Terms of Use

RESTRICTION ON USE OF THE TROJAN FUNCTIONALITY.  Use of the Trojan Functionality by any Restricted Person, which includes anyone who is a resident of, located in, or a citizen of the United States, the European Union, or another Restricted Jurisdiction (as those terms are defined below), is strictly prohibited.  If you are a Restricted Person under these Terms of Use, you are not permitted to sign up for, download, or otherwise use the Trojan Functionality.

IMPORTANT NOTICE REGARDING YOUR LEGAL RIGHTS:  These Terms of Use include an agreement to resolve any legal disputes with us through final and binding arbitration rather than in court, including as to the arbitrability of any such dispute, unless you timely opt out, as further set forth below in section 23, titled “Dispute Resolution by Binding Arbitration.” 

1. Welcome to Trojan

Welcome to Trojan. By using the Functionality (as defined herein), you acknowledge and agree that the Functionality is offered exclusively through a front end provided by ChainSpark Foundation (“Foundation”, “we”, “us” or “our”), a not-for-profit foundation whose purpose is to permit access to the premier permissionless peer-to-peer on-chain cryptocurrency exchange, delivering unparalleled transparency, speed, security and efficiency in decentralized finance while fostering financial inclusion and accelerating innovation on the blockchain.

THE FUNCTIONALITY WAS NOT DEVELOPED FOR, AND IS 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 THE UNITED STATES, OR ANY RESTRICTED JURISDICTION OR COUNTRY SUBJECT TO ANY SANCTIONS OR RESTRICTIONS PURSUANT TO ANY APPLICABLE LAW, INCLUDING ANY COUNTRY TO WHICH THE UNITED STATES, THE UNITED KINGDOM, THE CAYMAN ISLANDS, THE EUROPEAN UNION OR ANY OTHER JURISDICTION EMBARGOES GOODS OR IMPOSES SIMILAR SANCTIONS (INCLUDING BUT NOT LIMITED TO THE LISTS MAINTAINED BY THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY, THE UNITED NATIONS SECURITY COUNCIL, THE EUROPEAN UNION, HER MAJESTY’S TREASURY OR ANY OTHER LEGAL OR REGULATORY AUTHORITY IN ANY APPLICABLE JURISDICTION), 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, THEN DO NOT USE OR ATTEMPT TO USE THE FUNCTIONALITY. USE OF ANY TECHNOLOGY OR MECHANISM, SUCH AS A VIRTUAL PRIVATE NETWORK (“VPN”), TO CIRCUMVENT OR ATTEMPT TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS STRICTLY PROHIBITED. IF YOU DO SO, YOUR ASSETS MAY BE FORFEITED AND DETAILS OF YOUR TRANSACTIONS WILL BE PASSED ON TO THE RELEVANT AUTHORITIES. WE WILL BE WORKING WITH THE RELEVANT AUTHORITIES AND CONDUCTING ANTI-MONEY LAUNDERING (AML) CHECKS ON YOUR TRADING WALLET TO ENSURE COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS.

BY USING THE FUNCTIONALITY, YOU REPRESENT THAT (1) YOU ARE NOT A RESTRICTED PERSON; AND (2) 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 FUNCTIONALITY FROM WITHIN ANY RESTRICTED JURISDICTION.

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 FUNCTIONALITY INCLUDING TO MAKE IT AVAILABLE TO ANY RESTRICTED PERSONS.

‍These Terms of Use, together with our Privacy Policy, incorporated herein by this reference, and any documents and additional terms they expressly incorporate by reference, which includes any other terms and conditions or other agreement that we post publicly or make available (collectively, these “Terms of Use”), are entered into between Foundation and you concerning your use of, and access to https://trojan.com website (the “Website”), the Trojan interface (the “WebApp”) and all proprietary applications (collectively, the “Functionality”), but excluding any third-party materials, technology, smart contracts or applications.

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

Note that when you use the Functionality, you acknowledge and agree that you are in fact interacting with technology (e.g., protocols, decentralized exchanges (“DEXs”), DEX aggregators, launchpads, smart contracts, software and services, etc.) which are offered by third parties, and not owned or controlled by us (even when this technology may be integrated into or made accessible through our Functionality). These Terms of Use do not apply to your use of any such third-party technologies. We specifically disclaim any and all liability and responsibility for or associated with your use of these third-party technologies. We provide no guarantees of any kind with respect to third-party technologies, or their quality, accuracy, uptime, availability, or the results of using same, even if you access these third-party technologies by using our Functionality. You hereby release and hold harmless Foundation, licensors, and service providers (including but not limited to Third Party SaaS Provider, Third Party Community Growth Partner, any fiat on/off ramp service providers, and any third party wallet providers), and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the “Foundation Parties”) from and against any losses or liabilities you incur as a result of your use of such third-party technologies. You acknowledge and agree that your use of these third party technologies is subject to each third party’s respective terms and conditions, and by using such technologies, you agree to be bound by such terms. Foundation has no control over the terms of use or privacy policies of third-party technologies, and you agree to read and understand those policies carefully. It is your responsibility to comply with third-party terms, and you acknowledge that your failure to do so may have consequences, such as loss of the ability to use the third-party service and legal liability.

For avoidance of doubt, you acknowledge and agree that you are not our customer, you are trading peer-to-peer and we are not a virtual asset service provider or other category of financial services provider. You also acknowledge and agree that we do not broker trading orders on your behalf, provide broker dealer or money transmitter services or similarly regulated services or operate a securities or commodities exchange in any applicable jurisdiction. You further acknowledge and agree that we do not provide any of the following services or operations, for or on behalf of you or any other person: (i) exchange between virtual assets and fiat; (ii) exchange between one or more other forms of convertible virtual assets; (iii) transfer of virtual assets where the transfer relates to conducting a transaction on behalf of another person that moves a virtual asset from one virtual asset address or account to another; (iv) safekeeping or administration of virtual assets or instruments enabling control over virtual assets or (v) participation in, and provision of, financial services related to an issuer’s offer or sale of a virtual asset. Further, you acknowledge and agree that Foundation does not engage on behalf of you in any virtual asset service provider activity or operation, and that Foundation does not (i) host wallets or maintain custody or control over another person’s virtual asset, wallet or private key; (ii) provide financial services relating to the issuance, offer or sale of a virtual asset; (iii) provide kiosks to enable the exchange of virtual assets for fiat or other virtual assets; or (iv) engage in any other activity set out under virtual asset service provider regulations or guidelines in any applicable jurisdiction.

Please read these Terms of Use carefully, as they govern your use of the Functionality. These Terms of Use expressly cover your rights and obligations, and our disclaimers and limitations of legal liability, relating to your use of, and access to, the Functionality. By using the Functionality, you accept and agree to be bound by and to comply with these Terms of Use. If you do not agree to these Terms of Use, then you must not access or use the Functionality.

PLEASE BE AWARE THAT THESE TERMS OF USE INCLUDE A BINDING AGREEMENT TO ARBITRATE ANY DISPUTES.  THESE TERMS OF USE ALSO CONTAIN A CLASS ACTION AND JURY TRIAL WAIVER.

NEITHER WE NOR OUR SERVICE PROVIDERS ARE RESPONSIBLE FOR ANY ACTIVITIES THAT YOU ENGAGE IN WHEN USING ANY ONLINE FUNCTIONALITY OR BLOCKCHAIN TECHNOLOGIES NOT PROVIDED DIRECTLY BY US. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT CREATE, CONTROL, OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR, ANY ALTERNATIVE FRONT-ENDS THAT YOU OR OTHER USERS MAY UTILIZE IN CONNECTION WITH THE FUNCTIONALITY. WE HEREBY DISCLAIM ANY AND ALL RISKS ASSOCIATED WITH THE USE OF SUCH ALTERNATE FRONT-ENDS. YOU AGREE TO DEFEND, INDEMNIFY, RELEASE AND HOLD HARMLESS THE FOUNDATION PARTIES FROM AND AGAINST ANY ALL LIABILITY ARISING IN CONNECTION WITH YOUR USE OF ALTERNATIVE FRONT-ENDS.

You represent and warrant throughout the term of your use of the Functionality that: (i) you are over the age of eighteen (18) or otherwise of legal age to form a binding contract, and that you have legal and mental capacity to enter into these Terms of Use; (ii) your funds are not derived from or in any way connected to any illegal, unauthorized, or restricted sources (including any Restricted Jurisdictions or Restricted Persons); (iii) you have the right to engage in all transactions and all activities that you participate in, on or through the Functionality; and (iv) you are not a Restricted Person or connected to one in any way, and you are not located in a Restricted Jurisdiction.

2. Changes to these Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion by posting the revised Terms of Use to https://trojan.com/terms-of-use. All changes are effective immediately when we make them available, and apply to all access to and use of the Functionality thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction (section 22) and Dispute Resolution by Binding Arbitration (section 23) below will not apply retroactively to disputes that accrued before the change in question was implemented, including where a dispute accrued prior to the change but the grounds for which were not discovered until after the change was implemented.

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

3. Changes to the Functionality

We may update the content on our Functionality from time to time in our discretion. Any of the material on the Functionality may be out of date at any given time, and we are under no obligation to update such material.

WE WILL NOT BE LIABLE FOR ANY LOSSES RESULTING FROM ANY CHANGES TO THE FUNCTIONALITY OR THE THIRD PARTY FUNCTIONALITY AVAILABLE THEREON, AND YOU HEREBY RELEASE AND HOLD HARMLESS THE FOUNDATION PARTIES FROM AND AGAINST ANY LOSSES AND DAMAGES YOU MAY SUFFER ARISING IN CONNECTION WITH SAME.

4. Accessing the Functionality and Account Security

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

WE WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES YOU MAY SUFFER AS A RESULT OF OR IN CONNECTION WITH THE FUNCTIONALITY BEING INACCESSIBLE TO YOU AT ANY TIME OR FOR ANY REASON.

You are solely responsible for:

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

• Ensuring that all persons who access the Functionality through your internet connection are aware of these Terms of Use and comply with them.

You understand that your content may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

WE TAKE NO RESPONSIBILITY FOR THIRD-PARTY SITES OR SERVICES, AND YOU HEREBY RELEASE AND HOLD HARMLESS THE FOUNDATION PARTIES FROM AND AGAINST ANY DAMAGES OR LOSSES YOU MAY SUFFER IN CONNECTION WITH SAME.

Your use of the Functionality will require you to create and/or connect a software-based system for secure storage of cryptocurrency, cryptoassets and payment information related thereto, comprising of a private and public key (a “Trading Wallet”). We are not a custodian and do not keep safe your assets and nor are we liable nor responsible for securing your Trading Wallet seed phrase or keys. You hereby release and hold harmless the Foundation Parties from and against any losses you may suffer if you lose your Trading Wallet seed phrase or keys, 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).

Your Trading Wallet and the assets it holds belong to you and are owned and controlled by you, not us. We do not make any guarantees as to the security of your Trading Wallet seed phrase or keys. If there is unauthorized access to our front-end or third-party servers, it is possible for malicious actors to obtain a copy of your seed phrase or keys and use them to access the assets in your Trading Wallet. We are not responsible if you incur any losses as a result of this arrangement, including for any losses in connection with the security of our front-end or third-party servers. You acknowledge that if someone has your seed phrase or keys, 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 otherwise. It is your responsibility to establish a means for recovering your seed phrase and keys. You bear sole responsibility for any loss of or inability to access your cryptocurrency due to failure to retain and/or secure your seed phrase, keys or other necessary credentials to access your digital assets.

WE MAKE NO REPRESENTATIONS REGARDING SECURITY OR SAFETY OF YOUR DIGITAL ASSETS OR THE FUNCTIONALITY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT FOUNDATION HAS NO LIABILITY FOR LOSS OR THEFT OF YOUR TRADING WALLET KEYS OR ANY OTHER KEYS USED TO ACCESS OTHER DIGITAL WALLETS YOU MIGHT USE. YOU HEREBY RELEASE AND HOLD HARMLESS THE FOUNDATION PARTIES FROM AND AGAINST ANY DAMAGES OR LOSSES YOU MAY SUFFER IN CONNECTION WITH THE SECURITY OF YOUR SEED PHRASE OR KEYS. WE ARE NOT RESPONSIBLE FOR THE SAFETY OR SECURITY OF YOUR DIGITAL ASSETS. YOU HEREBY RELEASE AND HOLD HARMLESS THE FOUNDATION PARTIES FROM AND AGAINST ANY LOSSES OR DAMAGES OF ANY KIND, UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY ARISING FROM OUR ACCESS TO OR STORAGE OF ANY SEED PHRASE OR KEYS TO YOUR TRADING WALLET, OUR USE OF OR EXECUTION OF TRANSACTIONS INVOLVING YOUR TRADING WALLET, YOUR DELEGATION TO US OF AUTHORITY TO EXECUTE SUCH TRANSACTIONS, LOSS OR COMPROMISE OF YOUR SEED PHRASE OR KEYS, REGARDLESS OF WHETHER IN USE OR STORED BY US, OR ANY TRANSACTIONS YOU ENGAGE IN, THROUGH THE FUNCTIONALITY OR OTHERWISE.

5. Use of the Functionality

Your Trading Wallet is not provided by Foundation, regardless of whether you create a new Trading Wallet through your use of the Functionality or you connect an existing Trading Wallet from you or your third-party wallet provider. If you create a new Trading Wallet through the Functionality, you will interface directly with a third-party wallet provider via an SDK to obtain and control your Trading Wallet and keys yourself, subject to authorization you may grant us as described below. The ability to create and access a Trading Wallet via the Functionality is provided by Foundation as a courtesy and solely for your convenience. Access to and use of a Trading Wallet is subject to additional terms and conditions between you and the applicable third-party wallet provider.

Please note that if a Trading Wallet or associated services become unavailable, then you should not attempt to use such Trading Wallet in connection with the Functionality, and we disclaim all liability in connection with the foregoing, including without limitation any inability to access any assets you have sent to or stored in such Trading Wallet. By creating or connecting your Trading Wallet, you acknowledge that you have reviewed and accepted these Terms of Use, and you shall review and accept these Terms of Use from time to time thereafter when you return to the Functionality, if we request it. You must accept such terms when prompted to do so, in order to continue accessing and using our Functionality.

Certain Functionality may enable you to preselect actions to be initiated by your Trading Wallet. When you elect any such actions, including without limitation any automated purchase or sale of digital assets (for example, through limit orders, dollar cost averaging), you acknowledge and agree that (i) all activities in accordance with your initial selection have been authorized by you, (ii) unless otherwise set forth on the Functionality, such activities will continue until terminated by you, and (iii) you, and not Foundation Parties, are solely responsible for such activities, including any risk or loss in connection with the same. You accept and agree that we are not acting as an intermediary for you, you are not our customer, and we are not submitting transactions on your behalf. If you connect an existing Trading Wallet from you or your third-party wallet provider to use the Functionality, you may be providing your seed phrase or keys to a third-party wallet provider. A third-party wallet provider may store your encrypted keys and their practices may be subject to change. The Foundation has no obligation to provide information or updates about the practices of third-party wallet providers.

If you created a new Trading Wallet through the Functionality, you can revoke your authorization for the Functionality to act on your behalf at any time, but you acknowledge and accept that such revocation may not become effective in a timely manner due to failures related to the Functionality or third parties, and you accept the risk that the Functionality may continue to operate after you have acted to revoke your instruction but before such revocation has become effective. After the revocation is effective, the Functionality will no longer operate, even if a transaction is partially incomplete at the time you revoke your instruction. You are responsible for keeping your Trading Wallet seed phrase, keys, API key credentials, hardware authentication devices, passkeys or any other codes or other available authentication methods (“Authentication Credentials”) secure.

You are responsible for any and all activity associated with your Trading Wallet. We will not be responsible or liable if someone else accesses your Trading Wallet or Authentication Credentials associated with your Trading Wallet. This could result in permanent loss of access to funds associated with a particular Trading Wallet controlled by those Authentication Credentials. As between you and the Foundation Parties, you shall remain solely responsible for all digital assets you use in connection with your Trading Wallet and your use of any third-party wallet provider, including without limitation the responsibility for the safekeeping of the digital assets you (or we, through delegated access) transact in connection with the Functionality.

You acknowledge and agree to (i) the risks associated with losing access to your Authentication Credentials and the failure to add a backup authentication method, (ii) the risks associated with providing the wrong email address and/or failure to secure your email address, including without limitation, in connection with the use of third-party wallet providers’ email recovery functionality, and (iii) the risks associated with exporting and/or importing your private keys and/or using a third-party wallet provider’s key export or key import functionality. We do not make any guarantees as to the security of your Authentication Credentials. If there is unauthorized access to our systems or third-party servers, it is possible for malicious actors to obtain a copy of Authentication Credentials and use them to access the assets in your Trading Wallet. We are not responsible if you incur any losses as a result of this arrangement, including for any losses in connection with the security of our systems or third-party servers. For the avoidance of doubt, this is not a safekeeping, safeguarding or custody service.

We do not operate or provide services for you to purchase digital assets with fiat payment methods or to purchase fiat with digital assets. If you use the Functionality to purchase digital assets or fiat using any available payment or deposit methods, you will interface directly with a third-party entity, and the chosen amount may be converted into the applicable digital asset and credited to your Trading Wallet by a third-party entity. You acknowledge and agree that: (i) Foundation Parties are not liable for, nor do they hold any responsibility related to, your usage of this third-party service and you hereby release and hold harmless the Foundation Parties from and against all liability for any losses you may incur during this process; (ii) when using this third-party service, you are bound by any terms and conditions set forth by the specific third-party service provider, and Foundation Parties have no influence over these terms, have no obligation to provide you with information about these terms, and are unable to intercede on your behalf should any dispute arise relating to your use of a third-party service; (iii) Foundation Parties have no control, power or authority over any transaction, including to revise, rescind, or cancel your submission of a request to purchase digital assets with fiat payment methods or to purchase fiat with digital assets; (iv) Foundation Parties are not responsible or liable in any way for the exchange rates offered by the involved third-party service provider, including any fluctuation in rate that may occur post-transaction; (v) Foundation Parties do not shoulder responsibility for any fees imposed by the relevant third-party service provider or your bank or credit card issuer; and (vi) Foundation Parties do not have any obligation to disclose or provide information about the exchange rates or fees in connection with your exchange of digital assets and fiat, and have no responsibility for any inaccuracy in posted exchange rates or fees. Any additional charges incurred during the transaction process rest solely on you. By choosing to buy digital assets using a third party, you acknowledge these terms and consent to bear any risks associated with this type of transaction, including any risks arising out of or relating to your provision of credit card, debit card, bank account or other financial information to such third party.

YOUR RELATIONSHIP WITH ANY THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR TRADING WALLET IS GOVERNED BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND FOUNDATION DISCLAIMS ANY LIABILITY FOR INFORMATION THAT MAY BE PROVIDED TO IT OR USER ASSETS THAT MAY BE TRANSFERRED BY OR THROUGH SUCH THIRD-PARTY SERVICE PROVIDERS, EVEN IF IN VIOLATION OF THE SETTINGS THAT YOU HAVE SET IN SUCH TRADING WALLETS.

YOU ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND THE RISK OF TRANSACTING USING UNENCRYPTED DIGITAL WALLET KEYS OVER THE INTERNET, AND ACCEPT THIS RISK. YOU HEREBY RELEASE AND HOLD HARMLESS THE FOUNDATION PARTIES AND INDEMNIFY THEM FROM AND AGAINST ANY CLAIMS ARISING IN CONNECTION WITH YOUR KEYS.

You acknowledge and agree that the Foundation is providing only a front end and accordingly (i) no swaps, trades, or exchanges of any kind will take place on Foundation infrastructure, (ii) when you initiate, instruct, or otherwise engage in any transactions using our Functionality, all such transactions take place on third-party infrastructure and using third-party technologies, (iii) the Functionality is only a conduit to such third-party infrastructure and technologies, and (iv) the Functionality is not a DEX, exchange or broker, and do not process any of your transactions.

We have no control over, take no responsibility for, and shall not be liable for the conduct of third parties, including threat actors or providers of third-party technologies. If third-party technologies undergo changes or experience disruptions, your access to and use of our Functionality may be affected. You acknowledge and accept this risk.

WE ARE NOT RESPONSIBLE FOR THE SAFETY OR SECURITY OF YOUR DIGITAL ASSETS. YOU HEREBY RELEASE AND HOLD HARMLESS THE FOUNDATION PARTIES FROM AND AGAINST ANY LOSSES OR DAMAGES YOU MAY SUFFER ARISING FROM THIRD-PARTY TECHNOLOGY, LOSS OR COMPROMISE OF YOUR SEED PHRASE OR KEYS, AND/OR YOUR TRANSACTIONS, INCLUDING ATTEMPTED OR ACTUAL DELEGATION OR REVOCATION OF DELEGATION TO ENGAGE THEREIN.

6. Fees and Coverage Costs

Prices payable for transactions, if presented to you, are estimates only. You acknowledge that swap rates and prices may be inaccurate and may change at any time, even after you have initiated a transaction. Prices, and changes to pricing, are not in our control, and we are not responsible for the same.

We will not charge you a fee for using our front end. You may incur charges from third parties for use of linked or incorporated services. For example, a third party that provides software and infrastructure services to us (a “Third Party SaaS Provider”) may collect a transaction coverage cost for each transaction in an amount that reflects or relates to the per-transaction cost incurred by the Third Party SaaS Provider related to the provision of software and infrastructure services by the Third Party SaaS Provider to Foundation in connection with the transactions you engage in on or through the Functionality. You may also be charged fees on token swaps that you execute on third-party exchanges by accessing such exchanges via the Functionality. You will not be advised of the fees charged to you prior to engaging in a transaction on the Functionality (although we may post information about such fees on our front end). Also note that you may incur third-party fees as part of your transactions which may be payable to third parties (for example, fees payable to a third-party DEX). We have no obligation to disclose those to you, and it is your responsibility to inquire and determine what they are. Third-party fees and transaction coverage costs are not charged by Foundation, and are not paid to Foundation.

All transaction coverage costs and third-party fees, if any, are subject to change at any time without notice, even after you have obtained the same via the front end.

Under no circumstances shall any Foundation Party incur any liability, of any kind, in connection with fees charged by third-parties or in connection with third-party technology. You hereby release and hold harmless the Foundation Parties from and against any and all liability or losses associated with fees related to the Functionality, or your use of third-party technologies connected to or available through the use of the Functionality.

YOU HEREBY RELEASE AND HOLD HARMLESS THE FOUNDATION PARTIES FROM AND AGAINST ANY LOSSES OR DAMAGES YOU MAY SUFFER RELATING TO THIRD-PARTY FEES OR TRANSACTION COVERAGE COSTS, AND ANY CHANGES IN PRICING CHARGED FOR TRANSACTIONS PROCESSED THROUGH THE USE OF THE FUNCTIONALITY.

7. Third Party SaaS Provider Disclaimers

You acknowledge and agree that the Third Party SaaS Provider does not own or maintain, and is not responsible for, the Functionality. You acknowledge and agree that you are not a customer of a Third Party SaaS Provider, directly or indirectly through your use of the Functionality, and you are not a third-party beneficiary of any agreement between Foundation and the Third Party SaaS Provider, including for the provision of software, infrastructure, functionality and services that are provided by such Third Party Service Provider to Foundation. For avoidance of doubt, you acknowledge and agree that the Third Party SaaS Provider is not a virtual asset service provider or other category of financial services provider. You also acknowledge and agree that the Third Party SaaS Provider does not broker trading orders on your behalf, provide broker dealer or money transmitter services or similarly regulated services or operate a securities or commodities exchange in any applicable jurisdiction. You further acknowledge and agree that the Third Party SaaS Provider does not provide any of the following services or operations, for or on behalf of you or any other person: (i) exchange between virtual assets and fiat; (ii) exchange between one or more other forms of convertible virtual assets; (iii) transfer of virtual assets where the transfer relates to conducting a transaction on behalf of another person that moves a virtual asset from one virtual asset address or account to another; (iv) safekeeping or administration of virtual assets or instruments enabling control over virtual assets or (v) participation in, and provision of, financial services related to an issuer’s offer or sale of a virtual asset. Further, you acknowledge and agree that the Third Party SaaS Provider does not engage on behalf of you in any virtual asset service provider activity or operation, and that the Third Party SaaS Provider does not (i) host wallets or maintain custody or control over another person’s virtual asset, wallet or private key; (ii) provide financial services relating to the issuance, offer or sale of a virtual asset; (iii) provide kiosks to enable the exchange of virtual assets for fiat or other virtual assets; or (iv) engage in any other activity set out under virtual asset service provider regulations or guidelines in any applicable jurisdiction.

The Third Party SaaS Provider disclaims, and you hereby release and hold harmless the Third Party SaaS Provider, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, members, shareholders, contractors, agents, licensors, suppliers, successors, and assigns from and against, any losses or liabilities for the quality, performance, security or any other aspect of the software, infrastructure, functionality and services that are provided by such Third Party SaaS Provider to Foundation, whether or not provided or made accessible to you by the Foundation via the Functionality.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE THIRD PARTY SAAS PROVIDER IS AN EXPRESS THIRD PARTY BENEFICIARY OF THESE TERMS OF USE AND MAY DIRECTLY ENFORCE, AND SHALL BE ENTITLED TO RELY ON, THESE TERMS OF USE.

8. Referrals

From time to time, you may receive a referral reward from a third party community growth partner (the “Third Party Community Growth Partner”) if you successfully refer another user to use the Functionality. Guidance relating to this community growth rewards program for users may be found at https://docs.trojan.com/webapp-user-guide/referrals (the “Referral Guide”). You acknowledge and agree that (i) the information posted in the Referral Guide provides information on a program operated by the Third Party Community Growth Partner, a third party, that we are not responsible for its accuracy or completeness, and that we may make changes thereto at any time in our sole discretion, without notice to you, (ii) that the community growth rewards program may be changed at any time in the sole discretion of the Third Party Community Growth Partner, without notice to you and without such change being reflected in the Referral Guide, and (iii) neither these Terms of Use, nor the Referral Guide, nor any other statements which we, the Third Party Community Growth Partner or others may make in connection with the community growth rewards program guarantee that any rewards will granted to you. All rewards in connection with the community growth rewards program, if any, will be calculated and rewards granted in Third Party Community Growth Partner’s sole discretion (including whether to grant referral rewards at all). You also acknowledge that the community growth rewards program may work through links, which may not always function properly, and you agree that neither we nor the Third Party Community Growth Partner or any other person has any responsibility for any such malfunctions or errors and hereby release us, the Third Party Community Growth Partner and the Third Party SaaS Provider from any liability to you in connection therewith.

We reserve the right to cease our relationship with the Third Party Community Growth Partner at any time, which may result in modification or cancellation of the community growth referral program operated by the Third Party Community Growth Partner. The Third Party Community Growth Partner may itself modify or cancel the community growth referral program in its sole discretion at any time, with or without notice.

If there is a dispute about what rewards are due in connection with the community growth rewards program, you acknowledge and agree that we are not a party to such dispute or liable in any way in connection therewith. The Third Party Community Growth Partner will review such disputes and render a decision in its sole discretion. You agree to be bound by such a decision, and release and hold harmless the Foundation Parties from and against any and all liability associated with such community growth referral rewards.

YOU HEREBY RELEASE AND HOLD HARMLESS THE FOUNDATION PARTIES FROM AND AGAINST ANY LOSSES OR DAMAGES YOU MAY SUFFER AS A RESULT OF THE COMMUNITY GROWTH REFERRAL PROGRAM, THE DECISIONS WE MAY MAKE WITH RESPECT TO OUR ARRANGEMENTS WITH THE THIRD PARTY COMMUNITY GROWTH PARTNER OR THE DECISIONS THE THIRD PARTY COMMUNITY GROWTH PARTNER MAY MAKE WITH RESPECT TO THE COMMUNITY GROWTH REFERRAL PROGRAM, AND ANY INFORMATION THAT WE OR THE THIRD COMMUNITY GROWTH PARTNER MAY MAKE AVAILABLE ABOUT IT, EVEN IF INACCURATE AS PRESENTED.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE THIRD PARTY COMMUNITY GROWTH PARTNER IS AN EXPRESS THIRD PARTY BENEFICIARY OF THESE TERMS OF USE, AND MAY DIRECTLY ENFORCE, AND SHALL BE ENTITLED TO RELY ON, THESE TERMS OF USE.

9. Intellectual Property Rights

The Functionality 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 Foundation, 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 in any applicable jurisdiction.

These Terms of Use permit you to use the Functionality for your personal use only. You must not reproduce, distribute, modify, reverse engineer, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Functionality, except as follows:

• Your computer may temporarily store copies of such materials in RAM 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 Functionality 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 and any related terms of use for such applications.

You must not:

• Modify copies of any materials from the Functionality.

• 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 the Functionality.

You must not access or use any part of the Functionality or any services or materials available through the Functionality for the benefit of third parties.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Functionality in breach of the Terms of Use, such other person may not use the Functionality, your right to use the Functionality 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 Functionality or any content on the Functionality is transferred to you, and all rights not expressly granted are reserved by Foundation. Any use of the Functionality not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

10. Trademarks

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

11. Feedback

You may from time to time provide us with feedback about your experience on the Functionality, recommendations for modifications, or other ideas pertaining to the Functionality (collectively, “Feedback”). You acknowledge and agree that we may use and share the Feedback without restriction. All such Feedback will be considered non-confidential and non-proprietary. By providing any Feedback, you grant Foundation Parties, and each of their and our respective licensees, successors, and assigns a perpetual, irrevocable, non-exclusive, worldwide right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any Feedback and any material containing Feedback for any purpose.

You represent and warrant that:

• You own or control all rights in and to the Feedback and have the right to grant the license granted above to us and our service providers, and each of their and our respective licensees, successors, and assigns.

• All of your Feedback does and will comply with these Terms of Use.

YOU HEREBY RELEASE AND HOLD HARMLESS THE FOUNDATION PARTIES FROM AND AGAINST ANY LOSSES OR DAMAGES YOU MAY SUFFER IN CONNECTION WITH YOUR FEEDBACK OR OUR OR OTHERS’ USE THEREOF.

12. Prohibited Uses

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

• Use the Functionality 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;

• Access, tamper with, or use non-public areas of the Functionality, Foundation’s computer systems, or the technical delivery systems of Foundation’s providers;

• Attempt to probe, scan or test the vulnerability of any Foundation system or network or breach any security or authentication measures;

• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Foundation or any of Foundation’s providers or any other third-party (including another user) to protect the Functionality;

• Attempt to access or search the Functionality or download content from the Functionality using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Foundation or other generally available third-party web browsers;

• Use any manual process to monitor the Functionality or for any other unauthorized purpose without our prior written consent;

• Use the Functionality or the data contained therein to train any artificial intelligence model;

• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

• Use any meta tags or other hidden text or metadata utilizing a Foundation trademark, logo URL or product name without Foundation’s express written consent;

• Use the Functionality, or any portion thereof, for any commercial purpose or for the benefit of any third-party or in any manner not permitted by these Terms of Use;

• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Functionality to send altered, deceptive or false source-identifying information;

• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Functionality;

• Use, transmit, introduce or install any code, files, scripts, agents or programs intended to do harm or allow unauthorized access, including, for example, viruses, worms, time bombs, back doors and Trojan horses (collectively, “Malicious Code”) on or through the Functionality, or accessing or attempting to access the Functionality for the purpose of infiltrating a computer or computing system or network, or damaging the software components of the Functionality, or the systems of the hosting provider, any other suppliers or service provider involved in providing the Functionality, or another user;

• Distribute Malicious Code or other items of a destructive or deceptive nature;

• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Functionality, or attacking the Functionality via a denial-of-service attack or a distributed denial-of-service attack;

• Collect, store or process any personally identifiable information of other users of the Functionality without their express permission;

• Impersonate or attempt to impersonate Foundation, a Foundation employee or representative, another user, or any other person or entity (including, without limitation, by using identifiers associated with any of the foregoing);

• Reverse look-up, track or seek to track any information of any other users or visitors of the Functionality;

• Take any actions that impose an unreasonable or disproportionately large load on the infrastructure of systems or networks of the Functionality, or the infrastructure of any systems or networks connected to the Functionality;

• Use the Functionality, directly or indirectly, for or in connection with money laundering, terrorist financing, or other illicit financial activity;

• Use the Functionality for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering) regardless of whether prohibited by law;

• Use the Functionality to participate in fundraising for a business, protocol, or platform;

• Fabricate in any way any transaction or process related thereto;

• Disguise or interfere in any way with the IP address of the computer you are using to access or use the Functionality or that otherwise prevents us from correctly identifying the IP address of the computer you are using to access the Functionality;

• Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Functionality, or which, as determined by us, may harm Foundation or users of the Functionality or expose them to liability;

• Use the Functionality in or from any Restricted Jurisdiction;

• Use the Functionality if you are a Restricted Person (or on their behalf);

• Use the Functionality in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States, Canada, European Union, or other countries); or

• Encourage, assist or enable any other individual to do any of the foregoing.

Foundation is not obligated to monitor access to or use of the Functionality or to review or edit any content. However, we have reserve the right to do so in our discretion, if we choose. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms of Use. We have the right to investigate violations of these Terms of Use or conduct that affects the Functionality. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

13. Reliance on Information Presented / Third Party Materials

The information presented via our front end is made available solely for general information purposes. The Functionality may include, display, or otherwise allow access to content, services, servers, protocols, networks, DEXs, SDKs, infrastructure, information from third-party sites, and other materials provided by third parties, including those provided by other users, oracles, and third-party licensors, syndicators, aggregators, and/or reporting services. The Functionality may also from time to time display information related to fees from third parties. We do not warrant the accuracy, completeness, or usefulness of this information, even if we have created the information ourselves. 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 information by you or any other visitor, or by anyone who may be informed of any of its contents.

All statements, commentary, and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Foundation, are solely the opinions and the responsibility of the person or entities providing those materials. We do not control or have any responsibility for such third-party materials. All such third-party materials (including materials from other users) do not reflect the opinions or views of Foundation.

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY THIRD-PARTY MATERIALS, INFORMATION, DEXs, SDKs, PROTOCOLS, NETWORKS, INFRASTRUCTURE, RESOURCES, APPLICATIONS, DATA, CONTENT, COMMENTARY 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 (INCLUDING MATERIALS PROVIDED BY OTHER USERS).

YOU HEREBY RELEASE AND HOLD HARMLESS THE FOUNDATION PARTIES FROM AND AGAINST ANY LOSSES OR DAMAGES YOU MAY SUFFER AS A RESULT OF YOUR USE OF OR RELIANCE ON THIRD-PARTY INFORMATION, CONTENT OR MATERIALS. YOUR USE OF ANY SUCH ITEMS IS AT YOUR OWN RISK.

14. No Financial or Investment Advice or Unregulated Activity

The Foundation is not registered with or licensed by any regulatory authority or governmental body. You understand that we merely provide a front end and you are not our customer. We do not act as your broker, trading counterparty, financial advisor, investment manager, arranger, introducer, or commodity trading advisor, or give you any investment advice of any kind with respect to what assets you choose to purchase or any trading thereof. As with any trading activities, it is your responsibility and you are solely responsible for your trading decisions, how and when you trade digital assets and with whom. It is also your responsibility to ensure you understand crypto assets, how they work, what their value is, and about trading and purchasing such assets, as there are significant risks in doing so, all of which you solely assume.

We may suspend the provision of this front end and accordingly your use of all or part of the Functionality may be suspended or cancelled at any time, for any reason or no reason, in our sole discretion and without notice of any kind, 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 you violate these Terms of Use. We have no obligation to provide notice of such suspension or cancellation. We may change access to the Functionality at any time, which means some networks could no longer be supported after a time. You acknowledge that this is the case, and accept this risk. We do not perform any activities to vet users prior to allowing them to trade assets. You acknowledge that this is a risk you accept when you use the front end to interact with the Functionality.

You agree and understand that all purchase and sale decisions are made solely by you. You agree and understand that under no circumstances will access to the Functionality or your use of it 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 FUNCTIONALITY. NO CONTENT TO WHICH YOU HAVE ACCESS, WHETHER CREATED BY US, OUR SERVICE PROVIDERS, OUR BUSINESS PARTNERS, OR ANOTHER USER IS OR SHOULD BE CONSIDERED AS 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 ACCESSING OF THE FUNCTIONALITY, AND YOU HEREBY RELEASE AND HOLD HARMLESS THE FOUNDATION PARTIES FROM AND AGAINST ANY LOSSES OR DAMAGES ARISING IN CONNECTION WITH YOUR DECISIONS OR YOUR USE OF THE FUNCTIONALITY.

15. Risks

You acknowledge and agree that digital assets are volatile and risky, and their trading is affected by many factors outside our or your control. You are solely responsible for any transactions, and for all fees that you may incur as a result of your acquisition or sales of digital assets. You understand and acknowledge that by accessing the Functionality neither you nor we control the timing of any transaction, yet you acknowledge that the time of a transaction can affect the value of the asset or the fees associated with a transaction or both. You hereby release and hold harmless the Foundation Parties from and against any and all claims arising from your transaction of digital assets, or the timing of such transactions.

Digital assets are not legal tender and are not backed by any government. Digital assets are not subject to deposit insurance protections or any similar protections provided by any legal or regulatory authority in any applicable jurisdiction. We are not a bank, and we have no fiduciary duty to you. We make no guarantee as to the functionality of any digital asset network which might cause delays, conflicts of interest or might be subject to operational decisions of third parties that are unfavorable to you or affect your digital assets, or lead to your inability to complete a transaction using the Functionality.

You acknowledge that the Functionality, our software and smart contracts pertaining to the Functionality could have bugs or security vulnerabilities, and you hereby accept this risk. You hereby release and hold harmless the Foundation Parties from and against any losses you suffer as a result of your use of the Functionality, which you agree you use at your sole risk.

Digital assets and use of the Functionality may be subject to expropriation and/or theft. Hackers or other malicious actors may attempt to interfere with the Functionality 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 the Functionality will be available without interruption. The information provided may not always be entirely accurate, complete or current. Information may be changed or updated from time to time without notice. Accordingly, you should verify all information before relying on it. All decisions you make based on information provided via the use of this front end is your sole responsibility and you release and hold harmless the Foundation Parties from and against any losses you suffer as a result of such decisions.

THE FOUNDATION PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES IN CONNECTION WITH, YOUR USE OF THE FRONT END OR THE FUNCTIONALITY FOR ENGAGING IN DIGITAL ASSET TRANSACTIONS.

THE FOUNDATION PARTIES DO NOT HAVE CONTROL OVER AND ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USERS INCLUDING ANY USER THAT YOU CHOOSE TO TRADE WITH PEER-TO-PEER. THE FOUNDATION PARTIES DO NOT TAKE RESPONSIBILITY FOR ANY DEX, DEX AGGREGATOR, OR LAUNCHPAD YOU MAY USE, EVEN IF MADE AVAILABLE VIA THIS FRONT END, AND THE FOUNDATION PARTIES ARE NOT RESPONSIBLE FOR THE SECURITY OR ACCURACY OF THE UNDERLYING DEX, DEX AGGREGATOR, OR LAUNCHPAD OR THE QUALITY OF ANY TOKEN OR DIGITAL ASSET YOU MIGHT BUY, SELL OR TRADE. THE FUNCTIONALITY IS NOT A DEX AND THE FOUNDATION PARTIES DO NOT PROVIDE ANY LIQUIDITY IN CONNECTION WITH THE FUNCTIONALITY.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE FOUNDATION PARTIES WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR, AND YOU HEREBY RELEASE AND HOLD HARMLESS THE FOUNDATION PARTIES FROM AND AGAINST ANY LOSSES YOU MAY SUFFER AS A RESULT OF YOUR TRADING DECISIONS OR SWAPS, TRADES OR OTHER TRANSACTIONS, OR DECISIONS NOT TO TRADE, AND/OR YOUR PURCHASE, HOLDING OR SALE OF DIGITAL ASSETS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE FOUNDATION PARTIES WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR, AND YOU HEREBY RELEASE AND HOLD HARMLESS THE FOUNDATION PARTIES FROM AND AGAINST ANY LOSSES YOU MAY SUFFER ARISING FROM ANY TRANSACTION YOU MAY ENGAGE IN IN CONNECTION WITH THE FUNCTIONALITY FOR ANY REASON WHATSOEVER, INCLUDING LOSSES ARISING FROM SOFTWARE DEFECTS, MALFUNCTIONS OR A LACK OF ACCESS TO THE FUNCTIONALITY.

16. Taxes

You are entirely responsible for any tax liability which may arise from purchasing or reselling digital assets, or other activities you engage in while accessing the Functionality or which occur as a result of your activities using the Functionality. It is your responsibility to ensure you have accounted for, reported to the proper governmental authority, and paid all such taxes to the applicable governmental authority. We do not undertake any obligation to report any such taxes, nor collect or disburse them on your behalf. The taxes you owe are solely your responsibility. You hereby release and hold harmless the Foundation Parties from and against any claims, losses, damages or demands arising in connection with taxes you or a third party may owe as a result of your transactions using the Functionality.

17. Information About You and Your Visits to the Functionality

All personal information we may collect or process is subject to our Privacy Policy. By accessing the Functionality via this front end, you consent to all actions taken by us with respect to your personal information in compliance with the Privacy Policy. If you do not consent, you are prohibited from accessing the Functionality .

18. Linking to the Functionality and Social Media Features

You may link to our Website homepage and our WebApp (collectively, the “Linkable Features”), 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 Linkable Features may provide certain social media features that enable you to:

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

• Send communications with certain content, or links to certain content, on the Linkable Features.

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

You may use these Linkable Features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

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

• Cause the Linkable Features or portions of it 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 Linkable Features other than as permitted by us.

• Otherwise take any action with respect to the materials on the Linkable Features that is inconsistent with any other provision of 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.

19. Links from the Functionality

If the Functionality 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 Functionality, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, and you hereby release and hold harmless the Foundation Parties from and against any losses or damages arising in connection with same.

20. Disclaimer of Warranties / Limitation on Liability

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Functionality 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 and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

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

YOU HEREBY ACKNOWLEDGE AND AGREE THAT FOUNDATION PARTIES WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR, AND YOU HEREBY RELEASE AND HOLD HARMLESS THE FOUNDATION PARTIES FROM AND AGAINST ANY LOSSES YOU MAY SUFFER AS A RESULT OF YOUR TRADING DECISIONS OR SWAPS, TRADES OR OTHER TRANSACTIONS, OR DECISIONS NOT TO TRADE, AND/OR YOUR PURCHASE, HOLDING OR SALE OF DIGITAL ASSETS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT FOUNDATION PARTIES WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR, AND YOU HEREBY RELEASE AND HOLD HARMLESS THE FOUNDATION PARTIES FROM AND AGAINST ANY LOSSES YOU MAY SUFFER ARISING FROM ANY TRANSACTION YOU MAY ENGAGE IN IN CONNECTION WITH THE FUNCTIONALITY FOR ANY REASON WHATSOEVER, INCLUDING LOSSES ARISING FROM SOFTWARE DEFECTS, MALFUNCTIONS OR A LACK OF ACCESS TO THE FUNCTIONALITY.

TO THE FULLEST EXTENT PROVIDED BY LAW, FOUNDATION PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE FUNCTIONALITY, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

PLEASE SEE ADDITIONAL DISCLAIMERS OF LIABILITY IN THE FOLLOWING SECTIONS OF THESE TERMS OF USE THAT WILL APPLY TO YOUR USE OF THE FUNCTIONALITY: SECTION 1 (WELCOME TO TROJAN); SECTION 3 (CHANGES TO THE FUNCTIONALITY); SECTION 4 (ACCESSING THE FUNCTIONALITY AND ACCOUNT SECURITY); SECTION 5 (USE OF THE FUNCTIONALITY); SECTION 6 (FEES AND COVERAGE COSTS); SECTION 7 (THIRD PARTY SAAS PROVIDER DISCLAIMER); SECTION 8 (REFERRALS); SECTION 11 (FEEDBACK); SECTION 13 (RELIANCE ON INFORMATION PRESENTED / THIRD PARTY MATERIALS); SECTION 14 (NO FINANCIAL OR INVESTMENT ADVICE OR UNREGULATED ACTIVITY); SECTION 15 (RISKS); SECTION 16 (TAXES); SECTION 19 (LINKS FROM THE FUNCTIONALITY); AND SECTION 27 (TERMINATION).

YOU ACKNOWLEDGE THAT, IN CONNECTION WITH YOUR ACCESS TO THE FUNCTIONALITY, YOUR DATA AND ASSETS MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, AND YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL FOUNDATION PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH DENIAL-OF-SERVICE ATTACKS, CONDUCT OF THIRD PARTIES, INCLUDING THREAT ACTORS, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL, HACKERS, THEFT OF FUNDS, THEFT OF THE DIGITAL ASSETS OF YOU OR OTHERS, COMPROMISES OF THIRD-PARTY PROTOCOLS, SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD-PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENTS OR OTHER DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OF OUR CONTROL, DUE TO YOUR USE OF THE FUNCTIONALITY OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE FUNCTIONALITY OR YOUR DOWNLOADING OF ANY MATERIAL MADE AVAILABLE ON IT, OR ON ANY WEBSITE LINKED TO IT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ANY FOUNDATION PARTY BE LIABLE FOR LOSS OR DAMAGES OF ANY KIND, UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE FUNCTIONALITY, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, 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.

IN ADDITION, UNDER NO CIRCUMSTANCES SHALL FOUNDATION’S OR ANY FOUNDATION PARTY’S AGGREGATE LIABILITY TO YOU EXCEED ONE THOUSAND HONG KONG DOLLARS (HK$1,000.00). UNDER NO CIRCUMSTANCES SHALL FOUNDATION OR ANY FOUNDATION PARTY BE REQUIRED TO DELIVER TO YOU ANY VIRTUAL CURRENCY AS DAMAGES, MAKE SPECIFIC PERFORMANCE, OR ANY OTHER REMEDY. IF YOU WOULD BASE YOUR CALCULATIONS OF DAMAGES IN ANY WAY ON THE VALUE OF VIRTUAL CURRENCY, YOU AND FOUNDATION PARTIES AGREE THAT THE CALCULATION SHALL BE BASED ON THE LOWEST VALUE OF THE VIRTUAL CURRENCY DURING THE PERIOD BETWEEN THE ACCRUAL OF THE CLAIM AND THE AWARD OF DAMAGES.

FOUNDATION PARTIES HAVE NO CONTROL OVER, TAKE NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING THREAT ACTORS, OR PROVIDERS OF THIRD PARTY TECHNOLOGIES. IF THIRD-PARTY TECHNOLOGIES THAT ARE PROVIDED OR ACCESSED THROUGH THE FUNCTIONALITY UNDERGO CHANGES OR EXPERIENCE DISRUPTIONS, YOUR ACCESS TO AND USE OF THE FUNCTIONALITY MAY BE AFFECTED. YOU HEREBY RELEASE AND HOLD HARMLESS THE FOUNDATION PARTIES FROM AND AGAINST ANY LOSSES OR DAMAGES YOU MAY SUFFER ARISING FROM THIRD-PARTY TECHNOLOGY, LOSS OR COMPROMISE OF YOUR SEED PHRASE OR KEYS, AND/OR YOUR TRANSACTIONS.

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

21. Indemnification

You agree to defend, indemnify, release and hold harmless Foundation Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and legal costs) arising out of or relating to your violation of these Terms of Use or your use of the Functionality, including, but not limited to, your contributions, your use of the Functionality’ content, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from or through the Functionality.

22. Governing Law and Jurisdiction

All matters relating to the Functionality and these Terms of Use and any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be governed by and construed in accordance with the laws of Hong Kong without giving effect to any choice or conflict of law provision or rule (whether under Hong Kong law or the law of any other jurisdiction).

Subject to the Dispute Resolution by Binding Arbitration section below, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Functionality must be brought exclusively in the courts of Hong Kong. You expressly and irrevocably submit to the jurisdiction of such courts and waive any objections to jurisdiction or venue therein. 

23. Dispute Resolution by Binding Arbitration

This section of the Terms of Use contains an Arbitration Agreement (the “Arbitration Agreement”). Please read it carefully. It requires the parties to abide by an informal dispute resolution procedure and, if that does not resolve the dispute and unless you validly and timely opt-out, to arbitrate all such disputes between you and the  Foundation Parties. This section of the Terms of Use also limits the manner in which you and the Foundation Parties can seek relief from one another.

AGREEMENT TO ARBITRATE.  ALL ISSUES ARE FOR THE ARBITRATOR TO DECIDE, INCLUDING ISSUES RELATING TO ARBITRABILITY AND THE SCOPE AND ENFORCEABILITY OF THIS ARBITRATION AGREEMENT. THE DECISION OF THE ARBITRATOR SHALL BE FINAL AND BINDING ON THE PARTIES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

You and the Foundation Parties agree to submit any disputes arising under these Terms of Use, or in connection with your use of the Functionality, including disputes arising from or concerning the interpretation, violation, invalidity, non-performance, or termination of these Terms of Use, to final and binding arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules (“HKIAC Rules”) in force when the Notice of Arbitration (“Notice of Arbitration”) is submitted, applying Hong Kong Law. The arbitration proceedings shall be conducted in English. 

If there is a conflict between this Arbitration Agreement and the HKIAC Rules, the applicable terms of this Arbitration Agreement will control, unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The form of the arbitration hearing (i.e., in person or virtual) and its location will be determined in accordance with applicable HKIAC Rules.  The fees and costs associated with arbitration will be those set forth in the HKIAC applicable fee schedules.  To learn more about the HKIAC Rules and how to begin an arbitration, you may call HKIAC at (852) 2525-2381, email HKIAC at adr@hkiac.org, and/or visit HKIAC’s website at www.hkiac.org.    

Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal provided by the HKIAC Rules and/or Hong Kong law.  Judgment upon any award in arbitration may be entered in any court having jurisdiction.

In the event the HKIAC is unable to preside over the dispute, you and the Foundation Parties agree to submit any disputes arising under the binding arbitration administered by the American Arbitration Association-International Centre for Dispute Resolution (“AAA-ICDR”) pursuant to its Consumer Arbitration Rules and Mediation Procedures, Commercial Arbitration Rules and Mediation Procedures, and/or Mass Arbitration Supplementary Rules (together, the “AAA-ICDR Rules”), as applicable, and pursuant to this Arbitration Agreement.  The form of any such AAA-ICDR arbitration hearing (i.e., in person or virtual) and its location will be determined in accordance with applicable AAA-ICDR Rules.  The fees and costs associated with arbitration will be those set forth in AAA-ICDR applicable fee schedules.  To learn more about the AAA-ICDR Rules and how to begin an arbitration, you may call AAA-ICDR at 800-778-7879, email AAA-ICDR at CustomerService@adr.org, or visit AAA-ICDR’s website at www.adr.org.

If an arbitrator or court decides that any part of this Arbitration Agreement cannot be enforced as to a particular claim for relief or remedy (such as declaratory relief), then that claim or remedy (and only that claim or remedy) shall be severed and must be brought in court and any other claims must be arbitrated.  Any claims or causes of action seeking relief not subject to arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of the arbitration of the remaining claims to the maximum extent permitted by law.

Delegation of Arbitrability.  For the avoidance of doubt, this Arbitration Agreement includes an agreement by you and the Foundation Parties that the authority to determine the threshold question of whether a dispute or claim between you and the Foundation Parties is subject to arbitration—that is, whether such dispute or claim is arbitrable—shall rest exclusively with the arbitrator and not with a court, except as otherwise set forth expressly herein.

Mass Arbitration.  If more than 25 arbitration demands of a substantially similar nature, alleging substantially similar or identical claims or causes of action, are filed against us by the same law firm or collection of legal counsel or law firms, the claims shall not be administered by HKIAC under its rules and shall instead be administered by the AAA-ICDR pursuant to the AAA-ICDR Rules and this Arbitration Agreement.  AAA-ICDR shall (i) group the arbitration demands into batches of no more than 50 demands per group; and (ii) provide for resolution of each group or batch as a consolidated arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch.  You and the Foundation Parties agree to cooperate in good faith with AAA-ICDR to implement the aforementioned protocol for mass, collective, and/or batch arbitrations with regard to resolution, fees, and administration.  To the extent AAA-ICDR does not enforce these batching procedures, the parties agree that AAA-ICDR shall endeavor to assign multiple proceedings to a single, mutually agreeable merits arbitrator.

Informal Dispute Resolution Procedure.  In the event of any dispute, controversy, or claim arising out of or in relation to these Terms, or in connection with your use of the Functionality, the parties shall first attempt to resolve the dispute amicably through good-faith negotiations. You must notify us of a dispute by emailing us at feedback@chainspark.foundation and including information sufficient for us to confirm that you are a customer of Trojan and/or one or more of the Foundation Parties. We may notify you of a dispute by emailing any email address you have provided to us. Such notification must describe the nature and basis of the dispute and set forth the specific relief sought (“Notice”).  

If the dispute set out in a Notice is not resolved by negotiation within sixty (60) days from the date of notification, you and/or the Foundation Parties may elect to refer the dispute to arbitration within sixty (60) days thereafter. Upon such election, you and the Foundation Parties agree to submit to arbitration, as set forth above. Once you and/or a Foundation Party has elected to arbitrate, any related court proceedings shall be stayed, except for actions seeking interim or injunctive relief permitted under this section. ALL PARTIES AGREE THAT THE INFORMAL DISPUTE RESOLUTION PROCEDURE IS A CONDITION PRECEDENT THAT MUST BE SATISFIED BEFORE INITIATING ANY ARBITRATION PROCEEDING AGAINST ANY OTHER PARTY.  To the extent the parties dispute whether this condition precedent has been satisfied, this dispute shall not be decided by an arbitrator in arbitration and shall instead be decided by a court of competent jurisdiction prior to the initiation of any arbitration.  The parties agree the court shall have the authority to stay any arbitration (including the payment of any associated fees) pending resolution of any such dispute. 

Confidentiality of Arbitration.  All negotiations and arbitration proceedings related to any dispute (including, but not limited to, any settlements, awards, and the fact that they have taken place) shall be kept confidential by the parties, their representatives, and any participants in the arbitration, except as may be required by law or to enforce any settlement or arbitration award.

Claims Not Subject to Arbitration. Notwithstanding the above, you and/or the Foundation Parties may elect to: 

(1) litigate a claim in small claims court (or similar court) of your city or county of residence if the amount at issue is within the jurisdictional limits of that court.  If the dispute is commenced as an arbitration by one party, the other party shall have 30 days after service to elect to proceed in small claims court instead.  In the event of such an election, the arbitration will be dismissed, and either party may commence the claim in small claims court.

(2) bring an action a court of competent jurisdiction that asserts legal and/or equitable claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, trade secret misappropriation, and/or any other unlawful use of intellectual property.  This includes actions seeking interim or injunctive relief on—and only on—any such claims.

OPT-OUT OF ARBITRATION AGREEMENT.  You may opt out of the Arbitration Agreement within 30 days after your first use of the Functionality or availability of this Agreement to Arbitrate, whichever is later, by sending written notice of your decision to opt out to optout@trojan.com with the subject line “ARBITRATION OPT-OUT.”  To be valid, your notice of your decision to opt out must include your full name and the email address you used to create your Account.  If you do not opt-out within the 30-day timeframe, then the Arbitration Agreement shall be binding.

24. Class Action Waiver; Waiver of Jury Trial

YOU AND THE FOUNDATION PARTIES AGREE THAT ALL DISPUTES SUBJECT TO ARBITRATION UNDER THESE TERMS OF USE SHALL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS. THESE TERMS OF USE DO NOT PERMIT CLASS, COLLECTIVE OR REPRESENTATIVE ACTION LITIGATION OR ARBITRATION, OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION LITIGATION OR ARBITRATION PROCEEDING. THE ARBITRAL TRIBUNAL (OR COURT, WHERE APPLICABLE) MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.  HOWEVER, NOTHING IN THIS SECTION SHALL PREVENT YOU OR THE FOUNDATION PARTIES FROM PARTICIPATING IN A CLASS-WIDE SETTLEMENT OF CLAIMS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE FOUNDATION PARTIES ALSO HEREBY UNCONDITIONALLY, IRREVOCABLY, AND EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT, ARBITRATION, OR PROCEEDING ARISING IN CONNECTION WITH THE FUNCTIONALITY OR THESE TERMS OF USE.

25. Termination

We may suspend or cancel your access to and your use of all or part of the Functionality at any time, for any reason or no reason, in our sole discretion and without notice of any kind, without incurring liability of any kind to you as a result of such suspension or termination. In addition, if we believe or suspect that you have breached or are breaching these Terms of Use in any way, we reserve the right to terminate or suspend your access to the Functionality, in whole or in part, in our discretion, including if we suspect any fraudulent activity.

You hereby release and hold harmless the Foundation Parties from and against any losses or damages arising in connection with our suspension or termination of your use of or access to the Functionality, in whole or in part.

26. Waiver and Severability

No waiver of by Foundation of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Foundation 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.

27. Third Party Beneficiaries

You hereby acknowledge and agree that Third Party SaaS Provider and the Third Party Community Growth Partner are express third party beneficiaries of these Terms of Use and may directly enforce, and shall be entitled to rely on, these Terms of Use.

28. Entire Agreement

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

29. Your Comments and Concerns

All other feedback, comments, requests for technical support, and other communications should be directed to: feedback@chainspark.foundation.