5.1 Testnet Operation Policy

1. Testnet Environment Notice

You acknowledge and agree that:

• Tokens on the Testnet are not real digital assets and have no monetary value
• Testnet activity does not entitle you to any real-world tokens, rewards, compensation, allocation, airdrop, or other benefit, unless expressly provided in separate official campaign terms published by GIWATER
• The Testnet may be reset, modified, or terminated at any time without notice, resulting in loss of all Testnet data and balances
• The Testnet is provided for evaluation, testing, and feedback purposes only
• Features available on the Testnet may differ materially from features on the eventual Mainnet
• Bugs, errors, and unexpected behaviors are expected; you participate at your own risk
• Smart contracts deployed on the Testnet may contain vulnerabilities, bugs, or exploits. GIWATER is not liable for any losses arising from smart contract failures, oracle malfunctions, protocol exploits, unauthorized access, hacking, or cybersecurity incidents
• Points are for internal measurement, engagement tracking, or campaign purposes only. Points have no cash value, are non-transferable, do not constitute property, digital assets, securities, or financial instruments, and do not guarantee any future token allocation, reward, airdrop, or economic benefit
• All Testnet data, including but not limited to account information, transaction history, wallet balances, and user-generated content, may be permanently lost, corrupted, or deleted at any time without liability
• GIWATER reserves the right to suspend, restrict, or discontinue the Testnet, in whole or in part, at any time and for any reason, including but not limited to scheduled maintenance, security concerns, regulatory requirements, or business decisions, without prior notice or liability

2. No Warranty

THE TESTNET IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, COMPATIBILITY, SECURITY, OR THAT THE TESTNET WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. GIWATER EXPRESSLY DISCLAIMS ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GIWATER OR THROUGH THE TESTNET SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

3. Assumption of Risk

By accessing or using the Testnet, you expressly acknowledge, understand, and assume all risks associated with blockchain technology, decentralized protocols, digital assets, and experimental software environments.

Without limiting the generality of the foregoing, you acknowledge the following risks:

1. Smart contracts deployed on the Testnet may contain undiscovered vulnerabilities, coding errors, or design flaws that could result in unexpected behavior, loss of data, or other adverse outcomes;
2. The Testnet may be subject to cyberattacks, including but not limited to distributed denial-of-service (DDoS) attacks, Sybil attacks, front-running, sandwich attacks, re-entrancy exploits, and other forms of malicious interference;
3. Blockchain networks and protocols are inherently experimental and may experience consensus failures, chain reorganizations, forks, or other protocol-level disruptions;
4. Regulatory frameworks governing blockchain technology, digital assets, and decentralized finance are rapidly evolving and vary significantly across jurisdictions, which may affect the legality, availability, or functionality of the Testnet;
5. Network congestion, gas fee volatility, and infrastructure limitations may affect Testnet performance and availability.

GIWATER SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM OR RELATED TO THE RISKS DESCRIBED ABOVE OR ANY OTHER RISKS INHERENT IN THE USE OF BLOCKCHAIN TECHNOLOGY AND EXPERIMENTAL SOFTWARE.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIWATER, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE “GIWATER PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE TESTNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ANY GIWATER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE GIWATER PARTIES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE TESTNET SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO GIWATER FOR USE OF THE TESTNET DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100.00).

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

5. Indemnification

You agree to indemnify, defend, and hold harmless the GIWATER Parties from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your access to or use of the Testnet; (b) your violation of this Disclaimer or any applicable law, regulation, or third-party right; (c) any content, data, or information you submit, post, or transmit through the Testnet; (d) any negligent, reckless, or willful misconduct on your part; or (e) any third-party claim arising from your participation in the Testnet. This indemnification obligation shall survive the termination or expiration of your access to the Testnet.

6. Regulatory Compliance and Jurisdictional Restrictions

You are solely responsible for determining whether your access to and use of the Testnet complies with all applicable laws, regulations, rules, orders, and governmental requirements in your jurisdiction, including but not limited to securities laws, tax laws, anti-money laundering (AML) regulations, counter-terrorism financing (CTF) requirements, sanctions laws, data protection laws, and export control regulations.

GIWATER makes no representation or warranty that the Testnet is appropriate, available, or legally permissible for use in any particular jurisdiction. Access to the Testnet from jurisdictions where such access is prohibited or restricted is strictly unauthorized.

You represent and warrant that you are not (a) located in, resident of, or organized under the laws of any jurisdiction subject to comprehensive sanctions imposed by the United States, the European Union, the United Kingdom, or the United Nations; (b) listed on any applicable sanctions or restricted party list; or (c) otherwise prohibited from accessing or using the Testnet under applicable law.

7. Application of Other Agreements

Use of the Testnet remains subject to the GIWATER Terms of Service, DEX/Protocol Interface Terms, Privacy Policy, and Acceptable Use Policy, modified as appropriate to reflect the nature of the Testnet. To the extent that the nature of the Testnet conflicts with any provision of those agreements, the nature of the Testnet shall control.

8. Feedback

You hereby grant GIWATER a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, publicly display, publicly perform, publish, and otherwise exploit any feedback, suggestions, bug reports, ideas, improvements, or other communications you provide in connection with the Testnet (collectively, “Feedback”), in any medium and for any purpose, without attribution, compensation, or further obligation to you. You represent and warrant that you have all necessary rights to grant such license and that the Feedback does not infringe any third-party intellectual property rights.

9. Transition to Mainnet

Activities on the Testnet do not create any rights or expectations regarding the Mainnet. Mainnet launch timing, features, and terms may differ from the Testnet and are subject to change.

10. Governing Law and Dispute Resolution

This Disclaimer and any dispute, claim, or controversy arising out of or relating to this Disclaimer or the Testnet (collectively, “Disputes”) shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to its conflict of laws principles.

Any Dispute that cannot be resolved amicably within thirty (30) days shall be exclusively and finally resolved by arbitration administered by the Korean Commercial Arbitration Board (KCAB) in accordance with the KCAB International Arbitration Rules in effect at the time of the arbitration. The seat of arbitration shall be Seoul, Republic of Korea. The arbitration shall be conducted in the English language. The arbitral award shall be final and binding upon the parties, and judgment upon the award may be entered in any court of competent jurisdiction. Each party shall bear its own costs and expenses in connection with the arbitration, unless the arbitral tribunal determines otherwise.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING, WHETHER IN COURT, ARBITRATION, OR OTHERWISE. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS.

11. Modification and Severability

GIWATER reserves the right to modify, amend, supplement, or replace this Disclaimer at any time and in its sole discretion, with or without prior notice. Your continued access to or use of the Testnet following the posting of any changes constitutes your acceptance of such changes. It is your responsibility to review this Disclaimer periodically for updates.

If any provision of this Disclaimer is held to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, shall be severed from this Disclaimer. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect.

12. Entire Agreement

This Disclaimer, together with the GIWATER Terms of Service, DEX/Protocol Interface Terms, Privacy Policy, and Acceptable Use Policy, constitutes the entire agreement between you and GIWATER with respect to the Testnet and supersedes all prior or contemporaneous understandings, communications, representations, and agreements, whether written or oral, regarding the Testnet. In the event of any conflict between this Disclaimer and any other GIWATER agreement or policy with respect to the Testnet, this Disclaimer shall prevail to the extent of such conflict.