Terms of Service

Please read these Terms of Service (this "Agreement") carefully. Your use or access of the Site or the Services (as defined below) constitutes your consent to this Agreement. If you do not agree to this Agreement and all of the terms herein, you must immediately discontinue using the Site and the Services. Your continued use of the Site and the Services is your ongoing acceptance of this Agreement.

This Agreement is between you (the "User" or "You", and collectively with others using the Site, "Users") and Sovereign Projects Inc., a Delaware corporation ("Company," "we," "our" or "us" and together with you, the "Parties") concerning your use of (including access to) the Company's websites, including the website on which this Agreement is published, and any mobile applications, web applications, decentralized applications, smart contracts and APIs located at or available through any of the Company's websites (together with any materials and services available therein, and successor website(s) or application(s) thereto, the "Site"). This Agreement incorporates by reference any additional terms and conditions posted by the Company to the Site or otherwise made available to you by the Company.

IMPORTANT: This Agreement contains a mandatory individual arbitration clause and class action and jury trial waivers that require the use of arbitration by Users on an individual basis to resolve Disputes, rather than jury trials, class actions or similar group actions. The Site and the Services are only available to you and should only be used by you if you agree to these waivers.

By clicking or tapping any button or box marked "accept," "agree" or "consent" (or a similar term) in connection with this Agreement, or by accessing or using the Site or the Services, you agree to be bound by this Agreement, a current version of which is available at the Site, and which may be modified from time to time in accordance with Section 3.

1. Use of Services

1.1. Services

The Company has developed an online interface that displays certain information and provides Users access to autonomous smart contracts and to transactions of digital tokens and digital assets ("Digital Assets"). The Site provides Users access to certain decentralized technology services, products and protocols on the Ethereum blockchain and other blockchains as may be available from time to time (the "Services"), currently including: Earn (deposits into third-party yield sources and curated vault strategies); Borrow (collateralized borrowing on third-party lending protocols); Multiply (user-directed combinations of collateralized borrowing on third-party lending protocols and spot swaps that increase exposure to a chosen asset, with all borrowed and acquired assets delivered on-chain to smart accounts you own); Yield Loops (recursive deposit-and-borrow combinations on third-party protocols that increase yield exposure); Switch (moving positions between protocols or assets); Refinance and Migrate; Automations (user-configured conditional actions such as stop loss, trailing stop loss, auto take profit and auto sell); Swaps (routed through third-party swap aggregation or settlement infrastructure); and Perps (access to third-party perpetual futures protocols, currently Hyperliquid, subject to the Perpetuals restriction in Section 1.2).

The Services may require Users to pay fees, such as gas charges on the underlying networks, to perform a transaction. You acknowledge and agree that the Company has no control over User transactions, User Digital Assets, the method or amount of payment required for any User to engage in any transaction, or any payments of fees for any transactions. You must ensure that you have a sufficient balance to complete any transaction before initiating it.

The User affirms that the User is aware and acknowledges that the Company is a noncustodial provider of software services, meaning that the Company does not custody, control, or manage User funds or assets in any manner whatsoever. Positions opened through the Site are held in smart accounts (including Safe smart accounts) that the User owns and controls. The Services are deployed in a decentralized environment wherein the Services can be autonomously and directly accessed by Users without any involvement or action taken by the Company or any third party. The User acknowledges that the Company does not in any way control any of the assets or protocols displayed on the Site, which may include, without limitation, ETH, wstETH, WBTC, USDC, USDT, USDS, Aave, Morpho, Spark, Sky, Fluid, Euler, Compound, Maple, Ethena, Lido, Ether.fi, Coinbase (cbETH), Hyperliquid, Safe, Ethereum, Base or Arbitrum. The User acknowledges that the Company and its Services are entirely unaffiliated with any of these protocols, service providers or other DeFi platforms upon which Users may transact, and that display of any protocol, market, strategy, vault or asset in the Site - including any curation, tags or risk indicators - does not constitute an endorsement or recommendation.

Third-party strategy and vault managers and curators (including, without limitation, Steakhouse, Gauntlet and KPK) are independent third parties. The Company does not manage, control or guarantee any third-party strategy or vault.

1.2. Your Use of Services

As a condition to using the Site and Services, You represent and warrant to the Company that:

• You are eligible to enter into this Agreement and use the Services in accordance with Section 2 below.
• This Agreement is valid, binding on you, and enforceable against you.
• You will comply with all terms and conditions of this Agreement.
• You are not entering into this Agreement and using the Services in your capacity as a consumer.
• You will ensure that all information you provide on the Site is current, complete and accurate.
• You will maintain the security and confidentiality of access to your cryptocurrency wallet, including private keys, access credentials and hardware devices. The Company never has access to your private keys and cannot recover your wallet or assets.
• You acknowledge and agree that access to the Site is provided on an "as is" and "as available" basis only, and that the Site may from time to time be inaccessible or inoperable for any reason, including: (i) equipment malfunctions; (ii) periodic maintenance; (iii) causes beyond the Company's control or not reasonably foreseeable; (iv) disruptions or unavailability of underlying blockchain infrastructure, including supported protocols and keeper or automation infrastructure; (v) unavailability of third-party service providers or external partners for any reason.
• You acknowledge that the Site and Services may evolve or change over time, and the Company may alter, replace or discontinue them (temporarily or permanently) at any time in its sole discretion without prior notice.
• You acknowledge that the Site is provided as a tool for you to interact with third-party DeFi protocols on your own initiative, without any endorsement or recommendation of cryptoasset trading activities. No communication or information provided through the Site - including rates, projections, estimated earnings, risk indicators or historical data - constitutes investment, financial, legal or tax advice, or any form of recommendation, invitation or inducement to deal in cryptoassets.
• You acknowledge that the Company does not act as an agent for any User or for any party who may use any underlying blockchain infrastructure involved in the Services. To the extent third-party protocols offer Digital Asset rewards to you for using their services and the Company distributes such rewards, it does so solely as disclosed agent for the third-party provider.
• You are solely responsible for your use of the Site and Services, including all transactions of Digital Assets you make, and you will only transact legally obtained Digital Assets that belong to you or that you are validly authorized to use.
• You will obey all applicable domestic and international laws in connection with the Services, including anti-money laundering, anti-terrorist financing, privacy and data collection laws, and will not use the Site or Services if the laws of your country or any other applicable law prohibit you from doing so.
• You are solely responsible for reporting and paying any taxes applicable to your use of the Services, and for complying with any applicable export controls or embargoes.
• You acknowledge and agree that the Company has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any Digital Assets you transfer to or from a third party; that the Company is not responsible for ensuring that any entity with whom you transact completes the transaction or is authorized to do so; and that if you experience a problem with any Digital Assets purchased from or sold to a third party through the Services, you bear the entire risk.
• You acknowledge and affirm that You are not and have not been (a) the subject of economic or trade sanctions administered or enforced by any governmental authority; (b) otherwise designated on any list of prohibited or restricted parties (including but not limited to lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury ("OFAC"), the Office of Financial Sanctions Implementation of the UK's HM Treasury ("OFSI"), the EU's Financial Sanctions Database or the United Nations); (c) a citizen or resident of, or organized in, a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide or regional economic sanctions; (d) placed on any excluded or denied persons list by any authority; or a resident of any of the following countries or regions: Belarus, Burma (Myanmar), Burundi, Central African Republic, Congo, Côte d'Ivoire, Cuba, Iran, Iraq, Lebanon, Liberia, Libya, Mali, Nicaragua, North Korea, Russia, Somalia, South Sudan, Sudan, Syria, Crimea, Donetsk and Luhansk (Ukraine/Russia), Venezuela, Yemen, Zimbabwe ("Non-Supported Countries").
• Perpetuals restriction: the Perps features of the Site, which provide access to third-party derivatives protocols, are additionally NOT available to persons located in, resident in, or accessing the Site from the United States or its territories or the Province of Ontario, Canada, or to any other person for whom use of such features is prohibited under applicable derivatives or securities law. If you are a U.S. person, or a person located or resident in Ontario, you are prohibited from accessing or attempting to access Perps.
• You do not and will not use Virtual Private Network software, proxy servers, or any other privacy or anonymization tools or techniques to circumvent any restrictions that apply to the Services, especially those which restrict the geographical availability of the Services.
• You acknowledge and waive any claim against the Company based on changes in law, regulatory inquiries, regulatory actions, or claims that limit the Company's ability to provide access to the Site or Services. You acknowledge that at any time your access to the Site may be suspended or terminated, or there may be delays in access, which may result in your cryptocurrency assets diminishing in value or you being unable to complete a transaction; because the Services are noncustodial, restriction of Site access does not affect your on-chain ownership, and you may always interact with the underlying protocols and your smart account directly.
• You acknowledge that we use data you submit through your wallet to detect, prevent and mitigate illicit or harmful activity, and that we may share that data with blockchain analytics and sanctions-screening providers (currently including Chainalysis). We share this information with these service providers only so that they can help us promote the safety, security and integrity of the Services.

1.3. Fees

In connection with your use of the Services, you agree to bear all costs necessary to conduct a transaction, such as gas costs and network fees, which may be charged by others. The Site may attempt to provide accurate cost information, but this information is highly volatile and can change quickly. The Company may charge fees for certain transactions and positions available through the Site, including position-altering swaps (opening, closing, increasing or decreasing a position, and fee-bearing Automation executions), conversion swaps and switches, refinancing, standalone swaps, perpetual and spot order routing on third-party venues (builder fees), and spreads applied to the borrow rate of Borrow, Multiply and Yield Loop positions while they remain open. Transaction fees payable to the Company will be disclosed to you before you confirm the relevant transaction, and borrow-rate spreads are included in the net rates displayed to you in the Site. The Company's current fee schedule is published on the Site and may be changed from time to time in accordance with Section 3, provided that any change to a borrow-rate spread applies to your open positions only from the time the change is published. Fees, once incurred, are non-refundable. Independently of the Company's fees, you will bear fees, spreads, interest rates, funding rates and liquidation penalties imposed by the underlying protocols, and swap fees, slippage and price impact on trades. The Company may provide integrations with third-party service providers, and such providers may impose their own costs. Please check the details of any transaction prior to authorizing it.

1.4. Automations

Automations are executed by smart contracts pursuant to parameters you configure, monitored and triggered by keeper infrastructure. You retain full ownership of automated positions at all times. Automations are provided on a best-effort basis and are not guaranteed to execute. Execution may fail or be delayed due to, among other things, network congestion, gas price volatility, insufficient liquidity, oracle failures or latency, extreme price movements, slippage limits, keeper downtime, sequencer downtime, or blockchain reorganizations, and an automation that executes may do so at a materially different price than your configured trigger. You should not rely on Automations as your sole means of risk management, and the Company is not liable for any loss arising from the execution, non-execution or delayed execution of any Automation.

1.5. Guardians

The Site allows you to designate one or more third parties of your choosing ("Guardians") with limited, protective permissions over your smart account. Guardians are independent third parties, not employees or agents of the Company. You alone select your Guardians, verify their addresses and configure their permissions, and you are responsible for the consequences of those choices. If the Company in future surfaces any list of Guardians in the Site, such listing is not a recommendation, endorsement or guarantee of their competence, availability, honesty or performance. The Company is not liable for any act or omission of any Guardian, including any failure to act.

2. Eligibility

You affirm that you are of legal age to enter into this Agreement where you live and have the legal capacity to enter into this Agreement, to form a legally binding contract online, and that you are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement.

Services are available for your business use only. You are not allowed to enter into this Agreement and use the Services in your capacity as a consumer. If you are an individual accessing or using the Site or Services on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an "Organization"), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to "You" and "Your" refer to both the individual using the Site and any such Organization.

You represent that You are legally permitted to use the Services in your jurisdiction, including owning Digital Assets and interacting with the Services in any way; that You are responsible for ensuring compliance with the laws of your jurisdiction; and that the Company is not liable for Your compliance with such laws. You represent that neither you nor your Organization is a resident of any of the Non-Supported Countries or otherwise legally prohibited from accessing the Site or Services, and that you will not use the Services for any illegal activity.

3. Modification of Agreement and Transfer

This Agreement may be discretionarily modified or replaced at any time, unless stated otherwise herein. The most current version will be posted on the Site with the "Last Revised" date at the top. Any changes or modifications will be effective immediately upon posting. You are responsible for reviewing and becoming familiar with any modifications, and you waive any right you may have to receive specific notice of such changes. Use of the Site or Services after any modification constitutes your acceptance of the Agreement as modified. If you do not agree to the Agreement in effect when you access or use the Site or Services, you must stop using them.

You may not assign or transfer any rights or obligations under this Agreement. The Company may assign this Agreement without your prior consent to any of its affiliates, or to its successors in interest of any business associated with the Services, including in connection with a merger, reorganization, sale of assets or other transaction. The Company may, at any time and in its sole discretion, modify, suspend or discontinue all or any part of the Services, and in connection with any discontinuation may inform Users of, or provide the option to migrate to, third-party platforms or service providers; any such migration shall be voluntary and shall not constitute an assignment, transfer or novation of these Terms unless the Company expressly states otherwise, and any use of a third-party platform shall be governed solely by that third party's terms and policies.

4. No Representations and Warranties. Risks

4.1. No Representation or Warranty

You expressly understand and agree that your use of the Site and the Services is at your sole risk. WE MAKE AND EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE, THE SERVICES AND THE CODE, WHETHER PROPRIETARY OR OPEN SOURCE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, USAGE, SECURITY, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR AS TO THE WORKMANSHIP OR TECHNICAL CODING THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. WE DO NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES, CODE OR ANY RELATED INFORMATION ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE FURTHER EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING ANY THIRD-PARTY TECHNOLOGY, INCLUDING ALL BLOCKCHAIN INFRASTRUCTURE, WHICH MAY BE RELIED UPON BY USERS. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL REMAIN AVAILABLE IN ANY JURISDICTION WHERE THEY ARE CURRENTLY AVAILABLE, OR THAT THE COMPANY CAN GUARANTEE THE LEGALITY OF THE SERVICES IN ANY SPECIFIC JURISDICTION.

4.2. Disclaimer of Fiduciary Duties

To the fullest extent permitted by law and notwithstanding any other provision of this Agreement or applicable provisions of law or equity, the Parties agree to eliminate any and all fiduciary duties the Company may have to the User, its affiliates, or end users of the Services or the Site, provided that such exclusion or limitation shall not extend to the Company's misappropriation of assets or funds of its Users, or other acts or omissions that constitute a bad-faith violation of the implied contractual covenant of good faith and fair dealing.

4.3. Sophistication and Risk of Cryptographic Systems

By using the Services or interacting with the Site, you represent that you understand the inherent risks associated with cryptographic systems and blockchain-based software, including smart-contract-based tokens and systems. The Company does not own or control the underlying software or hardware through which blockchain networks operate; such networks are subject to sudden changes in operating rules ("Forks") which may materially affect the Services, and the Company assumes no responsibility for any underlying protocols, whether Forked or not. You alone are responsible for securing your private keys and access credentials; if they are lost or compromised, neither the Company nor anyone else can retrieve your Digital Assets.

4.4. Risk of Regulatory Actions

The Services, Digital Assets and the underlying technology could be impacted by regulatory inquiries or actions that could impede or limit the Company's ability to continue to develop, or your ability to access or use, the Services. The law relating to Digital Assets and blockchain remains fluid and quickly changing.

4.5. Risk of Weaknesses or Exploits in Cryptography

Cryptography is a progressing field. Advances in code cracking, or technical advances such as quantum computing, may present risks to Digital Assets and the Services that could result in theft or loss. The Company does not guarantee the security of the system.

4.6. Volatility

Blockchain technologies and Digital Assets are highly volatile due to many factors, including adoption, speculation, technology and security risks. Transaction costs on such technologies are variable and may increase at any time. The Company cannot be held liable for such fluctuations or increased costs. Positions that amplify market exposure - including Multiply and Yield Loop positions (constructed from borrowing and spot purchases, with assets held in your smart account and debt owed to the underlying protocols) and Perps positions (third-party derivatives, unavailable to U.S. and Ontario persons) - amplify losses as well as gains, and collateralized positions may be liquidated by the underlying protocols, with penalties. Displayed liquidation prices are estimates. Stablecoins, liquid staking tokens and other pegged or correlated assets may deviate from their expected value.

4.7. Application Security and Site Accuracy

You acknowledge that the Site and Services are subject to flaws and that you are solely responsible for evaluating any code provided by them. Although we intend to provide reasonably accurate and timely information, the Site may not always be entirely accurate, complete or current, and may include technical inaccuracies or typographical errors. You should verify all information before relying on it; all decisions based on information contained on the Site are your sole responsibility, and the Company shall have no liability for such decisions. No representation is made as to the accuracy, completeness or appropriateness for any particular purpose of any pricing information distributed via the Site; prices, rates, APYs and projections may be inaccurate and should not be relied upon. Oracles relied upon by the underlying protocols may be delayed, manipulated or fail.

4.8. Technical Knowledge

Any use of or interaction with the Services requires a comprehensive understanding of applied cryptography and computer science to appreciate the inherent risks. You represent and warrant that you possess relevant knowledge and skills to use the Services; if you do not, you should not use them. Any reference to a type of Digital Asset on the Site does not indicate approval, disapproval or recommendation, and should not substitute for your own understanding of the risks specific to each Digital Asset.

4.9. Financial Risks

Use of the Services, in particular for trading Digital Assets, entering positions with amplified market exposure, or entering third-party derivatives positions, may carry substantial financial risk. Digital Assets are by their nature highly experimental, risky and volatile, and transactions carried out through the Services are irreversible and final, with no refunds. You represent that you have been, are and will be solely responsible for your own independent appraisal and investigation into the risks of any transaction and the underlying Digital Assets, and that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation. You accept all consequences of using the Services, including the risk that you may lose access to your Digital Assets indefinitely. Under no circumstances will the operation of the Site or Services be deemed to create a relationship that includes the provision of business, financial, legal or investment advice.

4.10. Applicable Law and Tax

You are responsible for complying with applicable law, including tax law, and solely responsible for reporting and paying any taxes arising from your use of the Services. The Company must comply with applicable law and will respond to compulsory legal process that requires disclosure of information.

4.11. Operational Risks

You accept the risk of operational challenges, including sophisticated cyber attacks, unexpected surges in activity, and other operational or technical difficulties that may cause interruptions or delays, including in third-party systems relied upon by the Site. You agree not to hold us accountable for any related losses, and we will bear no liability for damage or interruptions caused by viruses, phishing, spoofing or other attacks. We do not guarantee that the Site will remain updated, complete, correct or secure, or that access will be uninterrupted.

5. Indemnity

You agree to release and to indemnify, defend and hold harmless the Company, as well as its officers, directors, employees, contractors, agents, affiliates, subsidiaries and representatives, from and against any and all losses, liabilities, expenses, damages, costs and expenses (including attorneys' fees, fees or penalties imposed by any regulatory authority and court costs), claims or actions of any kind whatsoever arising from or relating to: Your use of the Site or Services; Your violation of any term of this Agreement; any party's use of the Site or Services with your assistance or using any device, account, wallet or access credential (including private keys) that you control; Your violation of any law, rule or regulation or the rights of any third party; any erroneous or inaccurate price or other data transmitted by the Site or Services; any vulnerabilities or exploits of the Site, Services or any underlying technology; and any of the risks identified in Section 4, including regulatory actions, cryptographic exploits, price volatility, cybersecurity exploits, lack of requisite technical knowledge, financial risks, and changes in law, including tax laws. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which case you agree to cooperate with the Company in the defense of such matter.

6. Limitation on Liability

You acknowledge and agree that you assume full responsibility for Your use of the Site and the Services, that any information You send or receive may not be secure and may be intercepted by unauthorized parties, and that Your use of the Site and Services, including any smart contracts with which you interact, is at Your own risk.

Nothing in this Agreement limits any liability which cannot legally be limited under applicable law, including liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; and (c) any other liability that cannot be excluded or limited under applicable law.

Recognizing such, You understand and agree that, to the fullest extent permitted by applicable law, neither the Company nor any of our officers, directors, employees, contractors, agents, affiliates, subsidiaries, suppliers, licensors or related entities will be liable to You for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages of any kind, including without limitation damages for loss of profits, goodwill, use, data, Digital Assets or other tangible or intangible losses, or any other damages based on contract, tort, strict liability or any other theory (even if the Company had been advised of the possibility of such damages), resulting from: (a) the Site or Services; (b) the use of or inability to use the Site or Services; (c) unauthorized access to or alteration of Your transmissions or data; (d) statements or conduct of any third party on the Site or Services; (e) any actions we take or fail to take as a result of communications you send to us; (f) human errors or mistakes relating to content; (g) technical malfunctions or failures, including utility, internet and telephone outages; (h) omissions, interruptions, latency, deletions or defects of any device, network, provider or software; (i) any injury or damage to persons or property; (j) inability to fully access the Site or Services; (k) theft, tampering, destruction or unauthorized access to content or data of any kind; (l) typographical, printing or other errors; (m) offensive or defamatory conduct of any third party; or (n) any downtime or lack of availability of the Site or Services, or any other matter relating to them, including any damage resulting from hacking or tampering.

Under no circumstances shall the Company or any of its officers, directors, employees, contractors, agents, affiliates or subsidiaries be liable to You for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the greater of (a) the fees you paid to the Company in the twelve (12) months preceding the event giving rise to the claim, and (b) one hundred U.S. dollars (USD 100.00). This limitation of liability is an agreed contractual term and not a penalty, and applies regardless of the theory of liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain liabilities, so some of the above may not apply to You. If you are a California resident, You waive the benefits and protections of California Civil Code § 1542.

7. Open Source and Proprietary Rights

Some software used in our Services may be offered under an open-source license that we will make available to you; any such code will be available in the Company's public code repositories and licensed under the open-source license stated in the applicable repository, and you agree to abide by the terms of that license. The Company may cease to offer any software under an open-source license at its sole discretion. The Company's names, logos and trademarks - including the "Sovereign Projects" name and any product names, feature names and marks the Company adopts for the Site or Services - and the web domains and URLs are property of the Company. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access, and these terms do not grant you the right to use any branding or logos. You may not remove, obscure or alter any legal notices displayed in or along with our Services.

8. Links

The Services provide, or third parties may provide, links to other sites, applications or resources. You acknowledge that the Company may provide certain data, including wallet addresses and Service-related data as described in the Privacy Policy, to linked sites, applications and resources you choose to access. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for their availability, does not endorse them, and is not responsible or liable for any content, advertising, products or other materials on or available from them, or for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on them.

9. Termination and Suspension

The Company may terminate or suspend all or part of the Site and/or Services access immediately, without prior notice or liability, when the Company deems it appropriate in its sole discretion. The Company may limit the availability of the Site or Services to any person, geographic area or jurisdiction at its sole discretion, and may terminate any User's access at any time, including if You breach this Agreement. Upon termination, Your right to use the Services will immediately cease; because the Services are noncustodial, termination of Site access does not affect your on-chain ownership. The following provisions survive any termination: INDEMNITY; NO REPRESENTATIONS AND WARRANTIES / RISKS; LIMITATION ON LIABILITY; OPEN SOURCE AND PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD-PARTY BENEFICIARIES; ARBITRATION AND CLASS ACTION WAIVER; USE OF SERVICES.

10. No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in this Agreement, there shall be no express or implied third-party beneficiaries to this Agreement.

11. Arbitration and Class Action Waiver

11.1. Binding Arbitration

You and the Company: (a) waive your right to have any and all disputes or claims arising from or related to this Agreement or the Company (collectively, "Disputes") resolved in a court; and (b) waive your right to a jury trial. Instead, the Parties shall resolve Disputes through binding individual arbitration. This Section 11 is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. For any claims for intellectual property relief, and for any action to compel arbitration or to confirm, modify or vacate an arbitral award, the Parties agree to submit to the personal and exclusive jurisdiction of and venue in the state and federal courts located in the State of Delaware, and you agree to accept service of process by mail and waive any jurisdictional and venue defenses otherwise available.

11.2. No Class Arbitrations, Class Actions or Representative Actions

Any Dispute is personal to you and the Company and shall be brought exclusively in your independent capacity, resolved solely through individual arbitration, and not as a class arbitration, class action, private attorney general action, or any other type of representative proceeding, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

11.3. Process

The Parties will notify each other in writing of any Dispute within thirty (30) days of when it arises ("Notice of Dispute") so that the Parties can attempt, in good faith, to resolve the Dispute informally. Notice to the Company shall be sent to the legal contact address designated on the Site (the "Legal Contact Address") and must include: (1) your name, postal address and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific relief sought. If the Parties cannot agree to resolve the Dispute within thirty (30) days of the Notice, the Dispute shall be referred to and finally resolved by binding arbitration under Section 11.4. Any arbitration must be commenced within one (1) year after the Dispute arose; otherwise the claim and any relief therefor is permanently barred.

11.4. Arbitration

Any Dispute, including any question regarding the existence, validity or termination of this Agreement, which is not resolved pursuant to Section 11.3, shall be referred to and finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect (the "AAA Rules"), which rules are deemed incorporated by reference into this clause. The AAA Rules are available at www.adr.org. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Wilmington, Delaware, provided that hearings may be conducted by videoconference or, if an in-person hearing is required, at a location reasonably convenient to both Parties as determined by the arbitrator. The language of the proceedings shall be English. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that all or part of it is void or voidable, and may award any relief that a court of competent jurisdiction could award on an individual basis. Judgment on the award may be entered in any court of competent jurisdiction. Unless the parties agree otherwise, the arbitral tribunal may only conduct an individual arbitration and may not consolidate more than one individual's claims or preside over any type of class or representative proceeding.

11.5. Opt-Out

You may opt out of this Section 11 (Arbitration and Class Action Waiver) by sending written notice of your decision to the Legal Contact Address within thirty (30) days of first accessing the Site or Services, stating your name, the wallet address(es) you use with the Services, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of this Agreement.

11.6. Governing Law

This Agreement, any Dispute arising under or in relation to it, and the relationship between you and the Company shall be governed by the laws of the State of Delaware and, where applicable, the federal laws of the United States, without regard to conflict of law provisions.

12. Prohibited Use

You may not use the Site and Services to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If You are uncertain whether Your use involves a Prohibited Use, please contact us at the Legal Contact Address. By using the Site or Services, you confirm that You will not use them to do any of the following:

• Unlawful Activity: activity which would violate, or assist in violation of, any domestic or international law, statute, ordinance or regulation, or any sanctions program administered in any relevant country, including but not limited to OFAC, OFSI or the EU's Financial Sanctions Database, or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information.
• Market Abuse: engage in any transactions that would violate any applicable law regarding securities, commodities, derivatives, or the integrity of trading markets, including but not limited to market manipulation, "spoofing," "wash trading" and oracle manipulation.
• Abuse of Other Users: interfere with another individual's or entity's access to the Site or use of the Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate the legal rights of others; incite, threaten, facilitate, promote or encourage hate, racial intolerance or violent acts; harvest or collect information from the Site about others without proper consent.
• Fraud or Misrepresentation: activity which operates to defraud the Company, other Users or any other person; providing false, inaccurate or misleading information.
• Intellectual Property Infringement: engage in transactions involving items that infringe any copyright, trademark, right of publicity or privacy or any other proprietary right; unauthorized use of Company intellectual property, name or logo; any action that implies an untrue endorsement by or affiliation with the Company.
• Illegal Source of Funds: use of the Site or Services to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including terrorism or tax evasion.
• Other Prohibited Activities: attempt to disable or circumvent any security or access control mechanism of the Site or Services (including geographic restrictions and wallet screening); design or assist in designing cheats, exploits, hacks or unauthorized third-party software to modify or interfere with the Services (excepting automation software operating in the ordinary course of using the Services that does not cause disruption or harm); institute or become involved in any attack, including distribution of a virus, attacks upon the Services or the Site, or attempts to gain unauthorized access to or disrupt any of the above; harass, abuse or harm another person or entity, including our employees and service providers; impersonate another user or misrepresent yourself; take any action that imposes an unreasonable or disproportionately large load on our infrastructure; detrimentally interfere with, intercept or expropriate any system, data or information; or induce or encourage any third party to engage in any conduct prohibited by this Agreement.

13. General Information

13.1 Entire Agreement. This Agreement (and any additional terms, rules and conditions of participation, the Privacy Policy and any Cookie Policy posted on the Site) constitutes the entire agreement with respect to the Services and supersedes any prior agreements, oral or written. In the event of a conflict between this Agreement and additional posted terms, the latter will prevail to the extent of the conflict, except for the surviving provisions listed in Section 9.

13.2 Waiver and Severability. The failure of any entity to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision is found by an arbitrator or court of competent jurisdiction to be invalid, the parties agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions shall remain in full force and effect; provided that if the class action waiver in Section 11.2 is found unenforceable as to a particular claim, then Section 11 shall not apply to that claim, which shall be litigated exclusively in the courts identified in Section 11.1.

13.3 Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Site must be filed in arbitration consistent with Section 11 within one (1) year after such claim or cause of action arose or be forever barred.

13.4 Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

13.5 Privacy and Transparency. The Company respects the privacy of Users. The Services are autonomously performed on blockchains, which are inherently transparent and available to the Company and any third parties; this includes blockchain addresses, records of current and historical transactions, their volume, prices and other data related to Digital Assets and the Services. The Company will treat any information about you in accordance with its Privacy Policy, which is incorporated herein by reference. You are asked to read the Privacy Policy before you use the Site or Services; if you are unwilling to accept it, please do not use, or immediately discontinue use of, the Site and Services.

13.6 Conflict or Inconsistencies. In the event of any conflict or inconsistency between these Terms of Service and any non-English translation, the English terms shall control.

13.7 Communications. The Company may use collected data, as addressed in the Privacy Policy, to communicate with you regarding the Services. You acknowledge that you do not provide the Company with contact details when accessing the Site or Services, that the Company does not routinely hold information that would enable it to connect specific Users to specific contact details, and that the Company is under no obligation to contact you in relation to your specific transactions, Digital Assets, or anything else related to your specific use of the Site or Services.

13.8 Electronic Communications. You consent to receive communications from the Company electronically, including by posting on the Site, and agree that all agreements, notices, disclosures and other communications provided electronically satisfy any legal requirement that such communications be in writing.

13.9 Contact. Questions about this Agreement may be directed to Sovereign Projects Inc. at the Legal Contact Address, which is published on the Site and may be updated from time to time.