconvenience caused by such suspension or termination, and will notify you if such actions are taken.
15.2 The User has the right to terminate their Account at any time by notifying the Company in writing or through the available platform options. This can be done by submitting a formal request through the designated contact channels on the Platform. Upon termination, you will no longer have access to the Services, and your rights to use the Platform will be revoked. If there are any pending transactions or obligations at the time of termination, it is your responsibility to ensure that these are completed before terminating your Account. The Company will retain any necessary data, as outlined in these Terms, even after the termination of your Account, for legal, compliance, or operational reasons. Upon termination, the User will retain access to their private wallet and the funds contained therein, but will no longer have access to any other services or functionalities of the Platform.
15.3 The User is the sole owner of all funds in their private wallet. In the event of termination or suspension of the User’s Account, the User will retain access to their funds and will remain in full possession of them. The Company does not have access to the User’s private wallet or any funds within it, and any cryptocurrency, tokens, or other assets held by the User in their private wallet will remain entirely under the User’s control.
15.4 Upon termination of your Account, the Company will retain the right to retain any data or information as required by applicable laws, including transaction records for compliance purposes. Such data will be stored in accordance with the Company’s Privacy Policy and may include personal information, transaction details, and other relevant data required for legal compliance, such as Anti-Money Laundering (AML) requirements. This retention of information will be done in a secure manner and in compliance with all applicable data protection laws.


16. Limitation of Liability

16.1 The Company is not liable for any damages, including but not limited to indirect, special, incidental, or consequential damages, arising from the use of the Services, including but not limited to the booking of Travel Services, staking rewards, or any other aspect of the Platform. This includes, but is not limited to, damages for loss of profits, loss of business, loss of use, loss of data, or any other economic or non-economic loss. The Company shall not be held responsible for any personal injury, property damage, or loss, whether direct or indirect, that may result from using the Platform or engaging with any of the Services provided by the Company.
16.2 The Company’s liability to you shall be limited to the amount paid by you for the Services in question. In the event of a dispute or claim, the Company’s total liability, regardless of the legal basis of the claim (e.g., contract, tort, negligence), shall not exceed the amount you have paid for the specific Service giving rise to the claim. This limitation applies to the fullest extent permitted by applicable law and reflects the agreed-upon risk allocation between you and the Company.
16.3 The Company is not responsible for any third-party actions, including those of Third-Party Providers. The Company does not guarantee the accuracy, reliability, or quality of the services provided by such third parties, and any agreements or transactions between you and Third-Party Providers are solely between you and them. The Company does not act as a guarantor or intermediary for the services or products offered by these third parties, and therefore, the Company will not be held responsible for any failure, dispute, or damage resulting from the actions, omissions, or negligence of any Third-Party Providers.
16.4 The Company is not liable for any technical errors, interruptions, or failures of the Platform or Services that are beyond the Company’s reasonable control. This includes, but is not limited to, issues caused by factors such as server outages, network disruptions, natural disasters, cyber-attacks, and other events of force majeure that might disrupt the proper functioning of the Platform or Services. The Company will make reasonable efforts to restore services as quickly as possible, but shall not be held liable for any downtime or loss of service resulting from such interruptions, provided that the interruption was not caused by the Company’s own negligence or failure to maintain the Platform.


17. Dispute Resolution

17.1 In the event of any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Services, both parties agree to first attempt to resolve the dispute through informal negotiation. Both the Company and the User commit to engaging in good faith discussions to try to reach a mutual resolution. If the dispute cannot be resolved within a reasonable time frame through negotiation, the parties will proceed to mediation.
17.2 If the dispute cannot be resolved through negotiation or mediation, it shall be submitted to binding arbitration in Malta, in accordance with the rules and procedures of the Malta Arbitration Centre or any other mutually agreed-upon arbitration institution. The arbitration process shall take place in a neutral and impartial manner, where both parties will have an equal opportunity to present their case. The arbitrator or arbitral panel shall have the authority to determine the scope of the dispute, the applicable law, and all procedural aspects related to the arbitration process. The arbitration shall be conducted in English, and all hearings, submissions, and documents exchanged shall be in English, unless both parties agree otherwise. The cost of the arbitration, including the arbitrator’s fees, shall be shared equally between the parties unless the arbitrator decides otherwise.
17.3 The decision of the arbitrator(s) shall be final and binding on all parties involved. Both the Company and the User agree to abide by the arbitrator’s decision without appeal or further legal recourse. The award issued by the arbitrator(s) may be enforced by a court of competent jurisdiction. The parties further agree that any legal action for the enforcement of an arbitration award shall take place in the appropriate courts in Malta, and both parties consent to the exclusive jurisdiction of the Maltese courts for this purpose.
17.4 Both the Company and the User understand that mediation and arbitration are the exclusive methods for resolving disputes, and that any claims not resolved by these methods will not be heard in a court of law, except as provided for under applicable laws. Each party shall bear its own costs, including legal and expert fees, related to the arbitration, unless determined otherwise by the arbitrator.
17.5 This clause shall not prevent the Company from seeking interim or emergency relief in a court of law, if necessary, to protect its interests or preserve the status quo pending the outcome of the mediation or arbitration process.


18. Governing Law

18.1 These Terms and any agreements between you and the Company regarding the use of the Services shall be governed by, and construed in accordance with, the laws of Malta. The parties expressly agree that the principles of conflict of laws shall not apply, and any issues or disputes related to the interpretation or enforcement of these Terms shall be resolved under the laws of Malta. This provision ensures that the legal framework of Malta shall apply to any legal matter arising from or relating to these Terms, regardless of where either party is located or where the dispute occurs.
18.2 Any legal action, claim, or proceeding arising out of or in connection with these Terms, including any disputes over their interpretation, validity, or enforcement, shall be brought exclusively in the courts of Malta. Both the User and the Company irrevocably submit to the exclusive jurisdiction of the courts of Malta for the resolution of such legal actions or proceedings. This means that any disputes related to these Terms will be handled by the courts in Malta, and the parties agree not to challenge the jurisdiction or venue of such courts. Both parties further agree that the courts of Malta shall have sole jurisdiction over any claims or actions arising from or in connection with these Terms.
18.3 The User acknowledges and agrees that by using the Services, they are subject to the laws of Malta and the jurisdiction of its courts, and they waive any objections or defenses regarding the convenience or appropriateness of the venue or jurisdiction.
18.4 This governing law clause shall apply to all matters related to these Terms, whether contractual or non-contractual, and extend to any dispute arising from the Services, including issues of privacy, payment, account management, or any other aspect of the Services.


19. Miscellaneous

19.1 Severability: If any provision of these Terms is determined by a competent court or tribunal to be invalid, illegal, or unenforceable, such provision shall be severed from these Terms, and the remainder of these Terms shall continue in full force and effect. The parties agree that the unenforceability of a provision does not affect the enforceability of the remaining provisions, and the remaining provisions shall remain valid and enforceable as if the invalid, illegal, or unenforceable provision had never been included.
19.2 Entire Agreement: These Terms, together with the Company’s Privacy Policy, Cookie Policy, and any other documents or agreements incorporated by reference, constitute the entire agreement between you and the Company regarding the use of the Services. This entire agreement supersedes any prior or contemporaneous agreements, communications, or understandings, whether written or oral, between the parties. No oral or written statements, representations, or agreements outside of these Terms and the incorporated documents shall have any binding effect unless expressly agreed to by both parties in writing.
19.3 No Waiver: The failure of the Company to enforce or exercise any provision of these Terms, or to act with respect to a breach of these Terms, shall not be deemed a waiver of the Company’s right to enforce or exercise any provision of these Terms in the future. Any waiver of any provision of these Terms shall be effective only if made in writing and signed by the Company. A waiver of any right under these Terms does not operate as a waiver of any other right or of the same right in the future.
19.4 Assignment: The Company reserves the right to assign or transfer its rights and obligations under these Terms, in whole or in part, to any third party at its discretion, without restriction or prior notice. Upon such assignment, the third party will assume the obligations of the Company under these Terms. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without the prior written consent of the Company.
19.5 Force Majeure: The Company shall not be liable for any delay or failure in performance under these Terms if such delay or failure is caused by events or circumstances beyond the Company’s reasonable control, including but not limited to acts of God, natural disasters, strikes or labor disputes, terrorism, wars, pandemics, acts of government, technical failures, cyber-attacks, or any other event that prevents or hinders the performance of the Services. In the event of such delay or failure, the Company will make reasonable efforts to resume performance as soon as practicable. The Company will not be liable for any losses or damages resulting from any failure or delay in performance caused by such force majeure events.