Terms of Use & Privacy Policy

1. INTRODUCTION, NATURE OF THE SERVICES, AND ACCEPTANCE

These Terms of Use (“Terms”) are entered into by and between you (“User,” “you,” or “your”) and Everyrealm Inc., a Delaware corporation, doing business as Architect Digital (“Architect Digital,” “Company,” “we,” “us,” or “our”).

These Terms govern your access to and use of Architect Digital’s websites, applications, community pages, project profiles, community boards, communications, verification tools, blockchain-enabled infrastructure, participation features, and any related services, tools, or functionality made available under the Architect Digital name (collectively, the “Services”).

By accessing, browsing, creating an account, submitting information or content, completing verification, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, together with any additional terms expressly applicable to a particular feature or Service. If you do not agree to these Terms, you must not access or use the Services.

If you access or use the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

1.1 Nature of Architect Digital

Architect Digital provides technology and information infrastructure intended to help individuals learn about data-center development, follow projects that may affect their communities, communicate with other users, share community information, and participate in online community spaces relating to data-center projects and related infrastructure.

Architect Digital does not advocate for or against any particular data-center project merely because the project appears on the Services or because a developer, community member, organization, municipality, or other stakeholder participates in the Services.

Architect Digital is not a government agency, planning authority, permitting authority, utility, data-center developer, law firm, investment adviser, broker, political organization, or representative of any municipality or community.

Information and participation through Architect Digital do not replace public hearings, permitting proceedings, environmental review, elections, public-comment processes, government notices, or any other official governmental or legal process.

1.2 Informational Nature of the Services

Information made available through the Services is provided for general informational and community-participation purposes only.

Architect Digital does not provide legal, financial, investment, tax, engineering, environmental, land-use, regulatory, or other professional advice. Users should independently evaluate information and obtain appropriate professional advice where necessary.

No content appearing through the Services should be interpreted as governmental approval, community consensus, developer endorsement, regulatory authorization, or a determination regarding whether any proposed project will or should be constructed.

1.3 Early-Stage and Evolving Services

Architect Digital is an evolving platform. Features, functionality, participation mechanisms, technical infrastructure, community tools, and business arrangements may be tested, modified, replaced, suspended, or discontinued over time.

Descriptions of planned or anticipated features are informational only and do not constitute binding commitments or guarantees regarding future functionality.

Architect Digital may add, modify, limit, suspend, or discontinue any Service or functionality at any time to the extent permitted by applicable law.

2. BLOCKCHAIN AND TECHNOLOGY INFRASTRUCTURE

2.1 Use of Blockchain Technology

The Services use blockchain, distributed-ledger, cryptographic, or similar technologies in certain aspects of Architect Digital’s technical infrastructure.

The use of blockchain technology does not, by itself, provide Users with any ownership interest, financial interest, security, investment, property right, governance right, or other economic entitlement in Architect Digital, Everyrealm Inc., any data-center project, any developer, or any other person or entity.

Architect Digital may modify the manner in which blockchain or other technologies are implemented within the Services at any time.

2.2 No Digital Asset or Financial Service

Unless expressly stated otherwise in separate definitive terms applicable to a future Service, the Services do not provide Users with digital assets, securities, investment products, financial instruments, custodial services, brokerage services, exchange services, or investment opportunities.

No participation in Architect Digital, including creating an account, completing verification, posting content, participating in a community, receiving Points, referring users, or engaging with project information, creates any right or expectation to receive any digital asset, financial benefit, ownership interest, payment, or other economic consideration.

3. ELIGIBILITY

3.1 General Eligibility

You must be at least eighteen (18) years old and legally capable of entering into a binding agreement to use the Services.

Unless Architect Digital expressly makes a Service available on different terms, the Services are intended for individuals residing in and accessing the Services from the United States.

Architect Digital may establish additional eligibility requirements for particular Services, communities, projects, or participation features.

3.2 Geographic and Community Eligibility

Certain features may depend on your geographic location, residential address, proximity to a data-center project, community affiliation, verification status, or other objective eligibility criteria.

Satisfying any particular eligibility criterion does not create a vested or continuing right to access any feature or participate in any community.

Architect Digital may correct or reconsider an eligibility determination where reasonably necessary because of inaccurate information, changed circumstances, fraud, duplication, technical error, or other legitimate operational, legal, safety, or integrity concerns.

3.3 Sanctions and Legal Restrictions

You may not use the Services if your use is prohibited by applicable law or if you are subject to applicable sanctions or restrictions, including restrictions administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”).

Architect Digital may restrict, suspend, or deny access where it reasonably determines that continued access may create legal, regulatory, security, or compliance risk.

4. ACCOUNTS, IDENTITY, AND ADDRESS VERIFICATION

4.1 Account Information

Certain features may require you to create an account.

You agree to provide accurate, current, and complete information and to keep your information reasonably up to date.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account.

You may not create accounts using false identities, impersonate another person, create multiple accounts to evade platform rules, or permit another person to use your account in a manner inconsistent with these Terms.

4.2 Identity and Address Verification

Access to certain Services or participation features may require identity, residency, address, or other eligibility verification.

Verification may include know-your-customer or similar identity-verification procedures and may be conducted by Architect Digital or third-party service providers.

Depending on the verification method used, you may be asked to provide information such as your legal name, date of birth, residential address, government-issued identification, proof of address, photograph, selfie or liveness information, or other information reasonably necessary to confirm identity, residency, eligibility, prevent fraud, or comply with applicable law.

Architect Digital may also conduct sanctions, duplicate-account, fraud, or other risk-based screening. Completion of verification does not guarantee continued eligibility or access to any particular feature.

4.3 Confidentiality of Identity and Verification Information

Your legal identity and verification information are separate from content or profile information you choose to make visible through the Services.

Architect Digital will not publicly display your precise residential address merely because you complete address verification or participate in a community.

Except as described in our Privacy Policy, Architect Digital does not disclose your legal name as collected for verification, email address, precise residential address, identification documents, or verification information to other Users, data-center developers, community organizations, or other external stakeholders.

Information may be processed by service providers acting on Architect Digital’s behalf, including identity-verification, hosting, security, analytics, and communications providers, and may otherwise be disclosed where required or permitted by applicable law, as described in the Privacy Policy.

4.4 Public Profile Information

You may be able to choose a display name, username, profile image, biography, location descriptor, or other profile information that is visible to other Users. Information you choose to make public through your profile or User Content is not treated as confidential merely because Architect Digital separately holds confidential verification information relating to your account.

If you choose to use your legal name as your public display name, that choice does not authorize Architect Digital to disclose other nonpublic verification information associated with your account.

5. COMMUNITY BOARDS AND USER-GENERATED CONTENT

5.1 Community Boards

The Services may include project pages, community boards, profiles, discussion spaces, event or meeting listings, and similar features through which Users may post or share content.

User content may include, without limitation, text, comments, messages, photographs, images, documents, links, meeting information, event information, project updates, or other materials (“User Content”).

Content posted to a public or community-visible area of the Services should not be treated as confidential.

5.2 Ownership and License to User Content

As between you and Architect Digital, you retain ownership of the User Content you submit.

By submitting User Content, you grant Architect Digital a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, format, adapt, display, distribute, and otherwise use such User Content as reasonably necessary to operate, provide, secure, moderate, administer, and improve the Services, including to display the User Content to other Users in accordance with the visibility settings and functionality of the applicable Service.

Architect Digital does not acquire ownership of your User Content solely because you submit it through the Services.

5.3 Your Responsibility for User Content

You are solely responsible for User Content you submit.

You represent and warrant that:

1. (a)you own or otherwise have all rights and permissions necessary to submit the User Content;
2. (b)the User Content does not violate applicable law or the rights of any person;
3. (c)you will not knowingly submit materially false or misleading factual information;
4. (d)you will not disclose another person’s sensitive, confidential, or private information without appropriate authorization; and
5. (e)your User Content complies with these Terms.

5.4 No Verification or Endorsement of User Content

User Content reflects the views and information of the person submitting it and does not necessarily reflect the views of Architect Digital.

Architect Digital does not independently verify all User Content and does not endorse a statement merely because it appears on the Services.

Community activity, participation levels, posts, comments, meetings, or other activity appearing on the Services do not establish that participating Users are representative of an affected community or that any view reflects community-wide support, opposition, or consensus.

5.5 Moderation

Architect Digital may, but is not obligated to, review, moderate, restrict, label, remove, or decline to publish User Content.

Architect Digital may take such action where it reasonably determines that content:

• violates these Terms or applicable law;
• infringes or may infringe third-party rights;
• contains threats, harassment, unlawful discrimination, or abusive conduct;
• contains personal information posted without appropriate authorization;
• is fraudulent, deceptive, manipulated, or materially misleading;
• constitutes spam or coordinated platform manipulation;
• creates security or safety concerns; or
• is otherwise inconsistent with the intended operation or integrity of the Services.

Architect Digital’s decision to permit, remove, label, or moderate content does not constitute endorsement of that content or a determination regarding its truth or legal status.

5.6 Meetings, Events, and Offline Activity

Users may be able to create, post, promote, or attend meetings, events, or other activities through or in connection with the Services. Unless Architect Digital expressly states otherwise, such meetings and events are organized by the Users or third parties who post them and not by Architect Digital. The appearance of a meeting or event on the Services does not mean that Architect Digital sponsors, endorses, organizes, or supervises it.

Architect Digital does not supervise, control, or guarantee the conduct, safety, accessibility, legality, attendance, location, or outcome of any User-organized or third-party meeting or event. Your decision to organize, attend, or interact with others in connection with any such activity is voluntary and at your own risk.

Users are responsible for obtaining any permits, permissions, insurance, or other approvals required for meetings or events they organize.

5.7 Interactions Between Users

Architect Digital is not a party to communications, arrangements, commitments, or disputes between Users unless expressly stated otherwise.

You are responsible for exercising appropriate judgment when communicating with or meeting other Users and for deciding what information to share. Architect Digital does not guarantee the identity, intentions, statements, conduct, or qualifications of any User or Stakeholder.

5.8 Copyright Complaints

Architect Digital respects intellectual-property rights. If you believe User Content available through the Services infringes a copyright you own or are authorized to enforce, you may send a written notice to [email protected] identifying the copyrighted work, the allegedly infringing material and its location, your contact information, and the basis for your claim.

Architect Digital may remove or disable access to content that it reasonably believes infringes intellectual-property rights and may restrict or terminate accounts associated with repeated or serious infringement. Nothing in this Section limits any rights or procedures available under applicable copyright law.

6. PROJECT INFORMATION

6.1 Sources of Information

Information regarding data-center projects may be obtained from public records, government materials, developers, municipalities, Users, news reports, public databases, third-party data providers, and other sources.

Architect Digital may organize, summarize, categorize, or display such information through project profiles or other features.

6.2 No Guarantee of Accuracy

Although Architect Digital may take reasonable steps to improve the quality of information displayed through the Services, Architect Digital does not independently verify every item of project information and does not guarantee that information is complete, accurate, current, or free from error.

Projects may change materially after information is collected or published.

Any label, status, category, or classification used by Architect Digital reflects the Platform’s internal informational or administrative framework unless expressly stated otherwise. It does not constitute governmental approval, legal status, permitting status, technical feasibility, community approval, or a prediction regarding whether a project will be constructed.

6.3 Project Records

Architect Digital may add, modify, merge, correct, reclassify, archive, or remove project records where reasonably necessary to address changed facts, duplicated information, evidentiary concerns, legal requirements, safety issues, or platform integrity.

7. STAKEHOLDER AND COMMUNITY COMMUNICATIONS

7.1 Communications Through Architect Digital

Architect Digital may permit data-center developers, community organizations, municipalities, other Users, or other relevant stakeholders (“Stakeholders”) to submit information or communications for distribution to Users or groups of Users through the Services.

Architect Digital may deliver or make available such communications through the Services, including through in-platform messaging, notifications, or email communications sent by Architect Digital.

7.2 No Disclosure of User Email Addresses to Stakeholders

Stakeholders do not obtain a User’s email address, legal identity, or other confidential contact information merely because Architect Digital sends or facilitates a communication to that User.

Architect Digital may permit a Stakeholder to communicate with a group or category of Users through Architect Digital without disclosing the underlying email addresses, identities, recipient lists, or other confidential contact information of the recipients to that Stakeholder.

For example, Architect Digital may deliver a communication to Users associated with a particular community, geographic area, or project while maintaining the confidentiality of the recipients’ email addresses.

Architect Digital does not sell User email addresses to Stakeholders or other third parties. Additional information concerning the collection, processing, and disclosure of personal information is provided in the Privacy Policy.

7.3 No Endorsement; Communication Controls

Permitting a Stakeholder to communicate through Architect Digital does not constitute endorsement of that Stakeholder or of the content of the communication.

Stakeholders may not use Architect Digital to identify participants in violation of the Services’ privacy controls, circumvent communication safeguards, engage in surveillance, harass Users, retaliate against Users, or obtain confidential User information.

Architect Digital may review, format, delay, limit, reject, or remove Stakeholder communications to protect Users, enforce these Terms, comply with applicable law, or preserve the integrity of the Services.

8. POINTS AND PARTICIPATION FEATURES

Architect Digital may provide non-monetary points, badges, status indicators, participation metrics, or similar features (“Points”) in connection with eligible activity on the Services.

Points are provided solely as platform participation features and are not earned compensation for services performed for Architect Digital. Unless expressly stated otherwise in separate definitive terms:

• Points are free and have no cash or monetary value;
• Points are not currency, property, securities, financial instruments, or digital assets;
• Points cannot be purchased, sold, transferred, assigned, exchanged, or traded;
• Points do not represent equity, ownership, profit-sharing, revenue rights, or other financial interests;
• Points do not create any right to payment, compensation, property, or any future product or benefit; and
• participation in the Services does not guarantee that any particular number of Points will be earned or retained.

Architect Digital may establish, modify, correct, limit, suspend, or discontinue Points, eligibility rules, calculations, or related participation features to the extent permitted by applicable law.

Architect Digital may reverse or correct Points resulting from error, duplicate activity, fraud, manipulation, automated activity, or violations of these Terms.

9. ACCEPTABLE USE AND PROHIBITED CONDUCT

You may not use the Services to:

1. (a)violate applicable law;
2. (b)impersonate another person or misrepresent your identity, residence, affiliation, or authority;
3. (c)create duplicate, fraudulent, or coordinated accounts;
4. (d)falsify residency, household status, identity information, or verification materials;
5. (e)manipulate Points, participation metrics, community activity, polls, engagement, referrals, or other platform functionality;
6. (f)use bots, scripts, crawlers, automated systems, or coordinated activity to manipulate or interfere with the Services;
7. (g)scrape, harvest, collect, or attempt to identify personal information concerning other Users;
8. (h)attempt to identify pseudonymous Users or circumvent privacy controls;
9. (i)harass, threaten, intimidate, stalk, discriminate against, or retaliate against another person;
10. (j)publish another person’s private or sensitive information without authorization;
11. (k)upload malware or malicious code or interfere with the security, integrity, or availability of the Services;
12. (l)circumvent geographic, eligibility, identity, verification, security, or access controls;
13. (m)infringe intellectual-property, privacy, publicity, or other rights;
14. (n)post unlawful, fraudulent, deceptive, defamatory, or materially misleading content; or
15. (o)use the Services in any manner inconsistent with their intended community-information and participation purposes.

Architect Digital may investigate suspected violations and take appropriate action, including restricting content or suspending or terminating accounts.

10. COMMUNICATIONS

By creating an account or using certain Services, you consent to receive transactional and administrative communications relating to your account, identity or address verification, security, community participation, project activity, platform functionality, and material legal or policy changes.

Where permitted by law and subject to any consent required by applicable law, Architect Digital may also send newsletters, project updates, community communications, or Stakeholder communications.

You may unsubscribe from non-essential marketing or informational communications using the mechanisms provided in those communications. Certain account, security, verification, and legal communications may continue while you maintain an account or use the Services.

11. PRIVACY AND DATA HANDLING

11.1 Privacy Policy

Architect Digital’s collection, use, processing, retention, and disclosure of personal information are governed by the Architect Digital Privacy Policy, which is incorporated into these Terms by reference.

In the event of a conflict between these Terms and the Privacy Policy concerning the handling of personal information, the Privacy Policy will govern with respect to the applicable privacy matter.

11.2 Contact Information

Architect Digital does not sell User email addresses.

Architect Digital does not provide User email addresses to developers, community organizations, or other Stakeholders for their independent use merely because those parties communicate with Users through Architect Digital.

Architect Digital may itself send or facilitate communications submitted by Stakeholders for distribution through Architect Digital without providing the recipients’ email addresses or other confidential contact information to the Stakeholder.

11.3 Verification Information

Identity and address verification may require Architect Digital and its service providers to process information that is not displayed publicly.

The manner in which identity information, contact information, address information, verification materials, and related data are collected, processed, retained, and disclosed is described in greater detail in the Privacy Policy.

12. THIRD-PARTY SERVICES

The Services may rely on, integrate with, or link to third-party services, including identity-verification providers, address-verification providers, mapping services, hosting providers, communications providers, analytics providers, public databases, blockchain networks, and other external technologies or information sources.

Third-party services operate independently from Architect Digital and may be subject to their own terms and privacy practices.

Architect Digital does not control and does not guarantee the availability, accuracy, security, reliability, or continued operation of any third-party service.

Architect Digital may add, replace, modify, or discontinue integrations with third-party services at any time.

13. INTELLECTUAL PROPERTY

13.1 Architect Digital Materials

Except for User Content and third-party materials, the Services and all software, interfaces, designs, branding, text, graphics, databases, compilations, systems, documentation, and other materials made available by Architect Digital are owned by Architect Digital or its licensors and are protected by applicable intellectual-property laws.

13.2 Limited License

Subject to your compliance with these Terms, Architect Digital grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Services solely for their intended purposes.

No ownership rights are transferred to you.

13.3 Restrictions

Except as expressly authorized, you may not reproduce, modify, distribute, sell, license, reverse engineer, copy, create derivative works from, or commercially exploit the Services or Architect Digital’s proprietary materials.

13.4 Feedback

If you voluntarily provide suggestions, ideas, comments, or other feedback regarding the Services, you grant Architect Digital a perpetual, worldwide, irrevocable, royalty-free right to use and incorporate that feedback without restriction or compensation.

14. SUSPENSION, TERMINATION, AND CHANGES TO THE SERVICES

You may stop using the Services at any time.

Architect Digital may restrict, suspend, or terminate access to an account or particular functionality where reasonably necessary to:

• enforce these Terms;
• protect Users or third parties;
• investigate suspected misconduct or fraud;
• address legal, regulatory, safety, privacy, reputational, or security concerns;
• prevent manipulation or abuse;
• respond to inaccurate or unverifiable information; or
• discontinue or materially modify a Service.

Architect Digital may modify, suspend, replace, or discontinue any portion of the Services at any time to the extent permitted by applicable law.

Termination or suspension does not affect provisions of these Terms that by their nature should survive, including provisions relating to intellectual property, User Content licenses to the extent necessary for archival or legal purposes, disclaimers, limitation of liability, indemnification, and dispute resolution.

15. DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL INFORMATION, CONTENT, COMMUNITY FEATURES, PROJECT INFORMATION, USER CONTENT, TECHNOLOGY, AND RELATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

ARCHITECT DIGITAL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND RELIABILITY.

ARCHITECT DIGITAL DOES NOT WARRANT THAT:

1. (a)PROJECT INFORMATION OR USER CONTENT IS COMPLETE, CURRENT, OR ACCURATE;
2. (b)ANY DATA-CENTER PROJECT WILL OR WILL NOT BE CONSTRUCTED, APPROVED, MODIFIED, OR CANCELLED;
3. (c)INFORMATION POSTED BY A USER, DEVELOPER, MUNICIPALITY, ORGANIZATION, OR OTHER STAKEHOLDER IS ACCURATE OR COMPLETE;
4. (d)COMMUNITY PARTICIPATION REFLECTS THE VIEWS OF A COMMUNITY AS A WHOLE;
5. (e)THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; OR
6. (f)ANY FEATURE, COMMUNITY, PROJECT PROFILE, POINTS SYSTEM, BLOCKCHAIN FUNCTIONALITY, OR OTHER SERVICE WILL CONTINUE TO BE AVAILABLE.

ARCHITECT DIGITAL IS NOT RESPONSIBLE FOR DECISIONS MADE BY USERS OR THIRD PARTIES IN RELIANCE ON INFORMATION AVAILABLE THROUGH THE SERVICES.

16. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARCHITECT DIGITAL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, DATA, OR ANTICIPATED BENEFITS, ARISING OUT OF OR RELATING TO THE SERVICES.

WITHOUT LIMITING THE FOREGOING, ARCHITECT DIGITAL WILL NOT BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR LOSSES OR CLAIMS ARISING FROM:

• INACCURATE, INCOMPLETE, OR OUTDATED PROJECT INFORMATION;
• USER CONTENT OR STAKEHOLDER COMMUNICATIONS;
• ACTIONS OR OMISSIONS OF OTHER USERS OR THIRD PARTIES;
• USER-ORGANIZED OR THIRD-PARTY MEETINGS OR EVENTS;
• THIRD-PARTY SERVICES OR DATA SOURCES;
• IDENTITY OR ADDRESS VERIFICATION RESULTS;
• MODERATION, REMOVAL, OR AVAILABILITY OF CONTENT;
• SUSPENSION OR TERMINATION OF ACCESS;
• MODIFICATION OR DISCONTINUATION OF A SERVICE; OR
• DECISIONS MADE IN RELIANCE ON INFORMATION AVAILABLE THROUGH THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARCHITECT DIGITAL’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT, IF ANY, YOU PAID DIRECTLY TO ARCHITECT DIGITAL FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

Some jurisdictions do not permit certain exclusions or limitations of liability, in which case the applicable limitation will apply only to the maximum extent permitted by law.

17. INDEMNIFICATION

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Architect Digital and its affiliates, officers, directors, employees, agents, contractors, and service providers from and against claims, demands, proceedings, damages, losses, liabilities, costs, and reasonable attorneys’ fees arising out of or relating to:

1. (a)your unlawful or unauthorized use of the Services;
2. (b)your violation of these Terms;
3. (c)your User Content;
4. (d)your violation of another person’s intellectual-property, privacy, publicity, or other rights;
5. (e)false, misleading, fraudulent, or unauthorized information submitted by you;
6. (f)meetings or events you organize or promote through the Services; or
7. (g)your violation of applicable law.

Architect Digital may assume the defense and control of any matter subject to indemnification, and you agree to reasonably cooperate in such defense.

18. DISPUTE RESOLUTION AND GOVERNING LAW

18.1 Governing Law

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be governed by the laws of the State of Delaware, without regard to its conflict-of-law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement below.

Nothing in these Terms deprives a consumer of protections that cannot lawfully be waived.

18.2 Informal Resolution

Before commencing arbitration, the claimant must provide an individualized written notice describing the claimant’s name, account email, the factual and legal basis of the dispute, and the relief requested.

Notices to Architect Digital must be sent to [email protected] with the subject line “Notice of Dispute.”

The parties will attempt in good faith to resolve the dispute for thirty (30) days after receipt of a complete notice. Any applicable limitations period will be tolled during that thirty-day period to the extent permitted by law.

18.3 Binding Individual Arbitration

Except as expressly provided below, you and Architect Digital agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Services, your account, verification, User Content, community participation, communications, or your relationship with Architect Digital will be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by these Terms.

The Federal Arbitration Act governs this arbitration agreement. The arbitrator may award any individual remedy available in court and will provide a reasoned written decision. Judgment on an arbitration award may be entered in any court of competent jurisdiction.

18.4 Location and Fees

Unless otherwise agreed, arbitration may proceed by video conference, telephone, written submissions, or an in-person hearing reasonably convenient to the User in the United States.

Fees and costs will be allocated in accordance with the applicable AAA Consumer Arbitration Rules and applicable law.

18.5 Small Claims and Injunctive Relief

Either party may bring an individual claim in a court of competent small-claims jurisdiction where the claim qualifies.

Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction where reasonably necessary to protect intellectual property, confidential information, privacy, security, or the integrity of the Services while arbitration is pending.

Claims for public injunctive relief may proceed in court to the extent applicable law prohibits requiring arbitration of such claims.

18.6 Class and Representative Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ARCHITECT DIGITAL AGREE THAT CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING.

The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.

Where twenty-five (25) or more substantially similar individual arbitration demands are filed in a coordinated manner and the AAA determines that its Mass Arbitration Supplementary Rules apply, those rules will govern administration of the demands to the extent consistent with these Terms and applicable law. Nothing in this paragraph authorizes class arbitration.

18.7 Jury-Trial Waiver

TO THE EXTENT A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

18.8 Thirty-Day Arbitration Opt-Out

You may opt out of this arbitration agreement by emailing [email protected] within thirty (30) days after you first accept these Terms.

The email must use the subject line “Arbitration Opt-Out” and include your full name, the email associated with your account, and an unambiguous statement that you wish to opt out of arbitration.

Opting out of arbitration will not affect the remaining provisions of these Terms or your ability to use the Services.

18.9 Severability

If any portion of this arbitration agreement is found unenforceable as to a particular claim or requested remedy, that portion will be severed and the remaining provisions will continue to apply to the fullest extent permitted by law. If the class-action waiver is found unenforceable for a particular claim, the arbitration agreement will not apply to that claim to the extent required by applicable law.

19. MISCELLANEOUS

19.1 Entire Agreement

These Terms, the Privacy Policy, and any additional terms expressly incorporated by reference constitute the entire agreement between you and Architect Digital regarding the Services and supersede prior or contemporaneous understandings concerning their subject matter.

19.2 Assignment

Architect Digital may assign or transfer its rights and obligations under these Terms in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, or transfer of the Services.

You may not assign or transfer your rights or obligations under these Terms without Architect Digital’s prior written consent.

19.3 No Waiver

Failure to enforce any provision of these Terms does not constitute a waiver.

19.4 Severability

If any provision of these Terms is determined to be invalid or unenforceable, it will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect.

19.5 Force Majeure

Architect Digital will not be liable for delay, interruption, or failure resulting from circumstances beyond its reasonable control, including natural disasters, governmental action, labor disputes, telecommunications failures, cybersecurity incidents, or failures of third-party infrastructure.

19.6 No Agency or Partnership

Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, employment, advisory, or representative relationship between you and Architect Digital.

You have no authority to bind or act on behalf of Architect Digital.

19.7 No Third-Party Beneficiaries

Except for persons expressly entitled to indemnification or liability protections under these Terms, these Terms do not create enforceable rights in favor of third parties.

19.8 Changes to These Terms

Architect Digital may modify these Terms from time to time.

If a change is material, Architect Digital will provide notice as required by applicable law, including, as appropriate, by posting revised Terms, updating the “Last Updated” date, providing notice through the Services, or contacting registered Users.

Continued use of the Services after revised Terms become effective constitutes acceptance where permitted by applicable law. Changes will not retroactively eliminate rights that applicable law does not permit Architect Digital to eliminate.

19.9 Notices

Architect Digital may provide notices through the Services, by email, or through other reasonable electronic means.

You are responsible for maintaining accurate contact information associated with your account.

20. CONTACT

Questions regarding these Terms may be sent to:

Architect Digital
Everyrealm Inc.
Email: [email protected]

1. SCOPE

This Privacy Policy applies to Architect Digital websites, accounts, project pages, community boards, profiles, community communications, identity and address verification, participation features, blockchain-enabled infrastructure, and other Services made available under the Architect Digital name.

It does not govern third-party websites, applications, or services that maintain their own privacy notices, even if they are linked to or integrated with the Services.

The Services are intended and offered only to individuals who are residents of and physically located in one of the fifty (50) United States or Washington, D.C.

2. INFORMATION WE COLLECT

We may collect personal information directly from you, automatically when you use the Services, from service providers and other third parties, and from public or other lawful sources. The categories of information we may process include the following.

2.1 Account and Contact Information

We may collect information you provide when creating or maintaining an account or communicating with us, including your name, email address, telephone number, account credentials, communication preferences, and other contact or account information.

2.2 Identity, Address, and Verification Information

Certain Services or participation features may require identity, residency, address, or other eligibility verification.

Depending on the verification process used, Architect Digital or its verification providers may collect or process information such as your legal name, date of birth, residential address, government-issued identification information, document images, proof of address, photograph, selfie or liveness information, verification results, fraud indicators, sanctions-screening results, duplicate-account signals, and other information reasonably necessary to verify identity, residency, eligibility, prevent fraud, protect the Services, or comply with applicable law.

Architect Digital may receive verification results and information reasonably necessary to administer the Services without necessarily receiving or retaining every document or data element processed by a verification provider.

If a verification process involves the collection or processing of biometric identifiers or biometric information as defined by applicable law, we or the applicable service provider will provide any additional notice and obtain any consent required by applicable law before such collection or processing.

2.3 Profile and Community Information

We may collect profile information you choose to provide, such as a display name, username, profile image, biography, general location or community affiliation, interests, project affiliations, and other profile details.

Your legal identity information used for verification is separate from the profile information you choose to make visible through the Services.

2.4 User Content

We collect content you submit, upload, publish, or otherwise provide through the Services, including messages, comments, photographs, images, documents, links, meeting or event information, project suggestions, community posts, reports, feedback, survey responses, and other User Content, as defined in the Terms.

User Content posted to public or community-visible areas may be visible to other Users and should not be treated as confidential. If you include personal information in User Content, that information may become visible to the audience selected or otherwise applicable to that feature.

2.5 Participation and Referral Information

We may collect information relating to your participation in the Services, including communities joined or followed, project interactions, referrals, participation activity, Points, badges, status indicators, and related records used to operate participation features, detect abuse, and maintain platform integrity.

2.6 Technical and Usage Information

When you access or use the Services, we may automatically collect technical and usage information such as IP address, browser type, device type, operating system, device or cookie identifiers, pages or features viewed, referring pages, dates and times of access, interaction data, security logs, crash or diagnostic information, and approximate location derived from IP address.

Unless separately disclosed and enabled by you, Architect Digital does not use the Services to continuously track your precise physical location.

2.7 Communications Information

We may collect information about communications sent to or through the Services, including whether an email or notification was delivered, opened, or interacted with, as well as messages or requests you send to Architect Digital.

Where Architect Digital distributes a communication submitted by a Stakeholder for delivery to Users, we may process recipient criteria, delivery information, and engagement information necessary to provide and administer that communication.

2.8 Project and Public-Source Information

We may obtain information concerning data-center projects, properties, municipalities, organizations, and other relevant matters from public records, government bodies, developers, news sources, public databases, data providers, community submissions, and other lawful sources.

This information may include information that relates to identifiable individuals where it appears in public records or is otherwise lawfully obtained.

2.9 Information from Service Providers and Other Sources

We may receive information from identity and address verification providers, fraud-prevention and security providers, sanctions and screening providers, communications and email providers, analytics providers, hosting and infrastructure providers, public databases, and other service providers supporting the Services.

We may combine information received from these sources with information collected directly from you.

2.10 Blockchain and Distributed-Ledger Information

The Services use blockchain, distributed-ledger, cryptographic, or similar technologies in certain aspects of Architect Digital’s technical infrastructure.

Architect Digital does not intentionally publish your legal name, email address, precise residential address, government identification documents, or identity-verification materials to a public blockchain.

To the extent a feature uses a public blockchain or other publicly accessible distributed ledger, technical identifiers or records written to that network may be public, persistent, and outside Architect Digital’s ability to alter or delete. We will describe material public-facing blockchain functionality through the Services where appropriate.

3. HOW WE USE PERSONAL INFORMATION

We may use personal information for the following business and operational purposes:

• to create, operate, maintain, and secure accounts and the Services;
• to verify identity, residency, address, community eligibility, and other participation criteria;
• to use verified address or residential location information to provide locally relevant project and community information, determine project proximity, and administer location-based features without publicly displaying your precise residential address;
• to prevent duplicate accounts, fraud, misuse, manipulation, bots, and other abusive activity;
• to conduct sanctions, fraud, security, or other risk-based screening where appropriate;
• to provide project pages, community boards, profiles, communications, participation features, Points, and other functionality;
• to publish and display User Content in accordance with the applicable feature and visibility settings;
• to administer meetings, events, community features, referrals, and other User-requested functionality;
• to deliver account, verification, security, project, community, legal, and other communications;
• to distribute communications submitted by Stakeholders to relevant Users without providing the Stakeholder with the recipients’ confidential contact information;
• to moderate content, enforce platform rules, investigate suspected violations, and protect Users, third parties, and the integrity of the Services;
• to respond to inquiries, support requests, privacy requests, complaints, and legal notices;
• to maintain, debug, analyze, improve, and develop the Services and our technical infrastructure;
• to create aggregated, statistical, or deidentified information for analytics, planning, reporting, and service improvement;
• to enforce our agreements and establish, exercise, or defend legal claims;
• to comply with applicable law, legal process, and lawful governmental requests; and
• for other purposes disclosed to you at the time of collection or with your consent where required by law.

Architect Digital does not use a person’s support for or opposition to a data-center project as a criterion for access to the Services, identity or address verification, community eligibility, Points, referrals, or other participation features.

4. HOW WE DISCLOSE PERSONAL INFORMATION

We may disclose personal information as described below. We do not disclose personal information merely because another party is interested in contacting or identifying members of a community.

4.1 Service Providers

We may disclose personal information to service providers and contractors that perform services for Architect Digital, including identity and address verification, fraud and sanctions screening, cloud hosting, cybersecurity, database management, analytics, communications and email delivery, customer support, content moderation, mapping, blockchain or technical infrastructure, and professional services.

These providers may process information only for authorized purposes subject to contractual or legal restrictions applicable to their services.

4.2 Stakeholder and Community Communications

Architect Digital may permit data-center developers, community organizations, municipalities, or other relevant Stakeholders to submit communications for distribution to Users or groups of Users through Architect Digital.

Architect Digital does not provide Stakeholders with a User’s legal name as collected for verification, email address, precise residential address, government identification documents, or other confidential verification information merely because the Stakeholder submits a communication for distribution.

Architect Digital may select or identify recipients using internal criteria such as project association, verified community, or geographic area and then deliver the communication itself. The Stakeholder does not receive the underlying recipient list or confidential contact information merely as a result of that distribution.

A Stakeholder may identify the intended audience or geographic area for a communication, but Architect Digital controls the recipient selection and distribution process and does not disclose the identities of individual recipients merely because they receive the communication.

If you separately request or consent to being connected directly with a Stakeholder or another User, we may disclose the information reasonably necessary to make that connection in accordance with your request or consent.

4.3 Aggregate and Deidentified Information

We may disclose aggregated, statistical, or deidentified information that is reasonably designed not to identify an individual, including information about community participation, project engagement, or platform usage.

For example, a Stakeholder may receive aggregate information regarding the number of verified participants associated with a community without receiving the identities or contact information of those participants.

4.4 Public Information and User-Directed Disclosures

Information you choose to post publicly or make visible to a community, including public profile information and User Content, may be viewed, copied, or further shared by other Users or third parties. Architect Digital cannot control how third parties use information that you intentionally make public.

We may also disclose information at your direction or with your consent.

4.5 Legal, Safety, and Security Disclosures

We may disclose personal information where we reasonably believe disclosure is necessary or appropriate to comply with applicable law, regulation, legal process, subpoena, court order, or lawful governmental request; protect the rights, property, safety, or security of Architect Digital, Users, or others; detect, investigate, prevent, or respond to fraud, abuse, security incidents, or unlawful activity; or enforce our agreements and policies.

4.6 Professional Advisers and Corporate Transactions

We may disclose personal information to lawyers, accountants, auditors, insurers, financing sources, and other professional advisers where reasonably necessary for legitimate business or legal purposes.

Personal information may also be disclosed or transferred in connection with an actual or proposed financing, merger, acquisition, reorganization, bankruptcy, sale of assets, or other corporate transaction, subject to applicable law and appropriate protections.

5. NO SALE OF PERSONAL INFORMATION; NO TARGETED-ADVERTISING SHARING

Architect Digital does not sell personal information, including for monetary or other valuable consideration, as those concepts are defined under applicable U.S. state privacy laws.

Architect Digital does not share personal information for cross-context behavioral advertising or process personal information for targeted advertising as those concepts are defined under applicable law. Architect Digital does not use sensitive personal information for the purpose of inferring characteristics about you.

If these practices materially change, we will update this Privacy Policy and provide any notices, choices, consent mechanisms, or opt-out methods required by applicable law.

6. CONFIDENTIAL IDENTITY AND ADDRESS INFORMATION

Your legal identity, email address, precise residential address, identity documents, and verification information are not displayed to developers, other Users, or the public merely because you create an account, complete verification, or participate in a community.

Architect Digital uses precise residential address and identity-verification information for purposes such as verifying identity and residence, determining eligibility or proximity, providing locally relevant information and features, preventing fraud and duplicate accounts, protecting the Services, and complying with applicable law. We do not use this information to infer sensitive characteristics about you or for targeted advertising.

Your information is not anonymous to Architect Digital and the service providers that process it for the purposes described in this Privacy Policy.

You may separately choose to make certain profile information or User Content public. If you choose to use your legal name or disclose other personal information in a public profile or post, that choice does not authorize Architect Digital to disclose other nonpublic verification information associated with your account.

7. COOKIES AND SIMILAR TECHNOLOGIES

Architect Digital may use cookies, pixels, local storage, software development kits, and similar technologies to enable core functionality, maintain sessions, remember preferences, secure the Services, prevent fraud, understand usage and performance, and measure communications.

We may use third-party analytics, hosting, security, and communications providers that use these technologies in connection with services they provide to us.

We do not currently use cookies or similar technologies to sell personal information or for cross-context behavioral advertising.

Where required by applicable law, we will provide appropriate cookie notices, preference controls, or consent mechanisms. Blocking certain cookies may affect the functionality of the Services.

8. DATA RETENTION

We retain personal information for as long as reasonably necessary to fulfill the purposes described in this Privacy Policy or the Terms, taking into account the nature and sensitivity of the information, the purposes for which it is processed, applicable legal requirements, security and fraud-prevention needs, dispute resolution, enforcement of agreements, and protection of our legal rights.

Retention periods may vary by category of information and context. Account information may be retained while an account remains active and for a reasonable period afterward, while fraud-prevention, verification-result, security, and legal records may be retained longer where reasonably necessary to prevent duplicate or abusive activity, comply with law, resolve disputes, or establish, exercise, or defend legal claims.

Identity documents, photographs, liveness information, and any biometric identifiers or biometric information, if used, will be retained by Architect Digital or its verification providers only for the period reasonably necessary for the applicable verification, fraud-prevention, security, and legal purposes and in accordance with applicable law and provider retention requirements.

Where applicable law requires a specific biometric retention schedule or destruction practice, Architect Digital or the applicable service provider will follow those requirements.

User Content may remain available until deleted by the User or removed by Architect Digital, subject to archival copies, backups, legal retention, content shared or copied by others, and other limitations described in this Privacy Policy or the Terms.

Aggregated or deidentified information may be retained for longer periods where it no longer reasonably identifies an individual.

Information recorded on a public blockchain or other immutable distributed ledger may remain publicly available and may not be capable of deletion by Architect Digital.

9. DATA SECURITY

Architect Digital uses administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, acquisition, loss, misuse, alteration, or disclosure, taking into account the nature and sensitivity of the information and the Services.

No security system, network, transmission method, or storage environment can be guaranteed to be completely secure. Accordingly, Architect Digital cannot guarantee that personal information will never be accessed, acquired, lost, altered, or disclosed without authorization.

If a security incident occurs, Architect Digital will investigate and provide notifications where required by applicable law.

10. YOUR PRIVACY CHOICES

10.1 Account and Profile Information

You may be able to update certain account or profile information through the Services. You may also contact us to request account closure, subject to information we are permitted or required to retain for legal, security, fraud-prevention, recordkeeping, or other legitimate purposes.

10.2 Communications

You may unsubscribe from nonessential marketing or informational emails using the unsubscribe mechanism provided in the communication.

Certain transactional, account, verification, security, and legal communications may continue while you maintain an account or use the Services.

10.3 Public User Content

Where the Services provide deletion or editing controls, you may use those controls to modify or remove your User Content. Removal from Architect Digital does not necessarily remove copies previously shared, downloaded, captured, or independently retained by other Users or third parties.

11. U.S. STATE PRIVACY RIGHTS

Depending on your state of residence and subject to applicable thresholds, exceptions, and verification requirements, you may have rights regarding personal information processed by Architect Digital. These rights may include:

• the right to confirm whether we process your personal information and to access or know certain information about our processing;
• the right to correct inaccurate personal information;
• the right to request deletion of certain personal information;
• the right to obtain a portable copy of certain personal information;
• the right to limit or otherwise control certain processing of sensitive personal information, where applicable;
• the right to appeal certain decisions concerning a privacy request, where applicable; and
• the right not to receive unlawful discriminatory or retaliatory treatment for exercising an applicable privacy right.

To submit a privacy request, email [email protected] and identify the nature of your request. We may take reasonable steps to verify your identity and authority before responding.

An authorized agent may submit a request on your behalf where permitted by applicable law. We may require reasonable proof of the agent’s authority and may also require you to verify your identity directly where permitted by law.

If we deny a request and applicable law provides a right to appeal, you may appeal by emailing [email protected] with the subject line “Privacy Appeal” and explaining the basis for your appeal.

We will respond to verified requests and appeals within the time periods required by applicable law.

12. GLOBAL PRIVACY CONTROL AND OTHER OPT-OUT PREFERENCE SIGNALS

Some browsers or devices may transmit Global Privacy Control (“GPC”) or other legally recognized universal opt-out preference signals.

Architect Digital does not currently sell personal information, share personal information for cross-context behavioral advertising, or process personal information for targeted advertising. Accordingly, a GPC or similar signal does not presently cause Architect Digital to change those practices because there is no applicable sale, sharing, or targeted-advertising activity from which to opt out.

If our practices change in a manner that requires recognition of an opt-out preference signal under applicable law, we will honor legally required signals and update this Privacy Policy and our technical practices accordingly.

13. THIRD-PARTY SERVICES

Architect Digital relies on third-party providers in connection with the Services, including providers of identity and address verification, fraud and sanctions screening, cloud hosting, cybersecurity, data storage, analytics, communications, email delivery, mapping, content moderation, blockchain or technical infrastructure, and professional services.

These providers operate independently and may maintain their own systems, methodologies, and security practices. Architect Digital does not control the independent practices of third-party services that you choose to access directly.

Where a provider processes personal information on Architect Digital’s behalf, Architect Digital seeks to impose contractual restrictions appropriate to the nature of the services and applicable law.

Architect Digital may add, remove, or replace service providers as the Services evolve.

14. DEIDENTIFIED AND AGGREGATED INFORMATION

Architect Digital may create aggregated, statistical, or deidentified information from personal information and other data processed through the Services.

We may use and disclose such information for analytics, research, product development, community reporting, service improvement, security, planning, and other lawful purposes, provided the information is maintained in a form that is not reasonably linkable to an identified individual where required by applicable law.

Where required by applicable law, Architect Digital will take reasonable measures to prevent deidentified information from being associated with a specific individual and will not attempt to reidentify such information except as permitted by law.

15. CHANGES TO THIS PRIVACY POLICY

Architect Digital may update this Privacy Policy from time to time as the Services, our practices, technology, or applicable law changes.

When we update the Privacy Policy, we will post the revised version and update the “Last Updated” date. If a change materially affects how we use or disclose previously collected personal information, we will provide additional notice or obtain consent where required by applicable law.

Your continued use of the Services after an updated Privacy Policy becomes effective constitutes acknowledgment of the updated practices to the extent permitted by applicable law.

16. RELATIONSHIP TO THE TERMS; DISPUTE RESOLUTION

This Privacy Policy forms part of the contractual framework governing your use of the Services and should be read together with the Architect Digital Terms of Use.

In the event of a conflict between this Privacy Policy and the Terms concerning the collection, use, disclosure, retention, or protection of personal information, this Privacy Policy will govern solely with respect to the applicable privacy matter.

Any dispute, claim, or controversy arising out of or relating to this Privacy Policy or Architect Digital’s processing of personal information is subject to the governing law, informal resolution, arbitration, class-action waiver, opt-out, and other dispute-resolution provisions set forth in the Terms, to the fullest extent permitted by applicable law.

17. CONTACT

For privacy-related questions, requests, complaints, or appeals, contact:

Architect Digital
Everyrealm Inc.
Email: [email protected]