Privacy Policy

1. PRIVACY POLICY

Our Privacy Policy (available at https://www.kassiopea.xyz/privacy) describes how the Company collects, uses, stores, and discloses your personal information and is hereby incorporated by this reference into these Terms. You agree to the collection, use, storage, and disclosure of your data in accordance with the aforementioned Privacy Policy.

The Company will maintain certain data that you transmit to the Website and the Services for the purpose of managing the performance of the Website or the Services, as well as data relating to your use of the Website or the Services. Although we perform regular routine backups of data, the Company is solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website or the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

2. TERMINATION

The Company may terminate, suspend, or modify your access to the Website and/or the Services, or any portion thereof, immediately and at any time, at its sole discretion (including to only allow open positions to be closed). The Company will not be liable to you or any third party for any termination, suspension, or modification of your access to the Services. Upon termination of your access to the Services, these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.

3 DISCLAIMERS AND ASSUMPTION OF RISK

YOU EXPRESSLY ACKNOWLEDGE AND ACCEPT THAT YOUR ACCESS AND USE OF THE WEBSITE AND THE SERVICES ARE AT YOUR OWN SOLE RISK, AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PLATFORM, ANY SMART CONTRACT, OR EXTERNAL WEBSITES), INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES.

WITHOUT PREJUDICE TO THE ABOVE, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE WEBSITE OR THE SERVICES, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED ON THE WEBSITE OR PLATFORM; (II) THAT THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE WEBSITE OR THE SERVICES; OR (IV) THAT THE WEBSITE OR THE SERVICES, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS, OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS, OR CONTRACTORS EXPRESSLY DISCLAIM ANY LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, INTANGIBLE, OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO:

(a) ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF THE COMPANY OR ITS AFFILIATES;

(b) ANY AUTHORIZED OR UNAUTHORIZED USE OF THE WEBSITE OR SERVICES, OR IN CONNECTION WITH THESE TERMS;

(c) ANY INACCURACY, DEFECT, OR OMISSION OF ANY DATA OR INFORMATION ON THE WEBSITE;

(d) ANY ERROR, DELAY, OR INTERRUPTION IN THE TRANSMISSION OF SUCH DATA;

(e) ANY DAMAGES INCURRED BY ANY ACTIONS, OMISSIONS, OR VIOLATIONS OF THESE TERMS BY ANY THIRD PARTIES; OR

(f) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZATION BY THE COMPANY.

YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS CAUSED BY OUR GROSS NEGLIGENCE.

WE MAKE NO WARRANTY AS TO THE MERIT, LEGALITY, OR JURIDICAL NATURE OF ANY TOKEN SOLD IN CONNECTION WITH THE SERVICES (INCLUDING WHETHER OR NOT IT IS CONSIDERED A SECURITY OR FINANCIAL INSTRUMENT UNDER ANY APPLICABLE SECURITIES LAWS).

BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (A) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF ENCRYPTED OR DIGITAL TOKENS OR CRYPTOCURRENCIES WITH A CERTAIN VALUE THAT ARE BASED ON BLOCKCHAIN AND CRYPTOGRAPHY TECHNOLOGIES AND ARE ISSUED AND MANAGED IN A DECENTRALIZED FORM ("DIGITAL CURRENCIES"); (B) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF THE SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES; AND (C) THE COMPANY SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES. AS WITH ANY ASSET, THE VALUES OF DIGITAL CURRENCIES ARE VOLATILE AND MAY FLUCTUATE SIGNIFICANTLY, AND THERE IS A SUBSTANTIAL RISK OF ECONOMIC LOSS WHEN TRADING DIGITAL CURRENCIES OR ITS DERIVATIVES CONTRACTS.

IN JURISDICTIONS WHERE THE EXCLUSION OF CERTAIN WARRANTIES IS NOT ALLOWED UNDER LAW, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

4. LIMITATION OF LIABILITY

YOU UNDERSTAND AND ACCEPT THAT THE COMPANY, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER INCURRED OR CAUSED, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFIT, GOODWILL, OR BUSINESS REPUTATION, LOSS OF DATA, COST OF SUBSTITUTE SERVICES, OR ANY OTHER INTANGIBLE LOSS.

NOTWITHSTANDING THE DAMAGES INCURRED BY YOU, THE COMPANY'S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF THESE TERMS OR YOUR ACCESS/USE OF THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, IS LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES OR 100 USD. IN JURISDICTIONS WHERE THE EXCLUSION OF LIMITATIONS ON LIABILITIES IS NOT ALLOWED UNDER LAW, THE ABOVE LIMITATIONS SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

5. INTELLECTUAL PROPERTY

All present and future copyright, title, and interests in and to the Website and the Services, registered and unregistered trademarks, design rights, unregistered designs, database rights, and all other present and future intellectual property rights and rights in the nature of intellectual property rights that exist in or in relation to the use and access of the Website and the Services, including all rights in respect of text, graphics, logos, images (as well as the compilation thereof), and any software (including in both object code and source code form) or other proprietary data or information used in connection with the Website or the Services (the "Company's IP"), are owned by or otherwise licensed to the Company. Subject to your compliance with these Terms, the Company grants you a non-exclusive, non-transferable (except with our written permission), non-sublicensable (except as otherwise permitted under these Terms), personal, and revocable license to access the Website and use the Services for your own personal, non-commercial use, and not for the benefit of any third party ("License").

We reserve all the rights in connection with the Company's IP, including, without limitation, the exclusive right to create derivative works. Notwithstanding anything to the contrary provided in these Terms, all such derivative works created or generated by a user based on or derived from content and the Company's IP ("Derivative Works") shall be owned exclusively by us. Except as expressly provided in these Terms, no part of the Website or the Services, including the content or marks in respect of the same, may be copied, reproduced, modified, created into derivative works, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise dealt with for any other purpose whatsoever, without our express prior written permission.

You are allowed to use the Website and the Services only for lawful purposes and in accordance with these Terms. Further, you agree not to use the Website or the Services in any way that may violate any applicable law, exploit/harm anyone, for advertisement/promotional purposes, or to impersonate the Company/anyone.

Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to our or any other third party's intellectual rights.

If and to the extent that any Company's IP is vested in you by operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents as we may reasonably request to assign such Company's IP back to us.

Third parties participating on the Website may permit us to utilize trademarks, copyrighted material, and other intellectual property associated with their businesses. We will not warrant or represent that the content of the Website does not infringe the rights of any third party.

6. USER-GENERATED CONTENT

By acceptance of these Terms, you agree and acknowledge that all information and content provided by you, including your username, your contact list, transaction history, any messages, posts, comments, profit-and-loss cards/summaries, or user-generated content (the "UGC") in any communication channel (including without limitation Twitter, Discord, or Telegram) shall be considered non-confidential and non-proprietary information. By providing such UGC, you specifically grant the Company a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use, copy, duplicate, store, present, and publish all or any part of the UGC, and the Company shall be free to use such UGC in any manner or media whatsoever, on an unrestricted basis and without any attribution or royalties or other compensation to you, including, without limitation, within or outside the Website, and in any digital or printed media.

You acknowledge that you shall be responsible for any UGC that you submit or transmit through the Website, including your responsibility for the legality, reliability, appropriateness, originality, and copyright of any such information or material. Additionally, you represent and warrant that: (a) you own all right, title, and interest in any UGC provided by you, (b) such UGC does not violate any applicable laws, and (c) the posting of your UGC by us (in any manner or media whatsoever, on an unrestricted basis) does not (and will not) violate the privacy rights, publicity rights, copyright, contract rights, or any other rights of any individual or make derogatory remarks regarding, defame, or otherwise criticize any person or entity. You shall be solely liable for any damage resulting from any infringement or other violation of the copyright, trademarks, or other proprietary rights of any individual or entity, and for any other harm or losses resulting from any UGC.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website or the Services ("Feedback") provided by you to us are non-confidential and should become our sole property. We should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive any moral rights to any such Feedback, and you hereby warrant that any such Feedback are original with you or that you have the right to submit such Feedback. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.

7. INDEPENDENT PARTIES

The Company is an independent contractor, not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.

8. NO PROFESSIONAL ADVICE OR ADVERTISEMENT

All information provided on the Website and throughout the Services is for informational purposes only and should not be construed as professional advice. We do not provide investment advice or investment recommendations and no communication through the Website or in any other medium should be considered a substitute for tailored investment advice or construed as advice or recommendation.

Under no circumstances will the operation of all or any portion of the Website or the Services be deemed to create a relationship that includes any management of any assets or the provision or tendering of investment advice.

The information and descriptions contained on the Website are not to be construed as an offering memorandum, advertisement, or prospectus. Accordingly, this information is not intended to be a complete description of all terms, exclusions, and conditions applicable to the Services described on this Website. This Website and any information or materials contained in it do not constitute the distribution, an offer, or solicitation of any kind to purchase or sell any product, security, or instrument whatsoever nor should they be construed as providing any type of investment or other advice or recommendations by us, any of our affiliates, or third parties to any person in any jurisdiction where such distribution, offer, solicitation, purchase, or sale would be unlawful under the laws of such jurisdiction. Moreover, we do not give investment advice, endorsement, analysis, or recommendations with respect to any cryptocurrencies, digital assets, tokens, or securities or provide any financial, tax, legal advice, or consultancy services of any kind. We are not your broker, intermediary, agent, or advisor and have no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using this Website.

Investing in digital assets is highly risky and may lead to a total loss of investment. You must have a sufficient understanding of cryptographic tokens, token storage mechanisms (such as token wallets), and blockchain technology to appreciate the risks involved in dealing with digital assets. You understand and agree that the value of digital assets can be volatile, and we are not in any way responsible or liable for any losses you may incur by using or transferring digital assets in connection with the Services. You should not take or refrain from taking any action based on any information contained on the Website. Before you make any financial, legal, or other decisions involving the Services, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.

9. INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors from and against any potential or actual claims, actions, proceedings, investigations, demands, suits, costs, expenses, and damages (including attorneys' fees, fines, or penalties imposed by any regulatory authority) arising out of or related to:

(a) Your use of or conduct in connection with the Website or Services;

(b) Your breach or our enforcement of these Terms; or

(c) Your violation of any applicable law, regulation, or rights of any third party during your use of the Website or Services.

If you are obligated to indemnify the Company and its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors pursuant to these Terms, the Company will have the right, in its sole discretion, to control any action or proceeding and to determine whether the Company wishes to settle, and if so, on what terms.

Your obligations under this indemnification provision will continue even after these Terms have expired or been terminated.

10. TAXES

As between us, you will be solely responsible for paying any and all sales, use, value-added, and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, "Taxes") associated with your use of the Services. Except for income taxes levied on the Company, you:

(a) Will pay or reimburse us for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs, or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed, or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local, or any other taxing jurisdiction; and

(b) Shall not be entitled to deduct the amount of any such taxes, duties, or assessments from payments made to us pursuant to these Terms.

11. CONFIDENTIALITY

You acknowledge that the Services contain the Company's and its affiliates' trade secrets and confidential information. You agree to hold and maintain the Services in confidence and not to furnish any other person any confidential information of the Services or the Website. You agree to use a reasonable degree of care to protect the confidentiality of the Services. You will not remove or alter any of the Company's or its affiliates' proprietary notices. Your obligations under this provision will continue even after these Terms have expired or been terminated.

12. ANTI-MONEY LAUNDERING

The Company expressly prohibits and rejects the use of the Website or the Services for any form of illicit activity, including money laundering, terrorist financing, or trade sanctions violations. By using the Website or the Services, you represent that you are not involved in any such activity.

13. FORCE MAJEURE

The Company has no liability to you if it is prevented from or delayed in performing its obligations or from carrying on its Services and business by acts, events, omissions, or accidents beyond its reasonable control, including, without limitation, strikes, failure of a utility service or telecommunications network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, or direction.

14. JURISDICTION AND GOVERNING LAW

The parties shall attempt in good faith to mutually resolve any and all disputes, whether of law or fact, and of any nature whatsoever arising from or with respect to these Terms. These Terms and any dispute or claim arising out of or in connection with the Services or the Website shall be governed by and construed in accordance with the laws of Panama.

Any dispute that is not resolved after good faith negotiations may be referred by either party for final, binding resolution by Arbitration administered by Panama Conciliation and Arbitration Centre in accordance with its procedural rules for the time being in force. The tribunal shall consist of 1 arbitrator, who shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement. The language used in the arbitral proceedings shall be English. Each party irrevocably submits to the jurisdiction and venue of such tribunal.

Any dispute arising out of or related to these Terms is personal to you and us and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

15. CONSENT TO ELECTRONIC DISCLOSURES AND SIGNATURES

Because the Company operates only on the Internet, it is necessary for you to consent to transact business with us online and electronically. As part of doing business with us, therefore, we also need you to consent to our providing you with certain disclosures electronically via the Website. By agreeing to these Terms, you agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Website and Services.

16. SEVERABILITY

If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect.

If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).

17. WAIVER

Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision, nor of the right to enforce such provision.

18. NOTICES

All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to [e-mail].

19. ASSIGNMENT

You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. Notwithstanding anything contained herein, we may assign our rights and obligations under these Terms in our sole discretion (without your consent) to an affiliate for any reason, including, without limitation, any assignment or novation in connection with a reincorporation to change the Company's domicile.

20. THIRD-PARTY RIGHTS

No third party shall have any rights to enforce any terms contained herein.

21. THIRD-PARTY WEBSITE DISCLAIMER

Any links to third-party websites from the Services do not imply endorsement by us of any product, service, information, or disclaimer presented therein, nor do we guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party products and services, we will not be liable for such loss. In addition, since we have no control over the terms of use or privacy policies of third-party websites, you should carefully read and understand those policies.

22. RISKS

You should conduct your own due diligence of any issuer or cryptocurrencies and consult your advisors before making any decision to trade with the Protocol. You are solely responsible for determining whether any strategy, trade, or related transaction is appropriate for you according to your personal objectives, financial circumstances, and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation.

We do not recommend that any cryptocurrencies should be bought, earned, sold, or held by you, and we will not be held responsible for the decisions you make based on the information provided by us on this Website.

You acknowledge and agree that the Website and the Services are currently in the initial development stages and there are various unforeseeable risks associated with using them. In the worst scenario, this could lead to the loss of all or part of your digital assets interacting with the Website or the Services. IF YOU DECIDE TO USE THE WEBSITE OR THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE, ACCEPT, AND ASSUME THE FOLLOWING RISKS AND AGREE NOT TO HOLD THE COMPANY OR ANY OF ITS AFFILIATES RESPONSIBLE FOR THESE RISKS:

(a) You acknowledge and are aware that using the Website or the Services and/or trading derivatives carry financial risks. Transactions relating to digital assets are very risky, and such digital assets are, by their nature, highly experimental, risky, volatile, and generally irreversible.

(b) You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your evaluation of the merits and risks of trading derivatives. You accept all consequences of participating in such interactions, including the risk that you may lose access to your digital assets indefinitely. All decisions to trade leveraged derivatives are made solely by you. Notwithstanding anything in these Terms, the Company accepts no responsibility whatsoever and will in no circumstances be liable to you in connection with any interaction with the Website or the Services or the trading of any derivatives.

(c) Digital assets and derivatives are not legal tender, are not backed by the government, and are not subject to any "Deposit Insurance Scheme" or protections under any banking or securities laws. The Company is not a bank and does not offer any lending services, fiduciary services, or security broking services.

(d) The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of derivatives, which may also be subject to significant price volatility. We cannot guarantee that any user trading derivatives will not lose money.

(e) Neither the Website nor the Services hold in custody, store, send, or receive any of your digital assets. This is because your digital assets exist only by virtue of the ownership record maintained on the relevant blockchain network (e.g., Aptos). Any transfer of digital assets occurs within the relevant blockchain network, not on the Website or the Services.

(f) All smart contracts may contain security vulnerabilities, errors, failures, bugs, or economic loopholes which may be exploited by third parties, causing you to suffer losses in connection with any digital assets or bridged/wrapped assets utilized in connection with the smart contracts, the Website, or the Services. Interaction with the Website and the Services are entirely your responsibility and liability, and the Company is not a party to the smart contracts. Further, when you interact with the Website or the Services and place an order to trade, the trade will be irrevocably confirmed once there is a matching bid/offer, and you will not be able to withdraw the trade order.

(g) No party (including the Company) can guarantee the future performance of derivatives, any specific level of performance, the success of any strategy, or your overall results from trading derivatives. When reviewing the information, portfolio, and performance opinions of any party, do not assume that such party is unbiased, independent, or qualified to provide financial information or opinions. Past performance and risk scores have many inherent limitations and are not indicative of future results. No representation or guarantee is being made that any derivatives will or are likely to achieve gains or losses similar to past performance. The actual percentage gains or losses experienced by users will vary depending on many factors.

(h) Hackers or other malicious groups or organizations may attempt to interfere with the Website or the Services in various ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing. Furthermore, because the relevant blockchain network comprises open-source software, the software underlying the Website or the Services may contain intentional or unintentional bugs or weaknesses that may negatively affect the Website or the Services or the smart contracts, or result in the loss of the user's original digital assets or bridged/wrapped assets, or the loss of the user's ability to access or control their digital assets. In the event of such a software bug or weakness, there may be no remedy, and users are not guaranteed any remedy, refund, or compensation.

(i) The Website, the Services, and the underlying smart contracts may rely on or utilize various external third-party services or software, including without limitation decentralized cloud storage services, analytics tools, oracles; hence the Website or the Services may be adversely affected by any number of risks related to these third-party services/software, which may be compromised in the event of security vulnerabilities, cyberattacks, malicious activity, or technical interruptions.

(j) You accept and confirm that a conflict of interest may arise when the interest of the Company and its affiliates competes or may appear to compete with your interests under these Terms. Specifically, you hereby acknowledge and confirm that: (a) the Company may participate in certain transactions in an individual capacity; (b) the Company may execute its own orders simultaneously, which may be opposite to that of a user; (c) the Company may establish business, including without limitation, trading relationships with other ecosystem players, financial institutions, digital asset owners, digital asset exchanges, issuers of financial instruments, and may have a financial interest in such instruments; (d) the Company may seek to act as a market maker, and in this context, there may be inherent conflicts of interest; and (e) the Company may compensate or share its revenues from activities in connection with the Website or the Services with various users, the Company's affiliates, partners, or other similar parties.