Terms & conditions

8. Risk Disclosure Statement

By using the Website, assessing or interacting with any Projects, you acknowledge and accept the risks set out in the Risk Disclosure Statement, which are not exhaustive nor presented in any specific order of priority. You understand that any of these risks may result in damages or the complete loss of your assets, and you are solely responsible for that. You must not use the Website or Communication Channels, rely on XMAQUINA Materials or Project Materials, interact with the Projects, or carry out any transactions, if you cannot accept these risks.

9. Limitation of Liability

a. Damages

We are liable only for reasonably foreseeable damages that directly result from breach of its obligations under these Terms or applicable law. To the fullest extent permitted by law, we are not liable for any consequential, incidental, indirect, or punitive damages, including loss of profits, business opportunities, data, goodwill, diminution of value, or business interruptions, regardless of their legal basis.

b. No Personal Liability

To the fullest extent permitted by law and except for fraud, wilful misconduct, and indemnity obligations set forth in these Terms, in no event shall our or Affiliates’ officers, directors, employees, consultants, members, and shareholders be held personally liable in connection with these Terms, provided that the foregoing shall not limit our liability as an entity.

c. Liability Cap

To the fullest extent permitted by law, our total liability arising from these Terms, whether in contract, tort, breach of duty, or otherwise, including attorney’s fees, will not exceed one hundred (100) U.S. dollars.

d. Force Majeure

XMAQUINA Parties shall not be liable for any damages, losses, failure or delay in performance caused by Force Majeure Circumstances.

e. Exclusions

Nothing in these Terms limits liability for gross negligence, fraud, death or personal injury resulting from negligence, or any other liability that cannot be legally limited.

10. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the XMAQUINA Parties from any claims, demands, actions, damages, losses, costs, and expenses (including reasonable legal fees) arising from: (i) your violation of these Terms or applicable law, including providing false representations or warranties; (ii) your use of the Website and related infrastructure; (iii) your acquisition, or use of the Tokens; and (iv) your tax obligations related to the transactions contemplated hereunder. We reserve the right to control the defence of any indemnified claim, at your cost. This indemnity is in addition to any other legal remedies available to us.

11. Communication

a. Communication Channels

You agree to receive all Communications related to these Terms and the Website electronically. We may provide Communications through any Communication Channel, but only those explicitly marked as relating to these Terms will be considered a Communication. All such Communications will be deemed valid, in writing, and legally binding, and will be considered delivered to you on the day after they are published or transmitted.

b. Communication Channels Risks

You shall always carefully assess and verify any information you access or receive via Communication Channels. You must cross-verify any hyperlinks and wallet addresses provided through the Communication Channels for authenticity, correctness, and accuracy by cross-referencing them with our other Communication Channels or through our officially designated moderators before relying on or using such information or details, or performing any transactions involving Virtual Assets. Be extra cautious regarding any hyperlinks or wallet addresses, or instructions on executing blockchain transactions which are shared only through one Communication Channel. There is always a risk that one or more of our Communication Channels may be compromised, which is a common occurrence in the blockchain space, resulting in unauthorised third parties gaining control over them and posting or sending misleading information in an attempt to steal or gain control over your assets. Accordingly, you hereby assume such risks and the responsibility to reasonably verify and assess any and all information you receive or access through our Communication Channels, at the very least by means mentioned herein. Neither we nor any of the XMAQUINA Parties shall be held liable or responsible for, or in connection with, your reliance upon or use of unauthentic or misleading information or communications shared through the Communication Channels as a result of our loss of control or their compromise. We hereby disclaim any duty of care with respect thereto and shall not be held liable or responsible for any damages or losses sustained by you in connection with, or resulting from, the compromise of our Communication Channels.

c. Contact Details

You may electronically communicate with us by sending Communications to the following email address: hello@xmaquina.io. You may be required to provide additional data or documents, or perform certain actions that will allow us to identify you.

12. Applicable Law And Dispute Resolution

a. Applicable Law

These Terms, as well as any and all relationship relating to the Website, Communication Channel and any XMAQUINA Materials, shall be governed by, construed and enforced in accordance with the laws of England and Wales, excluding any conflict of law rules.

b. Informal Dispute Resolution

You must first contact us to try to resolve any dispute related to these Terms, the Website or XMAQUINA Materials informally by sending a notice via email at hello@xmaquina.io. If no agreement is reached within thirty days, the dispute may be submitted to arbitration as outlined below.

c. Binding Arbitration

Except for disputes where an injunctive or other equitable relief for the alleged unlawful use of the Intellectual Property is sought, all disputes arising from or related to these Terms and any matters contemplated herein will be resolved through binding arbitration under the London Court of International Arbitration Rules, which are incorporated by reference herein. The arbitration will take place in London, UK, with a single arbitrator, and the proceedings will be conducted in English. All notices, requests, demands, and communications related to the arbitration must be sent electronically, either via email or through any electronic filing system operated by the London Court of International Arbitration. Electronic communications will be considered received on the day they are transmitted, based on the recipient's time zone. . You may be required to provide additional data or documents, or perform certain actions that will allow us to identify you.

d. Waiver of Court Proceedings and Jury Trial

Except for disputes where an injunctive or other equitable relief for the alleged unlawful use of Intellectual Property is sought, you and we hereby waive your and our respective rights (i) to have any dispute resolved in a court, and (ii) to a jury trial.

e. Confidentiality

To the fullest extent permitted under applicable law, each party involved must maintain the confidentiality of any arbitration, litigation and negotiation proceedings, judgments and awards, including, but not limited to, all information gathered, prepared, and presented for purposes of the arbitration or related to the disputes.

f. No Class Actions

Any dispute arising out of or related to these Terms is personal to you and us and will be resolved solely through individual arbitration or litigation, not as part of a class action or representative proceeding. 

g. Statutes of Limitation

To the fullest extent permitted by law, you and we agree that any claim arising from or related to these Terms, the Website, Communication Channel, or XMAQUINA Materials must be filed within one (1) year of the event giving rise to the claim. Claims not filed within this period will be permanently barred, meaning neither you nor we can pursue such claims.

13. Miscellaneous

a. Third-Party Beneficiaries

These Terms shall benefit the XMAQUINA Parties, and any of them may rely on and enforce the provisions as if they were a party to these Terms. However, no consent, approval, or notice from the XMAQUINA Parties is required to modify, assign, novate, or otherwise change these Terms.

b. Entire Agreement

These Terms, along with any documents incorporated herein by reference, constitute the entire agreement regarding their subject matter and supersede all prior and contemporaneous understandings, writings, statements, or promises related to it. By accepting these Terms, you confirm that you have not relied on, and will have no rights or remedies concerning, any statements, representations, assurances, or warranties (whether made negligently or innocently) other than those expressly stated in these Terms.

c. Assignability

You shall not assign or transfer any rights or obligations under these Terms without our prior written consent. We may transfer or assign these Terms, including any rights and obligations hereunder, at any time and no such transfer or assignment shall require your additional consent or approval.

d. No Waiver

Our failure or delay in exercising any right or remedy under these Terms or applicable law does not constitute a waiver of that or any other right or remedy. It also does not preclude or limit the further exercise of that or any other right or remedy. Similarly, any single or partial exercise of a right or remedy does not preclude or limit its further exercise or the exercise of any other right or remedy.

e. Validity and Enforceability

The invalidity or unenforceability of any provision or part-provision of these Terms shall not affect the validity or enforceability of any other provisions of these Terms, all of which shall remain in full force and effect.

f. Language

Currently, only the English version of these Terms, XMAQUINA Materials and any Communications is considered official. The English version shall prevail in case of differences in translation of any XMAQUINA Materials, Communications, or other content.

g. Survival

Any provisions of these Terms that are intended to continue beyond termination or expiration of these Terms will remain in effect.

14. Interpretation

a. Definitions

In these Terms, unless the context requires otherwise, the terms shall have the following meaning:

“Affiliate” means a person controlling, controlled by, or under the same control as us.
“Communications” means any communications, agreements, documents, receipts, notices, and disclosures related to these Terms.
“Communication Channels” means the Website, our X (Twitter) account, LinkedIn account, Discord server, MachineDAO governance forums and other communication channels belonging to us or Affiliates, as may be linked to on the Website from time to time.
“Force Majeure Circumstances” means any events beyond our control that interfere with the performance of these Terms, including, without limitation, (i) fire, flood, hostility, pandemic, act of God, explosion, strike; (ii) war, undeclared war, civil war, revolution, riot, act of terrorism, military actions, interventions, and operations; (iii) epidemic, pandemic, insurrection, labour dispute, accident; (iv) sanctions, government actions, embargoes; (v) injunctions, cease and desist orders, restraining or similar orders of, or prohibitions established by a court, governmental or other authorities; (vi) weaknesses, vulnerabilities and bugs in the software, blockchain networks, smart-contracts, Wallets, other technologies used in connection with the Website, 51% attacks or similar attacks on Virtual Assets’ underlying blockchain networks; (vii) actions, failures to act or inactions of Third-Party Service providers or other third parties, including fraud, loss or theft of funds by such third parties; (viii) system interference or destruction by any malicious programs; and (ix) power failure, equipment or software malfunction or error.
“Forward-Looking Statements” means certain opinions, forecasts, projections, future plans, or other statements that are not historical facts, including development plans, performance projections, future functionality of the Website, Token, or other products and services, as well as prospects and future events related to an industry.
“FOSS Licence” means a free and open-source software licence that allows for editing, modifying, or reusing software’s source code, such as, for example, GPL, Apache and MIT licences.
“Intellectual Property” means any copyrighted content, names of services and products, logotypes, trademarks and other marks, trade secrets, inventions, designs, drawings, pictures, animations, works of authorship, etc., which may be demonstrated within the Website, contained in the Materials, or otherwise made available to you.
“KYC/KYB Checks” means identification, due diligence, and/or know-your-client checks, as well as other anti-money laundering and combating the financing of terrorism procedures.
“Licence” means a limited, temporary, non-transferable, non-exclusive, revocable, non-sublicensable licence (right) to access and use the Website for their intended purposes on the terms herein set forth and for the duration of these Terms.
“MachineDAO” means a decentralised community of Token holders who exercise governance and voting powers in relation to the Project.
“Prohibited Jurisdiction” means any of the following jurisdictions: Democratic People’s Republic of North Korea, Islamic Republic of Iran, Republic of Cuba, Syrian Arab Republic, Myanmar, Sevastopol and the Crimea Regions of Ukraine, Donetsk People’s Republic and Luhansk People’s Republic regions of Ukraine, Bolivarian Republic of Venezuela, the Russian Federation, Republic of Belarus, and any jurisdiction or territory in which the use of the Website or its components is prohibited by applicable laws or regulations, or which is subject to a country-wide or territory-wide sanction imposed by any country, government, or international authority.
“Prohibited Person” means any citizen or resident of, or person subject to jurisdiction of, any Prohibited Jurisdiction, or person subject to any sanctions administered or enforced by any country, government or international authority.
“Project” means any project (developed, in development or to be developed), seeking funding from MachineDAO.
“Project Materials” means any information, statements, announcements, data, content, documentation, and other materials relating to a particular Project and provided by its representatives.
“Risk Disclosure Statement” means the disclosure of risks attached to these Terms as Schedule 1.
“Terms” means these XMAQUINA Terms & Conditions, together with all agreements and documents incorporated herein by reference, as may be amended from time to time. 
“Third-Party Content” means any content, information, materials and items provided by any third person other than us, including Your Content, the description of, links to, or elements of the Third-Party Services, and any information produced or derived from the Third-Party Services or other third-party sources.
“Third-Party Services” means any services, software, items, and solutions that are not provided by us, such as, for example, Wallets, software or hardware wallets, Virtual Assets, blockchain networks, etc.
“Tokens” means digital cryptographic tokens ‘DEUS’ and ‘xDEUS’ that are native to the XMAQUINA project.
“Virtual Assets” means cryptocurrencies and other digital tokens implemented on a public blockchain network, such as, for example, Tokens, USD Tether (USDT), USD Coin (USDC), and so forth.
“Wallet” means a pair of public and private cryptographic keys which can be used to track ownership of, receive, manage, and spend Virtual Assets on a blockchain network. 
“Website” means the website available at https://www.xmaquina.io, including any of its subdomains.“we”, “us”, “our” means XMAQUINA Foundation. established under the laws of Singapore which is the operator of the Website and administers the Communication Channels.
“XMAQUINA Materials” means any information, statements, announcements, data, content, and other materials provided via the Communication Channels, or otherwise communicated by us or on our behalf in relation to the Website or other services and products provided or offered by us.
“XMAQUINA Parties” means us, Affiliates, and their respective shareholders, directors, officers, members, employees, agents, advisors, contractors, successors, and assignees.“you”, “your” means a person who accepts these Terms. If you are acting on behalf of an entity, “you” and “your” also refer to both you as an individual using the Website and the entity you represent.
“Your Content” means any comments, suggestions, recommendations, feedbacks, statements, announcements, data, visual or audiovisual materials, copyrighted content, trademarks, logotypes, and any other materials posted, created, or furnished by you through or in relation to the Website or Communication Channels.

b. Rules of Interpretation

Unless the context requires otherwise, references to one gender include all genders; singular includes plural and vice versa; terms like “including”, “in particular”, or “for example” are illustrative and shall not limit the sense of the following words; Section headings do not affect interpretation hereof; these Terms will not be construed to our disadvantage for preparing them; terms like “investment”, “invest”, or “investor” that may be used in the XMAQUINA Materials are analogies for smart-contract operations, not literal references to legal agreements or traditional transactions. When using smart-contracts, there are no legal agreements, promises of payment, or courts of law, and therefore there are no investments or other traditional transactions involved.

1. General Blockchain Risks

a. Irreversibility

Please note that transactions on a public blockchain are irreversible. No one can control or influence transactions with Virtual Assets on public blockchain networks, and, therefore, they may not be cancelled, reversed, blocked, or frozen. You must independently assess risks and make informed decisions before carrying out any transactions. There is no warranty that transactions will be executed with the gas fees you expect, or that they will be executed at all.

b. Autonomy of Infrastructure

Blockchain-based infrastructure operates autonomously and is typically beyond anyone’s control. Any malfunction, breakdown, or abandonment of the underlying blockchain could significantly impact the Projects, Tokens, or any transactions involving Virtual Assets.

c. Privacy and Data Risks

Blockchain data is publicly accessible and traceable by third parties, meaning transactions in Virtual Assets may expose certain information about you, though it is unlikely to directly reveal your identity. However, when combined with other personal information, it may allow third parties to infer your financial standing. Once recorded, blockchain data cannot be altered or deleted, making the decision to transact entirely your responsibility.

d. Risk Associated with Hard Fork

A hard fork in the underlying blockchain network of the Tokens, or any of its components, could require major changes. These changes might make the smart-contracts incompatible, dysfunctional, impractical, or more expensive to use. This could disrupt the execution and interaction of smart-contracts critical to the Tokens or any Project. Adapting to a hard fork or changes in consensus rules may require significant time and resources, which might not be available or cost-effective. Consequently, the continued operation of any Project cannot be guaranteed.

e. Risk Associated with Cryptography Development

Advances in cryptography and technology, particularly quantum computing, could threaten blockchain systems by weakening or breaking the cryptographic consensus mechanisms that underpin them. As quantum computing evolves, algorithms once considered secure may become obsolete, leaving systems that rely on traditional cryptographic methods vulnerable. This could allow intruders to bypass existing security measures, compromise data integrity, as well as disrupt consensus mechanisms on blockchain networks.

2. Financial and Market Risks

a. Risk of Loss 

Transacting with Virtual Assets involves the risk of monetary or other losses. These risks can arise from various factors, including market volatility, vulnerabilities in smart-contracts, cybersecurity threats such as hacking or phishing attacks, technical failures, regulatory changes, etc. Unforeseen events, including economic downturns, changes in market sentiment, etc, could also have a material adverse effect on your assets.

b. Virtual Assets’ Value Risks

There are no representations or warranties, express or implied, regarding the Virtual Assets, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement, all of which are expressly disclaimed. You acknowledge and agree that Virtual Assets may not: (i) meet your expectations or function as intended, (ii) possess the intended functionality, (iii) have a market, or (iv) have any specific price or hold any particular value, or have any value at all. Receiving, storing, using, or disposing of Virtual Assets is entirely at your own risk.

c. Volatility Risks

Purchasing, using, or holding Virtual Assets involves significant risks. The crypto market is highly volatile, and prices can change drastically in short periods, potentially leading to substantial or total loss of your funds. Due to the nature and operation of blockchain protocols, the total amount of Virtual Assets in circulation could increase through, inter alia, the adoption of a new patch, upgrade of the source code, or additional mint. You bear a sole responsibility for any damages or losses that you may incur as a result of or in connection with the change in the composition, supply, value or price of any Virtual Assets. Only allocate funds to Virtual Assets that you can afford to lose.

d. Liquidity and Market Risks

There is no assurance that an active market will exist now or in the future for buying or selling Virtual Assets. Their price and liquidity cannot be assured, and it is possible that there may be no market or liquidity for Virtual Assets at all. In some cases, they may become useless or abandoned entirely.

3. Risks Associated with Projects

a. Projects Pivot

The design, details, and description of the Projects, including the XMAQUINA project, and related products or services may be changed at any time. There is no guarantee that the XMAQUINA project or any other Project will be developed, maintained, or operated for any specific time period, or at all. The XMAQUINA project or other Projects may also be modified or pivoted at any time. Nothing in these Terms, XMAQUINA Materials, or Project Materials creates an obligation to develop, launch, promote, or operate the XMAQUINA project, any Projects, or related products or services.

b. Public Interest Uncertainty

Public interest in the XMAQUINA project or any Project is not warranted, and low user engagement may negatively impact their development and associated business activities.

c. Risk of Confusing Interface

The user interface, design of the Website, Projects or associated infrastructure may sometimes cause confusion, leading to unintended actions or transactions, such as selecting the wrong Virtual Asset, transaction type, blockchain network, or account.

d. Risk of Unofficial Projects

There is always a risk of competing teams or alternative projects, including those cloning the XMAQUINA project or any Project. You may also be targeted by fraudulent activities, such as fake websites, emails, text messages, or social media accounts impersonating us or any Project. They may aim to deceive you, steal your Virtual Assets, or profit unlawfully. Be extremely cautious when interacting with websites, messages, or accounts directing you to non-official sources or asking you to connect your Wallet. Always verify the authenticity of any communication claiming to represent us or any Project.

4. Technological risks

a. Functionality and Flawed Logic of Software

The Website and associated technical infrastructure are provided “as is” and may experience system failures, downtimes, unplanned interruptions in their underlying network or functionality, hardware or software defects, security breaches, or other causes that could adversely affect the Website or your access to it. We are not obligated to address these issues and do not warrant that any updates will resolve existing bugs or vulnerabilities, or avoid creating new, unanticipated issues.

b. Software Weaknesses, Bugs and Vulnerabilities

The software behind the Website, Virtual Assets, and associated smart contracts, as well as the logic of blockchain networks, may have flaws, bugs, vulnerabilities, or defects. These issues could cause the software or smart contracts to malfunction or behave unpredictably, leading to transactions being executed incorrectly or against your intentions. Such issues may result in the partial or complete loss of Virtual Assets involved in a transaction, or other negative consequences.

c. Lack of Remediation

The software underlying the Website or Virtual Assets, including smart contracts, may have errors or vulnerabilities that are not immediately apparent. Fixing these issues can be difficult and may not always work. Many smart contracts are also immutable, meaning they cannot be changed once deployed. Attempts to fix flaws or vulnerabilities in blockchain software can be complex, risky, expensive, and time-consuming. There is no guarantee that these efforts will prevent negative outcomes, such as the complete or significant loss of your Virtual Assets.

d. Downtime and Maintenance 

The Website-related services, products, or their components may occasionally become inaccessible or inoperable for various reasons, including maintenance, updates, technical disruptions, or third-party interference. Such occurrences may lead to downtime or a lack of access to them.

e. Delayed Updates

There is no warranty that the software, including any associated smart-contracts, the XMAQUINA project or any Project relies on will be updated quickly enough to address new threats, vulnerabilities, or required changes, or can be updated at all. Delays in updates can leave you exposed to risks such as errors, failed transactions, inability to execute time-sensitive operations, or the loss of Virtual Assets.

5. Security Risks

a. Risk of Theft

The blockchain networks can be attacked which may result in downtime, consensus split, long reorganisation of the chain, 51% attack or other adverse outcomes. There is no warranty that there will be no theft or loss of Virtual Assets due to attacks, hacks, software flaws, or blockchain vulnerabilities, which could result in partial or complete loss of the Virtual Assets. Even when using our official resources, remain vigilant for pop-ups or unusual program behaviour, as these could result from hacks or malicious code. 

b. Exploitation of Vulnerabilities

Bugs, flaws in logic, and other vulnerabilities are not part of the intended operation of the Website-related software. However, intruders may exploit these weaknesses or flaws, potentially causing financial losses, data breaches, or system malfunctions. The exploitation of bugs, flaws, or vulnerabilities in smart-contracts or associated software is strictly prohibited, regardless of the purpose or circumstances. Such acts, especially those that harm others, may be considered criminal or other offences under applicable laws and could result in severe consequences for those involved.

c. Risk Associated with Credentials

If a third party gains access to your Wallet or associated credentials, they may control and use your Virtual Assets held in such Wallet. To reduce this risk, secure your electronic devices or systems (both hardware and software) used in relation to the Wallet and/or Project, as well as associated credentials against unauthorised access. We encourage you to properly back up all credentials associated with your Wallets used in connection with the Website.

6. Risks Related to XMAQUINA and Project Materials

a. Accuracy

There is no assurance that any XMAQUINA Materials will be true, accurate, complete, timely or non-misleading, and you expressly acknowledge and agree that we will be under no obligation to update or fix them. You shall solely evaluate all information provided by us or on our behalf.

b. Risk of Impersonation

Always verify that any information you believe to be from us is posted or communicated by our authorised representatives. Be cautious of impersonation risks, including fake websites, counterfeit tokens resembling the Tokens, and fraudulent social media accounts or communications. Always ensure you are interacting with legitimate and verified sources. Verify information independently before acting.

c. Forward-Looking Statements

The XMAQUINA Materials or Project Materials may include Forward-Looking Statements based on current expectations, which involve various risks and uncertainties. These risks include factors such as economic, competitive, and technical influences on us and our operations, as well as developments in science, technology, industry trends, competition, regulatory changes, government actions, market dynamics, and other business conditions. There are no guarantees regarding the accuracy of any Forward-Looking Statements. Actual events, results, or outcomes may differ significantly from those expressed or implied, and you should not rely on these statements.

d. Updates

The XMAQUINA Materials and Project Materials may be updated from time to time with or without notice depending on various circumstances, including market conditions, applicable regulation, and governments’ actions.

7. Third-Party Interaction Risks

a. Counterparty Risks

You should always be diligent when dealing with third parties regarding Virtual Assets. Such third parties may include, without limitation, exchanges, custodians, Wallet operators, service providers, fiat gateways, banks, or payment systems. Interactions with third parties carry risks, including fraud, insolvency, contract breaches, or security failures, which could result in the loss of your Virtual Assets.

b. Third-Party Illegal Behaviour 

Due to the nature of permissionless blockchain software, there is a risk that the Website, Projects or their components could be misused by third parties for illegal activities, such as fraud. Such misuse could result in legal and regulatory consequences affecting our and Projects’ operation and development, including lawsuits, government investigations, or other enforcement actions. These consequences may lead to liability and reputational harm, potentially disrupting our and Projects’ operation.

8. Regulatory and Compliance Risks

a. Legal Uncertainty

Our activities, or those of any Project, may be subject to various laws and regulations, including requirements to obtain licenses or other permits as directed by applicable laws. Changes to these laws or evolving interpretations could lead to higher compliance costs or operational challenges, potentially impacting our operation, as well as the development and operation of Projects. In extreme cases, some jurisdictions may ban or heavily restrict our or any Project-related activities. The legal status of Virtual Assets and related transactions is uncertain, and some regions may prohibit owning or transacting with them entirely, which could affect you. The penalties for violating such laws, if any, are unclear. You are responsible for researching and understanding the legal and tax implications of interacting with Virtual Assets in your jurisdiction.

b. Taxation​​

Any acquisition, use, holding, or disposal of Virtual Assets, as well as related transactions, may have tax implications as imposed by state or government authorities. Tax laws for Virtual Assets may be unclear or not well-defined in your region. Additionally, these laws and their interpretations can change and may even be applied retroactively. You are solely responsible for understanding and meeting your tax obligations. Failure to properly report, collect, or pay taxes could result in penalties, fines, or other legal consequences.

9. Unanticipated Risks

In addition to the risks set forth herein, there are unanticipated risks. Further risks may materialise as unanticipated combinations or variations of the discussed risks or the emergence of new risks.