Acceptance of the Terms of Use

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), are entered into between you and Hathor Labs (“Company”, “we”, “us” and their variants, including “our” and “ours”), and govern your access to and use of hathor.network (the “Website”), including any content, functionality, and services offered on or through the Website, our proprietary blockchain platform (the “Hathor Network”), any software development kits (“SDKs”), application programming interfaces (“APIs”), and other software or tools we may make available in connection with the Hathor Network, including command line tools, documentation, software (including smart contracts) and other tools to allow such select users to create new front-ends or integrations with the Hathor Network, as well as any software made available by Company to enable users to operate as Node Providers (collectively, with the SDKs and the APIs, the “Developer Tools”), your use or trading of our native digital assets on the Hathor Network (the “HTR Token”), any digital wallet (either offered as a mobile application or through the web) made available by Company for holding, storing, tracking, trading, transferring, or managing supported digital assets (the “Wallet”), the Hathor software functionality that enables users to transfer or otherwise interact with digital assets or data across Ethereum-compatible blockchain (the “Hathor Bridge”), and any other related services, content and features, including those enabling you to act as a Node Provider (all of the foregoing, collectively, the “Services”), excluding any third-party materials, content, or technology.

If the user engages with the Services under authority from a different party or on another party’s behalf, then “you” (and its variants, including “your”) as used herein refers to that person on whose behalf the Services are used (e.g., an employer). If the person engaging with our Services is an individual, acting in their own individual capacity, then “you” refers to that individual. If you have anyone using the Services on your behalf, you agree that you are responsible for the actions and inactions of all such persons as if they were your own.

Please read the Terms of Use carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, including our Privacy Policy, which is incorporated herein by reference. If you do not want to agree to these Terms of Use or any part thereof, you must not access or use the Services.

Restricted Persons and Jurisdictions

THE SERVICES WERE NOT DEVELOPED FOR, AND ARE NOT OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE OR PRINCIPAL PLACE OF BUSINESS IN ANY RESTRICTED JURISDICTION OR COUNTRY SUBJECT TO ANY SANCTIONS OR RESTRICTIONS PURSUANT TO ANY APPLICABLE LAW, INCLUDING THE CRIMEA REGION, CUBA, IRAN, NORTH KOREA, SYRIA, RUSSIA, OR ANY OTHER COUNTRY TO WHICH THE UNITED STATES, THE UNITED KINGDOM, THE EUROPEAN UNION OR ANY OTHER JURISDICTION EMBARGOES GOODS OR IMPOSES SIMILAR SANCTIONS, OR ANY JURISDICTIONS IN WHICH THE TRANSACTING OF CRYPTOCURRENCIES IS PROHIBITED OR RESTRICTED IN ANY FORM OR MANNER (COLLECTIVELY, THE “RESTRICTED JURISDICTIONS” AND EACH A “RESTRICTED JURISDICTION”), OR ANY PERSON OWNED, CONTROLLED, LOCATED IN OR ORGANIZED UNDER THE LAWS OF ANY RESTRICTED JURISDICTION OR AFFILIATED WITH ANY SUCH PERSON, ANY PERSON LISTED ON ANY SANCTIONS LIST MAINTAINED BY THE UNITED STATES, THE UNITED KINGDOM, THE EUROPEAN UNION OR ANY OTHER JURISDICTION, OR A RESIDENT OF OR LOCATED IN ANY COUNTRY OR JURISDICTION THAT RESTRICTS ACCESS TO OR PROHIBITS USE OF DIGITAL ASSETS OR CRYPTO CURRENCIES (COLLECTIVELY, “RESTRICTED PERSONS”). THERE ARE NO EXCEPTIONS. IF YOU ARE A RESTRICTED PERSON OR LOCATED IN A RESTRICTED JURISDICTION, THEN DO NOT USE OR ATTEMPT TO USE THE SERVICES. USE OF ANY TECHNOLOGY OR MECHANISM, SUCH AS A VIRTUAL PRIVATE NETWORK, TO CIRCUMVENT OR ATTEMPT TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS STRICTLY PROHIBITED.

BY USING THE SERVICES, YOU REPRESENT THAT (A) YOU ARE NOT A RESTRICTED PERSON; AND (B) YOU (INCLUDING, IF APPLICABLE, YOUR INDIVIDUAL OWNERS, REPRESENTATIVES, EMPLOYEES, OR ANY OTHER PERSON WITH ACCESS TO YOUR ACCOUNT) WILL NOT COORDINATE, CONDUCT OR CONTROL (INCLUDING BY, IN SUBSTANCE OR EFFECT, MAKING DECISIONS WITH RESPECT TO) YOUR USE OF THE SERVICES FROM WITHIN ANY RESTRICTED JURISDICTION.

THE EXISTENCE OR ABSENCE OF ANY GEOGRAPHIC OR IP RESTRICTIONS ON ACCESS TO THE SERVICES DOES NOT CONSTITUTE A STATEMENT BY COMPANY REGARDING THE LEGALITY OF YOUR USE OF THE SERVICES IN ANY JURISDICTION, AND YOU REMAIN SOLELY RESPONSIBLE FOR ENSURING YOUR COMPLIANCE WITH ALL APPLICABLE LAWS.

YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOU ARE NOT PERMITTED TO MODIFY, DISASSEMBLE, DECOMPILE, ADAPT, ALTER, TRANSLATE, REVERSE ENGINEER OR CREATE DERIVATIVE WORKS OF THE SERVICES TO MAKE THEM AVAILABLE TO ANY RESTRICTED PERSON OR IN ANY RESTRICTED JURISDICTION.

NEITHER WE NOR OUR SERVICE PROVIDERS ARE RESPONSIBLE FOR ANY ACTIVITIES THAT YOU ENGAGE IN WHEN USING ANY ONLINE SERVICES OR BLOCKCHAIN TECHNOLOGIES NOT PROVIDED BY US.

These Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Arbitration section below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Services.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Services and Account Security

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may also restrict access to some parts of the Services, or the entire Services, by any user in our discretion.

You are responsible for:

• Making all arrangements necessary for you to have access to the Services.

• Ensuring that all persons who access the Services on your behalf are aware of these Terms of Use and comply with them.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information, and you may be required to connect your digital wallet. You represent and warrant to us that you have permission to connect this digital wallet and use the funds therein. You are responsible for the use of your funds once you connect your wallet, and for any actions of anyone who uses your digital wallet credentials to log into and use the Services.

You agree to notify us immediately of any unauthorized access to or use of your user name, password, wallet address, or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your seed phrase, keys, password, or other sensitive information.

It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with these Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We have the right to disable any user name, password, wallet address, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; (b) posting of your transactions on the blockchain, which is available for the public to see; and (c) changes to conform and adapt to technical requirements of connecting networks or devices.

We are not responsible for securing your seed phrase or keys if you lose them, if someone steals them from you, or if someone obtains access to them somehow (whether in transit to you, or from your systems or networks, or because you otherwise misplaced them or disclosed them). You acknowledge that if someone has your keys or seed phrase, they have the ability to transfer your digital assets outside your control, and that you may be unable to trade or make use of them. It is your responsibility to establish a means for recovering your seed phrase and keys. We do not have access to or store your keys or seed phrases, so we cannot assist you in recovering your seed phrases, keys, or digital assets if they are lost or stolen, or if the backup or security measures that you have established are compromised.

Use of the Services and Fees

The Services provide access to the Hathor Network. Company may offer interfaces to interact with the protocol. The Services may allow you to deploy, call, or otherwise interact with smart contracts. The Services may enable users to create, issue, mint, burn, or otherwise manage tokens, fungible and non-fungible, and other digital assets on the Hathor Network.

Company may, from time to time, issue, distribute, or otherwise make available the HTR Token for your use. The HTR Token is intended solely to facilitate certain functionality within the Services or the Hathor Network and does not represent or confer any ownership interest, right to profits, equity, or governance participation in Company or any other entity. The HTR Token may fluctuate in price and value, which may be volatile or unpredictable, and you acknowledge and agree that Company does not guarantee, represent, or warrant the current or future value, liquidity, availability, or marketability of the HTR Token. Company does not control secondary markets for the HTR Token and does not guarantee that any market for the HTR Token will exist or remain available at any time. You further acknowledge that you bear all risk of loss associated with acquiring, holding, and/or using the HTR Token.

The Hathor Bridge facilitates the transfer of assets, tokens, or data between the Hathor Network and Ethereum-compatible networks using smart contracts deployed on both networks. Use of the Hathor Bridge may involve the locking, minting, burning, or releasing of digital assets across independent blockchains, each governed by its own consensus mechanism and subject to unique operational, performance, and security risks. Company does not control or guarantee the operation, availability, or security of any third-party bridge component. Transactions executed through the Hathor Bridge are generally irreversible once confirmed on the applicable blockchain. You acknowledge and agree that you bear all risks of loss associated with the use of the Hathor Bridge, including but not limited to potential contract vulnerabilities, network congestion, validator or relayer failure, and loss of value or access to tokens.

The Services may contain web interfaces or blockchain explorers that display network data and allow users to submit transactions or interact with smart contracts. Data shown is sourced from public network activity and may be delayed, incomplete, or inaccurate. The availability of a transaction, a contract method, or a token balance in an interface does not constitute an endorsement or a recommendation by Company. Company may modify, suspend, or discontinue any interface or any data feed at any time.

You are solely responsible for the design, characteristics, and legal compliance of any tokens or assets you create or manage, including with respect to securities, commodities, money transmission, sanctions, consumer protection, tax, and advertising laws. Company does not endorse or guarantee any user created token or asset and has no obligation to monitor or police their use.

We may, in our discretion, impose fees for access to or use of certain functionality within the Services. Fee amounts and structures may change at any time without prior notice, and the precise fee applicable to a particular transaction may not be disclosed in advance. Third party protocols, blockchain networks, or service providers, including wallet providers and network validators, may impose additional fees, such as gas or transaction fees, which are your sole responsibility and may not be disclosed to you up front.

You also understand that certain components of our infrastructure may be provided by Node Providers (as defined below). You acknowledge and accept the risk that Node Providers may not be under Company’s control and may act independently (or fail to act in a manner you might prefer or expect).

Company makes available to certain users access to the Developer Tools. You may use the Developer Tools solely to build applications that interact with the Services in accordance with these Terms of Use and any applicable software documentation, as we may amend from time to time. Subject to and conditioned on your compliance with these Terms of Use, we hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use our Developer Tools solely for your internal business purposes in developing your front-end application that interoperates with the Hathor Network (the “Application”). We reserve all rights that are not expressly granted. The Developer Tools contain smart contracts, which are self-executing code that can be irreversible once called. You are solely responsible for reviewing and testing any smart contract before use. You acknowledge and agree that Company is not obligated to provide any support or maintenance for the Developer Tools. You acknowledge and agree that we may update or modify the Developer Tools from time to time and at our sole discretion (each, an “Update”). Updates may adversely affect how your Application communicates with the Hathor Network, and you are solely responsible for ensuring that your Application continues to operate after such changes are made. You acknowledge and agree that certain components used in the Developer Tools may be made available under open source licenses. To the extent of any conflict between these Terms of Use and an applicable open source license, the license will control with respect to the open source component only. You are responsible for complying with all license notices and attribution requirements contained in open source licenses.

WE DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ANY APPLICATION CREATED, UPLOADED, OR MADE AVAILABLE BY ANY USER, AND ACTIONS TAKEN OR INACTIONS BY NODE OPERATORS. WE DO NOT UNDERTAKE TO REVIEW, TEST, CONFIRM THE ACCURACY, COMPATIBILITY, SECURITY, LEGAL COMPLIANCE, OR EFFECTIVENESS OF, OR OTHERWISE MONITOR, ANY NODE OPERATOR (OR THE STATE OF THEIR EQUIPMENT OR SYSTEMS), ANY APPLICATION OR CODE CREATED USING THE DEVELOPER TOOLS OR INTERFACING WITH THE SERVICES. WE HAVE NO LIABILITY FOR, AND HEREBY DISCLAIM ANY AND ALL WARRANTIES RELATING TO FOREGOING.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL HAVE NO LIABILITY FOR, AND YOU HEREBY RELEASE AND HOLD COMPANY, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, AND DIRECTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, DEMANDS, FEES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ AND LEGAL FEES (COLLECTIVELY, “CLAIMS”) ARISING OUT OF OR RELATING TO: (A) YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR ANY INTERFACES PROVIDED BY COMPANY; (B) ANY SMART CONTRACTS, WHETHER DEPLOYED, CALLED, OR OTHERWISE INTERACTED WITH THROUGH THE SERVICES; (C) YOUR USE OR TRADING OF THE HTR TOKEN OR ANY FLUCTUATION IN ITS VALUE; (D) ANY TOKENS OR OTHER DIGITAL ASSETS YOU CREATE, ISSUE, MINT, BURN, OR MANAGE THROUGH THE SERVICES OR THE HATHOR NETWORK; (E) YOUR USE OF, OR ANY TRANSACTIONS CONDUCTED THROUGH, THE HATHOR BRIDGE, INCLUDING ANY LOSS OF OR INABILITY TO ACCESS DIGITAL ASSETS, OR ANY FAILURE, DELAY, OR MALFUNCTION OF ANY ASSOCIATED NETWORK OR CONTRACT; (F) ANY INACCURACIES, DELAYS, ERRORS, OR OMISSIONS IN DATA DISPLAYED THROUGH THE SERVICES, OR TOOLS PROVIDED BY COMPANY; (G) ANY MODIFICATION, SUSPENSION, OR DISCONTINUATION OF THE SERVICES OR ANY COMPONENT THEREOF; (H) ANY FAILURE OF SMART CONTRACTS OR OTHER CODE TO FUNCTION AS EXPECTED, INCLUDING ANY IRREVERSIBLE OR UNINTENDED EFFECTS; (I) ANY LOSS OF TOKENS, DIGITAL ASSETS, OR DATA RESULTING FROM TRANSACTIONS SUBMITTED THROUGH THE SERVICES; (J) YOUR FAILURE TO COMPLY WITH ANY APPLICABLE LAWS, REGULATIONS, OR THIRD-PARTY TERMS, INCLUDING THOSE RELATING TO SECURITIES, COMMODITIES, MONEY TRANSMISSION, SANCTIONS, CONSUMER PROTECTION, TAX, OR ADVERTISING; (K) ANY FEES, WHETHER CHARGED BY COMPANY OR ANY THIRD PARTY, IN CONNECTION WITH YOUR USE OF THE SERVICES; (L) THE ACTIONS OR INACTIONS OF ANY NODE PROVIDER; (M) YOUR USE OF THE DEVELOPER TOOLS, INCLUDING IF YOU CANNOT ACCESS THEM OR IF UPDATES ARE MADE; (N) ANY APPLICATION YOU DEVELOP OR MAKE AVAILABLE; OR (P) ANY OPEN SOURCE COMPONENTS OR THIRD-PARTY CODE INCLUDED IN OR USED IN CONNECTION WITH THE SERVICES.

Node Providers

If you elect to do so, you may cause your computing devices to become part of the Hathor Network’s decentralized infrastructure (you will then be referred to herein as a “Node Provider”). In order to serve as a Node Provider, you will need to download certain Developer Tools.

We hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Developer Tools required for becoming a Node Provider for the sole purpose of serving as such. By engaging in any activity as a Node Provider, you automatically authorize us to use your devices and hardware as part of the Hathor Network’s infrastructure. We may, in our sole discretion and at any time without notice, grant, deny, or revoke your role as a Node Provider.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL HAVE NO LIABILITY FOR, AND YOU HEREBY RELEASE AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS ARISING OUT OF OR RELATING TO (A) YOUR DEVICES, HARDWARE, AND EQUIPMENT WHICH MAY RESULT FROM YOU SERVING AS A NODE PROVIDER; OR (B) OUR DECISIONS REGARDING YOUR, OR ANY OTHER USER’S, ABILITY TO SERVE OR NOT SERVE AS A NODE PROVIDER.

Digital Wallet

As part of the Services, we may provide users use of a Wallet. The Wallet allows users, among other things, to manage their digital assets, link to applications, including decentralized exchanges, swap digital assets with other users on the Hathor Network or other networks.

The Wallet is entirely non-custodial. Company does not have access to, store, or retain copies of your private keys, seed phrases, passwords, or other credentials associated with your Wallet, and cannot recover or restore them if lost, forgotten, or compromised. You are solely responsible for maintaining the confidentiality, security, and integrity of your keys and Wallet credentials. If you lose access to your keys or Wallet, you may permanently lose access to your digital assets, and Company cannot help you recover them. You acknowledge and agree that we do not hold or have custody over, or have any responsibility for or control over your keys. We cannot access your wallet, execute transactions on your behalf, reverse any transaction, or freeze any digital assets. All transactions conducted through your wallet are final and irreversible once confirmed on the blockchain.

You also acknowledge that when engaging in transactions using your Wallet, you may be charged fees, either by us or by third party networks. We may not notify you what those fees are prior to engaging in a transaction, and we do not control third-party fees imposed. However, even if not notified in advance, it is your responsibility to pay such fees, including gas fees. You are solely responsible for ensuring that you have sufficient funds to cover all applicable fees, and Company will not be liable for any failed or delayed transactions resulting from insufficient funds, fee estimation errors, or changes in third-party fee structures.

Your Wallet is intended solely for use of supported digital assets as designated on the Services (“Supported Digital Assets”), and may not allow you to trade or manage any other assets.

IF UNSUPPORTED DIGITAL ASSETS ARE TRANSFERRED INTO YOUR WALLET, WHETHER BY YOU OR BY OTHERS, EVEN IF BY ACCIDENT, YOU MAY BE UNABLE TO MOVE THEM OUT OR TRADE THEM, WHICH MEANS THEY MAY BE LOST PERMANENTLY. YOU ASSUME ALL RISK ASSOCIATED WITH TRANSFERRING NON-SUPPORTED ASSETS INTO THE WALLET. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE MAY CHANGE THE LIST OF SUPPORTED DIGITAL ASSETS AT ANY TIME IN OUR DISCRETION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL HAVE NO LIABILITY FOR, AND YOU HEREBY RELEASE AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS ARISING OUT OF OR RELATING TO (A) YOUR LOSS OR COMPROMISE OF PRIVATE KEYS, SEED PHRASES, OR OTHER CREDENTIALS; (B) UNAUTHORIZED ACCESS TO OR USE OF YOUR WALLET RESULTING FROM YOUR FAILURE TO SECURE YOUR CREDENTIALS OR DEVICES; (C) ANY DIGITAL ASSETS OTHER THAN SUPPORTED DIGITAL ASSETS THAT ARE TRANSFERRED INTO YOUR WALLET BY YOU OR BY OTHERS; (D) CHANGES TO OUR LIST OF SUPPORTED DIGITAL ASSETS; (E) ANY FEES, COSTS, OR CHARGES IMPOSED BY THIRD-PARTY PROTOCOLS, BLOCKCHAIN NETWORKS, OR SERVICE PROVIDERS, INCLUDING GAS OR TRANSACTION FEES; (F) ANY ERRORS, FAILURES, OR DELAYS IN THE CALCULATION, ESTIMATION, OR PAYMENT OF SUCH FEES; OR (G) YOUR USE OF, OR INABILITY TO USE, ANY DECENTRALIZED OR PERMISSIONLESS SMART CONTRACTS OR THIRD-PARTY SERVICES IN CONNECTION WITH THE SERVICES.

Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Company, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

User Contributions are also protected by applicable laws, and you do not have the right to download, copy, or use them in any way without the consent of the user who posted them.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM, to the extent necessary and incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from the Services.

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from these Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

Company’s name, Company’s logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

• In any way that violates any applicable law or regulation (including, without limitation, any laws regarding the export of data or software to and from one jurisdiction to another).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Company or users of the Services or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.

• Use any content available on or via the Services, any portion thereof, or any output generated, for training any machine learning or artificial intelligence tool, software, or platform.

• Use any content available on or via the Services, any portion thereof, or any output generated, for the purpose of identifying a specific individual or extracting personal information.

• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

• Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Services.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.

• Copy, mirror, or otherwise attempt to replicate or reproduce the Services.

• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Services.

• Engage in, promote, or facilitate money laundering, terrorist financing, sanctions evasion, or any other unlawful financial activity.

• Violate or circumvent any legally imposed compliance measures implemented by Company.

• Transact on behalf of, or for the benefit of, any Restricted Person or any person or entity located in a Restricted Jurisdiction.

• Use the Services as a mixer, tumbler, anonymization tool, or any other mechanism to obscure or disguise the source or destination of digital assets.

• Circumvent or attempt to circumvent any access controls, geo-blocking, or wallet restrictions implemented by Company, including by using virtual private networks, proxy servers, or false identifying information.

• Create, promote, or interact with any digital assets relating to unlawful, deceptive, or harmful conduct, or to activities that would require Company to register or obtain a license under securities, derivatives, or gaming laws.

• Engage in coordinated, collusive, or deceptive trading activity, including wash trading, spoofing, front-running, or any conduct intended to mislead or distort event results.

• Use or attempt to use another user’s wallet or credentials without authorization or access the Services through unauthorized integrations or smart-contract calls.

• Introduce, deploy, or interact with any smart contract or code designed to extract data or assets from other users or from the Services without consent.

• Exploit or attempt to exploit any vulnerability, bug, or malfunction in the Services or any Application or digital assets for personal gain.

• Use the Services for fundraising, staking pools, or token sales not expressly authorized by Company.

• Collect, harvest, or attempt to collect wallet addresses, transaction data, or personal information from other users.

• Attempt to deanonymize or re-identify any user or participant from blockchain data.

• Provide false, inaccurate, or misleading information during registration, verification, or interaction with the Services.

• Engage in any activity that, in Company’s sole judgment, poses a risk of legal liability, regulatory exposure, reputational harm, or disruption to the integrity or operation of the Services.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the safety of users of the Services or the public, or could create liability for Company.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take legal action, including without limitation, referral to law enforcement, for any action we believe is illegal or constitutes unauthorized use of the Services.

• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, if we believe you have engaged in any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

However, we do not undertake to review all material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL HAVE NO LIABILITY FOR, AND YOU HEREBY RELEASE AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS ARISING OUT OF OR RELATING TO ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

User Contributions

The Services may provide the ability to upload, display, post, use, submit, publish, or transmit content or materials, including by adding these to non-fungible tokens you create on the Services (collectively, “User Contributions”). All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions or have the legal right to use the User Contributions and to grant the license granted above.

• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL HAVE NO LIABILITY FOR, AND YOU HEREBY RELEASE AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR USER CONTRIBUTIONS, INCLUDING ANY CLAIM THAT SUCH USER CONTRIBUTIONS INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY THIRD PARTY.

Content Standards

These content standards (the “Content Standards”) apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

• Contain any trademarks, logos or other material belonging to a third party without such party’s prior explicit consent.

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

• Impersonate any person or misrepresent your identity or affiliation with any person or organization.

• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.

• Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

• Contain any statement or representation that is false, misleading, or deceptive.

• Include or imply any statement of expected financial return, investment performance, or guaranteed outcome related to participation in any digital asset or other activity on the Services.

• Provide instructions or encouragement to circumvent laws, sanctions, or technical restrictions, including access controls or geo-blocking implemented by Company.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. We reserve the right, but do not undertake the obligation, to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

These Services include content provided by third parties. All statements and/or opinions expressed in these materials, other than the content provided by Company, are solely the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY THIRD-PARTY MATERIALS, INCLUDING ANY APPLICATION, INFORMATION, PROTOCOLS, NETWORKS, INFRASTRUCTURE, RESOURCES, APPLICATIONS, DATA, CONTENT OR SERVICES, EVEN IF AVAILABLE ON, THROUGH, OR FROM THE SERVICES. WE HAVE NO RESPONSIBILITY FOR, NO CONTROL OVER, AND MAKE NO GUARANTEES WITH RESPECT TO, THE QUALITY, SECURITY, ACCURACY, RELIABILITY, OR UPTIME OF SUCH THIRD-PARTY MATERIALS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL HAVE NO LIABILITY FOR, AND YOU HEREBY RELEASE AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF SUCH ITEMS.

Transaction Refusal and Suspected Fraud

If we believe that you have engaged in or been a participant in any fraudulent transaction, or any action that is unauthorized or illegal, we reserve the right to take any action we think appropriate, including refusing any transaction, to the extent possible, and forwarding your information and information about the applicable transactions to applicable law enforcement authorities. However, we do not undertake review of all transactions and are not responsible if any such fraud or illegal conduct occurs. You understand and agree that we are not involved in any actual transaction between users and does not influence or induce any party to enter into a transaction on the Services.

No Financial or Investment Advice

You understand that we do not act as your financial advisor, investment manager, arranger, introducer, or commodity trading advisor, or give you any investment advice of any kind with respect to any digital asset you choose to create, transact, or otherwise interact with, or use in connection with the Services. As with any activity involving digital assets, it is your responsibility and you are solely responsible for your decisions regarding how, when, and with whom you interact or transact through the Services. It is also your responsibility to ensure you understand digital assets, how they work, what their value is, and the risks involved in using or interacting with smart contracts, as there are significant risks in doing so, all of which you solely assume.

We may suspend or cancel your use of the Services for any reason, including if we believe you have engaged in or are about to engage in any kind of fraud, if required pursuant to applicable laws, or if you violate these Terms of Use. We may provide you with notice of suspension but do not undertake an obligation to do so.

You agree and understand that all decisions you make on the Services are made solely by you. You agree and understand that under no circumstances will the operation of our Services or your use of them be deemed to create a relationship that includes the provision of or tendering of investment advice. NO FINANCIAL, INVESTMENT, TAX, LEGAL, OR SECURITIES ADVICE IS GIVEN THROUGH OR IN CONNECTION WITH THE SERVICES. No content found on our Services, whether created by us, our service providers, our business partners, or another user, is or should be considered investment advice. You agree and understand that we accept no responsibility whatsoever for, and shall in no circumstances be liable in connection with, your decisions or your use of the Services.

Risks

You are solely responsible for any transactions or interactions you initiate on the Services, and for all fees that you may incur as a result of your use of the Services, or digital assets. Digital assets are not legal tender and are not backed by any government. Digital assets are not subject to government investor or funds protection programs offered by governmental bodies. We are not a bank, and we have no fiduciary duty to you.

We make no guarantee as to the functionality, reliability, or continued availability of any Application or blockchain network that may affect your ability to interact with or complete a transaction through the Services. Blockchain networks and smart contracts may be subject to bugs, delays, forks, vulnerabilities, or other operational issues that could cause you to lose access to your digital assets.

Digital assets and use of our Services may be subject to expropriation, theft, or unauthorized access. Hackers or other malicious actors may attempt to interfere with our Services or your use thereof in a variety of ways, including, but not limited to, use of malware, denial of service attacks, Sybil attacks, and spoofing.

We do not guarantee that our Services will be available without interruption. The information on our Services may not always be entirely accurate, complete, or current. Information on the Services may be changed or updated from time to time without notice, including information regarding our policies and the Services. Accordingly, you should verify all information before relying on it. ALL DECISIONS YOU MAKE BASED ON INFORMATION PROVIDED THROUGH THE SERVICES ARE YOUR SOLE RESPONSIBILITY.

You are solely responsible for ensuring that your access to and use of the Services, including use of any Application or digital asset, complies with all laws, regulations, and restrictions applicable to you and your jurisdiction.

WE WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES IN CONNECTION WITH YOUR USE OF THE SERVICES, THE HTR TOKEN, OR YOUR USE OF ANY APPLICATION OR DIGITAL ASSET TRANSACTION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE RISKS SET FORTH IN THIS SECTION.

WE DO NOT WARRANT THAT THE SERVICES WILL BE COMPATIBLE WITH YOUR HARDWARE, SOFTWARE, OR NETWORK CONFIGURATION, OR THAT THEY WILL FUNCTION WITHOUT INTERRUPTION OR ERROR ON ANY PARTICULAR DEVICE, OPERATING SYSTEM, OR CARRIER. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR HARDWARE AND NETWORK MEET ALL TECHNICAL REQUIREMENTS FOR ACCESSING AND USING THE SERVICES.

YOU ACKNOWLEDGE THAT BLOCKCHAIN TECHNOLOGY IS SUBJECT TO RAPID CHANGE AND EVOLUTION, AND THAT FUTURE TECHNOLOGICAL DEVELOPMENTS, REGULATORY CHANGES, OR CYBERSECURITY EVENTS MAY IMPACT THE FUNCTIONALITY, SECURITY, OR VALUE OF DIGITAL ASSETS, SMART CONTRACTS, OR THE SERVICES THEMSELVES. COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL REMAIN AVAILABLE OR COMPATIBLE WITH ANY FUTURE BLOCKCHAIN NETWORKS OR PROTOCOLS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL HAVE NO LIABILITY FOR, AND YOU HEREBY RELEASE AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS ARISING OUT OF OR RELATING TO (A) YOUR USE OF THE SERVICES, YOUR USE OF ANY APPLICATION, AND YOUR TRANSACTIONS INVOLVING DIGITAL ASSETS; (B) THE DECISIONS YOU MAKE BASED ON INFORMATION PROVIDED THROUGH THE SERVICES; OR (C) YOUR USE OF THE SERVICES, THE HTR TOKEN, OR YOUR USE OF ANY APPLICATION OR DIGITAL ASSET TRANSACTION.

Taxes

You are solely responsible for determining and fulfilling any tax obligations that may arise from your use of the Services, including use of any Application and any transactions involving digital assets. Company does not provide tax advice and makes no representation as to the tax treatment of any transaction or digital asset activity. It is your responsibility to report and remit any taxes, duties, or similar assessments that may be imposed by any governmental authority, and to maintain accurate records as required by applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL HAVE NO LIABILITY FOR, AND YOU HEREBY RELEASE AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR FAILURE TO SATISFY ANY TAX OBLIGATIONS ASSOCIATED WITH YOUR USE OF THE SERVICES OR ANY APPLICATION.

Changes to the Services

We may update the content on the Services from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Services

All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Other Terms and Conditions

Additional terms and conditions may apply to specific portions, services or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Services and Social Media Features

You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Services may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Services.

• Send emails or other communications with certain content, or links to certain content, on the Services.

• Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.

• Cause the Services or portions of them to be displayed on, or appear to be displayed by any other site, for example, framing, deep linking, or in-line linking.

• Link to any part of the Services other than the homepage.

• Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Services

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

We make no claims that the Services or any of their content is accessible or appropriate in your country. Access to the Services may not be legal by certain persons or in certain countries. You access the Services on your own initiative and are responsible for compliance with your local laws.

Disclaimer of Warranties and Limitation on Liability

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection, accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL OF SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY, IMPLIED OR OTHERWISE. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE INDEMNIFIED PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY APPLICATIONS, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY OR ANY OF THE INDEMNIFIED PARTIES HEREUNDER ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE SERVICES EXCEED ONE HUNDRED CAYMAN ISLAND DOLLARS (CI$100).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Indemnified Parties from and against any Claims arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, such Claims arising in connection with or related to your User Contributions, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services.

Governing Law and Mandatory Arbitration

All matters relating to the Services and these Terms of Use and any dispute or Claim arising therefrom or related thereto (in each case, including non-contractual disputes or Claims), shall be governed by and construed in accordance with the internal laws of the Cayman Islands without giving effect to any choice or conflict of law provision or rule (whether of the Cayman Islands or any other jurisdiction). All such disputes, Claims and controversies arising hereunder, including regarding breach, termination, enforcement, interpretation, or validity thereof (and including the determination of the scope or applicability of this arbitration provision) shall be resolved by final and binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures (the “Rules”) then in effect. The arbitration shall be conducted in George Town, Grand Cayman, Cayman Islands, before a single arbitrator selected in accordance with the Rules. Judgment on the award may be entered in any court having jurisdiction. Each party shall bear its own costs and attorneys’ fees, and the parties shall share equally the arbitrator’s fees and JAMS administrative fees, unless the arbitrator determines otherwise.

THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Company of any term or condition set out in these Terms of Use or other legal right shall be deemed a further or continuing waiver of such term, condition or right, or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Hathor Labs regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Your Comments and Concerns

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: contact@hathor.network.