LAST UPDATED: March 2025

Welcome to Ex Populus! Ex Populus, Inc. (“Ex Populus” or “we” or “us” or “our”) is the company that oversees the development and operation of a number of video games and emerging technologies, including but not limited to Ex Populus Digital Collectibles Store and Gaming Platform (the “Collectibles Store”) and Raijin Rewards Platform on raijin.gg (“Raijin”) (each a “Product”). These Terms of Service (“Terms” or “Agreement”) apply to your access to and use of the Products and all services made available on the Products (collectively, the “Services”). By using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section I.17 and the additional terms specific to each Product you use which are included at the bottom of these Terms. If you do not agree to these Terms, you may not access or use our Services.

PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH REQUIRES YOU TO, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST EX POPULUS ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with Ex Populus if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

If you have any questions about these Terms or our Services, please contact us at [email protected].

Section I
General Terms & Conditions

For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy available via https://expopulus.com/privacy and https://raijin.gg/privacy. By using the Services, you are accepting the terms and conditions of our Privacy Policy.

Unless otherwise indicated (e.g., as part of the rules for an in-Service contest), in order to use our Services, you must meet the following eligibility criteria:

If you are under 18 years of age (or the age of legal majority where you live), you may use certain Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services.

Each Product or Service may have its own eligibility requirements, including a higher age requirement. Please refer to the Product-specific terms for the Product(s) you are using (found at the bottom of this page) and to any rules specific to each contest on the Service. For example, Raijin requires you to be at least 18 or the age of legal majority in your jurisdiction, whichever is higher.

The Services may refer to or give opportunities to participate in contests of skill, sweepstakes, or other events that offer the ability to win Product specific points or virtual in-Service items (each a “Prize”) that can be redeemed for items of actual or potential monetary value (each a “Reward”), subject to these Terms. Rewards may include, but are not limited to, cryptocurrency, gift cards, experiences, or physical items. Participation in these events for a Reward may require you to send us material or information about yourself, and redeeming a Reward can only be done after eligibility validation and identity verification, which may include KYC. Each contest, sweepstakes or other such event may have its own rules and additional terms, which you are required to read and agree to before you enter. If we offer any sweepstakes on our Service, we will always provide a free method of entry. No purchase or payment is required to participate or win a sweepstakes. Details on how to enter without making a purchase will be clearly outlined in official rules for each sweepstakes.

At our sole discretion, we may require proof that you meet the conditions and eligibility criteria set out in these Terms. Failure to comply may result in the closing of your account and the loss of all Rewards or other Prizes that have not yet been redeemed.

You may need to register for an account to access certain of our Services. When you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You must not permit others to use your account credentials. You are responsible for the activities of any users that occur in connection with your account, including transactions or redemptions. We reserve the right to reclaim usernames you make with us, for any reason in our sole direction, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames, or usernames that otherwise violate our community standards.

Access to your account is limited solely to you. Your account, including any information pertaining to it, including contact information, billing information, account history, and more, is strictly personal. You will not sell, rent, lease, or grant access to your account to any person without our prior written permission.

Your account is not transferable. You may not authorize others to use your account, and you may not assign or otherwise transfer your user account to any other person or entity.

You are solely responsible for maintaining the security of your account and control over any usernames, passwords, or any other codes that you use to access our Services. You will not hold us responsible for managing and maintaining the security of your account. We are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your account. You are responsible for monitoring your account. If you notice any unauthorized or suspicious activity in your account, please notify us immediately.

For certain Products like Raijin, you will be asked to create an account by authenticating with Steam and/or another third party service. See Terms Specific to Raijin below for more information about your Raijin account.

We do not offer a hosted digital wallet on the Products or otherwise custody any Web3 items for our users as part of the Services.

To receive any Web3 items, including any Web3-dependent Prizes, you will be required to link a Web3 blockchain digital wallet (“Web3 Wallet”) that is compatible with the relevant Web3 item. You can find more information about the Web3 Wallet compatibility requirements for each type of Web3 item here: Xai Connect, Metamask or Phantom wallet. You will be responsible for safekeeping the passwords and keys associated with your Web3 Wallet. We will not be able to recover Web3 items for you in the event that you lose access to your Web3 Wallet account or under any other circumstances.

On all Products, we currently accept payments in the supported cryptocurrencies listed on our website here: https://expopulus.com/. Ex Populus will never be responsible for custodying your Web3 Wallet or cryptocurrencies. You must custody them yourself, or work with your preferred third party to custody them for you.

You agree that we or our payment facilitators, including third parties, may store your information to process your future purchases in compliance with applicable payment processing regulations. You further agree that such payment facilitators may also verify Web3 Wallet ownership through a digital signature using your crypto address for the purpose of legal and regulatory compliance.

ALL PRICING AND PAYMENT TERMS ARE AS SET FORTH ON THE PRODUCT, AND ANY PAYMENT OBLIGATIONS YOU INCUR ARE BINDING AT THE TIME OF PURCHASE. ALL SALES, AND ANY PAYMENTS MADE, ARE FINAL. UNLESS OTHERWISE REQUIRED BY LAW, WE WILL NOT PROVIDE A REFUND ON ANY DIGITAL ITEM PURCHASED OR PAYMENT MADE IN CONNECTION WITH THE PRODUCTS.

ALL TRANSACTIONS (E.G., TRANSFERS, SALES) THAT YOU ENGAGE IN ARE FINAL. YOU AGREE THAT YOUR PAYMENT METHOD IS VALID AND LEGALLY BELONGS TO YOU AND THAT YOU ARE RESPONSIBLE FOR ANY TRANSACTIONS ON YOUR ACCOUNT.

You agree to notify us about any billing problems or discrepancies in connection with a purchase made directly on our Collectibles Store within 30 days of the purchase. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and any other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted or that were authorized or accepted using your account. For the avoidance of doubt, any redemptions made on third party platforms will be governed by the Terms and Conditions and Privacy Policy of the respective third parties, so any of your questions, notifications, billing problems or discrepancies in connection with such purchase or redemption must be made directly to that third party.

ALL TRANSACTIONS INVOLVING YOUR WEB3 WALLET AND/OR WEB3 ITEMS OCCUR THROUGH YOUR PERSONAL WEB3 WALLET ON A BLOCKCHAIN NETWORK. WE HAVE NO ABILITY TO REVERSE OR MODIFY ANY SUCH TRANSACTIONS. WE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES THAT MAY ARISE AS A RESULT OF ANY TRANSACTIONS THAT YOU ENGAGE IN INVOLVING YOUR WEB3 WALLET AND/OR WEB3 IN-GAME ITEMS. WE ARE NOT AND WILL NOT BE RESPONSIBLE FOR ANY CLAIMS, DAMAGES, LOSSES, OR LIABILITIES WHATSOEVER RESULTING FROM ANY TRANSACTIONS THAT YOU ENGAGE IN USING YOUR WEB3 WALLET OR THE COMPROMISE OF YOUR SYSTEMS OR WEB3 WALLET.

You agree and acknowledge that your Web3 Wallet address may be screened for sanctions lists and geo-location purposes, including to detect whether you may be in a (a) comprehensively sanctioned jurisdiction; (b) jurisdiction subject to heightened sanctions risks enforced by certain countries, governments, or international authorities; or (c) jurisdiction otherwise considered high risk.

Some examples of sanctions lists include: The Office of Foreign Assets Control’s (OFAC) Specially Designated Nationals And Blocked Persons List (SDN) (USA); The Office of Financial Sanctions Implementation’s (OFSI) Consolidated List of Financial Sanctions Targets in the UK (UK); The United Nations Security Council Consolidated List (UN); Consolidated list of persons, groups and entities subject to EU financial sanctions (EU); among others.

REWARDS OVER $600 USD IN THE AGGREGATE IN ONE CALENDAR YEAR ARE SUBJECT TO VALIDATION AND IDENTITY VERIFICATION. YOU CANNOT REDEEM A REWARD OVER $600 USD IN THE AGGREGATE IN ONE CALENDAR IF YOUR ELIGIBILITY IS NOT VALIDATED TO OUR SATISFACTION OR IF YOU DO NOT VERIFY YOUR IDENTITY IN A KYC CHECK.

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:

Enforcement of this Section I.6 is solely at Ex Populus's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section I.6 does not create any private right of action on the part of any third party or any reasonable expectation that our Services will not contain any content that is prohibited by such rules.

In case of account closure due to a prohibited action, as outlined in this section, you are prohibited from opening a new account. Any future attempt to create an account after being banned from the Service will be considered a breach of this Agreement and will result in the closure of such account with no refund or payment of Rewards.

You agree that Ex Populus, in its sole discretion, may communicate your involvement or engagement in any prohibited conduct set forth in this Section I.6, especially cheating, collusion, or game manipulation, to third-party platforms currently or previously linked to your account and that Ex Populus is not responsible for any actions taken by the third party in response to such communication.

We have the right to suspend or terminate your accounts with us or access to our Services, with or without notice, and refuse any current or future use of the Services at any time and for any reason. We may immediately suspend your account, pause or cancel your access to our Services, or close your account if we suspect, in our sole discretion, that (a) your Web3 Wallet is being used for money laundering, to evade sanctions or to engage in illegal activity, (b) you have concealed or provided false identification information or other details, (c) you have engaged in fraudulent activity, (d) you have engaged in transactions in violation of these Terms, (e) you do not pass KYC, or (f) you have engaged in any of the prohibited conduct and activities included in Section I.6 of these Terms.

Our Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Ex Populus or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to our Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, non-commercial use. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights. Any logos, images, trademarks, or other intellectual property owned by third parties that appear on our Service are the property of their respective owners. We make no claims of ownership over any third-party intellectual property. If you are a rights owner and wish to discuss the current or proposed future use of your rights, please email us at [email protected].

Ex Populus and our logos, our product or service names, our slogans and the look and feel of our Services are trademarks of Ex Populus and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, third party game art or characters, product names and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, APIs, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

(i) Feedback. You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Ex Populus or our Services (collectively, "Feedback"). We may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Ex Populus 's sole discretion. You understand that Ex Populus may treat Feedback as nonconfidential.

(ii) User Content. Subject to any limitations under applicable law, you acknowledge and accept that you have no property or other rights in any content on the Services, including but not limited to any content that you may have created or developed and submitted to the Products, Services, or Ex Populus (“User Content”). By submitting any User Content, and subject to any limitations under applicable law, you give up any claims that the use of User Content violates any of your rights, including moral rights, privacy rights, proprietary rights, publicity rights, rights to credit for material or ideas or any other right, including the right to approve the way such User Content is used. Additionally, you grant us and any successors and assigns a perpetual, royalty-free, fully paid up, irrevocable, sublicensable, worldwide license to use, transmit, copy and display such submitted information and material in any and all media now known or hereinafter devised and represent that you have all necessary rights to grant the foregoing license. We may change, edit, or remove any User Content that we deem abusive, illegal, indecent, obscene, offensive, threatening or otherwise violating our policies in any way.

(i) By linking a third-party platform to your account to access the third party’s service, including video game content, authentication services, gift card redemptions, cryptocurrency rewards, KYC vendor, software, hardware, or a Web3 Wallet, you are representing that you have agreed to and adhere to that third party’s terms of service and privacy policy. Your dealings or correspondence with third parties and your use of or interaction with any third-party services are solely between you and the third party. Ex Populus does not control or endorse or screen, and makes no representations or warranties regarding, any third-party services, and your access to and use of such third-party services is at your own risk and subject to the terms of that third party.

(ii) We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our Services (in each case, excluding all Creative Work) (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.

References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship, partnership with, or recommendation of the third party, or the quality of the product or service, advice, information or other materials displayed, purchased, or obtained by you in connection with such reference.

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Ex Populus and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "Ex Populus Parties") from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services (including, without limitation, in-Service virtual items and Rewards); (b) your User Content or Feedback; (c) your violation of these Terms (including, without limitation, the terms and conditions with respect to each Product), the Developer Terms, or the terms specific to each Product; (d) your violation, misappropriation or infringement of any intellectual property, privacy, or other rights of another; or (e) your conduct in connection with our Services. You agree to cooperate with the Ex Populus Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). Ex Populus Parties will have control of the defense or settlement, at Ex Populus 's sole option, of any third-party Claims.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, THE SERVICES AND ANY CONTENT IN THE SERVICES, ALL CREATIVE WORKS, BENEFITS, AND IN-SERVICE VIRTUAL ITEMS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, EX POPULUS DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES, ANY CREATIVE WORKS, BENEFITS, OR IN-SERVICE VIRTUAL ITEMS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE EX POPULUS ATTEMPTS TO MAKE YOUR USE OF OUR SERVICES AND ANY CONTENT THEREIN, ALL CREATIVE WORKS, BENEFITS, IN-SERVICE VIRTUAL ITEMS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SERVICES.

EX POPULUS PARTIES WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY ACCESS TO OR USE OF CREATIVE WORKS, BENEFITS, OR IN-SERVICE VIRTUAL ITEMS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED OR THIRD-PARTY COMPROMISED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE, THE APPLICABLE BLOCKCHAIN, A THIRD PARTY, OR YOU. EX POPULUS PARTIES WILL ALSO NOT BE RESPONSIBLE FOR: (A) ANY LATE, LOST, MISROUTED, GARBLED OR DISTORTED OR DAMAGED TRANSMISSIONS, OR REGISTRATIONS; (B) PHONE, ELECTRONIC, HARDWARE, SOFTWARE, NETWORK, INTERNET, OR OTHER COMPUTER OR COMMUNICATIONS-RELATED MALFUNCTIONS OR FAILURES; (C) ANY SERVICES DISRUPTIONS, INJURIES, LOSSES OR DAMAGES; OR (D) ANY TYPOGRAPHICAL ERRORS IN ANY MATERIALS ASSOCIATED WITH THE SERVICES.

The legal framework for the regulation of blockchain-based digital assets in the U.S. and internationally is rapidly evolving and subject to change. In the U.S., Congress has not expressly granted authority to any regulator to regulate digital assets or adopted legislation clarifying the application of the U.S. federal laws, including securities, commodity and money services business laws, to digital assets. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of cryptocurrencies and Web3 items.

There is no guaranteed future value for collectibles, in game items, cryptocurrencies or Web3 items.

We are not responsible for sustained losses due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), the applicable blockchain, or any other features of Web3 items. We are not responsible for sustained losses due to any issues with the applicable blockchain supporting cryptocurrencies or Web3 items including forks, technical node issues or any other issues having fund losses as a result.

In some cases, Ex Populus integrates directly with third parties, including but not limited to, online merchant platforms, mailing list platforms, game engines, digital distribution platforms and game storefronts, KYC vendors, gift card redemption vendors, and social media platforms ("Third Party APIs"). Ex Populus has no control over the uptime and functionality made available through Third Party APIs and as such certain aspects of the Products could incur an outage outside of Ex Populus’s control, and certain aspects of the Products’ functionality, including contests, could be impacted by changes of features made available through Third Party APIs.

The Ex Populus Products are subject to flaws and you acknowledge that you are solely responsible for evaluating any code provided by the Products. Ex Populus may experience cyber-attacks, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions to or delays on the Products. You accept the risk of the Products’ failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses.

To the fullest extent permitted by applicable law, Ex Populus and the other Ex Populus Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Ex Populus or the other Ex Populus Parties have been advised of the possibility of such damages.

The total liability of Ex Populus and the other Ex Populus Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to $100.

The limitations set forth in this Section I.14 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Ex Populus or the other Ex Populus Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

To the fullest extent permitted by applicable law, you release Ex Populus and the other Ex Populus Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users or the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

In order for us to provide our Services, we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH EX POPULUS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.

(i) No Representative Actions. You and Ex Populus agree that any dispute arising out of or related to these Terms or our Services is personal to you and Ex Populus and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

(ii) Arbitration of Disputes. Except for small claims disputes in which you or Ex Populus seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Ex Populus seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, YOU AND EX POPULUS WAIVE YOUR RIGHTS TO A JURY TRIAL AND WAIVE YOUR RIGHTS TO HAVE ANY OTHER DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES, INCLUDING CLAIMS RELATED TO PRIVACY AND DATA SECURITY, (COLLECTIVELY, “DISPUTES”) RESOLVED IN COURT.

Instead, for any Dispute, small claim dispute, or equitable relief for intellectual property infringement or misappropriation, that you have against Ex Populus you agree to first contact Ex Populus and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Ex Populus by email at [email protected] or by certified mail addressed to 535 Mission St 14th floor, San Francisco, CA 94105. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above.

If you and Ex Populus cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then EITHER PARTY MAY SUBMIT THE DISPUTE TO BINDING ARBITRATION ADMINISTERED BY JAMS OR, UNDER THE LIMITED CIRCUMSTANCES SET FORTH ABOVE, MAY SUBMIT THE SMALL CLAIM DISPUTE OR EQUITABLE RELIEF FOR INTELLECTUAL PROPERTY INFRINGEMENT OR MISAPPROPRIATION IN COURT. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Alameda County, California unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section I.17, a “consumer” means a person using the Services for personal, family or household purposes. You and Ex Populus agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

(iii) You and Ex Populus agree that these Terms affect interstate commerce and that the enforceability of this Section I.17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

(iv) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Ex Populus, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

(v) You and Ex Populus agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Ex Populus will pay the remaining JAMS fees and costs. For any arbitration initiated by Ex Populus, Ex Populus will pay all JAMS fees and costs. You and Ex Populus agree that the state or federal courts of the State of California and the United States sitting in Alameda County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

(vi) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Ex Populus will not have the right to assert the claim.

(vii) You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section I.17 by emailing us at [email protected]. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section I.18.

(viii) If any portion of this Section I.17 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section I.17 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section I.17; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section I.17 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section I.17 will be enforceable.

Any dispute arising from these Terms and your use of our Services will be governed by and construed and enforced in accordance with the laws of the State of Delaware, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in San Francisco, California.

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. We may also, from time to time, issue patches or updates for portions of the Services. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

These Terms constitute the entire agreement between you and Ex Populus relating to your access to and use of our Services. Notwithstanding any other provisions of these Terms, Sections 5 through 21 survive any expiration or termination of these terms. The failure of Ex Populus to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or our Services, in whole or in part, without your prior written consent.

In addition to the General Terms & Conditions in Section I above, by accessing Raijin, you agree to these Terms Specific to Raijin (for this Section II.2, "RaijinTerms” includes the General Terms & Conditions and the Terms Specific to Raijin).

Raijin’s mission is to reward the gaming community with real world prizes! Raijin is a rewards platform through which users can win a prize of “Credits” by playing games and completing in-game achievements on third-party gaming platforms, including Steam and others, that can be redeemed for Rewards on raijin.gg. Credits may be redeemed for items of monetary value, such as cryptocurrency, gift cards, or other redeemable items (“Rewards”) as disclosed on the Raijin redemption page (raijin.gg/redeem). Rewards over six hundred dollars ($600) of USD value, in the aggregate in one calendar year, will require you to pass identity verification, known as KYC. Additionally on Raijin, you may also enter occasional contests, the rules of which will be advertised on Raijin, and you may be eligible to win more Credits through these contests, subject to these Terms.

You may not use Raijin if you are under the age of 18 or the age of legal majority in your jurisdiction, whichever is higher. You may not use Raijin on behalf of any other person or entity, specifically: (a) your Raijin account is not transferable; (b) you may not authorize others to use your Raijin account; and (c) you may not assign or otherwise transfer your Raijin account to any other person or entity. Under no circumstances shall you access Raijin via a VPN or permit any other person or third-party to use or re-use your Raijin account.

On Raijin, we may run and you may enter contests as advertised on the Product, available at raijin.gg/contests. You agree to review and be bound by the rules for each contest you enter as advertised on the Product at the time of the contest. If you violate the Raijin Terms or the contest rules at any time during the contest signup period, contest participation period, or results validation period, you agree that you forfeit any Credits or claim to any prize for that contest.

Games that are eligible for a certain contest will be displayed on raijin.gg/contests. If you do not see a particular game listed for a contest, your in-game achievements are not eligible to earn points for that particular contest. See the contest page of a particular contest for more information on which games are eligible.

Nothing in this section limits our right to take appropriate action against you—including closing your account, banning your participation in any content, banning you from the Product entirely, and/or refusing to allow you to redeem outstanding Credits for Rewards—in accordance with other provisions of these Terms, if you violate these Terms at any time, including during the contest periods.

Points (pts) are used to determine ranking in contests on Raijin.gg. Contests may award points or other prize payouts associated with your ranking. When you unlock an in-game achievement, your points will be periodically applied to any contests, game leaderboards, and the all time leaderboard viewable under your Raijin account. Achievements contain a timestamp record of the exact time when that achievement is unlocked, as well as its rarity. Rarity is determined by the percentage of the overall player userbase that has obtained that particular achievement at the moment in time when such achievement is unlocked. Based on rarity, points are calculated for you on Raijin. Note that if another user obtains the same achievement as you, since it will occur at a different moment in time, and based on a different userbase, their rarity score may be different from yours even for the same achievement, and as a result, the total number of points posted on the leaderboard for that other player will be different.

For illustrative purposes only, imagine a game has 100 players. The first player to obtain an achievement will have a rarity of 1%. The second player to obtain that same achievement will have a rarity of 2%. Both players will have obtained the same in-game achievement, but the rarity score will change depending on when it is achieved.

As achievements are completed by you in-game across all eligible games you play, we regularly check achievements unlocking by calling Steam's API. Once we receive your achievement data from Steam’s API, we calculate your corresponding number of points for the leaderboard based on the achievement rarity. Certain achievements may have points multipliers applied to them for promotional purposes in our discretion as marketed and displayed on raijin.gg. Next, that achievement (name of the game + achievement ID; none of your personal information) is minted on chain to the Xai Public Ledger. Finally, contest rankings will be regularly updated on the leaderboard to reflect your total points and the points of other players in that contest, in addition to the total prize Credits awarded. Given the time delta for points calculation, verification, and achievements minting on chain, all contest rankings and point allocations are subject to change until finalized by us.

After a contest has closed, we may run a final check for all players in that contest to confirm we have tracked all of your achievements during the contest time frame, and to confirm all prize winners have been awarded their Credits. Once we have verified every achievement has been minted on chain, we will conduct an internal review period to verify point calculations, all final contest standings, and Credits awarded to winners. This process to finalize points and award Credits will typically be completed within 48 hours, excluding weekends. You understand that validation is a process that requires varying levels of detailed investigation in accordance with Section I.5 above, and, as such, the time it takes for us to validate an event outcome may vary and could extend longer than we expect. Rest assured our team is working hard to confirm all final contest standings and post them as soon as they are available.

The only way to earn Credits is through contest prizes or promotional giveaways. It is not possible for you to buy Credits directly, and since Raijin accounts are non-transferable you are never able to swap with other players or for other currencies to increase your Credits.

Your Credits are redeemable for Rewards. Rewards available for redemption by Credits on Raijin include, but are not limited to: cryptocurrency, gift cards, experiences, physical goods, or any other item we may specifically advertise in the contest rules from time to time. The redemption value of your Credits may change in redemption value from time to time at our sole discretion. When redeeming Credits for a Reward, your IP geolocation will pre-select a country, or you will select your country from a drop down menu. All Rewards available for redemption in your country will be displayed, as well as the corresponding Credits needed to redeem each Reward. We are not responsible if the country selected at the time of redemption is incorrect and that results in you redeeming your Credit for a Reward that you are not eligible to use in your country. You are responsible for verifying all information is accurate for your Reward prior to your redemption, which can not be reversed once initiated by you.

If you are redeeming a gift card, you will be required to provide your first name or username (which will appear on the rewards email), and the email address you wish to receive your selected digital gift card. Remember to confirm the correct country where your gift card will be eligible for use. If you are redeeming cryptocurrency, see Section I.4.

The items for which Credits can be redeemed may change at any time at our discretion and the Reward options will be clearly displayed at the time of redemption. You agree that you are not entitled to redeem your Credits for a certain Reward if it is not available on Raijin at the time of your redemption. You agree that certain Rewards may be limited offerings and that just because we may have offered one item in the past does not mean that we will offer that same or similar item again as a Reward in the future.

You further agree that if we choose to require redemption of Credits or claim Reward(s) through a third-party platform or service, that you will review the terms of that third party prior to completing the redemption process. Ex Populus is not a party to your relationship with the third party. Your dealings or correspondence with third parties and your use of or interaction with any third-party services are solely between you and the third party. You agree that once you have chosen to redeem Credits or claim Reward(s) through such third party, Ex Populus is under no obligation to issue any refunds or replacements for your Credits or Reward(s). Any issue with redemption due to a third party’s services or actions is solely between you and the third party, and you should resolve the issue directly with the third party and their customer service team.

We reserve the right to require you to complete a Know Your Customer (“KYC”) check at the time of your Credits redemption or claiming a Reward. If you fail to complete any KYC check we require to our satisfaction, then you CANNOT redeem your Credits or claim Rewards in excess of six hundred dollars ($600 USD) in any calendar year. Anyone attempting to redeem a Credit valued in excess of $600 USD in the aggregate in one calendar year, will receive an “additional details needed” popup on our redemption page and you will be required to complete KYC.

In order to pass KYC, you will be asked to provide some or all of the following information and documentation to verify the same: Email Address; First and Last Name, Date of Birth; Phone Number; Residential Address; Proof of address (typically a picture of a bank statement or a utility bill with the name, residential address and date of issue; Identity Document (typically a Passport, National ID, or Driver’s License); Selfie; and Web3 Wallet (if applicable for cryptocurrency redemptions). Passing KYC means the following have been validated by our third party KYC vendor: Face Match, Identity Document Authenticity, and AML-Risk.

IF YOU DO NOT COMPLETE A KYC CHECK, FOR ANY REASON INCLUDING YOUR OWN FAILURE TO PROVIDE DOCUMENTATION OR THE UNAVAILABILITY OF THE THIRD-PARTY KYC VENDOR, YOU CANNOT REDEEM CREDITS OR CLAIM A REWARD IN EXCESS OF $600 USD IN THE AGGREGATE IN ONE CALENDAR YEAR. If you do not complete a KYC check due to your own failure to provide documentation in a timely manner, we reserve the right to permanently close your account.

For avoidance of doubt, restrictions and provisions concerning Rewards in the Terms also apply to Credits unless otherwise stated. Where the Terms Specific to Raijin conflict with the rest of the Terms, the Terms Specific to Raijin shall apply.

If we close your account for any reason in these Terms, we reserve the right to cancel or refuse to redeem any Credits or Rewards in your account.

If you are redeeming Credits or claiming Rewards in excess of $600 USD in the aggregate in one calendar year (subject to KYC) AND you are a US Person, you are required to complete and submit a Form W-9 (Request for Taxpayer Identification Number and Certification) as mandated by the Internal Revenue Service (IRS). A US person is: a United States citizen or United States resident (including residents for tax purposes) who is required to report income, deductions, or other tax information.

This form can be accessed at https://www.irs.gov/pub/irs-pdf/fw9.pdf. Failure to provide the required Form W-9 may result in disqualification from the contest, forfeiture of any Credits or Rewards, and we reserve the right to permanently close your account.

Raijin does not have a formal partnership with Valve Corporation, any of its partners or any of its brands, including the Steam platform. We may call Steam’s APIs, where available, to validate in-game achievement data, or to provide other Services. Accordingly, for clarity, Steam and Valve Corporation are third parties, and the provisions of these Terms pertaining to third parties also apply to your use of Steam, including Section I.11 above.

You acknowledge that certain Services, including certain contests and Credits, are dependent on Steam’s API and agree that Ex Populus is not responsible for the unavailability of Steam’s API for any reason. Ex Populus may in its sole discretion decide to modify or cancel a contest or Credit prize opportunity based on the unavailability of Steam’s API.

Raijin does not claim any rights to the intellectual property of Valve Corporation or any of the games hosted on the Steam platform, including any marks, copyrights, products, or services. Valve, the Valve logo, Half-Life, the Half-Life logo, the Lambda logo, Steam, the Steam logo, Team Fortress, the Team Fortress logo, Opposing Force, Day of Defeat, the Day of Defeat logo, Counter-Strike, the Counter-Strike logo, Source, the Source logo, Counter-Strike: Condition Zero, Portal, the Portal logo, Dota, the Dota 2 logo, and Defense of the Ancients are trademarks and/or registered trademarks of Valve Corporation. All other trademarks are property of their respective owners.

You agree that Raijin may share the in-Service results of your gameplay, including your Credits won or Rewards redeemed, with the operator of the relevant game whether or not Raijin has partnered with that game to run that specific contest or offer that specific Credit as a prize.