Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of the website and interface located at https://arkaine.ai (the “Site” or the “Arkaine Platform”), enabled or offered by Maitrix Limited (“Maitrix” “we,” “our”), which facilitates interaction with certain decentralized cryptographic protocols and offerings, which are either open-sourced or may become open-sourced (collectively, the “Protocols”) to provide you with learning processes, token screener charts, and advanced trading charts/bots for you to choose from (“Arkaine Platform”). To make these Terms easier to read, the Site, software, Apps and our Arkaine Platform services are collectively called the “Services”. These Terms do not govern any interactions you may have with our third-party API providers, if any, each of which has its own terms. Maitrix is not a bank or financial institution and does not provide investment or financial advice to users of the Services. We are solely the provider of the Services.
 
PLEASE REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING LITIGATION.
 
1. Agreement to Terms. By using the Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, you are not authorized to use the Services.
 
2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.
 
3. Changes to these Terms or the Services. We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the Apps and/or may also send other communications. It’s important that you review the Terms whenever we update them, or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because the Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
 
4. Who May Use the Services?
 
(a) Eligibility.  YOU MAY USE THE SERVICES ONLY IF YOU ARE 18 YEARS OR OLDER AND CAPABLE OF FORMING A BINDING CONTRACT WITH MAITRIX, AND NOT OTHERWISE BARRED FROM USING THE SERVICES UNDER
 
APPLICABLE LAW. We will not knowingly solicit or collect personal information from any user under the age of 13. Do not attempt to use the Services if you are under the age of 13. If we become aware that a user is under the age of 13, we will promptly delete all personal information of the user. If you have information that suggests that a user of the Service could be under the age of 13, please send an email to team@arkaine.io.
 
(b) Compliance. The Services are only available to users in certain jurisdictions who can use the Services as permitted under applicable law. You certify that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Services. Without limiting the foregoing, by using the Services, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo; and (b) you are not listed on any U.S. Government list of prohibited, sanctioned, or restricted parties. If you access or use the Services outside the United States, you are solely responsible for ensuring that your access and use of the Services in such country, territory or jurisdiction does not violate any applicable laws. You must not use any software or networking techniques, including use of a Virtual Private Network (VPN) to modify your internet protocol address or otherwise circumvent or attempt to circumvent this prohibition. We reserve the right, but have no obligation, to monitor where the Services are accessed from. Furthermore, we reserve the right, at any time, at our sole discretion, to block access to the Services, in whole or in part, from any geographic location, IP addresses and unique device identifiers or to any user who we believe is in breach of these Terms.
 
(c) Unauthorized Access. You may not access or utilize the Site and/or Services for the purpose of web crawling, web harvesting, data mining, data extraction, scraping or aggregating information, including without limitation listings and smart contracts available on or through the Site and/or Services, or similar activities without our prior written consent at our sole discretion. We reserve the right to implement testing and maintenance of the application programming interface (“API”) at our sole discretion. Engaging in any of the activities referenced in the first sentence of this paragraph without prior authorization is a prohibited material breach of these Terms and may subject violators to legal liability.
 
5. About the Services.
 
(a) The Arkaine Platform. The Services facilitate interactions with the Protocols and Blockchains to allow individuals to, inter alia, purchase, facilitate their trades, and use the Services on the Arkaine Platform. Maitrix provides the Arkaine Platform, which is an interface to interact with the Protocols and other Blockchains offerings.
 
(i) You may participate in the Services by linking your digital wallet(s) to supported bridge extensions, which allows you to purchase, store, and engage in transactions using cryptocurrency. Before using our Services, we will ask you to download a supported electronic wallet extension and connect and unlock your digital wallets with that extension. By doing so you would be able to utilize any of the offered Services and interact with the offered facilities within Arkaine Platform.
(ii) ARKAINE PLATFORM IS NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY. MAITRIX FACILITATES TRANSACTIONS BETWEEN THE USERS IF ANY OF THE THIRD-PARTY SERVICE PROVIDER ON THE ARKAINE PLATFORM BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE USERS THE THIRD-PARTY SERVICE PROVIDER OF THE SERVICES OR BETWEEN ANY USERS.
 
(iii) YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS YOU PURCHASE OR UTILIZE THROUGH THE ARKAINE PLATFORM. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, MAITRIX MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ANY ASSETS ON THE ARKAINE PLATFORM.
 
(b) Transactions Are Conducted on the Blockchain. While Maitrix offers Arkaine Platform for the Services, it does not buy, sell or take custody or possession of any of the Services, nor does it act as an agent or custodian for any user of the Services. Instead, each Service that is listed will be managed via a blockchain-based smart contract deployed by Maitrix to ensure that the purported user fully profit from the use of such Service. Each or some of the Services utilization are managed through the relevant Blockchain network. You will be required to make or receive payments through the cryptocurrency wallet you have connected to the Arkaine Platform. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. Accordingly, we will have no liability to you or to any third party for any claims or damages that may arise because of any transactions that you engage in via the Service. The smart contract shall deduct any fees owed to the Arkaine Platform whenever a transaction is executed.
 
(c) Promotions Programs and other additions to the Platform. Your participation in certain programs (e.g., promotions, sweepstakes, giveaways, contests, rewards programs, etc.) or additional features made available through the Arkaine Platform will be subject to additional terms and conditions specific to such programs as set forth by Maitrix or the sponsor of each promotion or program.
 
(d) Terms Applicable to Arkaine Platform users. You agree to the following additional terms:
 
Users Terms. Although the terms for the Services are displayed on the Arkaine Platform, all such terms are determined by the users and the Services are subject to such (e.g., with respect to the use of the Services Content, as defined below in Section 5(d)(ii), or benefits associated with a given Service) (“Users Terms”), including, but not limited to, the price to be paid for such Services. Maitrix is not a party to any such purchase Terms, assuming a third party service provider is offering such service which are solely between the user and the service provider and is not responsible for ensuring compliance with such terms or mediating or resolving any disputes with respect to such Users Terms, including, but not limited to, any disputes arising out of or related to the authenticity of the Services or any intellectual property rights associated with such Services. The user and service provider, if any, are entirely responsible for communicating, promulgating, agreeing to, and enforcing Users Terms, and for resolving any disputes arising from any breach of any Users Terms. Seller must comply with and fulfill the User Terms with respect to any Services that it sells. When you purchase Services through the Platform, you own all personal property rights to the electronic record that comprises the Services (i.e., the right to sell or otherwise dispose of that Services) to the extent permitted by the service provider. Unless expressly specified in the Users Terms, such rights, however, do not include the ownership of the intellectual property rights in any Service Content.
 
(i) Costs and Fees.  Transactions on the Arkaine Platform may be subject to fees that Maitrix collects to support the Services and Arkaine Platform, as posted on the Site or otherwise set forth in these Terms. “Revenue” means the gross amount collected for providing our Services on the Arkaine Platform. You further agree to pay all other applicable fees, including Gas Fees and hosting fees, and you authorize Maitrix to automatically charge you for any such fees or deduct such fees (including the Transaction Fee) directly from the amounts paid by You or the amount received by a service provider, if any, at our discretion. The payments made do not include any Taxes (as defined below), and Maitrix shall have no responsibility for payment of such Taxes regardless of the taxing authority. Each party shall be responsible for all Taxes imposed on its income or property. Users will be responsible for paying all such fees, Taxes, and Gas fees.  In addition, interactions with the Blockchain may also result in transaction fees or Gas Fees (as defined below) being imposed by the Blockchain, which are also solely your responsibility. “Gas fees” mean fees that fund the network of computers that run decentralized blockchain networks, meaning that you will need to pay a Gas Fee for each transaction that occurs via a blockchain network.
 
(ii) Revenue and Fees. Arkaine will receive Revenue and the Transaction Fee for each initial utilization of the Services on the Arkaine Platform. “Transaction Fee” means the percentage of the Revenue generated from utilizing the Services that are listed on the Arkaine Platform, as agreed by You, when utilizing the Services. The Transaction Fee may be, but is not required to be, the sale percentage for all sales of Services and may be changed from time to time prior to being agreed to on the listing interface.
 
(e) Terms Applicable to the Software. Use of the Software is governed by these Terms. Maitrix delivers the Software via download/API integration and we will not provide you with any tangible copy of the Software. Subject to your compliance with the Terms, Maitrix grants you a non-assignable, non-transferable, non-sublicensable, revocable, and non-exclusive license to use the Software on computers or mobile devices you own or control solely for your personal or internal business purposes. Because the Software is locally installed, you are responsible for the security of the device on which it is installed, including ensuring that you keep anti-virus software current and otherwise protect the device on which the Software is
installed against malware. You are responsible for securely maintaining any passwords or secret phrases that relate to your use of the Software or any other platform you use via Arkaine Platform. You acknowledge that certain methods of securing a secret recovery phrase, such as storing it as a digital file on your personal device or on a cloud storage provider, may increase the risk that your account or secret recovery phrase will be compromised. You further acknowledge that Maitrix is not responsible for any theft of a secret recovery phrase, or loss or damages – including loss of funds or lockout from accounts accessed via the Software – resulting from your failure to keep the device on which the Software is installed safe and free of any malware. Maitrix may not be able to recover passwords or unlock account information stored on the Software, including if the Software is compromised by malware on your computer, and it is your sole responsibility to take all reasonable precautions to secure and backup your copy of the Software and the information stored on it.
 
(f) Updates. The Software and Services are evolving, and you may be required to accept or install updates to the Software or Services, or update third-party software (i.e., browsers or OS) in order to keep using the Software or Services or access their latest features, including security updates. We may update the Software and Services at any time, without providing notice. It is your responsibility to ensure that you are using the most recent version of the Software at all times.
 
(g) Price Alerts. By using a price alerts feature, you agree that price alerts are for informational purposes only. Price alerts may be delayed, limited or inaccurate and may not cover all assets. Maitrix is not responsible for any customer losses caused by price alerts.
  
(h) Taxes. You are solely responsible for all costs incurred by you in using the Services and determining, collecting, reporting and paying all applicable Taxes. As used herein, “Taxes” means the taxes, duties, levies, tariffs, and other governmental charges that you may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes. You are solely responsible for maintaining all relevant Tax records and complying with any reporting requirements you may have as related to the Services. You are further solely responsible for independently maintaining the accuracy of any record submitted to any tax authority including any information derived from the Services. We reserve the right to report any activity occurring using the Services to relevant tax authorities as required under applicable law.
 
(i) Suspension or Termination. We may suspend or terminate your access to the Services at any time in connection with any transaction as required by applicable law, any governmental authority, or if we at our sole and reasonable discretion determine you are violating these Terms or the terms of any third-party service provider. Such suspension or termination shall not constitute a breach of these Terms by Maitrix. In accordance with our anti-money laundering, anti-terrorism, anti-fraud, and other compliance policies and practices, we may impose reasonable limitations and controls on the ability of you or any beneficiary to utilize the Services. Such limitations may include where good cause exists, rejecting transaction requests, freezing funds, or otherwise restricting you from using the Services.
   
6. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
 
7. Rights and Terms for Apps.
 
App License. If you comply with these Terms, Maitrix grants you a limited non- exclusive, non-transferable license, with no right to sublicense, to download and install Apps on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run Apps solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Apps; (ii) distribute, transfer, sublicense, lease, lend or rent the Apps to any third party; (iii) reverse engineer, decompile or disassemble the Apps (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.
Acceptable Use Policy and Maitrix’ Enforcement Rights. You agree not to do any of the following:
 
(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
 
(b) Use, display, mirror or frame the Services or any individual element within the Services, Maitrix’ name, any Maitrix trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Maitrix’ express written consent;
 
(c) Access, tamper with, or use non-public areas of the Services, Maitrix’ computer systems, or the technical delivery systems of Maitrix’ providers;
 
(d) Attempt to probe, scan or test the vulnerability of any Maitrix system or network or breach any security or authentication measures;
 
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Maitrix or any of Maitrix’ providers or any other third party (including another user) to protect the Services;
 
(f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Maitrix or other generally available third-party web browsers;
 
(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
 
(h) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(i) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source- identifying information;
 
(j) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
 
(k) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail- bombing the Services;
 
(l) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
 
(m) Impersonate or misrepresent your affiliation with any person or entity;
 
(n) Create or list counterfeit items;
 
(o) Engage or assist in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of any unlawful activity (including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Services);
  
(p) Use the Services to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that are redeemable for financial instruments, assets that give owners the rights to participate in any securities offering, or assets that entitle owners to financial rewards, including but not limited to, DeFi (or decentralized finance) yield bonuses, staking bonuses, and burn discounts;
 
(q) Fabricate in any way any transaction or process related thereto;
 
(r) Place misleading bids or offers;
 
(s) Disguise or interfere in any way with the IP address of the computer you are using to access or use the Services or that otherwise prevents us from correctly identifying the IP address of the computer you are using to access the Services;
 
(t) Transmit, exchange, or otherwise support the direct or indirect proceeds of criminal or fraudulent activity;
 
(u) Violate any applicable law or regulation; or
 
(v) Encourage or enable any other individual to do any of the foregoing.
   
Maitrix is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including user content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. The sale of stolen assets, assets taken without authorization, and otherwise illegally obtained assets on the Service is prohibited. If you have reason to believe that an asset listed on the Service was illegally obtained, please contact us immediately. Listing illegally obtained assets may result in your listings being canceled, your assets being hidden, or you being suspended from the Services.
8. Copyright Policy. Maitrix respects copyright law and expects its users to do the same. It is Maitrix’ policy to terminate in appropriate circumstances users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
 
9. Links to Third Party Websites or Resources. The Services (including the Apps) may allow you to access third-party websites or other resources. We provide access only as convenience and are not responsible for the content, products or services on or available from those resources, websites, or links displayed on such resources or websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources or websites.
 
10. Termination. Notwithstanding anything contained in these Terms, we may suspend, modify or terminate your access to and use of the Services and the applicability of these Terms at our sole discretion, at any time and without notice to you. You may disconnect your digital wallet at any time. You acknowledge and agree that we shall have no liability or obligation to you in such an event and that you will not be entitled to a refund of any amounts that you have already paid to us or any third party, to the fullest extent permitted by applicable law. Upon any termination, discontinuation or cancellation of the Services, the following Sections will survive: 5(d)(ii) and 5(e)(i) (only for payments due and owing to Maitrix prior to the termination), 7(b), 7(c), 7(e), 9, 12, 13, 15, 16, 17, 18 and 19.
 
11. Warranty Disclaimers. THE SERVICES, INCLUDING THE SOFTWARE, PROMOTIONS TOOL, ANY CONTENT CONTAINED THEREIN, AND ANY SERVICES (INCLUDING ASSOCIATED SERVICE CONTENT) LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. MAITRIX (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (III) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. MAITRIX DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AS TO THE SERVICES, ANY CONTENT CONTAINED THEREIN AND ANY NFTS LISTED THEREIN.
 
WE FURTHER EXPRESSLY DISCLAIM ALL LIABILITY OR RESPONSIBILITY IN CONNECTION WITH THIRD PARTY SERVICES. NOTHING HEREIN NOR ANY USE OF THE SERVICES IN CONNECTION WITH THIRD PARTY SERVICES CONSTITUTES OUR ENDORSEMENT, RECOMMENDATION OR ANY OTHER AFFILIATION OF OR WITH ANY THIRD-PARTY SERVICES.
 
MAITRIX DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE SERVICES. WHILE MAITRIX ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND ANY CONTENT THEREIN SAFE, MAITRIX CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, ANY CONTENT THEREIN, ANY NFTS LISTED THEREIN, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY.
 
MAITRIX WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) BLOCKCHAIN NETWORKS, CRYPTOCURRENCY WALLETS OR CORRUPT FILES; (IV) UNAUTHORIZED ACCESS TO SERVICES; OR (V) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK.
  
YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS YOU PURCHASE RENT OR USE THROUGH THE SERVICES. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, MAITRIX MAKES NO CLAIMS ABOUT IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE SERVICES.
 
THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SERVICES AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE SERVICES CAUSED BY SUCH FACTORS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
 
12. Assumption of Risk. You accept and acknowledge:
 
(a) The prices and liquidity of cryptocurrency assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the Services made available through the Platform, which may also be subject to significant price volatility.
 
(b) You are solely responsible for determining what, if any, Taxes apply to your transactions through the Services. Neither Maitrix nor any Maitrix affiliates are responsible for determining the Taxes that apply to such transactions.
 
(c) Any transfer of cryptocurrency assets occurs within the supporting Blockchain and not on the Services. Transactions may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions should be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction.
 
(d) There are risks associated with using an Internet based currency, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that Maitrix will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services for transactions, however caused.
 
(e) A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of  the Services.
 
(f) The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Services.
 
(g) The Services may rely on third-party platforms to perform transactions with respect to any cryptocurrency assets. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.
 
(h) There are risks associated with purchasing user generated content, including but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. Maitrix reserves the right to hide collections, contracts, and assets affected by any of these issues or by other issues. Assets you purchase may become inaccessible on Maitrix. Under no circumstances shall the inability to view or access your assets on Maitrix serve as grounds for a claim against Maitrix.
 
(i) By accessing and using the Services, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of digital assets. Such systems may have vulnerabilities or other failures, or other abnormal behavior. Maitrix is not responsible for any issues with the Blockchains or other blockchain-based networks, including forks, technical node issues or any other issues having fund, NFT, or Rewards losses as a result. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase at any time. You further acknowledge the risk that your digital assets may lose some or all of their value while they are supplied to or from the Services. You further acknowledge that we are not responsible for any of these variables or risks and cannot be held liable for any resulting losses that you experience while accessing Services. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using and interacting with the Services.
(j) The regulatory regime governing Artificial Intelligence is uncertain, and new regulations or policies may materially adversely affect the development of the Services.
  
13. Indemnity.
 
(a) You will indemnify, defend (at Maitrix’ option) and hold Maitrix and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your Services Content, or (c) your violation of these Terms. You may not settle or otherwise compromise any claim subject to this Section without Maitrix’ prior written approval.
 
(b) You will indemnify and hold harmless Maitrix and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your breach of your representations and warranties from Section 5(e)(v).
 
14. Limitation of Liability.
 
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MAITRIX NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAITRIX OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
 
(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AGGREGATE TOTAL LIABILITY OF MAITRIX AND ITS AGENTS, REPRESENTATIVES, AND AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO MAITRIX FOR USE OF THE SERVICES OR ONE HUNDRED U.S. DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MAITRIX, AS APPLICABLE.
 
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MAITRIX AND YOU.
 
15. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the United Kingdom law. Except as otherwise expressly set forth in Section 16 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Maitrix are not required to arbitrate will be in courts located in the United Kingdom, and you and Maitrix each waive any objection to jurisdiction and venue in such courts.
 
16. Dispute Resolution.
 
(a) Informal Resolution of Disputes. You and Maitrix must first attempt in good faith to resolve any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) informally. Accordingly, neither you nor Maitrix may start a formal arbitration proceeding or file a claim in court for at least sixty (60) days after one party notifies the other party of a claim in writing (the “Informal Dispute Resolution Period”).
 
As part of this informal resolution process, you must deliver your written notices via hand or first-class mail to us at Maitrix (the “Notice of Claim”). The Notice of Claim shall include both the mailing address and email address you would like Maitrix to use to contact you. If Maitrix elects to send you a Notice of Claim, it will send, by certified mail, a written Notice of Claim to your address on file. A Notice of Claim, whether sent by you or by Maitrix, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought.
 
(b) Exceptions. Notwithstanding the above and below, each party retains the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of that party’s intellectual property rights.
 
(c)    Class Action Waiver. YOU AND MAITRIX AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If Maitrix believes that any Dispute you have filed in arbitration or in court is inconsistent with the limitations in this paragraph, then you agree that Maitrix may seek an order from a court determining whether your Dispute is within the scope of the Class Action Waiver. If a court or an arbitrator determines that any part of this arbitration provision or Class Action Waiver is unenforceable with respect to any Dispute, remedy, or request for relief, then the arbitration provision and Class Action Waiver will not apply to that Dispute, remedy, or request for relief. But the arbitration provision and Class Action Waiver will still apply to all other Disputes, remedies, and requests for relief that you or Maitrix may assert in that or any other action. In any such case, you and Maitrix agree that the parties will arbitrate all Disputes, remedies, and requests for relief subject to individual arbitration first, and that any remaining unresolved Disputes, remedies, or requests for relief may be pursued in court only after the arbitrator’s award has been issued. In any such proceeding, the arbitrator’s factual findings will not be entitled to deference by the court. The parties agree that any statutes of limitations applicable to the unresolved Disputes, remedies, or requests for relief shall be tolled pending the outcome of any individual Disputes in arbitration.
 
17. General Terms.
 
(a) Reservation of Rights. Maitrix and its licensors exclusively own all rights, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
 
(b) Disclosures. You acknowledge and agree that there may be circumstances that arise (including related to your purchase or selling activities on the Site) which may create actual or potential conflicts of interests between your interests and others’ interests, including the interests of other users, counterparties, or Maitrix. Maitrix maintains a conflicts of interest policy to assist its handling of any actual or potential conflicts of interest. If there are circumstances where there is an actual or potential conflict of interest between yourself and Maitrix, Maitrix will take reasonable steps to ensure you are treated fairly. You acknowledge and agree that Maitrix and our affiliates have discretion to maintain commercial relationships with third parties (including liquidity providers or executing dealers). Such third parties may transact with you on any purchase or sale activities by you, and Maitrix and/or our affiliates may derive financial and other benefits from such relationships.
 
(c) Severability. Except for any of the provisions in Section 16(c) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
 
(d) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Maitrix and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Maitrix and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Maitrix’ prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Maitrix may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
 
(e) Notices. Except as otherwise set forth in Section 18(a), any notices or other communications provided by Maitrix under these Terms will be given: (i) via email; or
(ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
 
(f) Waiver of Rights. Maitrix’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Maitrix. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
 
18. Contact Information. If you have any questions about these Terms or the Services, please contact Maitrix at team@arkaine.io