chore: terms of service

pages/service/terms-of-service.mdx

@@ -8,11 +8,11 @@ Last updated: 24 October 2023
 
 **1. Introduction**
 
-These terms and conditions ("Terms") constitute a legally binding agreement between Orange Pill Ltd. ("OPL") and you ("Licensee") in relation to the Licensee's use of the Beam application programming interfaces ("Beam APIs").
+These terms and conditions ("**Terms**") constitute a legally binding agreement between Orange Pill Ltd. ("**OPL**") and you ("**Licensee**") in relation to the Licensee's use of the Beam application programming interfaces ("**Beam APIs**").
 
-IMPORTANT: Please read these Terms carefully before registering to use or using the Beam APIs, as they govern the Licensee's use of the Beam APIs that are part of the Beam software development kit ("Beam SDK"). This includes Licensee's rights and obligations and OPL's disclaimers and limitations of legal liability relating to the Licensee's use of, and access to, the Beam APIs.
+**IMPORTANT: Please read these Terms carefully before registering to use or using the Beam APIs, as they govern the Licensee's use of the Beam APIs that are part of the Beam software development kit ("Beam SDK"). This includes Licensee's rights and obligations and OPL's disclaimers and limitations of legal liability relating to the Licensee's use of, and access to, the Beam APIs.**
 
-By registering to use the Beam APIs, or otherwise accessing or using the Beam APIs, the Licensee expressly acknowledges that the Licensee has read and understood, and accepted to be bound by, these Terms and acknowledge that these Terms are subject to the Privacy Policy, which is incorporated in full by reference. This includes the Licensee's acceptance to a class action waiver and to resolve any disputes relating to these Terms and the Beam APIs pursuant to confidential and binding arbitration. Do not access or continue to use the Beam APIs if you do not agree to these Terms.
+**By registering to use the Beam APIs, or otherwise accessing or using the Beam APIs, the Licensee expressly acknowledges that the Licensee has read and understood, and accepted to be bound by, these Terms and acknowledge that these Terms are subject to the Privacy Policy, which is incorporated in full by reference. This includes the Licensee's acceptance to a class action waiver and to resolve any disputes relating to these Terms and the Beam APIs pursuant to confidential and binding arbitration. Do not access or continue to use the Beam APIs if you do not agree to these Terms.**
 
 **2. Beam APIs, API Keys and License**
 
@@ -102,25 +102,25 @@ The Licensee agrees to hold harmless and indemnify OPL, and its affiliates, offi
 
 OPL agrees to hold harmless and indemnify the Licensee against any third-party claim arising from an allegation of Licensee's authorized use of the Beam APIs or API Keys infringes any intellectual property right of a third party. Notwithstanding the foregoing, OPL's indemnification obligation will not apply to the extent claims arise from (a) modification of the Beam APIs or API Keys by any party other than OPL without OPL's express written consent, (b) the combination, operation, or use of the Beam APIs with other product(s), data or services where the Beam API would not by itself be infringing or (c) unauthorized or improper use of the Beam APIs or API Keys.
 
-**11. Nowarranty--"ASIS"and"ASAVAILABLE"**
+**11. No warranty - “AS IS” and “AS AVAILABLE”**
 
 The Beam APIs, API Keys and Beam SDK are being provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, OPL is not making, and hereby disclaims, any and all information, statements, omissions, representations and warranties, express or implied, written or oral, equitable, legal or statutory, in connection with the Beam APIs, API Keys, the Beam SDK and the other matters contemplated by these Terms, including any representations or warranties of title, non-infringement, merchantability, usage, security, uptime, reliability, suitability or fitness for any particular purpose, workmanship or technical quality of any code or software used in or relating to the Beam APIs, API Keys or the Beam SDK. The Licensee acknowledges and agrees that use of the Beam APIs, API Keys and the Beam SDK are at the Licensee's own risk.
 
 The smart contract accounts available through the Beam APIs may be subject to certain exploits and OPL is not responsible for any such exploits, except for in the event of wilful misconduct or fraud. OPL does not endorse or assume any responsibility for any product or services provided by third-parties, including Openfort, or actions or inactions by such third-parties.
 
-**12. ForkHandling**
+**12. Fork Handling**
 
 Blockchains may be subject to "forks" which may adversely affect the Licensee Games and assets accessible through smart contract accounts available through the Beam APIs. Forks occur when some or all persons running the software clients for a particular blockchain system adopt a new client or a new version of an existing client that (a) changes the protocol rules in backwards-compatible or backwards-incompatible manner that affects which transactions can be added into later blocks, how later blocks are added to the blockchain, or other matters relating to the future operation of the protocol, or (b) reorganizes or changes past blocks to alter the history of the blockchain. Some forks are "contentious" and thus may result in two or more persistent alternative versions of the protocol or blockchain, either of which may be viewed as or claimed to be the legitimate or genuine continuation of the original. OPL may not be able to anticipate, control or influence the occurrence or outcome of forks, and do not assume any risk, liability or obligation in such connection. OPL does not assume any responsibility to notify the Licensee of pending, threatened or completed forks. Each Licensee
 
 assumes full responsibility to independently remain informed about possible forks, and to manage own interests and risks in that connection.
 
-**13. Governinglawanddisputeresolution**
+**13. Governing law and dispute resolution**
 
 **13.1 Governing Law**
 
 These Terms shall be governed by and construed and interpreted in accordance with the laws of the Netherlands. Although the Beam APIs may be available in other jurisdictions, the Licensee hereby acknowledges and agrees that such availability shall not be deemed to give rise to general or specific personal jurisdiction over OPL in any forum outside of the Netherlands.
 
-**3.2 Settlement negotiations**
+**13.2 Settlement negotiations**
 
 If a Licensee has a potential legal dispute, claim or cause of action against OPL, the Licensee shall first (prior to initiating any litigation proceedings) contact OPL by sending an email to build@onbeam.com describing the nature of the potential dispute, claim or cause of action and providing all relevant documentation and evidence thereof. The parties shall use commercially reasonable efforts to negotiate a settlement of any such legal dispute, claim or cause of action within 60 days of the delivery of such email. Any such dispute, claim or cause of action that is not finally resolved by a binding, written settlement agreement within such 60 days shall be brought and resolved exclusively in accordance with article 13.3.