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DexWin Terms of Use

Last updated: 24 July 2026

Section 1: Introduction and Acceptance of Terms

1.1. Critical Binding Notice and Jurisdictional Warning

NOTICE: PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCESSING, INTERACTING WITH, OR UTILIZING THE SITE, ANY INTERFACE (INCLUDING BY CONNECTING YOUR SELF-HOSTED WALLET), OR ANY FEATURE, YOU HEREBY REPRESENT THAT YOU ARE LEGALLY ABLE TO ENTER INTO A BINDING AGREEMENT AND HAVE THEREFORE READ, FULLY UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY, INCLUDING THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH IN SECTION 12. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT AUTHORIZED TO INTERACT WITH, ACCESS, OR USE ANY INTERFACE OR FEATURE.

JURISDICTIONAL WARNING AND ENFORCEMENT:ACCESS TO AND USE OF THE PLATFORM AND THE TECHNOLOGY FEATURES FOR TRANSACTING INFORMATION CONTRACTS IS STRICTLY PROHIBITED FOR ANY PERSON OR ENTITY WHO IS A RESTRICTED PERSON (AS DEFINED IN SECTION 8.3(E)). THERE ARE NO EXCEPTIONS. USE OF A VIRTUAL PRIVATE NETWORK (“VPN”) OR ANY SIMILAR ANONYMIZATION TOOL TO ATTEMPT TO CIRCUMVENT THESE RESTRICTIONS IS STRICTLY PROHIBITED. ANY PERSON IN VIOLATION OF THIS PROHIBITION MAY, IN THE COMPANY’S SOLE DISCRETION, HAVE THEIR ASSOCIATED WALLETS PLACED IN A CLOSE-ONLY MODE AND BE PROHIBITED FROM ACCESSING THE TECHNOLOGY FEATURES PERMANENTLY, IN ADDITION TO ANY REMEDIES LISTED IN SECTION 8.5.

1.2. Preface and Nature of the Platform and Features

DexWin (hereinafter referred to as the “Platform”) constitutes a distributed and specifically engineered ecosystem comprising infrastructure-level digital agreements known as smart contracts (each, a “Smart Contract”). These Smart Contracts are currently deployed, or intended to be deployed, on the Base or such other compatible blockchain networks, as the case may be (each and collectively, the “Relevant Blockchain Network”). The Site primarily functions to provide general news and information about global current affairs (the “Content Features”). The Platform is designed to provide a cohesive set of modular, non-custodial tools that enable end-users to interact with and transact in digital tokens and assets via self-hosted wallets whose value is directly and intrinsically tied to the realization or objective settlement of specific, predefined informational queries (each such digital instrument being an “Information Contract”). This functionality is defined as the “Technology Features” (collectively, the Content Features and the Technology Features are the “Features”). The Platform operates as a decentralized “Information Market”, where engagement, including the initiation, pricing, trading, all content, informational functionality, and information features and ultimate resolution of these Information Contracts, is intended to function exclusively in a peer-to-peer, decentralized manner on the underlying infrastructure of the Relevant Blockchain Network.

1.3. Access and Interface (The App)

The functionalities of the Platform and the underlying Smart Contracts may be accessed, visualized, and interacted with via a proprietary user interface, or through various Application Programming Interfaces (“APIs”), which include, but are not limited to, the website located at www.DexWin.bet and any associated subdomains, as well as any mobile or desktop applications developed by us (collectively, the “Site”). The entirety of the Smart Contracts and the Site are collectively defined herein as the “App”. Through utilization of the App, users possess the technical capacity to issue commands and transact with the immutable code of the Smart Contracts for the purpose of accessing and transacting Information Contracts.

1.4. Binding Agreement and Entity

DexWin (referred to interchangeably as the “Company”, “we”, “our” or “us”) is the singular and sole legal entity responsible for the development, maintenance, and provision of the App, Smart Contracts, and Site to you. Prior to any utilization of the App, the Smart Contracts, or the Site, you are required to consent to these Terms of Use, together with any supplementary terms, policies, or conditions expressly incorporated herein by reference (collectively, these “Terms”), as well as the Company’s Privacy Notice (“Notice”). A THOROUGH REVIEW OF THESE TERMS AND THE NOTICE IS MANDATORY PRIOR TO ACCESSING OR UTILIZING THE APP, SMART CONTRACTS, OR THE SITE.

1.5. Affirmation of Consent

BY EXECUTING ANY TRANSACTION, UTILIZING THE APP, THE SMART CONTRACTS, THE SITE, OR ANY COMPONENT THEREOF, OR BY AFFIRMATIVELY CLICKING “I ACCEPT” OR OTHERWISE INDICATING YOUR EXPLICIT ACCEPTANCE, YOU HEREBY IRREVOCABLY AFFIRM AND CONFIRM YOUR FULL UNDERSTANDING, ACKNOWLEDGEMENT, AND AGREEMENT TO BE LEGALLY BOUND BY THE ENTIRETY OF THESE TERMS AND THE NOTICE. Should you withhold acceptance of any provision within these Terms or the Notice, the Company will not and cannot provide access to the App, the Smart Contracts, or the Site. Your continued access constitutes your unqualified affirmation that you possess the requisite legal age and capacity to execute this binding agreement in your jurisdiction.

1.6. Jurisdiction and Legal Compliance

Your access to the Site, any other Interface, and Features is not (i) prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over the Company, you, the Site, any other Interface, or the Features, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, “Applicable Laws”); or (ii) contribute to or facilitate any illegal activity. You represent and warrant that you will comply with all Applicable Laws, and you will not use the Site, any other Interface, or the Features if the laws of your country, or any Applicable Law, prohibit you from doing so.

1.7. Modifications to Terms

Any supplemental terms, conditions, or policy documents posted on the App from time to time are deemed to be expressly incorporated herein by reference. We reserve the unequivocal right, exercisable in our sole and absolute discretion, to enact modifications or alterations to these Terms at any time without prior specific notification. Notice of such changes will be provided solely by updating the “Last Updated” date displayed herein. You expressly waive any right to receive specific, individualized notice of each such change. Your continued utilization of the Site, the App, and the Smart Contracts subsequent to the posting of any revised Terms shall constitute your awareness, deemed acceptance, and full agreement to be bound by the entirety of the revised Terms. If you do not agree to be bound by any updated Terms, you are prohibited from using, accessing, or otherwise interacting with the Interfaces or Features. It is your responsibility to check any Interface you use regularly for modifications to the Terms.

1.8. Informational Nature, No Liability for Content, and No Reliance

YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL INFORMATION PROVIDED AS PART OF THE CONTENT FEATURES IN CONNECTION WITH YOUR ACCESS AND USE OF THE SITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY. The Company strives to ensure that the Content Features provide information that is accurate and timely, but THERE IS NO GUARANTEE OR WARRANTY THAT THE INFORMATION IS UPDATED, COMPLETE, OR TIMELY. You acknowledge and agree that you are not relying on any information on the Site or any other Interface for any financial, legal, or transactional purpose and you expressly: (i) DISCLAIM ANY AND ALL RELIANCE on any information on the Site or within the Features; and (ii) ACKNOWLEDGE THAT THE COMPANY WILL NOT BE LIABLE for any errors, incompleteness, or omissions in such information provided. You further covenant that you shall take all necessary steps to independently verify any information on the Site or Interface on which you intend to rely and should not take action based solely on any content we make available at any time, including, without limitation, blog posts, data, articles, links to third-party content, social media content (including Discord or X), news feeds, tutorials, and videos. BEFORE YOU MAKE ANY FINANCIAL, LEGAL, OR OTHER DECISIONS INVOLVING THE FEATURES, YOU MUST SEEK INDEPENDENT PROFESSIONAL ADVICE from an individual who is licensed and qualified in the area for which such advice would be appropriate. None of the information provided on the Site, any other Interface, or through any of the Features shall be interpreted as an invitation or inducement to (i) exercise any rights to acquire, dispose of, underwrite, or convert any cryptoassets or digital assets or (ii) buy, sell, or induce a user to buy or sell any cryptoassets or digital assets.

Section 2: The App, Protocol Architecture, and User Interaction

2.1. Eligibility and Minimum Age

Access to the App is strictly limited to individuals who are at least eighteen (18) years old, or have attained the minimum age of majority required to enter into a legally binding agreement under the laws of their country or territory of residence. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you possess the requisite full legal authority to bind that entity to these Terms. If you do not meet the individual age requirements or lack the necessary legal authority to bind the entity, you are expressly prohibited from accessing, utilizing, or interacting with the Site, the App, or the Features.

2.2. Required Wallet Configuration

To successfully access and interact with the core functionalities of the App, you are first required to install and utilize a compatible web browser and a non-custodial electronic wallet application (the “User’s Wallet App”) which is technically capable of interfacing with the Relevant Blockchain Network (e.g., Solana, Ethereum, or Polygon). The User’s Wallet App is essential for you to acquire, securely store, and initiate transactions utilizing the native digital assets of the Relevant Blockchain Network. All transactions conducted within the scope of the App must originate from or be confirmed via the User’s Wallet App.

2.3. Transaction Finality and Public Visibility

All transactions related to the Information Contracts are processed, validated, and finalized exclusively on the Relevant Blockchain Network. You explicitly understand that your public cryptographic address on the Relevant Blockchain Network will be recorded and made publicly visible on the distributed ledger whenever you initiate or finalize a transaction via the App, consistent with the fundamental, transparent nature of the underlying blockchain technology.

2.4. Non-Custodial Operation and Third-Party Disclaimers

The App is architecturally designed as a non-custodial protocol. THE APP DOES NOT, AND SHALL NEVER, HOLD, RETAIN CUSTODY OF, OR EXERCISE CONTROL OVER YOUR DIGITAL ASSETS. Any digital assets which you deploy or transact within the Information Contracts through the App are and shall remain solely within your control and possession, administered exclusively through your selected User’s Wallet App. The Company shall possess no capacity or responsibility concerning such electronic wallets or the digital assets contained therein. We exert no ownership or control over the User’s Wallet App, the core infrastructure of the Relevant Blockchain Network, the third-party providers of any cryptographic browsers, or any external service or product that you may utilize to facilitate your access to the App. Consequently, we shall bear no liability for any actions or omissions of any such third parties, nor shall we be responsible for any damages resulting from your interactions or transactions with these external entities.

2.5. Security and Wallet Responsibility

The Company shall not establish or maintain any hosted wallet on your behalf, nor shall it engage in the custody of your digital assets. It is your sole, absolute, and non-delegable responsibility to safeguard the security of your selected electronic wallet, including the confidentiality and integrity of your private key(s), seed phrases, and passwords. In the unfortunate event of loss of access to your electronic wallet, including but not limited to the loss of private key(s) or passwords, any and all digital assets held within that wallet may become irretrievably lost. The Company is definitively unable to provide any assistance for the recovery of such assets.

2.6. User Autonomy and No Direction

The functionality of the Site, App, and Features provides a visual interface for connecting your self-hosted cryptographic wallet to the Smart Contracts. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, EVEN WHEN THE SITE APPEARS TO BE DYNAMIC (E.G., UPDATING DISPLAYS IN RESPONSE TO INFORMATION YOU PROVIDE), AT NO TIME IS THE COMPANY, ITS SYSTEMS, OR ITS PERSONNEL TAKING ACTION DIRECTED BY YOU OR ON YOUR BEHALF. You are solely responsible for initiating, signing, and executing all transactions, and the Company is not acting in any capacity as your agent, broker, or representative for the purpose of trade execution, clearing, or transmitting information to the Relevant Blockchain Network.

2.7. Protocol Ownership, Network Control and Open Source Disclaimer

You acknowledge that the Smart Contracts, the underlying Protocol, and the software that forms the basis of the Relevant Blockchain Network are decentralized and generally open source. NEITHER THE COMPANY NOR ANY AFFILIATE OWNS, CONTROLS, OR OPERATES ANY OF THE DEPLOYED SMART CONTRACTS, THE UNDERLYING BLOCKCHAIN SOFTWARE, OR THE CORE PROTOCOL ITSELF. CRITICALLY, THE COMPANY IS NOT RESPONSIBLE FOR THE OPERATION OF THE UNDERLYING BLOCKCHAIN NETWORK (INCLUDING SOLANA, ETHEREUM, OR POLYGON) AND MAKES NO GUARANTEE WHATSOEVER REGARDING THE NETWORK’S FUNCTIONALITY, SECURITY, AVAILABILITY, OR INTEGRITY. The Company possesses no capacity to control, maintain, provide, operate, or improve the blockchain network underlying the Protocol, nor the activity or data transmission thereon. The Company is not responsible for the activities of third-party persons or entities who develop or use applications, or who validate or verify transactions, or conduct other operations related to the Relevant Blockchain Network. Users should not assume that the Relevant Blockchain Network, or any third-party operated application on it, is affiliated with the Company. This open-source nature means that any individual is generally free to use, copy, modify, and distribute the underlying code, and your ability to interact with the Platform is predicated on the continued, decentralized operation of software that the Company does not control.

Section 3: Services, Contract Mechanism, and Resolution

3.1. Technical Solution Description

The App serves as a sophisticated, client-side, non-custodial technical solution focused on data processing and connectivity. Its primary function is to facilitate and manage a user’s direct and permissionless interaction with the Smart Contracts for the purposes of acquiring and selling Information Contracts. This involves the programmatic deposit of digital assets into the Smart Contracts and the subsequent programmatic retrieval or withdrawal of digital assets upon the predetermined resolution of the underlying information. All such assets remain at all times under the user’s cryptographic control, circumventing the need for any intermediary custodian.

3.2. Information Contract Resolution Mechanism

The Company is responsible for providing the interface that connects users directly with the Smart Contracts on the Relevant Blockchain Network to enable the transacting of Information Contracts. The final and definitive resolution of these Information Contracts is determined solely by a pre-defined and immutable Resolution Mechanism. This mechanism, which may include a decentralized oracle system (such as UMA) or other independent, verifiable third-party data feeds, is responsible for supplying the objective data necessary for the Smart Contracts to programmatically finalize and settle the contractual outcome.

3.3. Disclaimers Regarding Resolution Mechanism

THE COMPANY IS NOT, NOR DOES IT OPERATE AS, THE RESOLUTION MECHANISM OR ORACLE SERVICE PROVIDER. The Company holds no authority to independently determine, verify, or certify the actual outcome of any Information Contract. The Company’s role is strictly limited to providing the gateway access to the Smart Contracts, which are irrevocably coded to execute settlement instructions based only on the data provided by the designated Resolution Mechanism. The inherent pricing, associated fees, and potential returns related to the Information Contracts are dynamically determined by the users’ collective actions and prevailing market forces, and the Company offers no guarantee or representation in connection therewith.

You acknowledge and fully comprehend that the assessment of the reliability, integrity, and security of the designated Resolution Mechanism for any specific Information Contract is your sole and exclusive responsibility. The Company shall assume no liability or contractual obligations whatsoever pertaining to any failure, malicious attack, or operational lapse of the Resolution Mechanism, or for any actions or omissions by the independent third-party providers responsible for its operation.

3.4. Non-Financial Advisory Capacity and No Fiduciary Relationship

THE APP AND THE UNDERLYING SMART CONTRACTS ARE TECHNOLOGICAL PLATFORMS OPERATING EXCLUSIVELY AS AN ADMINISTRATIVE INTERFACE. THE PRICING INFORMATION AND ANY RELATED MARKET DATA PROVIDED ON THE SITE OR VIA THE FEATURES RELATING TO INFORMATION CONTRACTS DOES NOT, AND SHALL NOT BE CONSTRUED TO, REPRESENT AN OFFER, A SOLICITATION OF AN OFFER, OR ANY FINANCIAL ADVICE OR RECOMMENDATION TO ENTER INTO A TRANSACTION WITH THE COMPANY. IN NO CIRCUMSTANCES WHATSOEVER SHALL THE COMPANY, THE SMART CONTRACTS, THE SITE, OR THE APP BE DEEMED TO OPERATE AS A BANK, BROKER, DEALER, FUND MANAGER, FINANCIAL INSTITUTION, EXCHANGE, CUSTODIAN, ROBO-ADVISOR, INTERMEDIARY, OR CREDITOR. The Company is explicitly not a party to any Information Contract or underlying transaction, and we do not furnish or imply the provision of financial, legal, regulatory, investment, or tax advisory services, either directly or indirectly. You are strongly advised to seek independent professional counsel prior to engaging in any transactions utilizing the App. You acknowledge and agree that these Terms are not intended to, and do not, create or impose any fiduciary duties on the Company. The only duties and obligations owed to you by the Company are those explicitly set forth in these Terms, and no implicit duties of care, loyalty, or disclosure are assumed or established.

Section 4: Fees, Charges, and Tax Obligations

4.1. Transactional Payments and Irreversibility

In the event you elect to interact with the Smart Contracts to transact Information Contracts, all resultant digital asset transactions shall be executed and recorded exclusively on the Relevant Blockchain Network. The Company possesses no visibility into or ability to control these transactions and, critically, retains no technical capacity to reverse any executed transactions. THE COMPANY IS NOT RESPONSIBLE FOR THE RESULT OF ANY TRANSACTION, INCLUDING BUT NOT LIMITED TO FAILED, INADVERTENT, OR FRAUDULENT TRANSACTIONS THAT MAY RESULT IN LOSS OF FUNDS OR TRANSACTION FEES OR ANY OTHER HARM OR LOSS TO YOU. The Company is therefore completely absolved of any liability for any claims or damages arising from transactions initiated by you via the App.

4.2. Network Transaction Fees (Gas)

The Relevant Blockchain Network mandates the payment of a computational fee, known as a “Gas Fee,” for the processing and validation of every transaction broadcasted to its decentralized network. Accordingly, you shall be solely responsible for incurring and remitting the necessary Gas Fee for each transaction executed via the App.

4.3. Protocol and Third-Party Fees

In addition to the Gas Fee, you may be subject to additional charges, including fees and commissions levied directly by the Protocol (Smart Contracts) or the Resolution Mechanism (Oracle) in exchange for their service provision. The Company reserves the unequivocal right to institute and levy supplementary access fees for the use of the Smart Contracts, the Site, or the App at any point in the future. You hereby agree to promptly and fully pay all aforementioned fees and commissions.

4.4. Responsibility for Taxes

Notwithstanding any other provision herein, you shall bear the sole and exclusive responsibility for the calculation, reporting, and payment of any and all sales, use, value-added, income, and any other taxes, duties, and governmental assessments (collectively, “Taxes”) now or hereafter claimed or imposed by any governmental or fiscal authority. This obligation includes, without limitation, any Taxes that may become due as a consequence of your transaction in Information Contracts, the ownership or transfer of digital assets, or any accrued gains derived from the use of the App.

Section 5: Intellectual Property and Content Rights

5.1. Ownership of Materials

The Company maintains exclusive ownership over the Site and the App. You acknowledge and agree that the Company holds all legal right, title, and interest, including all associated intellectual property rights, in and to every constituent element of the Site and the App. This encompasses, without limitation, all designs, proprietary systems, methodologies, embedded information, computer code, software, website design, the entire ‘look and feel’, organization, compilation of content, data, databases, functional components, audio, video, text, graphics, and all other elements of the App (collectively, the “Materials”). You confirm that the Materials are comprehensively protected by applicable copyright, trade dress, patent, and trademark laws, as well as international conventions and other proprietary rights legislation.

5.2. Limited License Grant and Prohibitions

Subject to your continuous compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, and revocable license solely to utilize the Site and the App strictly for your personal, non-commercial use. This license explicitly does not grant you the right to sublicense, sell, rent, lease, transfer, assign, distribute, host, reproduce, or otherwise commercialize any component of the Materials without the express prior written consent of the Company. Furthermore, you shall not modify, create derivative works from, disassemble, reverse compile, or reverse engineer any part of the Materials.

5.3. User Generated Content (UGC)

By engaging with the App, you agree and explicitly acknowledge that all information and content submitted or provided by you, including, but not limited to, your displayed username, any messages, posts, comments, or other user generated content (the “UGC”), shall be treated as non-confidential and non-proprietary information, and may be displayed publicly on the App. By providing such UGC, you grant the Company an encompassing, non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, and worldwide license to utilize, copy, duplicate, store, display, perform, publish, and distribute all or any portion of the UGC, without any requirement for attribution or compensation to you. Notwithstanding the foregoing, the processing of any personal data associated with the submission of UGC is and shall remain governed by the terms of the Notice and all Applicable Laws regarding data protection.

5.4. Third-Party and Open Source Components

YOU ACKNOWLEDGE AND AGREE THAT YOU DO NOT RECEIVE ANY OTHER RIGHTS TO THE SITE, ANY OTHER INTERFACE, OR FEATURES OTHER THAN THOSE SPECIFIED IN THESE TERMS. You acknowledge that certain underlying features of the App, the Smart Contracts, or integrated third-party applications may be provided to you under a separate and distinct open-source software license (such as the AGPL 3.0, the MIT License, or other analogous open-source or proprietary licenses). You expressly agree that you must review any terms relevant to those third-party features or applications to definitively determine the relevant license applicable thereto, and you covenant that you will not breach or violate the terms and conditions of any such separate license.

5.5. User Feedback

You are explicitly permitted to provide feedback, comments, questions, or suggestions (collectively, “Feedback”) regarding potential improvements or updates to the Interfaces or Features. We welcome Feedback related to the App’s performance or inquiries about its functionality. We shall review any Feedback provided but are under no legal obligation to do so, nor are we obligated to release any modifications or improvements based on the Feedback you submit to us. You irrevocably acknowledge and agree that the Company shall own all right, title, and interest in and to all Feedback you provide or submit. You further represent and warrant that (i) you and your licensors own all necessary right, title, and interest in and to your Feedback; and (ii) in providing Feedback to us, you shall not violate the intellectual property or other proprietary rights of any third party.

Section 6: Indemnification

6.1. Indemnification Obligation

You covenant and agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and each of their respective employees, officers, directors, representatives, and agents (collectively, the “Company Parties”) from and against any and all demands, claims, regulatory actions, proceedings, losses, fines, penalties, liabilities, costs, and expenses, including reasonable legal fees and disbursements (collectively, “Damages”), that arise out of or relate to: (i) your access to, use of, or interaction with the App, the Smart Contracts, the Information Contracts, or the Services; (ii) any actual or alleged breach of any representation, warranty, or covenant made by you within these Terms; (iii) your violation of any Applicable Law, rule, or regulation, including, without limitation, any breach of Sanctions or KYC/AML requirements; (iv) any claim asserted by a third party arising from your use of the Platform, including any claim that your actions or UGC infringe or misappropriate the intellectual property or proprietary rights of such third party; and (v) any market activity deemed to be Prohibited Conduct as defined in Section 8.2.

6.2. Control of Defense

In the event that a claim or proceeding is brought against any Company Party for which indemnification is sought hereunder, the Company reserves the absolute right, exercisable in its sole discretion, to assume control of the defense and settlement of such claim or proceeding, utilizing counsel of its own choice. You shall cooperate fully with the Company in such defense, including providing all information and assistance reasonably requested by the Company. You shall not settle any third-party claim or waive any defense without the Company’s explicit prior written consent.

Section 7: Limitation of Liability and Risk Allocation

7.1. Exclusion of Indirect Damages

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, INCLUDING ITS AFFILIATES, SERVICE PROVIDERS, CONTRACTUAL COUNTERPARTIES, AND LICENSORS, SHALL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS EXCLUSION APPLIES TO DAMAGES INCURRED IN CONNECTION WITH THE SMART CONTRACTS, THE SITE, THE APP, ANY INFORMATION CONTRACT, OR ANY RESOLUTION MECHANISM, REGARDLESS OF THE LEGAL THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, OR STRICT LIABILITY). SUCH EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOST PROFITS (WHETHER DIRECTLY OR INDIRECTLY INCURRED), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COSTS ASSOCIATED WITH THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF THE COMPANY, ITS AFFILIATES, AND/OR SERVICE PROVIDERS WERE EXPRESSLY ADVISED OF THE POTENTIALITY OF SUCH DAMAGES.

7.2. Aggregate Liability Cap

YOU ACKNOWLEDGE AND AGREE THAT THE TOTAL, CUMULATIVE AGGREGATE LIABILITY OF THE COMPANY, ITS AFFILIATES, AND LICENSORS, FOR ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION ARISING OUT OF OR IN RELATION TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SMART CONTRACTS, THE SITE, THE APP, OR ANY INFORMATION CONTRACT, SHALL BE STRICTLY LIMITED TO THE LESSER AMOUNT OF EITHER: (A) THE TOTAL SUMS ACTUALLY PAID BY YOU TO THE COMPANY UNDER THESE TERMS WITHIN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE UPON WHICH THE INITIAL CLAIM AROSE; OR (B) THE SUM OF ONE HUNDRED UNITED STATES DOLLARS (US$100.00).

7.3. Further Exclusions of Liability

FURTHERMORE, AND WITHOUT LIMITING THE SCOPE OF THE FOREGOING PROVISIONS, THE COMPANY SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES, REGARDLESS OF THE LEGAL THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY OF THE FOLLOWING:

  • Service Interruption: Your inability to use, or any delay encountered in the use of, the Interfaces or Features, including as a result of any: (A) termination of these Terms or your use of or access to the Interfaces or Features; (B) our suspension or discontinuation of any or all of the Interfaces or Features; or (C) any unanticipated or unscheduled downtime of all or a portion of the Site, any Interfaces, or Features for any reason whatsoever.
  • Substitute Goods: The cost of procurement of substitute goods or services necessitated by any interruption, malfunction, or unavailability of the App.
  • User Commitments: Any investments, expenditures, or commitments made or incurred by you in connection with these Terms or your use of or access to the Interfaces or Features.
  • Data Compromise: Any unauthorized access to, alteration of, or the deletion, destruction, damage, loss, or failure to store any of your data, or any data related to your transactions or wallet interactions.
  • Market Risk: Any change in the market value of any cryptoasset, digital asset, or Information Contract.
  • Security Events and Smart Contract Exploitation: Any damage, loss, injury, or loss of digital assets (whether complete or partial) directly or indirectly resulting from: (A) any breach, exploitation, or inherent or latent vulnerability within the Smart Contracts, the underlying Protocol, or the Relevant Blockchain Network code; (B) any successful malicious attack, including but not limited to, denial-of-service attacks, consensus-based attacks, Sybil attacks, phishing, spoofing, social engineering, malware, or ransomware targeting the Interfaces or Features; (C) any unauthorized access, tampering, or malicious use of the Interfaces or Features by third parties or bad actors; or (D) any failure of security mechanisms, controls, or defenses deployed by the Company or any third-party service provider, AND YOU EXPRESSLY AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY FINANCIAL LOSSES OR DAMAGES SUSTAINED DUE TO SUCH SECURITY BREACHES OR MALICIOUS ACTIVITIES.

7.4. Essential Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS MADE THE SMART CONTRACTS, THE SITE, AND THE APP AVAILABLE TO YOU AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY STIPULATED HEREIN. THESE PROVISIONS REPRESENT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND CONSTITUTE AN ESSENTIAL, INTEGRAL BASIS OF THE COMMERCIAL BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD BE UNABLE TO OFFER THE APP TO YOU WITHOUT THESE EXPRESSED LIMITATIONS.

7.5. Disclaimer of All Warranties

THE APP, THE SITE, THE SMART CONTRACTS, AND ALL FEATURES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL STATUTORY, EXPRESS, AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE SAFETY, SECURITY, INTEGRITY, OR VALUE RETENTION OF ANY DIGITAL ASSETS, CRYPTOASSETS, OR INFORMATION CONTRACTS UTILIZED BY YOU, AND SPECIFICALLY DISCLAIMS ANY DUTY OF CARE OR CUSTODIAL OBLIGATION RELATED THERETO. THE COMPANY DOES NOT WARRANT THAT THE APP OR THE SMART CONTRACTS WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APP. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS DISCLAIMER.

Section 8: User Obligations, Representations, and Prohibited Conduct

8.1. General User Obligations

You covenant and agree that your conduct while accessing or using the App, and any consequences resulting therefrom, are solely your responsibility. You commit to utilizing the App exclusively for purposes that are lawful, ethically sound, and in continuous adherence to these Terms and all applicable statutory and regulatory provisions.

8.2. Prohibited Conduct (Non-Exhaustive List)

By way of extensive example, and not as an absolute limitation, you are expressly prohibited from, and shall not permit any third party to:

  • Violate any provision of these Terms, or Exploit the Site, any other Interface, or Features for any unauthorized purpose;
  • Violate, infringe upon, or misappropriate the legal rights (including privacy and publicity rights) of any other person or entity through the use of the App;
  • Initiate, promote, or encourage any form of illegal activity, including, but not limited to, money laundering, terrorist financing, or other financial crimes;
  • Utilize the App or the Platform for any unauthorized commercial exploitation, resale, or purpose without the Company’s explicit prior written consent;
  • Engage in any effort to circumvent, bypass, or undermine any technical safeguard or access restriction employed on the Site, including, without limitation, the use of a Virtual Private Network (VPN), proxy servers, or other anonymization technologies designed to evade jurisdictional or geographic restrictions;
  • Engage in any activity that violates any Applicable Laws, rule, or regulation concerning the integrity of the Site, any other Interface, and the Features, including (but not limited to): (i) any fraudulent act or scheme to defraud, deceive, trick, or mislead; (ii) front-running; (iii) fraudulent trading; (iv) fictitious transactions; (v) pre-arranged or non-competitive transactions; (vi) cornering, or attempted cornering; (vii) violations of bids or offers; (viii) wash trading (e.g., placing or accepting buy and sell orders in the same contract, where you know or reasonably should know that the purpose of the orders is to avoid taking a bona fide market position exposed to market risk); (ix) manipulation; (x) spoofing (i.e., placing buy or sell orders without a bona fide intent to transact and with the intent to cancel before execution); (xi) knowingly making any bid or offer for the purpose of making a market price that does not reflect the true state of the market; or (xii) any other trading activity that, in the reasonable judgment of the Company, is abusive, improper, or disruptive;
  • Provide false, inaccurate, or misleading information while using the Site, any other Interface, or the Features, or engage in activity that operates to defraud the Company, other users of the Features, or any other person;
  • Use the Site, any other Interface, or the Features, in any way that is, in our sole discretion, libelous, defamatory, profane, obscene, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, stalking, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive, or otherwise objectionable or likely or intended to incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others;
  • Use the Site, any other Interface, or Features in any manner that could disable, overburden, damage, or impair the Site, any other Interface, or Features or interfere with any other party’s use or enjoyment or the Site, any other Interface, or Features, including: Malicious Software (introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful); Unauthorized Access (attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server(s) on which they are stored, or any server, computer or database connected to them); or Denial of Service (attack the Site via a denial-of-service or distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site);
  • Harvest or otherwise collect information from the Site, any other Interface, or the Features for any unauthorized purpose, or use any data mining tools, robots, crawlers, or similar data gathering and extraction tools to scrape or otherwise remove data from the Site, any other Interface, or Features;
  • Reverse engineer, disassemble, or decompile the Interfaces or Features or apply any other process or procedure to derive the source code of any software included in the Interfaces or Features except to the extent applicable law does not allow this restriction or such rights have been expressly granted to you under a separate license; or sublicense, sell, or otherwise distribute the Interfaces or Features, or any portion thereof;
  • Use any manual process to monitor or copy any of the material on the Site, any other Interface, or Features or for any other unauthorized purpose without our prior written consent;
  • Use the Site, any other Interface, or the Features for or on behalf of any person residing in a jurisdiction that we have, in our sole discretion, determined is a jurisdiction where the use of the Site, any other Interface, or the Features is prohibited, including all Restricted Jurisdictions;
  • Employ any automated data retrieval or indexing device, such as a robot, spider, crawler, or scraper, to harvest or index any portion of the App’s content or to collect user information for any unauthorized or nefarious purpose;
  • Access or utilize the App by means of automated processes or under any false, deceptive, or fraudulent pretext.

8.3. User Representations and Warranties

By utilizing the Site, the App, and the Smart Contracts, you expressly represent and warrant that:

  • Technological Competence: You possess substantial knowledge, adequate market sophistication, and practical experience regarding the technical functionality, security risks, storage mechanisms, and core characteristics of cryptographic tokens, blockchain technology, and decentralized software systems, allowing you to fully appreciate the potential risks and implications associated with transacting of Information Contracts.
  • Compliance with Local Law: Your access to, and interaction with, any Information Contract is and shall remain in full and continuous compliance with all applicable laws and regulations in every jurisdiction to which you may be subject.
  • Sanctions Compliance:You represent and warrant that you are not, and for the duration of the time you use the Site, any other Interface, and Features, will not be (i) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties; (ii) in contravention of any laws and regulations pertaining to anti-money laundering or terrorist financing; (iii) included on the List of Specially Designated Nationals and Blocked Persons maintained by the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) or on any list pursuant to European Union (EU) and/or United Kingdom (UK) regulations (as the latter are extended to Panama by statutory instrument); or (iv) operationally based or domiciled in a country or territory in which sanctions imposed by the United Nations (whether through the Security Council or otherwise), OFAC, the EU and/or the UK apply, or otherwise pursuant to sanctions imposed by the United Nations, OFAC, EU, or UK. If at any point the above is no longer true, you must immediately cease utilizing the Site, any other Interface, and Features.
  • Source of Funds: All digital assets transacted, deployed, or deposited in any Smart Contract originate from lawful activities and are not derived from or related to any unlawful conduct, including but not limited to money laundering or terrorist financing activities.
  • Restricted Jurisdictions:You acknowledge and agree that you are not permitted to access, use, or transact with the Information Contracts on the Platform if you are residing in, a citizen of, organized in, or located in the following jurisdictions (collectively, the “Restricted Jurisdictions”): a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States (including but not limited to Iran, Syria, Cuba, North Korea, and the Crimea, Donetsk and Luhansk regions of Ukraine); the United States, United Kingdom, France, Ontario, Singapore, Poland, Thailand, or Taiwan.

8.4. Know Your Customer (KYC) and Anti-Money Laundering (AML)

The Company is firmly committed to maintaining the highest standards of anti-money laundering and combating the financing of terrorism compliance. Accordingly, the Company explicitly reserves the unqualified right, exercisable in its sole and absolute discretion, to require any user, at any time, to provide documents and information necessary to complete “Know Your Customer” (“KYC”) and “Anti-Money Laundering” (“AML”) due diligence checks, including for the explicit purpose of verifying that you are not a Restricted Person. The documentation requested may include, without limitation, certified government identification, proof of residence, and verification of the source of funds or wealth. You agree to immediately and fully comply with any such request within the specified time frame. Failure to provide the requested documentation to the Company’s satisfaction, or the identification of any information suggesting involvement in prohibited activities (including money laundering, terrorism financing, Sanctions violations, or residence in a Restricted Jurisdiction), shall constitute a material breach of these Terms and may result in the immediate and permanent application of any of the following remedial actions, or a combination thereof: (i) terminating your access to the Site, any other Interface, and/or Features; (ii) prohibiting you from participating in any reward or incentive programs or product launches; and (iii) taking any other action the Company deems reasonable or necessary in its sole discretion, including cooperating with law enforcement. The Company may also be required, and reserves the right, to report any suspicious activity to the relevant regulatory authorities without prior notice to you.

8.5. Enforcement and Remedial Actions

You acknowledge and agree that in the event that you use the Site, any other Interface, or Feature in a potentially prohibited manner, the Company may initiate an investigation. The Company reserves the comprehensive right, in its sole and absolute discretion, to pursue any and all necessary remedial actions, including but not limited to: (i) immediately terminating your access to the Site, any other Interface, and/or Features; (ii) prohibiting you from participating in any past, current, or future reward, incentive, or distribution programs or product launches; and (iii) taking any other action the Company deems reasonable or necessary, which may include cooperating fully with law enforcement, regulatory bodies, or relevant government authorities, or bringing claims against you if your prohibited conduct results in harm or damage to the Company, its affiliates, the Protocol, or other users, in order to rectify the prohibited conduct or any consequences resulting therefrom.

Section 9: Inherent Risks Borne by Users

9.1. Acceptance of Financial Risk

You hereby acknowledge, confirm, and agree that the utilization of the App and the act of transacting in Information Contracts are inherently accompanied by significant and substantial financial risk. You confirm your full awareness of such risks, which include, but are not limited to, the following enumerated points:

  • Experimental Nature and Full Loss: You acknowledge and understand that the Information Contracts are highly experimental, inherently risky, and subject to extreme volatility. Your participation carries the risk of loss of the full amount of cryptoassets supplied, and BY USING THE PLATFORM TO TRANSACT INFORMATION CONTRACTS, YOU CAN LOSE UP TO THE ENTIRE AMOUNT OF THE CRYPTOASSETS SUPPLIED TO THE CONTRACT.
  • Irreversibility and No Refunds: Transactions entered into in connection with the Information Contracts are processed and finalized on the Relevant Blockchain Network, meaning they are irreversible, final, and non-refundable.
  • Suitability and Resources: You should, therefore, carefully consider and independently determine whether transacting in Information Contracts is suitable for you in light of your personal circumstances, financial resources, and risk tolerance.
  • Suspension and Leverage Risks: Such financial risks and adverse outcomes may be significantly exacerbated when leverage and/or derivative products are utilized. Furthermore, the Company may, at any time and in its sole and absolute discretion, elect to suspend or terminate its support of any or all Information Contracts, which may impact your ability to exit a position.
  • Extreme Volatility Risk: The valuation of Information Contracts, being non-traditional digital assets, is extremely volatile, unpredictable, and subject to rapid, sudden, and potentially extreme price fluctuations. You acknowledge the distinct possibility of suffering the complete and total loss of the entire value of your transacted digital assets.
  • Smart Contract and Protocol Risk: The Smart Contracts and the underlying Protocol are fundamentally experimental software and technological applications. They are susceptible to, and may contain, undetected security vulnerabilities, coding errors, systematic failures, operational bugs, or exploitable economic loopholes. Any successful exploitation by malicious third parties could result in substantial or total financial losses to you. You further acknowledge that the Company may not have the capacity, ability, or financial resources to patch or resolve vulnerabilities in the underlying Protocol or Smart Contracts once they are deployed, and you assume the entire risk of financial loss stemming from any such technical failure or exploitation.
  • Resolution Mechanism Failure Risk: The conclusive accuracy and definitive settlement of Information Contracts are entirely contingent upon the correct and reliable functionality of the designated, pre-defined Resolution Mechanism (Oracle). Any failure, compromise, or the transmission of erroneous, manipulated, or incorrect data by the Resolution Mechanism may directly result in an inaccurate or fundamentally unfair contract resolution, and you unequivocally bear all risk associated with such an eventuality.
  • Regulatory and Legal Uncertainty: The regulatory environment surrounding blockchain technology, cryptocurrencies, and decentralized market protocols is nascent, highly uncertain, and subject to rapid and unpredictable changes. The introduction of new or amended regulations, policies, or legislative actions may materially and adversely impact the Platform, the functionality of the Smart Contracts, and the economic value of any Information Contracts transacted or held by you.
  • Lack of Custody and Private Key Loss: As the App is non-custodial, the Company neither stores, sends, nor receives any of your digital assets. All asset transfers are executed exclusively on the Relevant Blockchain Network. In the event of the loss, theft, or compromise of your cryptographic private keys, the Company is legally and technically unable to facilitate the recovery of your digital assets, and they may be permanently irretrievable.
  • No Performance Guarantee: The Company makes no warranty, guarantee, or representation, either express or implied, that any Information Contract is likely to generate profits or achieve any specific financial performance metric. Any historical data, past performance indicators, or market scores displayed are provided solely for informational purposes and are explicitly not indicative of, or a guarantee of, future results or outcomes.
  • No Guarantee of Asset Safety or Value: YOU EXPLICITLY ACKNOWLEDGE THAT THE COMPANY PROVIDES NO GUARANTEE, ASSURANCE, OR WARRANTY WHATSOEVER REGARDING THE SAFETY, INTEGRITY, OR FUTURE VALUE OF ANY DIGITAL ASSETS, CRYPTOASSETS, OR INFORMATION CONTRACTS UTILIZED BY YOU, AND SPECIFICALLY DISCLAIMS ANY DUTY OF CARE OR CUSTODIAL OBLIGATION RELATED THERETO. The Company does not warrant that the App or the Smart Contracts will be uninterrupted, error-free, secure, or free from viruses or other harmful components. You assume the entire risk as to the quality and performance of the App. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS DISCLAIMER.

Section 10: External Sites and Hyperlinks

The Site or the App may, as a convenience to the user, incorporate or provide hyperlinks leading to other external websites, applications, or resources (collectively, “External Sites”). You explicitly acknowledge and agree that the Company exercises no supervisory or administrative control over the content, operation, or availability of any External Sites. We are therefore not responsible for the accessibility of any External Sites, nor do we endorse, warrant the accuracy of, or accept liability for any advertising material, products, content, or other materials published on or made available from any External Sites. Furthermore, you acknowledge and agree that the Company shall not be held liable for any loss or damage incurred as a direct or indirect consequence of the availability or unavailability of External Sites, or resulting from any reliance placed by you upon the completeness, veracity, or existence of any information or materials presented therein.

Section 11: Third-Party Services and External Resources

11.1. Integration of Third-Party Services

The Site, the App, and the underlying Features are designed to integrate with, rely upon, or otherwise grant access to applications, services, technological components, data streams, and resources (collectively, “Third-Party Services”) that are developed, maintained, or provided by entities other than the Company (e.g., blockchain infrastructure, wallet providers, oracle data feeds, and external linking sites).

11.2. Disclaimer of Control and Responsibility

The Company exerts no control over the content, functionality, security, privacy practices, or operational integrity of any Third-Party Services. Such Third-Party Services are provided for your convenience only, and the Company accepts no responsibility or liability for any content contained within those services or for any loss or damage that may arise from your direct use of them.

11.3. User Assumption of Third-Party Risk

Your decision to access, utilize, or rely upon any Third-Party Service, regardless of whether it is linked from or integrated into the App, is undertaken entirely at your own risk. You acknowledge and agree that your interaction with any Third-Party Service is governed exclusively by the separate terms and conditions, privacy policies, or other agreements established by that third party. The Company specifically disclaims any responsibility for:

  • The accuracy, availability, reliability, verification, or completeness of information or content shared by or available through Third-Party Services.
  • The privacy practices or data handling procedures of any Third-Party Service.
  • Any damage or loss caused, directly or indirectly, by or in connection with the use of or reliance on any Third-Party Services.

11.4. No Endorsement

The integration, inclusion, or linking of any Third-Party Service within the Site or the App shall not, under any circumstances, imply an endorsement, recommendation, or affiliation by the Company. You are solely responsible for conducting your own independent review of any Third-Party Service before entering into any transaction or relying on any information provided thereby. You, and not the Company, shall be responsible for all costs and charges associated with your use of any Third-Party Services.

Section 12: Governing Law and Dispute Resolution

12.1. Governing Law

These Terms, and any dispute, controversy, claim, or action arising out of or related to their subject matter, interpretation, or enforcement, shall be construed and governed exclusively by the substantive laws of the Republic of Panama, without regard to its principles of conflict of laws.

12.2. Mandatory Pre-Arbitration Dispute Resolution

Prior to initiating any formal legal proceeding, including arbitration, against the Company, you and the Company mutually covenant and agree that any dispute, claim, or controversy (a “Dispute”) arising out of or relating to these Terms, the App, or the Protocol shall first be subjected to mandatory, good faith negotiation. Such negotiation shall be initiated by the aggrieved party providing a detailed written notice to the other party (the “Dispute Notice”), specifically identifying the nature of the Dispute and the resolution sought. The party receiving the Dispute Notice shall have thirty (30) calendar days from the date of receipt to formally respond. The parties shall thereafter make good faith efforts to resolve the Dispute through mutual discussion and negotiation for a period not exceeding sixty (60) calendar days from the date the Dispute Notice was first received. Only if the parties are unable to reach a mutually acceptable resolution within this sixty (60) day period may either party submit the Dispute to binding arbitration in accordance with Section 12.3.

12.3. Mandatory Binding Arbitration

Any and all Disputes (that remain unresolved after the mandatory negotiation period described in Section 12.2) arising out of or relating to these Terms, the App, or the Protocol, including disputes concerning the formation, validity, enforceability, interpretation, or scope of this agreement to arbitrate, shall be definitively and exclusively resolved by final and binding arbitration. Such arbitration shall be conducted in the Republic of Panama before a single, neutral arbitrator. This provision does not preclude either party from seeking necessary provisional remedies or interim relief in aid of arbitration from a court of appropriate jurisdiction.

12.3. Waiver of Jury Trial, Class Action, and Class Arbitration

BY ACCEPTING THESE TERMS, YOU AND THE COMPANY EACH VOLUNTARILY AND KNOWINGLY WAIVE THE CONSTITUTIONAL RIGHT TO A TRIAL BY JURY FOR ANY AND ALL DISPUTES. Furthermore, you and the Company explicitly agree that any arbitration conducted pursuant to this Section shall be strictly on an individual basis. CLASS ARBITRATIONS, CLASS ACTIONS, CONSOLIDATED PROCEEDINGS, MULTI-PLAINTIFF PROCEEDINGS, OR REPRESENTATIVE ACTIONS ARE STRICTLY PROHIBITED AND SHALL NOT BE PERMITTED. The arbitrator shall be vested with no authority to consolidate or aggregate any arbitration, nor shall the arbitrator possess the power to make an award to any person or entity not a named party to the individual arbitration proceeding.

Section 13: General Provisions

13.1. Entire Agreement

These Terms, together with any documents expressly incorporated herein by reference, constitute the entire, complete, and exclusive understanding and agreement between you and the Company concerning the subject matter hereof, and they supersede and replace all prior or contemporaneous oral or written representations, understandings, communications, and agreements between you and the Company relating to such subject matter.

13.2. Assignment

You shall not have the right to assign, delegate, or otherwise transfer any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior express written consent of the Company, which consent may be withheld in its sole discretion. The Company reserves the unequivocal right to assign, delegate, or otherwise transfer these Terms, in whole or in part, without restriction and without prior notice to you. Any purported assignment or transfer in contravention of this Section shall be deemed null, void, and of no legal effect. Subject to the foregoing, these Terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted successors and assigns.

13.3. No Relationship or Agency

Nothing contained in these Terms shall be construed or interpreted to create any relationship between you and the Company other than as explicitly described and defined herein. It is the express intention of the Parties that these Terms shall not, under any circumstance, be deemed to create any relationship of principal and agent, partners, joint venturers, fiduciary, employer and employee, or any similar form of legal association between you and the Company. You are hereby prohibited from making any representation or statement, whether expressed or implied, that would suggest you possess the authority to act as an agent or representative of the Company for any purpose whatsoever.

13.4. Waiver

The failure or delay by the Company to enforce or exercise any provision of these Terms at any time shall not operate as a present or future waiver of such provision, nor shall it in any manner affect the Company’s right to enforce such provision at a later time. Furthermore, no single or partial exercise of any right or remedy hereunder shall preclude any other or further exercise of any right or remedy. All waivers by the Company must be made in writing to be legally effective.

13.5. Severability

Should any portion, provision, clause, or paragraph of these Terms be determined by any court of competent jurisdiction or arbitrator to be invalid, void, or otherwise unenforceable, the remaining portions of these Terms shall remain in full force and effect to the maximum extent permitted by applicable law. The invalid or unenforceable portion shall be interpreted to effectuate the original intent of the parties to the greatest extent possible. If such construction proves impossible, the invalid or unenforceable portion shall be severed from these Terms, but the remaining provisions shall continue in full force and effect.

Section 14: Suspension, Modification, and Termination

14.1. Right to Suspend or Terminate Access

The Company reserves the unqualified right, exercisable in its sole and absolute discretion, to enact comprehensive modifications to, or completely discontinue, the Site and the Features. The Company may modify, substitute, eliminate, restrict access to, or add to the Site, any other Interface, or any Feature at any time and from time to time, with or without prior notice to you, including, but not limited to, deleting or otherwise materially modifying content and information. The Site, any other Interface, and the Features are intended to evolve, which signifies that the Company may apply technical or functional changes, replace, or permanently discontinue (temporarily or permanently) the Site, any other Interface, or the Features, or any component thereof, at any time in its sole discretion.

The Company may, at its sole and absolute discretion, from time to time and with or without prior notice to you, modify, suspend, or disable your access to the Site, any other Interface, or the Features, in whole or in part, for any reason whatsoever, including, but not limited to: (i) your material breach or violation of any covenant, representation, or warranty within these Terms; (ii) necessary scheduled or unscheduled maintenance procedures, system repairs, or security upgrades; (iii) the occurrence of causes beyond the Company’s reasonable control, such as disruptions to underlying blockchain infrastructure, or force majeure events; or (iv) the Company’s determination, in its sole judgment, that your continued access poses an unacceptable security risk or violates Applicable Law. Upon any modification, suspension, or termination of your access, your privilege and right to use the Site, any other Interface, or the Features will immediately and definitively cease.

THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY LOSSES SUFFERED BY YOU OR ANY THIRD PARTY RESULTING FROM ANY MODIFICATION, SUSPENSION, OR TERMINATION, FOR ANY REASON, OF YOUR ACCESS TO ALL OR ANY PORTION OF THE SITE, ANY OTHER INTERFACE, OR THE FEATURES.

14.2. Survival

Notwithstanding any termination, suspension, or expiration of your access or this agreement, the provisions of Sections 1.6 (Jurisdiction and Legal Compliance), 3.4 (Non-Financial Advisory Capacity), 4.4 (Responsibility for Taxes), 5 (Intellectual Property and Content Rights), 7 (Limitation of Liability and Risk Allocation), 8 (User Obligations, Representations, and Prohibited Conduct), 9 (Inherent Risks Borne by Users), 10 (External Sites and Hyperlinks), 11 (Third-Party Services and External Resources), 12 (Governing Law and Dispute Resolution), 13 (General Provisions), and 14.2 (Survival) shall remain in full force and effect and shall survive indefinitely.

Section 15: Contact Information and Grievance Redressal

15.1. General Contact

For any general inquiries, questions, complaints, or claims concerning the App, the Site, or the Smart Contracts, you may contact the Company via the following electronic mail address: support@DexWin.bet.