Terms of Use

1. General

These Terms of Use (“Terms”) are a legal agreement between you and Nebula Labs Inc. (“Nebula,” “Company,” “we,” “us,” or “our”) and apply to your use of our Site. By using the Site, you agree that you’ve read and accept these Terms, as well as any other policies or rules referenced here. If you don’t agree or aren’t legally able to agree, please don’t use the Site.

Important: (1) The “Legal Disputes” section below includes an arbitration clause and a waiver of your right to join class actions, which means (a) you agree to resolve disputes through individual arbitration (not in court); and (b) you give up the right to join any class actions against us. (2) If you’re in the European Union, European Economic Area, United Kingdom, or in a place that doesn’t allow this type of arbitration, this notice doesn’t apply to you. (3) There is also a specific section for California and New Jersey residents in the United States with additional legal terms.

The Site may include links to third-party websites or services we don’t control. We’re not responsible for their content, quality, or privacy practices. Be sure to review their terms and policies before using them; it’s solely your responsibility.

2. Privacy Policy

To offer the Site, we may collect certain information about you, which we only use when we have a valid legal basis to do so. Please review our Privacy Policy, which is incorporated into these Terms and also governs your use of the Site. To the extent there is a conflict between the terms of the Privacy Policy and these Terms, the applicable provisions of these Terms shall control.

3. Changes to These Terms

We may update these Terms or change the Site at any time. This includes adding or removing features, limiting access, or stopping parts of the Site altogether. We may also add new terms that apply to certain features. Please check back regularly for the latest version. When we make changes, we’ll update the “Last Updated” date at the top of the page. The revised Terms take effect right away once posted. By continuing to use the Site after changes are posted, you agree to the updated Terms, which replace any earlier versions.

4. Who May Use Our Site

Prohibited Users by Law

You may not use the Site if doing so would violate U.S. or other applicable export control or sanctions laws. This includes if you are, or are acting on behalf of, someone on a U.S. government sanctions list—such as a Specially Designated National (SDN) or similar restricted party. By using the Site, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Minors and Consent

The Site is not meant for minors. You can only use the Site if you’re 18 or older, or if you’re old enough to legally enter into a contract where you live. If you’re not, you can only use the Site with a parent or legal guardian who agrees to these Terms and supervises your use. If you’re a parent or guardian and you allow your child (aged 13–17) to use the Site, you agree to these Terms on their behalf and take full responsibility for their use. If you think a child under 13 (or 16 in the EU) has used the Site or shared personal information, please contact us at support@nebula.haus.

5. How The Game Works

Epochs and Memos

The Site operates on the Solana blockchain and uses smart contracts to enable gamified on-chain messaging in recurring Solana “epoch” cycles (~48 hours) (each an “Epoch”). During each Epoch Users may submit a message limited in character length on-chain (“Memo”) displayed on the Site based on the Epoch Rules below. Each Memo may be subject to a SOL network transaction fee. To display a Memo on our Site, you must use a third-party wallet which allows you to engage in transactions on blockchains.

ALPHA by Haus is an on-chain public square. Memos are permanent, public, and recorded on Solana—there’s no undo button. You’re fully responsible for what you post.

We believe in free expression, but we also expect users to respect the Game and the Users in it. We reserve the right to restrict participation, hide content from the Site’s user interface (“UI”), or take other action if you break the rules, violate these Terms or make the space worse for others.

Memo Rules

• No incitement of violence or promotion of violent ideologies.
• No promotion of hate based on identity or harming others.
• No calling for people or groups to be assassinated, murdered, or attacked physically.
• No harassment, block evasion, dogpiling, or doxxing of others.
• No coordinated activity to attack other users.
• No posting of private personal information about others.
• No racism, sexism, homophobia, xenophobia, ableism or casteism.
• No transphobic behavior such as intentional misgendering and deadnaming.
• No spamming.
• No impersonating an individual or entity in a deceptive manner or in an attempt to mislead others.
• No acting in a manner that violates laws in your jurisdiction.
• No posting content that is illegal or violates someone else’s intellectual property.
• No encouraging others to violate these Memo Rules or Terms.
• Sexually explicit, pornographic or profane content must be tagged as NSFW.

Epoch Rules

• All Memos must meet the Memo Rules.
• Users pay a SOL tip (“Tip”) to post using the Alpha Memo program.
• Users can boost their Memo to the top of the page by submitting the largest Tip.
• The Memo with the highest Tip during the Epoch is displayed at the top of the Site (“Alpha Memo”) until another User with a higher Tip posts the Alpha Memo (tip must be at least .001 SOL greater).
• Users may also burn Epoch Tokens from previous Epochs in order to boost their messages on the Site.
• The Memo with the highest Burn during the Epoch is displayed prominently (“Burner Memo”) until another User posts a memo that burns more Epoch tokens.
• Tips go straight to a shared vault for that Epoch and get auto-swapped into alphaSOL using on-chain swaps.
• The User with the final Alpha Memo at the end of the Epoch is designated the “TOP ALPHA” of that Epoch.
• The User with the top Burner Memo at the end of the Epoch is designated the “TOP BURNER” of that Epoch.

Epoch Token Rewards

• At the end of each Epoch, a fixed supply of tokens that include the message of the Alpha and other metadata are minted (“Epoch Tokens”).
• Thirty percent of Epoch Tokens are programmatically paired with $alpha (a Liquid Staking Token created by Sanctum) and used to launch an AMM (liquidity pool). Note, prior to forming the AMM, 5% of the alphaSOL accumulated is directed to the Alpha Protocol vault.
• The remainder of Epoch tokens are allocated for programmatic distribution from a shared vault into two tiers for the following User categories:

** The allocation for the Burner begins with the 2nd Epoch; the 30% normally allocated to the Burner will not be issued in the first epoch.

Alpha Token Rewards

• Each Epoch, 2 million $alpha tokens are distributed pro-rata based on how the Epoch Tokens were distributed in that Epoch.
• $alpha has a fixed supply of 1,000,000,000 tokens.
• 5% of the $alphaSOL in the Epoch Vault is diverted to the Alpha Protocol Vault (“Alpha Vault”). Once the Alpha Vault contains 5000 $alphaSOL, a new AMM is launched with 20% of $alpha token supply.
• After the $alpha AMM is launched, 5% of Tips from each Epoch Vault will be used to buy and burn $alpha.

Claiming Rewards

It is your sole responsibility to check the Site or blockchain to assess your allocation. Users are responsible for any Solana transaction fees associated with the claim.

You are solely responsible for determining and fulfilling any tax obligations that may apply to your transactions involving Tokens. Nebula does not and will not provide tax advice, and is not responsible for determining, withholding, collecting, reporting, or remitting any taxes arising from your use of or your transactions with Tokens, except to the extent Nebula is legally required to do so.

6. Validator Disclosure

$alphaSOL is the paired asset in the vaults. When SOL is swapped into $alphaSOL within the protocol, that SOL is delegated to the Haus validator on Solana. This delegation helps secure the network and contributes to the long-term sustainability of the protocol. Any block rewards earned through this delegation may be used to support ongoing development, community initiatives, and future protocol improvements.

By participating, you acknowledge that validator staking is part of the protocol’s economic loop and that it helps fund and maintain the project in a transparent, community-aligned way.

7. Digital Assets Risk Disclosures

Use of the Site and participation in the Game is entirely voluntary and at your own risk. The Game is powered by smart contracts deployed on the Solana blockchain which operate autonomously and in a decentralized manner. Nebula does not control, guarantee, or assume responsibility for the execution, outcomes, or functionality of any on-chain interactions.

Digital assets (“Tokens”) available through the Game are designed solely for personal use, participation, and enjoyment within the ALPHA by Haus ecosystem. They are not intended to function as investment vehicles or financial instruments, and should not be acquired with the expectation of profit or resale value. These Tokens are not securities under U.S. federal, state or foreign securities laws. By acquiring or using Tokens, you represent and warrant that: (A) you are acquiring Tokens for personal use and participation in the protocol, not for speculative or investment purposes, and (B) you do not expect to gain any ownership, equity interest, or share of profits in Nebula, the ALPHA by Haus Protocol, or any affiliated team, DAO, or community.

By accessing our Site and participating in the Game, you confirm that you have a basic understanding of how blockchain technology and digital assets work, including the potential risks involved. You acknowledge that transactions made via smart contracts on blockchain networks (such as Solana) are executed automatically, are generally irreversible once confirmed, and may be subject to network congestion or variable fees.

By using the Site, you further acknowledge and agree that: (a) you assume full responsibility for all risks associated with your use of the Site and any transactions involving Tokens, including (i) loss of access to assets due to lost private keys or wallet credentials; (ii) smart contract bugs, exploits, or failures; (iii) network latency, congestion, or outages on the Solana blockchain; (iv) changes in laws or regulations that may affect token usage or availability; (b) Nebula is not your broker, agent, advisor, or fiduciary, and does not provide investment, legal, or tax advice; and (c) no content or communication from us should be construed as a recommendation or endorsement of any Tokens or strategy.

8. Identity Verification

ALPHA by Haus is a permissionless protocol. You are not required to create an account to use the on-chain components of the protocol. All participation occurs through self-custodied wallets and blockchain interactions.

We will maintain the Solana program update authority for a brief period after initial launch. Thereafter, we will not control access to the underlying smart contracts on the Solana blockchain, which are open and permissionless. However, we reserve the right to restrict or block access to the UI or related off-chain services at our sole discretion if we reasonably believe such access would pose legal, regulatory, or security risks.

In limited circumstances—such as when accessing specific features on the Site, participating in promotions, or where required by law—we may request additional information from you. Providing such information is optional, but failure to do so may restrict your ability to access certain non-essential features or off-chain services. If you choose to provide any personal or identifying information, you represent and warrant that it is accurate, complete, and kept up to date.

We reserve the right to restrict access to the Site (a) from jurisdictions where use of the protocol or Site would violate applicable laws or regulations; (b) from wallet addresses or IP addresses associated with countries subject to comprehensive U.S. sanctions; or (c) from wallets flagged or associated with known illicit activity, including those identified by blockchain analytics providers.

9. Our Intellectual Property Rights

The ALPHA by Haus protocol operates on a decentralized, permissionless basis. Anyone may interact with or build on the protocol using publicly available smart contracts, subject to applicable law. However, the Site, including its UI, branding, and visual presentation, is proprietary to Nebula and protected under intellectual property law.

Nebula owns all rights, title, and interest in and to the Site and related materials, including but not limited to the trademarks “Nebula,” “Haus,” “ALPHA by Haus,” the Haus logo, and any associated brand elements (collectively, the “Nebula Marks”); the visual design, layout, and user experience of the Site; and all underlying code and original content not otherwise covered by open-source licenses (collectively, the “Nebula IP”).

You may not copy, reproduce, distribute, modify, or create derivative works from the Nebula IP or use the Nebula Marks in a way that suggests endorsement, affiliation, or origin—unless expressly authorized by Nebula or otherwise permitted by law or license. Use of the Nebula Marks without Nebula’s prior written permission is strictly prohibited.

10. Your User Content

Ownership and Use of Protocol Content

Any User Content submitted on-chain is public, immutable, and not controlled by Nebula. We do not claim ownership of your on-chain submissions, and we cannot remove or alter them. By participating in the Game, you acknowledge that your content becomes part of a public, blockchain-based record. “User Content” refers to any text, images, audio, video, graphics, software, code, data, and materials that you or other Users submit, post, transmit, or otherwise make available via the Site or protocol—including Memos, comments, reactions, or other contributions.

You are solely responsible for any User Content you submit, and for ensuring it does not violate the law or infringe on others’ rights.

License to Use User Content

To the extent you submit any User Content to the Site or off-chain services, you grant Nebula a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, transferable license to use, copy, modify, publish, publicly display, and distribute that content solely for the purpose of operating, improving, or promoting the Site or the community.

11. Prohibited Conduct

Certain activities, whether legal or illegal, may be harmful to other Users and violate our rules, and some activities may also subject you to liability. You are responsible for your conduct while using the Site, and for any consequences.

Unless applicable law mandates that you be given the right to do so, you agree that you will not:

• Post content or take any other action that violates the Memo Rules and Epoch Rules;
• Use the Site to submit, upload, post, email or otherwise send any unauthorized or unsolicited advertising, promotional materials, junk mail, pyramid schemes, or any other form of solicitation;
• Access, tamper with, or use nonpublic areas of the Site, or the technical delivery systems;
• Violate or attempt to violate, bypass, remove, deactivate, or otherwise circumvent the security of the Site;
• Attempt to access or download User Content from the Site through the use of automation software, bots, spiders, crawlers, data mining tools, or hacks;
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site;
• Extract, scrape, or index the Site;
• Transmit any viruses, worms, defects, Trojan horses or other code of a contaminating or destructive nature;
• Interfere with the proper working of the Site or the use and enjoyment of the Site by other users;
• Harvest, collect, store or use information, including personal information, about other Users;
• Violate any applicable law or regulation, including money laundering, terrorist financing or trade sanctions violations; and
• Encourage or assist anyone else in engaging in any of the above activities.

12. Warranties and Disclaimers

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, USER CONTENT AND TOKENS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATIONS OR GUARANTEES THAT: (A) THE SITE OR CONTENT ON THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS; (C) THE GAME IS APPROPRIATE OR AVAILABLE FOR USE IN YOUR JURISDICTION; (D) ANY INFORMATION OBTAINED THROUGH THE SITE WILL BE ACCURATE, TIMELY, UP-TO-DATE, RELIABLE, VALID OR MEET YOUR EXPECTATIONS; OR (E) INTERACTIONS WITH OTHER USERS OR PERSONS YOU CONNECT WITH THROUGH THE SITE WILL BE SAFE, APPROPRIATE, OR FREE OF MISCONDUCT.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH CASES, THE ABOVE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

13. Indemnification

You agree, to the extent permitted by law, to indemnify, defend and hold harmless Nebula and its directors, officers, stockholders, employees, members, representatives, consultants, affiliates and agents from and against any and all claims, demands, liabilities, damages, losses, and costs (including attorney’s fees and expenses) (“Claim(s)”) arising from or related to: (a) your breach of or failure to comply with these Terms, (b) your violation of any applicable law or regulation; (c) any User Content that you submit or transmit; (d) your use of the Site or Tokens; or (e) your willful misconduct.

Nebula reserves the right, at its expense (but is under no obligation), to assume exclusive defense and control of any Claim subject to your obligation to indemnify us. You further agree to cooperate with Nebula in the defense and settlement of such Claim as requested.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEBULA OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, PARTNERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THE SITE OR VIA OTHER CHANNELS, BE LIABLE UNDER THESE TERMS FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOODWILL OR REPUTATION, AND COSTS OF COVER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

NOTWITHSTANDING THE FOREGOING, IF NEBULA IS FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO $100 USD.

15. Legal Disputes and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

About Arbitration

Arbitration is a method of claim resolution that is less formal than a traditional court proceeding. It uses a neutral arbitrator instead of a jury and/or judge, and the outcome is subject to limited review by courts. An arbitrator can award the same damages and/or other relief as a court could do.

You Are Agreeing to Binding Arbitration

UNDER THE TERMS OF THIS SECTION, YOU ARE AGREEING TO RESOLVE ALL DISPUTES (UNLESS LISTED IN AN EXCEPTION BELOW) THROUGH BINDING INDIVIDUAL ARBITRATION, AND WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.

Any dispute, claim or controversy between you and Nebula Labs Inc. arising from or relating in any way to these Terms, your use of any website or service owned or operated by Nebula, or any products or services sold or distributed by Nebula shall be resolved by binding arbitration. Notwithstanding the foregoing, you and Nebula shall each have the right to institute a legal action in a court of proper jurisdiction seeking injunctive or other equitable relief, pending a final decision by the arbitrator.

Jury Trial and Class Action Waiver

YOU AND NEBULA LABS EACH ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND TO THE LITIGATION OF DISPUTES IN STATE OR FEDERAL COURTS OF GENERAL JURISDICTION. YOU AND NEBULA LABS FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN YOUR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND EXPRESSLY WAIVE YOUR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

Limited Exceptions to Binding Arbitration

Each of you and Nebula Labs retains the right: (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Arbitration Rules

Any arbitration will be held before a single neutral arbitrator and will be governed by the American Arbitration Association (“AAA”) Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, the “AAA Rules”) currently in effect, and will be administered by the AAA.

Costs of Arbitration

Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the AAA Rules. If the value of your claim does not exceed $10,000, Nebula Labs will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

Opting Out of Arbitration

You may opt out of this agreement to arbitrate. To opt out, you must notify Nebula Labs in writing within thirty (30) days of the date that you first became subject to these Terms, including the agreement to arbitrate.

To opt out, please send an email notice to legal@nebula.haus with the subject line “Arbitration Opt-Out” or a physical notice to the following mailing address, including your name, address, at least one wallet address you’ve used to interact with the ALPHA by Haus protocol, and a clear statement that you intend to opt out of this arbitration provision:

Nebula Labs Inc.
Attn: Legal Department – Arbitration Opt-Out
1111B S Governors Ave STE 96996
Dover, DE 19904

16. Governing Law and Venue for Disputes

You and Nebula agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws.

For all actions under the AAA Rules, the proceedings may be filed in the territory where you live, or in New York County, New York. For any actions not subject to arbitration or mediation, you and Nebula mutually agree to submit to the personal jurisdiction of a state or federal court located in New York County, New York. These Terms and your use of the Site are governed by the laws of the State of New York, excluding its conflicts-of-law rules.

17. Limitation Period for Claims

By using the Site, you agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or the Agreement must be filed by you within one (1) year after the claim or cause of action arose.

18. Notices to California Residents

Pursuant to California Civil Code Section 1789.3, users of the Site from the State of California are entitled to the following specific consumer rights notice: If you have a complaint regarding the Site, or to receive information regarding use of the Site, please contact us at the contact information set forth below under Contact Us. The Complaint Assistance Unit of the Division of Consumer Site of the California Department of Consumer Affairs may be contacted online, by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

19. Notice to New Jersey Residents

If you are a resident of the State of New Jersey, to the extent that New Jersey law applies, the disclaimers, indemnification, limitations of liability provisions of the Agreement do not limit any rights you may have as a consumer under New Jersey law and are intended to be only as broad and inclusive as permitted by the laws of the State of New Jersey. Nothing in this section shall modify the binding arbitration clause and waiver for class action and jury trials set forth above.

20. DMCA: Copyright Infringement

Nebula takes claims of copyright infringement seriously and will respond to notices of alleged infringement in accordance with the DMCA. Because this protocol is decentralized, User Content is permanently recorded on public blockchains and cannot be modified or removed by Nebula or anyone else. However, we may take steps to remove or disable access to infringing material displayed through the UI.

DMCA Notification

In accordance with the DMCA, the written notice (“DMCA Notice”) that you submit must include substantially the following information:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed.
• Identification of the allegedly infringing material as it appears on the Site, including sufficient information to locate it.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Copyright Agent

Please provide all DMCA Notices to our designated Copyright Agent:

Nebula Labs Inc.
Attn: Legal Department – DMCA Notices
1111B S Governors Ave STE 96996
Dover, DE 19904
legal@nebula.haus (include in subject line “DMCA”)

Counter Notification

You may submit a counter notification to the Copyright Agent. To be effective, your counter notification must include your physical or electronic signature, identification of the copyrighted work, adequate contact information, a statement under penalty of perjury that you have a good faith belief that the material was disabled as a result of mistake or misidentification, and a statement consenting to the jurisdiction of the appropriate court.

Sworn Declaration

The DMCA requires that you swear to the facts in your copyright complaint under penalty of perjury. It is a federal crime to intentionally lie in a sworn declaration. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

21. Force Majeure

Nebula will not be liable to you for any failure or delay in our performance under the Agreement, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, governmental actions, war, invasion or hostilities, terrorist threats or acts, protests, riots or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, telecommunication breakdown, power outages, lockouts, strikes or other labor disputes, and/or delays or limitations affecting manufacturers and/or shipping carriers.

22. Termination

Nebula reserves the right, in its sole discretion, to terminate, suspend, and/or restrict your access to all or any part of the Site, including particular features of the Site or Game, at any time for any reason or no reason, without notice or liability.

Upon termination, all provisions of these Terms which are intended to survive termination, shall survive, including, but not limited to, all representations and warranties, disclaimers, limitations of liability, and indemnification obligations. You agree not to create a new wallet address and use our Site after being prohibited from accessing.

23. No Employment Relationship

Your use of the Site and any other contribution you make to the Site are completely voluntary and does not create any employment or business relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between you and Nebula.

24. Miscellaneous Terms

Legal Notices

In some cases, Nebula may be required by applicable law to provide you with certain information and/or notify you of certain events. You acknowledge and consent that such legal notices will be effective upon posting them to the Site.

Entire Agreement

The Agreement contains the entire agreement between you and Nebula with respect to the Site and supersedes all prior or contemporaneous written or oral communications and agreements with respect to the subject matter.

Severability

If any provision of the Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired.

Waiver

No provision of the Agreement shall be waived except in writing, signed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under the Agreement shall be considered a waiver or estoppel of any right, remedy, or condition.

Assignment

Nebula may assign or delegate these Terms of Use and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign, transfer, or sublicense any of your rights or obligations without the prior express written consent of Nebula.

25. Contact Us

If you have any questions about these Terms of Use or your use of the Site, please contact support@nebula.haus. In order to allow us to efficiently respond to your inquiry, please include “ALPHA by Haus Terms of Use” in the subject line and provide a detailed description of the particular question or issue.