Terms & Conditions
1. PREAMBLE
1.1 NOCENA is a Web3 SocialFi application (hereinafter as the “Platform“) launched and operated by NOCENA LLC (hereinafter as the “Company“ or “we“). Users of the Platform are able to earn tokens by completing challenges issued by other users or the Platform itself.
1.2 The use of the Platform and the related services, available within or in connection with the Platform (hereinafter as the “Services”), is subject to the following terms and conditions (hereinafter as the “T&Cs“). By accessing and using the Platform and related Services, you are agreeing to the T&Cs, as amended and in effect at the time of use. You agree to regularly check the T&Cs to take notice of any changes that may have been made.
2. THE PLATFORM
2.1 Access to the Platform is provided on a temporary basis, and we reserve the right to modify or withdraw the Services at any time without prior notice. We shall not be held liable for any unavailability of the Platform, regardless of the duration or reason. Additionally, we may, at our discretion, restrict access to certain parts or the entirety of the Platform.
2.2 The Company reserves the right, at its sole discretion and without prior notice, to modify, suspend, remove, or alter the Services or any part of the Platform at any time Platform.
2.3 The Platform shall be provided “as is”, we make no warranties that:
2.3.1 The Platform will operate continuously and will be free from
technical errors;
2.3.2 The Platform will meet all your expectations or requirements.
2.4 The user will be able to earn Nocenix tokens emitted by the Company (hereinafter as the “Tokens”) within the Platform by completing tasks periodically assigned by the Platform (hereinafter as the “Challenges”) or other users (hereinafter as the “Private Challenges”).
2.5 The Challenges shall be categorized as daily, monthly, or annual, with the amount of Tokens awarded being proportionate to the complexity and difficulty of the respective task. Under no circumstances shall users be obligated to complete any task, nor shall they incur any penalties or adverse consequences for failing to do so. All Challenges are entirely voluntary, and their completion is solely at the discretion of the users.
2.6 A user completes a Challenge or Private Challenge by uploading a photo or video to the Platform demonstrating the successful completion of the task. Upon completion, the user may be eligible to receive Tokens.
Partner of any Challenge means any User or other third party related to such Challenge by any means, for example by way of of any product or service of such third party or its affiliates being used, shown or otherwise referred to in such Challenge
2.7 Whether a Challenge or Private Challenge is deemed successfully completed is determined by a voting process involving other users. A Challenge or Private Challenge will be considered completed if it receives the required number of votes, as determined by the Platform’s internal algorithm. The configuration of this algorithm is confidential, and the Company reserves the right to modify it at any time. The determination of whether a Challenge or Private Challenge has been successfully completed may also be subject to evaluation by an artificial intelligence system (hereinafter as the "AI"). The user expressly consents to the use of AI for this purpose.
2.8 The user acknowledges that the completion of a Challenge does not create any legal entitlement to receive Tokens, and the Company is under no obligation to award Tokens
3. TOKENS
3.1 Upon the creation of a user account, each user will be assigned a digital wallet intended for the accumulation of Tokens.
3.2 The user will receive all necessary access credentials and shall be responsible for carefully safeguarding, protecting, and ensuring that no third party gains access to them. The Company shall not be liable for any damage or loss arising from the breach of this obligation or misuse of user’s digital wallet.
3.3 The Company solely facilitates the creation of the digital wallet, but the legal relationship is established exclusively between the user and the digital wallet provider. The Company is not a party to this relationship.
3.4 We may from change the rate at which users accumulate tokens using the Platform, particularly in response to changes in their value due to market conditions, other relevant factors, or at our sole discretion.
3.5 We make no representations or warranties regarding the Tokens accumulated through the Platform or Services, including any guarantee of specific value or monetary worth. You bear full responsibility for any loss or decrease in the value of the Tokens.
3.6 If the receipt of Tokens triggers any tax or fee obligations under the laws applicable in your jurisdiction, it is your sole responsibility to fulfill such obligations in compliance with the law. The Company shall not be held liable in any manner for your failure to meet these tax obligations.
4. USER
4.1 You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to access and use the Platform and the Services.
4.2 The Platform and Services are provided solely for personal, non-commercial use. When engaging with the Platform or Services, users are expected to exercise caution and sound judgment to safeguard their personal safety and well-being. You acknowledge and agree that the Company shall not be held responsible or liable for any loss, damage, injury, death, or other harm of any nature arising from your use of the Platform or Services, including but not limited to any harm resulting from participation in or completion of Challenges or Private Challenges.
4.3 By using the Platform or the Services you represent and warrant that:
4.3.1 You are not a current resident of Costa Rica,
4.3.2 Your access to and use of the Platform and Services is lawful in the jurisdiction where you access and use the Platform and Services in the manner in which you access and use them, and
4.3.3 You have full legal, moral, and mental capacity to use the Platform in a manner that is both safe and lawful.
5. PRIVACY
5.1 Our privacy policy, detailing the manner in which we collect, store, use, and disclose your personal information, is available at [TBA] (hereinafter referred to as the “Privacy Policy”). By accessing and using the Platform, you acknowledge and consent to the processing of your personal information in accordance with the Privacy Policy and warrant that all information you provide is accurate and up to date.
6. INTELECTUAL PROPERTY
6.1 The intellectual property rights in all software, content, and materials (including images) made available through the Platform or Services are owned by the Company or its licensors and are protected by applicable copyright laws and international treaties. All such rights are fully reserved by the Company and its licensors.
6.2 You are permitted to store, print, and display the content provided solely for personal, non-commercial use. You may not publish, modify, distribute, or reproduce any content or copies thereof in any format, whether obtained through the Platform or Services, nor may you use such content for any business or commercial purposes.
6.3 We do not claim ownership of the content uploaded by you to the Platform, but you grant the Company a non-exclusive, irrevocable, worldwide license, including the right to sublicense to third parties, to use, reproduce, distribute, and otherwise exercise intellectual property rights in the submitted content for any purpose, including submitting the content to AI.
6.4 The license granted to the Company under Article 6.3 of these T&Cs is provided on a royalty-free basis, and you acknowledge that you are not entitled to any compensation for any commercial use of the content you upload to the Platform.
6.5 We assume, and you hereby warrant, that you possess all necessary rights to any content you upload to the Platform, allowing you to use and manage such content in this specific manner.
6.6 You acknowledge that any content you upload to the Platform becomes public and may be accessed by anyone through the Platform
7. PURCHASE
7.1 The Company may offer products and Services, including Tokens, for purchase through the Apple App Store, Google Play, or other authorized external platforms (hereinafter as the “External Service”), with any purchases made being an external service purchase.
7.2 When making a purchase through the Service, you may have the option to pay via an External Service, such as your Apple ID or Google Play account (hereinafter as the "External Account"). The charges for the purchase will be applied to your External Account in accordance with the terms provided at the time of purchase, as well as the general terms governing your External Account and those specified by the External Service. Depending on your place of residence, applicable taxes and fees may be added to the purchase, and such rates are subject to change over time
7.3 All purchases made are final and non-refundable.
8. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
8.1 To the maximum extent permitted by law, the company disclaims all express or implied representations and warranties regarding the Platform or Services, including but not limited to their accuracy, completeness, suitability, or fitness for any particular purpose.
8.2 The user expressly acknowledges that the Company may, at any time and for any reason, or without any reason, partially or fully terminate the Platform or Services.
9. PROHIBITIONS
9.1 You are prohibited from misusing the Platform or the Services. This includes, but is not limited to, the following actions:
9.1.1 Engaging in or promoting any criminal activity.
9.1.2 Transmitting or distributing any malicious or harmful software, such as viruses, trojans, worms, logic bombs, or any material that is offensive, obscene, or breaches confidentiality.
9.1.3 Gaining unauthorized access to any part of the Platform or Services, corrupting data, or causing disruption or annoyance to other users.
9.1.4 Violating the proprietary rights of any individual or entity.
9.1.5 Impersonating another person or stating false personal information.
9.1.6 Publishing unsolicited advertisements or promotional materials, commonly known as “spam.”
9.1.7 Attempting to impair the performance or functionality of any computer systems connected to or accessed through the Platform or Services.
9.1.8 Using emulators or third-party software to cheat or gain unfair advantages within the Platform or Services.
9.1.9 Making false, misleading, or deceptive statements or representations.
9.1.10 Engaging in fraudulent activities, abuse, or any misuse of the Platform or Services.
9.1.11 Submitting any content that violates applicable laws.
9.1.12 Infringing upon the intellectual property, privacy, or confidentiality rights of others, including copyrights, patents, or trademarks.
9.1.13 Violating any applicable local, national, or international laws or regulations.
9.1.14 Engaging in defamatory or libelous behavior towards any person.
9.1.15 Threatening, intimidating, or harassing others.
9.1.16 Publishing or sharing content that, in the Company’s discretion, is inappropriate, obscene, or unsuitable for the Platform.
9.1.17 Posting or distributing malicious code, scripts, or data that may harm, interfere with, or modify the Platform or Services without the Company’s prior written consent.
9.1.18 Engaging in any activity or behavior that contradicts the intended purpose or spirit of the Platform or Services, as determined by the Company in its sole discretion.
9.2 To maintain a safe, respectful, and lawful environment on our Platform, users are strictly prohibited from engaging in or promoting the following topics or activities when assigning Private Challenges to other users or completing Private Challenges assigned by other users. Prohibited Private Challenges categories include but are not limited to, the following actions:
9.2.1 Illegal Activities
Private Challenges must not involve or promote any activities deemed illegal under any applicable legislation, especially criminal activities, including but not limited to:
a. Violence or physical harm: Promoting or encouraging assaults, physical violence, or harm against individuals or groups.
b. Theft, fraud, or embezzlement: Any act of unlawfully obtaining money, goods, or services through deception or illegal means.
c. Sexual exploitation, non-consensual acts or harassment: Acts that involve or encourage unwanted or inappropriate sexual advances, requests, or behavior, rape or coercion and abuse.
d. Use of restricted equipment: Promoting or encouraging activities involving illegal or controlled equipment, devices, or radioactive substances and isotopes.
e. Bribery and corruption: Promoting or facilitating bribery or any related corrupt practices.
f. Violation of laws: Engaging in or encouraging actions that may directly or indirectly lead to a breach of any applicable legal provisions.
g. Human trafficking or exploitation: Promoting or participating in any form of human trafficking or exploitation, including forced labor or illegal services.
h. Money laundering: Engaging in or facilitating the process of concealing the origins of illegally obtained money.
i. Harmful services: Promoting or offering services that are potentially dangerous and could cause harm to the health or safety of users or third parties.
j. Violations of rights: Activities that infringe on the rights and legitimate interests of citizens, organizations, or violate any applicable legal requirements.
9.2.2 Violence and Cruelty
Private Challenges must not involve or promote any of the following:
a. Activities or content containing threats, insults, defamation, or any actions discrediting the honor, dignity, or business reputation of other users or third parties, or violating their privacy.
b. Incitement of racial, religious, ethnic hatred, or enmity, including the promotion of fascism or ideologies of racial superiority.
c. Any form of hatred against individuals or groups based on gender, race, ethnicity, nationality, religion, sexual orientation, gender identity, disabilities, or mental/physical health, or promoting violence or discrimination against such groups (including bullying).
d. Incitement to conflict, violations of the Platform’s terms, or breaches of applicable laws.
e. Content depicting violent or brutal deaths, severe bodily injuries, dismemberment, or other graphic scenes, including images of physical violence, fights, or torture.
f. Animal cruelty, such as bestiality, slaughter, dismemberment, or inhumane treatment of animals.
g. Shock content designed to provoke negative emotions, such as fear, horror, or disgust, including depictions of accidents, natural disasters, or acts of terrorism.
9.2.3 Potentially Dangerous Activities
Private Challenges must not promote or involve:
a. Misuse of dangerous tools, equipment, vehicles, or other hazardous objects.
b. Consumption of substances that are harmful or not intended for ingestion.
c. Participation in dangerous games, stunts, or challenges that could result in injury.
d. Risky physical activities (e.g., parkour, high diving, roofing, extreme sports).
9.2.4 Extremism and Unauthorized Mass Events
Private Challenges must not involve:
a. Extremist materials or propaganda.
b. Promotion of criminal activities or instructions for committing crimes.
c. Calls to participate in unauthorized mass gatherings or riots.
d. Content promoting extremist communities or activities.
9.2.5 Suicide, Self-Harm, and Eating Disorders
Private Challenges must not involve or promote:
a. Methods or means of suicide, or incitement to commit suicide.
b. Self-harm, eating disorders, or harmful weight-loss activities, including instructional content.
c. Dangerous treatments, refusal of prescribed medications, or unproven medical methods.
9.2.6 Actions Violating the Rights of Minors
Private Challenges must not target or exploit minors by promoting:
a. Any activity that infringes upon their legal rights.
b. Vulgar or obscene content, including sexual imagery or texts involving minors.
c. Activities encouraging or involving minors in illegal or dangerous actions.
d. Distribution of child abuse materials or links to such materials.
e. Depictions of minors smoking or consuming alcohol or illegal substances.
9.2.7 Weapons
Private Challenges must not involve or promote:
a. Assisting or supporting armed conflicts or military operations.
b. Distribution or sale of weapons, ammunition, or explosives.
c. Manufacturing or modifying firearms or related components.
9.2.8 Sexually Explicit or Inappropriate Content
Private Challenges must not promote or include:
a. Direct or indirect sexual acts, including intercourse, oral sex, or other explicit action.
b. Promotion or organization of prostitution or related services.
c. Distribution of erotic services or sexually explicit materials labeled 18+.
d. Pornographic content, including explicit images, videos, or links to such materials.
9.2.9 Drugs and Controlled Substances
Private Challenges must not involve or promote:
a. Use, distribution, or production of drugs or controlled substances.
b. Sale or cultivation of narcotic substances.
c. Storage, transportation, or processing of illegal drugs.
9.2.10 Alcohol and Tobacco
Private Challenges must not involve:
a. Promotion or sale of alcoholic or tobacco products.
b. Encouraging consumption of alcohol or tobacco (and other products containing nicotine).
9.2.11 Medicines, Poisons and Dangerous Substances
Private Challenges must not involve or promote:
a. Consumption, sale or distribution of medicines or medical substances without proper authorization.
b. Distribution of poisons or harmful chemicals.
c. Distribution of banned pesticides, potent chemicals, or hazardous substances.
9.2.12 Activities with High Financial Risks
Private Challenges must not promote or include:
a. Gambling, lotteries, or financial scams.
b. Money laundering, fraudulent loans, or illegal payment schemes.
c. Unauthorized trading of cryptocurrencies or financial instruments.
9.2.13 Intellectual Property and Copyright Infringement
Private Challenges must not involve:
a. Unauthorized use, reproduction, or distribution of copyrighted materials.
9.2.14 Misuse of Software and Hardware
Private Challenges must not involve or encourage:
a. Disrupting or interfering with the normal functioning of the Platform.
b. Hacking, emulation, or creation of malicious software.
9.2.15 Privacy Violations
Private Challenges must not involve:
a. Unauthorized access to user accounts or personal data.
b. Distribution of sensitive or private information without consent.
9.3 You acknowledge and agree that we are not required to provide prior notice or explanation for any actions taken in response to your misuse of the Platform or the Services, including, but not limited to, the suspension or termination of your access to the Platform and its Services.
10. DISCLAIMER OF LIABILITY
10.1 The content available on the Platform or through the Services is provided "as is," without any guarantees, conditions, or warranties regarding its accuracy.
10.2 To the fullest extent permitted by law, the Company expressly disclaims all warranties and conditions that may otherwise be implied by statute, common law, or equity of any jurisdiction. The Company shall not be liable for any damages of any kind, including but not limited to direct, indirect, special, consequential, punitive, or incidental damages, or damages resulting from the loss of use, profits, data, or other intangible assets, as well as any decrease in the value of Tokens, damage to goodwill or reputation, or the costs associated with obtaining substitute goods or services. This limitation applies to any claims arising out of or related to the use, inability to use, performance, or failure of the Platform, Services, Challenges, Private Challenges, or any materials available on the Platform, whether such damages were foreseeable or arise from contract, tort, equity, restitution, statutory obligations, or common law.
10.3 Company shall not be liable, in particular, for any damage, injury, illness, health impairment, or death arising from or in connection with the assignment or completion of a Private Challenge that violates the rules set forth in Article 9 of these T&Cs.
10.4 We shall not be liable for any loss or damage resulting from a distributed denial-of-service attack, viruses, or other technologically harmful materials that may infect your computer equipment, software, data, or other proprietary materials as a consequence of your use of the Platform or your downloading of any content available on the Platform or linked websites.
10.5 We shall not be held liable for any loss of Tokens or assets arising from the suspension or termination of your access to the Platform and Services.
11. INDEMNITY
11.1 To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates from any and all liabilities, losses, damages, expenses, or third-party claims (including, but not limited to, legal fees on an indemnity basis) arising out of or related to:
11.1.1 Your use or misuse of the Platform or Services;
11.1.2 Any content submitted by you or on your behalf;
11.1.3 Any violation or breach of these T&Cs by you;
11.1.4 Any actual or alleged infringement of a third party’s intellectual property rights or other rights related to your use of the Platform or Services; or
11.1.5 Any unlawful, negligent, or wrongful act or omission by you or any person acting on your behalf.
11.2 Each indemnity provided under these T&Cs shall constitute a continuing obligation, remaining in effect regardless of any account settlement or other circumstances. The Company is not required to incur any expenses or make any payments before enforcing or asserting a claim under the indemnity.
12. INVALIDITY
12.1 If any provision of these T&Cs is found to be unenforceable or invalid (including any provision limiting our liability to you), the remaining provisions shall remain unaffected and continue in full force and effect. Where possible, any unenforceable or invalid clause or sub-clause shall be modified or severed to the extent necessary to render it enforceable, while preserving its original intent. Alternatively, you agree that the clause or sub-clause shall be reinterpreted in a manner that most closely reflects its intended meaning, as permitted by applicable law
13. FORCE MAJEURE
13.1 The Company shall not be deemed in breach of these T&Cs, nor held liable for any failure or delay in fulfilling its obligations under these T&Cs, to the extent that such failure or delay is caused, directly or indirectly, by circumstances beyond the Company’s reasonable control or by any act or omission on your part or that of any third party
14. ASSIGNMENT
14.1 You may not assign or transfer, in whole or in part, your rights or obligations under these T&Cs without the prior written consent of the Company. The Company reserves the right to assign or transfer its rights and interests under these T&Cs at its discretion.
15. WAIVER
15.1 A right under these T&Cs may be waived only in writing signed by the party granting the waiver, and such a waiver will be effective solely to the extent expressly specified therein.
16. EXCLUSION
16.1 Unless otherwise provided, no third party shall have any rights or claims under these T&Cs, nor shall any provision be enforceable by anyone other than the parties bound by them.
17. GOVERNING LAW AND JURISDICTION
17.1 These T&Cs shall be governed by the laws of Costa Rica, and you agree to submit to the exclusive jurisdiction of the courts located in Costa Rica.
18. AMENDMENTS
18.1 The Company reserves the right to amend these T&Cs at its discretion. Any amendments shall take effect immediately upon publication on this website without the need for prior notification on the Platform or through the Services. By continuing to use the Platform and Services after such amendments, you agree to be bound by the updated T&Cs.