Please read this Terms of Use Agreement (together with any Supplemental Terms (defined below), these “Terms of Use”) carefully. This website and any related websites or subdomains that link to these Terms of Use and are operated by Phylax Systems, Inc., a Delaware corporation (“Company”, “we” “our”, or “us”) or our affiliates or agents (collectively, the “Website”), as well as any application for web made available by us and through which these Terms of Use are linked (“WebApp”) and the information on the Website and the WebApp, are owned and controlled by Company. The Terms of Use governs the use of the Website and applies to all Users visiting the Website or using the services enabled through the Website in any way, including accessing or using the WebApp, (each, a “Service” and, collectively, the “Services”). For the avoidance of doubt, the Protocol is not a Service.This Protocol Risk Factor Disclosure Statement (this “Disclosure Statement”) aims to disclose, describe, and disclaim known or plausible risks related to the Phylax Protocol and smart contract system (together, the “Protocol”) and its related technology ecosystem (the “Ecosystem”). It is intended to disclaim any legal obligations of Ecosystem participants (“Users” or “you”) to one another and third parties, and to serve as a guide to a range of potential risks, uncertainties, and adverse/negative facts that may be associated with the Protocol, its use and results of its operation. If any of these risks materialize, the Protocol or Ecosystem may be adversely impacted (up to an including catastrophic failure or total shutdown) and any blockchain tokens (“Tokens”) related to or used in or by the Protocol may be irrevocably lost or destroyed or may otherwise lose some or all of their economic value.

BY USING ANY SERVICES, CONNECTING A WALLET (DEFINED BELOW) TO THE WEBSITE, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO FORM A BINDING CONTRACT WITH COMPANY, (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE ENTITY YOU REPRESENT (WHETHER OR NOT SUCH ENTITY IS REGISTERED OR INCORPORATED UNDER THE LAWS OF ANY JURISDICTION), AND TO BIND THAT ENTITY TO THE TERMS OF USE; AND (4) YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES COMPLIES WITH THE LAWS OF YOUR JURISDICTION. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
WE ARE NOT AN EXCHANGE, TRUST COMPANY, LICENSED BROKER, DEALER, BROKER-DEALER, INVESTMENT ADVISOR, INVESTMENT MANAGER, OR ADVISER. NEITHER WE NOR OUR SERVICES GIVE, OFFER, OR RENDER INVESTMENT, TAX, OR LEGAL ADVICE. WE PROVIDE BLOCKCHAIN SECURITY SOFTWARE THAT ALLOWS USERS TO DEFINE AND ENFORCE PROTOCOL RULES AND OTHERWISE PREPARE TRANSACTIONS THAT MAY BE EXECUTED ON THIRD-PARTY BLOCKCHAINS AND OTHER THIRD-PARTY SERVICES (DEFINED BELOW). BEFORE MAKING FINANCIAL OR INVESTMENT DECISIONS, WE RECOMMEND THAT YOU CONTACT AN INVESTMENT ADVISOR, OR TAX OR LEGAL PROFESSIONAL.
SECTION 16 CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND US. AMONG OTHER THINGS, SECTION 16 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. PLEASE READ SECTION 16 CAREFULLY.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.
PLEASE NOTE THAT THE TERMS OF USE (INCLUDING ANY SUPPLEMENTAL TERMS) IS SUBJECT TO CHANGE BY COMPANY IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Terms of Use available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of the Terms of Use. Any changes to the Terms of Use will be effective immediately. We may require you to provide consent to the updated Terms of Use in a specified manner before further use of the Website, and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

The Webapp allows Users to indicate transactions the User would like to perform in connection with the Protocol, in order to generate draft transaction messages which the User can transmit to blockchain system validators via a third-party wallet application or device (“Wallet”) to conduct transactions using the Protocol. The Services also include the Credible Network Data Availability Layer, which stores and serves Assertions to third-party Enforcers.

Relationship to Protocol. The Protocol is a system of software-based smart contracts, which enables Users to define Assertions for their dApps across one or more third-party Rollups. The Protocol is not part of the Website and is not a Service made available by the Company under this Terms of Use. We have no obligation to monitor or control any use of the Protocol by you or any third party. We make no representations or warranties about the functionality of the Protocol. Any use of the Protocol is undertaken at your own risk, and we are not and shall not be liable to you or to any third party for any loss or damage arising from or connected to your or any third party’s use of the Protocol. Notwithstanding anything to the contrary set forth herein, the terms of Sections 10 through 12 of this Terms of Use apply, mutatis mutandis, to any claims arising out of your use of or inability to use the Protocol. THE PROTOCOL IS MADE AVAILABLE ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND YOU CREATE, ACCESS, AND/OR INTERACT WITH THE PROTOCOL AT YOUR OWN RISK. For more information about the Protocol, please view the documentation available at https://docs.phylax.systems/.

Relationship to dApps and Sequencers. Submitters and Enforcers may have various relationships to dApps and Rollups, respectively; there may be more than one Submitter per dApp or Enforcer per Rollup; and Submitters or Rollups may be various kinds of individuals, groups, legal entities, decentralized autonomous organizations (DAOs), or additional autonomous systems (including other smart contracts). Submitters and Enforcers may have administrative powers over dApps and Rollups, including the power to change parameters or upgrade the dApp or Rollup code wholesale, and this may place Submitters and/or Enforcers in a position to exploit user Tokens used in connection with such dApps and/or Rollups. Deployment and configuration of dApps and Rollups using the Protocol is permissionless and independent of the Company. We have no obligation to monitor and no obligation or ability to control any use of dApps and/or Rollups by you or any third party and/or any use of dApps or Rollups. You are solely responsible to evaluate the source code and configuration of each dApp, the powers of Submitters and Enforcers with respect thereto, and the background, qualifications, legal organization, solvency, and other facts and circumstances of each Submitter and Enforcer, and assume all risks regarding potential Submitter or Enforcer negligence, misconduct, violations of law, and other issues. We make no representations or warranties about the functionality of any dApps or Rollups, or any qualifications or reputability of any Submitter or Enforcer. Any use of any dApp or Rollup is undertaken at your own risk, and we are not and shall not be liable to you or to any third party for any loss or damage arising from or connected to your or any third party’s use of any dApp or Rollup. Notwithstanding anything to the contrary set forth herein, the terms of Sections 10 through 12 of this Terms of Use apply, mutatis mutandis, to any claims arising out of your use of or inability to use any dApp or Rollup. DAPPS AND ROLLUPS ARE MADE AVAILABLE ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND YOU CREATE, ACCESS, AND/OR INTERACT WITH DAPPS AND ROLLUPS AT YOUR OWN RISK.

Important disclaimers and disclosures regarding the Website, WebApp, Services, Protocol, dApps, and Rollups can be found in the Phylax Risk Disclosure Statement, available at [LINK]. You should familiarize yourself with these disclaimers and disclosures and conduct your own thorough due diligence into the Protocol before using the Website, Webapp, Services, Protocol, dApps, or Rollups.

Capitalized terms used herein shall have the following meanings:

DESCRIPTION OF THE SERVICES. The Services include the WebApp and Services enabled thereby, as further defined and described below. There are important risks and limitations associated with the use of the Services as described below and elsewhere in these Terms of Use. Please read them carefully.
• WebApp. The Company’s WebApp, including supporting documentation made available therewith, is a platform enabled through the Website that allows dApp developers to manage Assertions for their dApps, including by applying Assertions to dApp smart contract code. The WebApp assists Users in generating transaction messages compatible with the Protocol which are designed to accomplish the User’s operational goals as expressed through the User’s interactions with the WebApp. If the User so wishes, the User may cause such transaction messages to be delivered by the Site via API to a compatible third-party wallet application or device (“Wallet”) selected by the User after pressing the “Connect Wallet” (or similar) button on the Website, and such transaction messages (as generated by the WebApp and with any subsequent modifications elected to be made by the User through the third-party wallet application) may then be broadcast by the User to nodes on a relevant third-party blockchain system or Rollup (each, a “Supported Blockchain”) for potential processing and execution in accordance with the Protocol and the technological and contractual parameters of each such Supported Blockchain (the applicable “Blockchain Rules”). The User must personally review and authorize all transaction messages that the User wishes to broadcast to any blockchain systems and the Company provides no representation or warranty as to the accuracy thereof or the match thereof to the User’s actual intentions for use of the relevant blockchain systems or the Protocol.
• Wallets. In order to access and use certain Services, you may need to connect a Wallet to the WebApp. We disclaim all liability in connection with the foregoing, including without limitation any inability to access any Tokens you have sent to such Wallet. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR WALLET IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR INFORMATION THAT MAY BE PROVIDED TO IT OR USER ASSETS THAT MAY BE DEPLOYED TO THE PROTOCOL BY OR THROUGH SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE SETTINGS THAT YOU HAVE SET IN SUCH WALLETS.
• Security. Users are solely responsible for all matters relating to their accounts, addresses and Tokens and for ensuring that all uses thereof comply fully with these Terms of Use. Users are solely responsible for protecting the data integrity and confidentiality of their login information and passwords (if any) or private keys for the Services or any Wallet used in connection with the Services. The compatibility of the Services with wallet applications and devices or other third-party applications or devices is not intended as, and you hereby agree not to construe such compatibility as, an endorsement or recommendation thereof or a warranty, guarantee, promise or assurance regarding the fitness or security thereof.
• Your User Assets. When you use the Services, including without limitation by deploying Assertions, you represent and warrant that:
• you own or have the authority to connect to the applicable Wallet;
• you own or have the authority to deploy such Assertions;
• all Tokens you deploy, transfer, deposit, stake, or otherwise make available in connection with our Services have been earned, received, or otherwise acquired by you in compliance with all applicable laws; and
• no Tokens that you deploy, transfer, deposit, stake or otherwise make available in connection with the Services have been “tumbled” or otherwise undergone any process designed to hide, mask, or obscure the origin or ownership of such Tokens.
• Tokens. You acknowledge and agree that we shall have any liability to you or any third party with respect to any losses (arising from any action or inaction) resulting in the slashing, misappropriation, or other loss or diminution of Tokens owned by you or any other person. Without limiting the foregoing, we shall not be responsible for any losses arising from misconfigured Assertions, the failure of an Enforcer to exclude Invalidating Transactions, inclusion or exclusion (whether resulting from action, inaction, excessive network latency, or otherwise) in a block of any transaction, or software bugs or other defects that result in faulty or unintended performance of the Credible Layer or any component or dependency thereof.
• Other Information. We make no representations or warranties as to the quality, origin, or ownership of any content found on or available through the Services. We shall not be liable for any errors, misrepresentations, or omissions in, of, or about the content, nor for the availability of the content. We shall not be liable for any losses, injuries, or damages from the access, inability to access, display, or use of the content. In providing information about Tokens, dApps, Rollups, smart contracts, and other relevant tools or technologies, we rely on third-party resources which may not be accurate or many not conform to a given User’s expectations. Multiple Tokens, dApps, or smart contracts can use the same name or symbol, meaning that the name or symbol of a Token, dApp, or smart contract does not guarantee that it is the Token, dApp, or smart contract desired by the User or generally associated with such name or symbol. Users must not rely on the name, symbol or branding of a Token, dApp, or smart contract displayed through the Website, but instead must examine the specific smart contract associated with the name, symbol or branding and confirm that the Token, dApp, or smart contract accords with User’s expectations.
• Supported Blockchains. The Protocol enables the deployment of Assertions on Supported Blockchains in accordance with the applicable Blockchain Rules. For the avoidance of doubt, we do not own or control your Wallet, the Protocol, or any Supported Blockchain. All use of any Wallet, dApp, and/or any Supported Blockchain is at your own risk.
• Compatibility Risk. The Services may not be compatible with all forms of cryptocurrency, blockchains, and/or types of transactions. Whether or not a Token or dApp is then-currently compatible with the Services may change at any time, in Company’s sole discretion, with or without notice to you.

ELIGIBILITY; USER REPRESENTATIONS AND WARRANTIES.Eligibility. You represent and warrant that the following statements and information are accurate and complete at all relevant times. In the event that any such statement or information becomes untrue, you shall immediately cease accessing and using the Services:You are (i) at least eighteen (18) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using Services under the laws of the United States, your place of residence, or any other applicable jurisdiction. If you are acting on behalf of a business entity, such entity is duly organized, validly existing and in good standing under the laws of the jurisdiction in which it is organized and has all requisite power and authority for a business entity of its type to carry on its business as now conducted;You have all requisite capacity, power and authority to accept the terms and conditions of the Terms of Use and to carry out and perform your obligations hereunder. The Terms of Use constitutes a legal, valid and binding obligation enforceable against you in accordance with its terms;Your agreement to these Terms of Use and use of the Services does not constitute, and would not reasonably be expected to result in (with or without notice, lapse of time, or both) a breach, default, contravention or violation of any law applicable to you, or contract or agreement to which you are a party or by which you are bound;None of: (i) you; (ii) any affiliate of any entity on behalf of which you are entering into this Terms of Use; (iii) any other person having a beneficial interest in any entity on behalf of which you are entering into this Terms of Use (or in any affiliate thereof); or (iv) any person for whom you are acting as agent or nominee in connection with this Terms of Use is: (A) located or ordinarily resident, organized, established, or domiciled in any country where use or provision of the Services or related activities is illegal, prohibited, or requires a permit or license, (B) identified on any list of prohibited parties under any law or by any nation or government, state or other political subdivision thereof, any entity exercising legislative, judicial or administrative functions of or pertaining to government such as the sanctions lists maintained by the United Kingdom, British Virgin Islands, United Nations Security Council, the U.S. government (including the U.S. Treasury Department’s Specially Designated Nationals list and Foreign Sanctions Evaders list), or the European Union (EU) or its member states (in each case, as applicable to you or us); or (C) a senior foreign political figure, or any immediate family member or close associate of a senior foreign political figure. There is no legal proceeding pending that relates to your activities relating to buying, selling, staking, or otherwise using cryptocurrency or any other Token- or Digital Asset-trading or blockchain technology related activities;You have not failed to comply with, and have not violated, any applicable legal requirement relating to any blockchain technologies or Token-trading activities, and no investigation or review by any governmental entity is pending or, to your knowledge, has been threatened against or with respect to you, nor does any government order or action prohibit you or any of your representatives from engaging in or continuing any conduct, activity or practice relating to cryptocurrency;The Tokens or other funds you use in connection with the Services are not derived from, and do not otherwise represent the proceeds of, any activities done in violation or contravention of any law; andYou are knowledgeable, experienced and sophisticated in using and evaluating blockchain and related technologies and assets, including the Protocol, blockchain tokens, and “smart contracts” (runtime bytecode deployed to a blockchain). You have conducted your own thorough independent investigation and analysis of the Protocol, Services, and the other matters contemplated by these Terms of Use, and have not relied upon any information, statement, omission, representation or warranty, express or implied, written or oral, made by or on behalf of us or any Submitter or Enforcer in connection therewith, except as expressly set forth by us in these Terms of Use.

‍Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Services, including but not limited to, a computer or mobile device that is suitable to connect with and use the Services as applicable. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.

YOUR ASSUMPTION OF RISK.

‍Risk of Financial Loss. WHEN YOU USE THE SERVICES, YOU UNDERSTAND AND ACKNOWLEDGE THAT COMPANY IS NOT A FINANCIAL OR INVESTMENT ADVISOR AND THAT THE SERVICES ENTAIL A RISK OF LOSS AND MAY NOT MEET YOUR NEEDS. The Services provided by us rely on third-party dApps, Supported Blockchains and applicable Blockchain Rules, which may not be reliable, consistent, or dependent in all scenarios. We may not be able to foresee or anticipate technical or other difficulties which may result in data loss or other service interruptions. We make no warranties as to the dApps, Rollups, or blockchains in which your Tokens are used, transferred, purchased, or traded.

‍Cybersecurity Risks. You understand that like any other software, the WebApp, and the Services could be at risk of third-party malware, hacks, or cybersecurity breaches, including social engineering attacks directed at or through social media channels we use to communicate with Users. You agree that it is your responsibility to monitor your Tokens and dApps regularly and confirm their proper use and deployment consistent with your intentions.

‍Expertise and Experience. You represent and warrant that you (i) have the necessary technical expertise and ability to review and evaluate the security, integrity and operation of your Wallet, and any Tokens, dApps or Supported Blockchains used in connection with the Services; (ii) have the knowledge, experience, understanding, professional advice, and information to make your own evaluation of the merits, risks, and applicable compliance requirements under applicable laws of any use of your Wallet and any dApps or Supported Blockchains used in connection with the Services; (iii) know, understand, and accept the risks associated with your Wallet and any dApps and Supported Blockchains used in connection with the Services; and (iv) accept the risks associated with blockchain technology generally, and are responsible for conducting your own independent analysis of the risks specific to your use of the Services. You further agree that Company will have no responsibility or liability for such risks.

‍General Risks of Blockchain Technology. In order to be successfully completed, any transaction involving your User Assets initiated by or sent to your Wallet must be confirmed by and recorded on the applicable Supported Blockchain. We have no control over any Supported Blockchain, and therefore cannot and do not ensure that any transaction details that you submit or receive via our Services will be validated by or confirmed on the relevant Supported Blockchain. Once a transaction is initiated, we do not have the ability to facilitate any cancellation or modification requests. You accept and acknowledge that you take full responsibility for all activities that you effect through your Wallet and accept all risks of loss, including loss as a result of any authorized or unauthorized access to your Wallet, to the maximum extent permitted by law. You further accept and acknowledge that:There are risks associated with using Digital Assets, including but not limited to, the risk of hardware, software, and Internet connection failures; the risk of malicious software introduction; the risk that third parties may obtain unauthorized access to information stored within your Wallet; the risks of counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs or other technical defects, and assets that may become untransferable; and the risk that such Digital Assets may fluctuate in value. You accept and acknowledge that Company will not be responsible for any communication failures, disruptions, errors, distortions, delays, or losses you may experience when using blockchain technology, however caused.The regulatory regimes governing blockchain technologies, cryptocurrencies, and tokens are uncertain, and new regulations or policies, or new or different interpretations of existing regulations, may materially adversely affect the development of the Services and the value of your User Assets.We make no guarantee as to the functionality of any blockchain’s decentralized governance, which could, among other things, lead to delays, conflicts of interest, or operational decisions (including without limitation changes to any Blockchain Rules) that are unfavorable to your Tokens, dApps, or Rollups. You acknowledge and accept that the Blockchain Rules governing the operation of a Supported Blockchain may be subject to sudden changes which may materially alter such Supported Blockchain and affect the value and function of any of your Tokens or dApps on a Supported Blockchain.We make no guarantee as to the security of any dApp, Supported Blockchain or Wallet. We are not liable for any hacks, double spending, or any other attacks on a dApp, Supported Blockchain or Wallet.Any Supported Blockchain may slash or otherwise impose penalties on certain validators (including validators to which your Tokens have been deployed) in response to any activity not condoned by such Supported Blockchain, whether in accordance with the applicable Blockchain Rules or otherwise. You acknowledge and agree that we shall have no liability in connection with any such slashing or penalties, including any slashing or penalties that result in a loss or depreciation of value of your Tokens.The Supported Blockchains are controlled by third parties, and Company is not responsible for their performance, nor any risks associated with the use thereof. The Services rely on, and Company makes no guarantee or warranties as to the functionality of or access to, any dApp, Supported Blockchain, Wallet, or Third-Party Service.You control your Wallet, and we are not responsible for its performance, nor any risks associated with the use thereof.

‍Fork Handling. The Protocol, dApps, Supported Blockchains, and all Tokens may be subject to “forks.” Forks occur when some or all persons running the software clients for a particular blockchain system adopt a new client or a new version of an existing client that: (i) changes the protocol rules in backwards-compatible or backwards-incompatible manner that affects which transactions can be added into later blocks, how later blocks are added to the blockchain, or other matters relating to the future operation of the protocol; or (ii) reorganizes or changes past blocks to alter the history of the blockchain. Some forks are “contentious” and thus may result in two or more persistent alternative versions of the protocol or blockchain, either of which may be viewed as or claimed to be the legitimate or genuine continuation of the original. We may not be able to anticipate, control or influence the occurrence or outcome of forks, and do not assume any risk, liability or obligation in connection therewith. Without limiting the generality of the foregoing, we do not assume any responsibility to notify a User of pending, threatened or completed forks. We will respond (or refrain from responding) to any forks in such manner as we determine in our sole and absolute discretion, and shall not have any duty or obligation or liability to a User if such response (or lack of such response) acts to a User’s detriment. Without limiting the generality of the foregoing, our possible and permissible responses to a fork may include: (i) supporting the Protocol, dApps, Rollups, and Tokens on both chains; (ii) supporting the Protocol, dApps, Rollups, and Tokens on only one of the chains; (iii) supporting the Protocol, dApps, Rollups, and Tokens in different respects or to a different extent on both chains; or (iv) any other response or policy or procedure, as determined by us in our sole and absolute discretion. Each User assumes full responsibility to independently remain apprised of and informed about possible forks, and to manage the User’s own interests and risks in connection therewith.

USE OF THE SERVICES.

‍License to the Services. Subject to these Terms of Use, Company grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely as described hereunder. Unless otherwise specified by Company in a separate license, your right to use any and all Services is subject to the Terms of Use. You acknowledge and agree that nothing set forth herein shall be construed as a sale of any ownership interest in or to the Services or any intellectual property rights associated therewith.

‍Updates. You understand that Services are evolving. You acknowledge and agree that Company may update Services with or without notifying you. You may need to update third-party software from time to time in order to use Services.

‍Certain Restrictions. The Services are intended for your internal use only. The rights granted to you in the Terms of Use are subject to the following restrictions:you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services, including the Website or WebApp;you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form) of Company;you shall not use any metatags or other “hidden text” using Company’s name or trademarks;you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law;you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; andyou shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any future release, update or other addition to the Services shall be subject to the Terms of Use. We, and our suppliers and service providers, reserve all rights not granted in the Terms of Use. Any unauthorized use of the Services may terminate the licenses granted by us pursuant to the Terms of Use.

‍Third-Party Services. Certain features of the Services may rely on third-party websites, services, technology, or applications accessible or otherwise connected to the Services but not provided by us, including without limitation any dApp, Supported Blockchain, any validator on such Supported Blockchain, our third-party identity verification providers, and your Wallet (each, a “Third-Party Service” and, collectively, “Third-Party Services”). Notwithstanding anything to the contrary in these Terms of Use, you acknowledge and agree that (i) we shall not be liable for any damages, liabilities, or other harms in connection with your use of and/or any inability to access the Third-Party Services; and (ii) we shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities or harm to any person or entity relating to any losses, delays, failures, errors, interruptions or loss of data occurring directly or indirectly by reason of Third-Party Services or any other circumstances beyond our control, including without limitation the failure of a Supported Blockchain or other Third-Party Service.

‍Company May Discontinue Services. The Services are free applications operated and maintained in the sole and absolute discretion of the Company. We assume no duties, liabilities, obligations or undertakings to continue operating or maintaining the availability of the Services and may terminate or change the Services in any or all respects at any time. We may become unable or unwilling to fund the operational costs of the Services on a long-term basis or to fund the upgrade costs required to keep the Services up to date with current technologies. We have no obligation to ensure that the Services are complete and accurate sources of all information relating to the Protocol, dApps, Supported Blockchains, or any other subject matter. The Services do not necessarily display all dApps or Supported Blockchains that are available in connection with the Protocol. Even if the Services currently display a particular dApp or Supported Blockchain, we may discontinue tracking and publishing information about that dApp or Supported Blockchain at any time, in our sole and absolute discretion. In the event of such a discontinuation, Users may need to rely on third-party resources such as block explorers in order to get equivalent information, and, depending on the User’s level of expertise and the quality of such third-party resources, this may result in the User incurring financial losses due to delays or mistakes in processing information or transactions.

‍Company May Deny or Limit Access. We reserve the right to terminate or limit any person’s User status or access to or use of the Services at any time, without or without notice, as determined in our sole and absolute discretion. Such terminations and limitations may be based on any factor or combination of factors, including a person’s identity, blockchain address, IP address, internet service provider, virtual provider network provider, metadata, browser software, device type, wallet application, wallet device, region of citizenship or residence or current location, or suspicion that User has engaged or intends to engage in any prohibited use.

‍Cooperation With Investigations. The Company reserves the right at all times to cooperate with any governmental or law enforcement investigation or to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, based on any applicable law, regulation, legal process or governmental request, in the Company’s sole and absolute discretion.

‍No Regulatory Supervision. The Company and the Services are not registered or qualified with or licensed by, do not report to and are not under the active supervision of any government agency or financial regulatory authority or organization. No government or regulator has approved or consulted with the Company regarding the accuracy or completeness of any information available through the Services. Similarly, the technology, systems, Tokens, dApps, Supported Blockchains, and persons relevant to information published through the Services may not be registered with or under the active supervision of or be registered or qualified with or licensed by any government agency or financial regulatory authority or organization. The Company is not registered as a broker, dealer, advisor, transfer agent or other intermediary.

OWNERSHIP.

Services. You agree that as between you and us, we and our suppliers own all rights, title, and interest in the Services, including but not limited to, any software, computer code, algorithms, technology, themes, objects, concepts, artwork, animations, sounds, methods of operation, and documentation, as well as all intellectual and proprietary rights related thereto. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any Services.

‍Trademarks. Company’s stylized name and all related graphics, logos, service marks, and trade names used on or in connection with any Services, or in connection with the Services, are the trademarks of Company and may not be used without permission in connection with your, or any third party, products or services. Other trademarks, service marks, and trade names that may appear on or in the Services are the property of their respective owners.

‍Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Company through its suggestion and feedback forms, wiki site, Discord channels, forum, or other pages or means (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Services and/or Company’s business.

‍USER CONDUCT.

‍You agree that you are solely responsible for your conduct in connection with the Services. Any unauthorized use of any Services terminates the licenses granted by us pursuant to this Terms of Use.

You agree that you will abide by this Terms of Use and will not (and will not attempt to):provide false or misleading information to Company;use or attempt to use another User’s Wallet or attempt to access any Wallet that you do not have the legal authority to access;pose as another person or entity;

use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying the Services (including any “griefing attack” or theft), or that could damage, disable, overburden, or impair the functioning of the Services in any manner (including any “sybil attack”, “DoS attack” or other attack);develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Services;

bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Services;attempt to circumvent any content-filtering techniques we employ;

collect or harvest data from our Services that would allow you to contact individuals, companies, or other persons or entities, or use any such data to contact such entities;

use data collected from our Services for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);

bypass or ignore instructions that control all automated access to the Services; use the Service for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates any applicable law or this Terms of Use;

carry out any illegal activities in connection with or in any way related to your access to and use of the Services, including but not limited to money laundering, terrorist financing, or deliberately engaging in activities designed to adversely affect the performance of the Services;

use the Services to carry out any financial activities subject to registration or licensing in your jurisdiction except in strict compliance with applicable law;

use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise), defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, pornographic indecent or unlawful topic, name, material or information;

upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same, and you understand that the burden of determining that any material is not protected by intellectual property laws rests with you;

use any content or information, including images or photographs, that are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;

upload, store, post, sell, or transmit through the Services any material that violates or infringes in any way upon the rights of others, or that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, that encourages conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law;

upload or link to files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

or use the Service to participate in fundraising for a business, protocol, or platform except in strict compliance with applicable law.

‍FEES; TAXES.

Gas Fees. Access to the Website and certain Services is free. However, you may be required to pay network transaction fees (“Gas Fees”) to complete or effect any transaction in connection with your use of the Protocol. Gas Fees are determined by market conditions on the applicable Supported Blockchain, and are not determined, set, or charged by Company. You are solely responsible for paying any Supported Blockchain Gas Fees in connection with your transactions using the Protocol. You agree that all Gas Fees are non-cancellable, non-refundable, and non-recoupable.

‍Taxes. You are solely responsible for determining what, if any, taxes (including without limitation federal, state, local, sales, use, value added, excise, or other taxes, fees, or duties) apply to you and/or to any transactions involving your User Assets or transactions using the Protocol. You are solely responsible for paying any such taxes.

INDEMNIFICATION.

You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Company Party” and collectively, the “Company Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) your use of, or inability to use, any Services; (b) your violation of the Terms of Use, including any of your representations or warranties hereunder; (c) your violation of any rights of another party, including any Users; (d) your failure to provide accurate or complete data in connection with your use of the Services; (e) your negligence, fraud, willful misconduct, or violation of any applicable laws, rules, or regulations; or (f) your use of, or inability to use, the Protocol or any dApp or Supported Blockchain (including any misconfigurations or malfunctions thereof). We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This provision does not require you to indemnify any of the Company Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Website, the Software, or any Services provided hereunder. You agree that the provisions in this Section will survive any termination of the Terms of Use and/or your access to Services.

‍dApps; Rollups

dApp and Rollup Services. dApps and Rollups may be created, deployed, owned, operated, managed, or administered by persons other than the Company. Use of the Services in connection with any dApps or Rollups is at your own risk, with full understanding that (i) your Digital Assets may lose some or all of their market value; (ii) your Digital Assets may be slashed partially or entirely as a result of parameters that you cannot directly control or change; (iii) your Digital Assets may be compromised or stolen by malicious software attacks; and that (iv) you may have no or limited recourse to prevent such risks, which may occur without any affirmative notification being given to you by us.

‍No Contractual Obligations.

To the maximum extent permitted by law, we will have no contractual obligations to any third party arising from the use of dApps, Rollups or any activities relating thereto.

Conflicts of Interest. You acknowledge and agree that various Users may have conflicting interests. In such cases, neither we nor they will not be required to give priority to any person’s interests. Your only rights and remedies as a User will be those set forth in this Terms of Use.

‍Performance. The results of dApps and Rollups in connection with the Services may vary based on a number of factors, some of which may be subject to the discretion of third parties, whether upon the deployment of a dApp or Assertion, or on an ongoing basis thereafter. We do not guarantee the accuracy or reliability of such third parties’ modeling and analysis, and in no event does their modeling and analysis reliably predict or guarantee expected performance. It further does not provide assurance against risk of loss. Users are solely responsible for their own decisions in determining which, if any, Services to use, and for the configuration of the Services with respect to any dApp or Rollup. Notwithstanding the foregoing, we shall not have any liability for misconfigured or malfunctioning Services.

‍RELEASE

‍TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU HEREBY RELEASE THE COMPANY PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION WHATSOEVER, ARISING OUT OF OR RELATED TO ANY LOSS WHICH MAY BE SUSTAINED BY YOU WHILE USING, ARISING OUT OF, OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING ANY DIMUNITION OF VALUE TO OR LOSS OR THEFT OF ANY USER ASSETS. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS RELEASE IS BINDING UPON YOUR RELATIVES, SPOUSE, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, BENEFICIARIES, PARTNERS, AND ANY OTHER AFFILIATES OR INTERESTED PARTIES.To the maximum extent permissible by applicable law, you waive and relinquish any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You acknowledge that the releases in these Terms of Use are intended to be as broad and inclusive as permitted by law, and as a complete and continuous release and waiver of liability for any and all use of the Services.

‍DISCLAIMER OF WARRANTIES AND CONDITIONS.

As Is.

‍YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF SERVICES IS AT YOUR SOLE RISK, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.

THE COMPANY PARTIES MAKE NO REPRESENTATION THAT THE SERVICES WILL FUNCTION AS INTENDED OR BE SUITABLE FOR YOUR PURPOSES, AND YOU BEAR ALL RISK ASSOCIATED WITH ANY USER ASSETS, DAPPS, OR SUPPORTED BLOCKCHAINS THAT YOU USE IN CONNECTION THEREWITH.

‍THE COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (1) SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SERVICES WILL BE ACCURATE OR RELIABLE. THE COMPANY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PROTOCOL, ANY DAPP, ANY SUPPORTED BLOCKCHAIN, OR YOUR USE OF THE SAME. THE COMPANY PARTIES MAKE NO REPRESENTATION THAT THE SERVICES WILL BE FREE OF THIRD-PARTY MALWARE, HACKS, OR OTHER CYBERSECURITY BREACHES.ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS THEREFROM.THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. COMPANY MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.FROM TIME TO TIME, COMPANY MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT COMPANY’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

‍COMPANY IS NOT AN INVESTMENT OR FINANCIAL ADVISOR. NEITHER COMPANY NOR ITS SUPPLIERS OR LICENSORS SHALL BE RESPONSIBLE FOR INVESTMENT AND OTHER FINANCIAL DECISIONS, OR DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICES OR ANY WALLET. NEITHER COMPANY NOR ITS SUPPLIERS OR LICENSORS SHALL BE CONSIDERED AN “EXPERT” UNDER THE APPLICABLE SECURITIES LEGISLATION IN YOUR JURISDICTION. NEITHER COMPANY NOR ITS SUPPLIERS OR LICENSORS WARRANT THAT THIS WEBSITE COMPLIES WITH THE REQUIREMENTS OF ANY APPLICABLE REGULATORY AUTHORITY, SECURITIES AND EXCHANGE COMMISSION, OR ANY SIMILAR ORGANIZATION OR REGULATOR OR WITH THE SECURITIES LAWS OF ANY JURISDICTION.No Liability for Conduct of Third Parties.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD COMPANY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND SUPPORTED BLOCKCHAINS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. THE COMPANY PARTIES SHALL BE UNDER NO OBLIGATION TO INQUIRE INTO AND SHALL NOT BE LIABLE FOR ANY DAMAGES, OTHER LIABILITIES OR HARM TO ANY PERSON OR ENTITY RELATING TO ANY LOSSES, DELAYS, FAILURES, ERRORS, INTERRUPTIONS OR LOSS OF DATA OCCURRING DIRECTLY OR INDIRECTLY BY REASON OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL, INCLUDING WITHOUT LIMITATION THROUGH THE DEPLOYMENT OF ASSERTIONS OR USER ASSETS TO ANY DAPP OR SUPPORTED BLOCKCHAIN IN CONNECTION WITH THE SERVICES.


‍No Liability in Connection with Open-Source Software.

Notwithstanding anything to the contrary in these Terms of Use, you acknowledge and agree that any software or services you access under the terms of an OSS License (including without limitation the Protocol) is at your own risk, and we shall not be liable for any damages, other liabilities or harm to any person or entity relating to any losses, delays, failures, errors, interruptions or loss of data occurring directly or indirectly by reason of circumstances outside beyond our control, including without limitation through your use of any content under the terms of an OSS License.

‍No Liability for Third-Party Materials. As a part of the Services, you may have access to materials that are hosted or made available by another party. You agree that it is impossible for Company to monitor such materials and that you access these materials at your own risk.

‍LIMITATION OF LIABILITY.

Disclaimer of Certain Damages.

‍YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR USE OF SERVICES OR ANY COMMUNICATIONS, INTERACTIONS OR EXCHANGES WITH OTHER USERS OF SERVICES OR THIRD PARTIES THAT INTERACT WITH THE SERVICES, ON ANY THEORY OF LIABILITY, INCLUDING ANY SUCH DAMAGES RESULTING FROM: (a) LOSS OR DIMINISHMENT IN VALUE OF USER ASSETS, (b) THE USE OR INABILITY TO USE SERVICES; (c) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (e) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SUPPORTED BLOCKCHAIN; (f) ANY USE OF THE PROTOCOL, OR (g) ANY OTHER MATTER RELATED TO SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

‍Cap on Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) $100; OR (b) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES WHERE SUCH REMEDY OR PENALTY CANNOT BE WAIVED OR REDUCED PURSUANT TO THIS AGREEMENT. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY SUCH PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

‍Exclusion of Damages.

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

‍Basis of the Bargain.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.

‍MONITORING AND ENFORCEMENT.

If Company becomes aware of any possible violations by you of the Terms of Use, Company reserves the right to investigate such violations. If, as a result of the investigation, Company believes that criminal activity has occurred, Company reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Company is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including any information related to your Wallet, in Company’s possession in connection with your use of Services, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms of Use, (iii) respond to your requests for customer service, or (iv) protect the rights, property or personal safety of Company, its Users or the public, and all enforcement or other government officials, as Company in its sole discretion believes to be necessary or appropriate.

‍TERM AND TERMINATION.

Term.

The term of these Terms of Use commences on the date when you accept the Terms of Use (as described in the preamble above) and shall remain in full force and effect while you use any Services, unless terminated earlier in accordance with the terms set forth herein.

‍Prior Use.

‍Notwithstanding the foregoing, you hereby acknowledge and agree that the Terms of Use commenced on the earlier to occur of (a) the date you first used Services or (b) the date you accepted the Terms of Use and will remain in full force and effect while you use any Services, unless earlier terminated in accordance with the Terms of Use.

‍Termination of Services by Company.

Company reserves the right to terminate this Terms of Use and your access to the Services at any time, for any or for no reason, with or without notice to you.

‍Termination of Services by You.

‍If you want to terminate the Services provided by Company, you may do so by notifying Company and ceasing all further use of the Services.

‍Effect of Termination.

‍Termination of any Service includes removal of access to such Service and barring of further use of the Service. Upon termination of any Service, your right to use such Service will automatically terminate immediately. All provisions of the Terms of Use which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, indemnification and limitation of liability.

‍No Subsequent Use.

If your ability to access the Services, is discontinued by Company due to your violation of any portion of the Terms of Use, then you agree that you shall not attempt to access the Services.

‍INTERNATIONAL USERS.

‍Services can be accessed from countries around the world and may contain references to Services that are not available in your country. These references do not imply that Company intends to announce such Services in your country. Services are controlled and offered by Company from its facilities in the State of Delaware, USA. Company makes no representations that Services are appropriate or available for use in other locations. Those who access or use Services from other countries do so at their own volition and are responsible for compliance with local law.

‍DISPUTE RESOLUTION.

‍This Terms of Use and the legal relations among the parties shall be governed by, and construed and enforced in accordance with, the laws of the State of Delaware, without regard to its conflict of laws rules.Any controversy or claim brought against the Company by or on behalf of any User relating to the subject matter of this Terms of Use (“Dispute”) shall be determined and resolved exclusively by confidential, binding arbitration administered by JAMS under its Comprehensive Arbitration Rules & Procedures (the “Rules”); provided, however, that any Party to this Agreement may seek injunctive relief in aid of arbitration in order to prevent irreparable harm or preserve the status quo. A copy of the current JAMS rules can be obtained at the following website: http://www.jamsadr.com/rules-comprehensive-arbitration. The Parties to a specific dispute may agree to depart from the Rules, solely for themselves as to such Dispute, by (i) adopting new or different rules to govern the arbitration or (ii) modifying or rejecting the application of certain of the Rules. To be effective, any departure from the Rules shall require the consent of the arbitrator and shall be in writing and signed by an authorized representative of each such Party.The seat or legal place of arbitration shall be within the State of Delaware, or in such venue as may be mutually agreed by you and the Company. There shall be a single arbitrator, appointed in accordance with the Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Confidentiality of any such arbitration, including all submissions to JAMS, the arbitrator and the arbitrator’s award, shall be strictly maintained.Each Party: (i) hereby irrevocably and unconditionally submits to the jurisdiction of the arbitral tribunal and the state and Federal courts of Delaware for the purpose of any Dispute, including the enforcement of any decision of the arbitral tribunal as set forth above, (ii) agrees not to commence any Dispute except in accordance with this Agreement, including the use of binding arbitration as set forth above; and (iii) hereby waives, and agrees not to assert, by way of motion, as a defense, or otherwise, in any Dispute, any claim that it is not subject personally to the jurisdiction of the arbitral tribunal or the above-named courts, that its property is exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that this Agreement or the subject matter hereof or thereof may not be enforced in or by such court.The Parties shall have at arbitration all rights, remedies and defenses available to them in a civil action for the issues in controversy, and the arbitrator shall have the authority to award all remedies, legal and equitable, available in a civil action for the claims presented by the Parties, including the authority to award reasonable legal costs and expenses to the prevailing Party. The rights and remedies of the Parties hereto shall be cumulative (and not alternative). The Parties agree that, in the event of any breach or threatened breach you of any covenant, obligation or other provision set forth in this Agreement: (a) Company shall be entitled, without proof of actual damages and in addition to any other remedy that may be available to it, to: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) Company shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or proceeding.

EACH PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREBY OR THE ACTIONS OF SUCH PARTIES IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT HEREOF.

‍GENERAL PROVISIONS.

Electronic Communications.

The communications between you and Company may take place via electronic means, whether you visit Services or send Company e-mails, or whether Company posts notices on Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.

‍Release.

You hereby release Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms of Use or your use of Services.


‍Assignment.

‍The Terms of Use, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

‍Force Majeure.

Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.

‍Questions, Complaints, Claims.

If you have any questions, complaints or claims with respect to Services, please contact us at: support@phylax.watch. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

‍Exclusive Venue.

To the extent the parties are permitted under this Terms of Use to initiate litigation in a court, both you and Company agree that all claims and disputes arising out of or relating to the Terms of Use will be litigated exclusively in the state or Federal courts of the State of Delaware.

‍Governing Law.

THE TERMS OF USE AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.

‍Choice of Language.
‍
It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English.

‍Notice.

Where Company requires that you provide an e-mail address or other contact information, you are responsible for providing Company with your most current e-mail address. In the event that the last e-mail address you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms of Use, Company’s dispatch of the email containing such notice will nonetheless constitute effective notice. Company may also give you notice by posting such notice on the Website, and you acknowledge and agree that it is your responsibility to view the Website regularly to view any such notices. You may give notice to Company at the following address: support@phylax.watch.

‍Waiver.

Any waiver or failure to enforce any provision of the Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

‍Severability.

If any portion of this Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

‍Export Control.

You may not use, export, import, or transfer Services except as authorized by the laws of the jurisdiction in which you obtained Services, and any other applicable laws.

‍Entire Agreement.

The Terms of Use is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.