These Terms of Service (the "Agreement" or the “Terms”) explain the terms and conditions by which you may access and use the Products provided by Risk Labs (referred to herein as "Risk Labs", "we", "our", or "us"). The Products shall include, but shall not necessarily be limited to, https://app.across.to, a website-hosted user interface (the "Interface" or "App") and all products and features available via the Interface, including the API and all other software that Risk Labs or a third party has developed for crosschain bridging, crosschain onboarding, crosschain intents, and crosschain settlement on the Interface. You must read this Agreement carefully as it governs your use of the Products. By accessing or using any of the Products, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use any of our Products and should not use our Products.

To access or use any of our Products, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction (e.g., 18 years old in the United States) and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Interface. If you are entering into this Agreement on behalf of an entity, you represent to us that you have the legal authority to bind such entity.

You further represent that you are not (a) 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 (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) (collectively, a “Sanctioned Person”) or (b) a resident, citizen or agent of, or organized in, and do not have a registered office in, a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States (collectively, “Restricted Territories”). You further represent that you do not intend to transact with any Sanctioned Person or any person present in a Restricted Territory. Finally, you represent that your access and use of any of our Products will fully comply with all applicable laws and regulations, and that you will not access or use any of our Products to conduct, promote, or otherwise facilitate any illegal activity. If use of our Products are not permitted in your jurisdiction, you may not attempt to use any of our Products. Use of a Virtual Private Network (“VPN”) or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, to circumvent any such jurisdictional restrictions is prohibited.

NOTICE: This Agreement contains important information, including a binding arbitration provision and a class action waiver, both of which impact your rights as to how disputes are resolved. Our Products are only available to you — and you should only access any of our Products — if you agree completely with these terms.

The Interface provides a web or mobile-based means of access to a decentralized protocol on various public blockchains, including but not limited to Ethereum, that allows users to trade certain compatible digital assets (the "Across protocol" or the "Protocol") between various public blockchains.

The Interface is distinct from the Protocol and is one, but not the exclusive, means of accessing the Protocol. The Protocol itself has three versions, designated as v1, v2, and v3, each of which comprises open-source or source-available self-executing smart contracts that are deployed on various public blockchains, such as Ethereum. Risk Labs does not control or operate any version of the Protocol on any blockchain network. By using the Interface, you understand that you are not buying or selling digital assets from us and that we do not operate any liquidity pools on the Protocol or control trade execution on the Protocol. When users pay fees for trades, those fees accrue to liquidity providers and relayers for the Protocol. As a general matter, liquidity providers and relayers are independent third parties. The Protocol was initially deployed on the Ethereum blockchain and other blockchains compatible with the Ethereum Virtual machine that are designed to ensure the Ethereum blockchain can effectively process more transactions or other blockchains that are frequently referred to as "Layer 2" solutions.

To access the Interface, you must use a non-custodial wallet software, which allows you to interact with public blockchains. Your relationship with that non-custodial wallet provider is governed by the applicable terms of service of that wallet provider. We do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents. By connecting your wallet to our Interface, you agree to be bound by this Agreement and all of the terms incorporated herein by reference.

We may from time to time in the future offer additional products, and such additional products shall be considered a Product as used herein, regardless of whether such product is specifically defined in this Agreement.

When you use any of our Products, you may also be using the products, services or content of one or more third parties. Your use of such third party products, services or content may be subject to separate policies, terms of use and fees of these third parties, and you agree to abide by and be responsible for such policies, terms of use and fees, as applicable.

We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any material modifications, we will notify you by updating the date at the top of the Agreement and by maintaining a current version of the Agreement at https://across.to/terms-of-service. All modifications will be effective when they are posted, and your continued accessing or use of any of the Products will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using all of our Products.

We reserve the following rights, which do not constitute obligations of ours: (a) with or without notice to you, to modify, substitute, eliminate, restrict or add to any of the Products; (b) to review, modify, filter, disable, delete and remove any and all content and information from any of the Products; (c) to disable or modify access to access to the Products at any time in the event of any breach of these Terms. You acknowledge. understand, and agree that, from time to time, our Products may be inaccessible or inoperable for any reason, including: (a) equipment or technology or other infrastructure delay, inaccessibility, or malfunctions; (b) periodic maintenance procedures or repairs that Risk Labs or any of our suppliers or contractors may undertake from time to time; (c) causes beyond Risk Labs’ control or that Risk Labs could not reasonably foresee; (d) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (e) unavailability of third-party service providers or external partners for any reason.

Without limitation of any other provision of these Terms, and as set forth below, Risk Labs has no responsibility or liability for any losses or other injuries resulting from any such events.

As between you and Risk Labs, we own all intellectual property and other rights in and to each of our Products and its respective contents, including, but not limited to, software (including in the Interface), text, images, trademarks, service marks, copyrights, patents, designs, and its "look and feel." This intellectual property is available under the terms of this agreement. Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use our Products solely in accordance with this Agreement. You agree that you will not use, modify, distribute, tamper with, reverse engineer, disassemble or decompile any of our Products for any purpose other than as expressly permitted pursuant to this Agreement. Except as set forth in this Agreement, we grant you no right, title or interest in or to any of our Products, including any intellectual property rights.

You understand and acknowledge that the Protocol is not a Product and we do not control the Protocol.

Our Products may contain references or links to third-party resources, including, but not limited to, information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of our Products. We do not approve, monitor, endorse, warrant or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions, and you shall not use our Products in combination with any third party products or services in any manner that would infringe or otherwise violate the intellectual property rights of any third party or violate any applicable law.

We reserve the right to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose information or content or information that you provide.

You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Interface:

Intellectual Property Infringement. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under applicable law in any jurisdiction in the world.

Data Privacy. Activity that violates any applicable laws, and contractual and fiduciary obligations relating to the collection, storage, use, transfer and any other processing of any personal information or any other sensitive or confidential information.

Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including, but not limited to, the deployment of viruses and denial of service attacks. Activity that uses any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Products to introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Interface or the Products.

Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another, or to defraud Risk Labs, other users of the Products or any other person.

Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including, but not limited to: the manipulative tactics commonly known as "rug pulls"; pumping and dumping; wash trading; front-running; accommodation trading; fictitious transactions; pre-arranged or non-competitive transactions; cornering or attempting cornering of digital assets; violations of bids or offers; spoofing; knowingly making any bid or offer for the purpose of making a market price that does not reflect the true state of the market; entering orders for the purpose of entering in to transactions without a net change in either party’s open positions but a resulting profit to one party and a loss to the other party, commonly known as a “money pass”; any other manipulation or fraudulent act or scheme to defraud, deceive, trick or mislead; or any other trading activity that, in the reasonable judgment of Risk Labs, is abusive, improper or disruptive to the operation of the Interface.

Securities and Derivatives Violations. Activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives, including, but not limited to, the unregistered offering of securities and the offering of leveraged and margined commodity products to retail customers in the United States.

Sale of Stolen Property. Buying, selling, or transferring of stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items. Using or accessing the Products to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including terrorism or tax evasion.

Data Mining or Scraping. Activity that involves data mining, robots, scraping, or similar data gathering or extraction methods of content or information from any of our Products.

Objectionable Content. Activity that involves soliciting information from anyone under the age of 18 or that is otherwise harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable.

Disruptive Content. Activity that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Products, or that could damage, disable, overburden, or impair the functioning of the Interface or the Products in any manner

Circumvention of Content-Filtering. Activity that circumvents any content-filtering techniques, security measures or access controls that Risk Labs employs on the Interface, including through the use of a VPN.

Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or regulation of the United States or another relevant jurisdiction, including, but not limited to, the restrictions and regulatory requirements imposed by U.S. law, including any relevant and applicable anti-money laundering and anti-terrorist financing laws and sanctions programs, such as the Bank Secrecy Act and the U.S. Department of Treasury’s Office of Foreign Asset Controls. Activity from a jurisdiction (including an IP address in a jurisdiction) that we have, in our sole discretion, determined is a jurisdiction where the use of the Site, the Interface or the Products is prohibited, including any Restricted Territory, or any activity with a Sanctioned Person.

As a further condition to accessing or using the Products, you affirm that you will only transfer legally-obtained digital assets that belong to you and that any digital assets you use in connection with the Products are either owned by you or you are validly authorized to carry out actions using such digital assets.

You agree and understand that: (a) all trades you submit through any of our Products are considered unsolicited, which means that they are solely initiated by you; (b) you have not received any investment advice from us in connection with any trades; and (c) we do not conduct a suitability review of any trades you submit.

Likewise, you are solely responsible for any associated wallet and we are not liable for any acts or omissions by you in connection with or as a result of your wallet being compromised. Risk Labs does not act as an agent for you or any other user of the Products and you are solely responsible for your use of the Products, including all your transfers of digital assets.

This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.

One or more of our Products may not be available or appropriate for use in your jurisdiction. By accessing or using any of our Products, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you.

Specifically, your use of our Products or the Protocol may result in various tax consequences, such as income or capital gains tax, value-added tax, goods and services tax, or sales tax in certain jurisdictions.

It is your responsibility to determine whether taxes apply to any transactions you initiate or receive and, if so, to report and/or remit the correct tax to the appropriate tax authority.

Blockchain transactions require the payment of transaction fees to the appropriate network ("Gas Fees"). Except as otherwise expressly set forth in the terms of another offer by Risk Labs, you will be solely responsible to pay the Gas Fees for any transaction that you initiate via any of our Products. Although we attempt to provide accurate fee information, this information reflects our estimates of fees, which may vary from the actual fees paid to use the Products and interact with the Ethereum blockchain and other blockchains.

You expressly agree that you assume all risks in connection with your access and use of any of our Products. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of any of our Products. If you are a California resident, you waive the benefits and protections of California Civil Code § 1542, which provides: "[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

Risk labs is a developer of software. Risk Labs does not operate a digital asset or derivatives exchange platform or offer trade execution or clearing services and has no oversight, involvement, or control concerning your transactions using the products. All transactions between users of the interface are executed peer-to-peer directly between the users’ addresses through a smart contract. You are responsible for complying with all applicable laws that govern your digital assets.

By accessing and using any of our products, you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as ether (eth), so-called stablecoins, and other digital tokens such as those following the Ethereum token standard (erc-20). You acknowledge and understand the inherent risks associated with cryptographic systems and blockchain-based networks. Risk Labs does not own or control any of the underlying software through which blockchain networks are formed. In general, the software underlying blockchain networks, including the Ethereum blockchain, is open source, such that anyone can use, copy, modify, and distribute it. By using the products, you acknowledge and agree (a) that Risk Labs is not responsible for the operation of the blockchain-based software and networks underlying the products, (b) that there exists no guarantee of the functionality, security, or availability of that software and networks, and (c) that the underlying blockchain-based networks are subject to sudden changes in operating rules, such as those commonly referred to as “forks,” which may materially affect the products. Blockchain networks use public and private key cryptography. You alone are responsible for securing your private key(s). We do not have access to your private key(s). Losing control of your private key(s) will permanently and irreversibly deny you access to digital assets on the Ethereum blockchain or other blockchain-based networks. Neither Risk Labs nor any other person or entity will be able to retrieve or protect your digital assets. If your private key(s) are lost, then you will not be able to transfer your digital assets to any other blockchain address or wallet. If this occurs, then you will not be able to realize any value or utility from the digital assets that you may hold.

Further, you acknowledge and understand that the markets for these digital assets are nascent and highly volatile due to risk factors including, but not limited to, adoption, speculation, technology, security, and regulation. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and understand the risk that you may mistakenly trade those or other tokens. So-called stablecoins may not be as stable as they purport to be, may not be fully or adequately collateralized, and may be subject to panics and runs.

Further, you acknowledge and understand that smart contract transactions automatically execute and settle, and that blockchain-based transactions are irreversible when confirmed. You acknowledge and understand that you are responsible for all trades you place, including any erroneous orders that may be filled. We do not take any action to resolve erroneous trades that result from your errors. You acknowledge and understand that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time. You further acknowledge and understand the risk of selecting to trade in expert modes, which can expose you to potentially significant price slippage and higher costs.

Further, you acknowledge and understand that the products and your digital assets could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of Risk Labs to continue to make available our proprietary software and could impede or limit your ability to access or use the products.

Further, you acknowledge and understand that cryptography is a progressing field with advances in code cracking or other technical advancements, such as the development of quantum computers, which may present risks to digital assets and the products, and could result in the theft or loss of your digital assets. To the extent possible, the smart contracts available on the interface will be updated to account for any advances in cryptography and to incorporate additional security measures necessary to address risks presented from technological advancements, but that intention does not guarantee or otherwise ensure full security of the products.

Further, you understand that the Ethereum blockchain and other blockchain-based networks remain under development, which creates technological and security risks when using the products in addition to uncertainty relating to digital assets and transactions therein. You acknowledge that the cost of transacting on the Ethereum blockchain and other blockchain-based networks is variable and may increase at any time causing impact to any activities taking place on the Ethereum blockchain or other blockchain-based networks, which may result in price fluctuations or increased costs when using the products.

Further, you acknowledge and understand that the products are subject to flaws and that you are solely responsible for evaluating any code provided relating to the products. This warning and other warnings that Risk Labs provides in these terms are in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the products. Although we intend to provide accurate and timely information and data on the interface and during your use of the products, the interface and other information available when using the products may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including information regarding our policies. Accordingly, you acknowledge and understand that you should verify all information before relying on it, and all decisions based on information contained on the interface or as part of the products are your sole responsibility. No representation is made as to the accuracy, completeness, or appropriateness for any particular purpose of any pricing information distributed via the site or otherwise when using the products. Prices and pricing information may be higher or lower than prices available on platforms providing similar services.

We must comply with applicable laws, which may require us to, upon request by government agencies, take certain actions or provide information. You acknowledge and understand that Risk Labs may in its sole discretion take any action it deems appropriate to cooperate with government agencies or comply with applicable laws.

If you act as a liquidity provider to the protocol through the interface, you understand that your digital assets may lose some or all of their value while they are supplied to the protocol through the interface due to the fluctuation of prices of tokens in a trading pair or liquidity pool.

In summary, you acknowledge that we are not responsible for any of these variables or risks, do not own or control the protocol, and cannot be held liable for any resulting losses that you experience while accessing or using any of our products. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the interface to interact with the protocol. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against Risk Labs and our shareholders, members, directors, officers, employees, agents, and representatives, suppliers, and contractors related to any of the risks set forth in this Section 5 or elsewhere in these terms.

Each of our products are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim any representations and warranties of any kind, whether express, implied, or statutory, including, but not limited to, the warranties of merchantability and fitness for a particular purpose. You acknowledge and understand that your use of each of our products is at your own risk. We do not represent or warrant that access to any of our products will be continuous, uninterrupted, timely, or secure; that the information contained in any of our products will be accurate, reliable, complete, or current; or that any of our products will be free from errors, defects, viruses, or other harmful elements, or that use of the Products does not and will not infringe or otherwise violate the intellectual property of any third party. No advice, information, or statement that we make should be treated as creating any warranty concerning any of our products. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning any of our products.

Similarly, the protocol is provided "as is", at your own risk, and without warranties of any kind. Although we contributed to the initial code for the protocol, we do not provide, own, or control the protocol, which is run autonomously without any headcount by smart contracts deployed on various blockchains. Upgrades and modifications to the protocol are generally managed in a community-driven way by holders of the acx governance token. No developer or entity involved in creating the protocol will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, the protocol, including any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, cryptocurrencies, tokens, or anything else of value. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning any of our products.

You acknowledge and understand that data you provide while accessing or using the products may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, and agree that, to the maximum extent permitted under applicable law, we will not be liable for any loss or damage caused by denial-of-service attacks, software failures, viruses or other technologically harmful materials (including those which may infect your computer equipment), protocol changes by third-party providers, internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside of our control.

Any payments or financial transactions that you engage in will be processed via automated smart contracts. Once executed, we have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions.

All information provided by any of our products is for informational purposes only and should not be construed as investment advice or a recommendation that a particular token is a safe or sound investment. You should not take, or refrain from taking, any action based on any information contained in any of our products. By providing token information for your convenience, we do not make any investment recommendations to you or opine on the merits of any transaction or opportunity. You alone are responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance.

You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries (collectively “Indemnified Parties”) from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of any of our Products; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; (c) any other party's access and use of any of our Products with your assistance or using any device or account that you own or control; (d) digital assets associated with your wallet; (e) your infringement, misappropriation, or other violation of the intellectual property or other proprietary rights of any other person or entity; and (f) any dispute between you and (i) any other user of any of the Products or (ii) any of your own customers or users. If you are obligated to indemnify any Indemnified Party, Risk Labs (or, at our sole discretion, the applicable Indemnified Party) will have the right, in our or its sole discretion, to control any action or proceeding and to determine whether Risk Labs wishes to settle, and if so, on what terms, and you agree to cooperate with Risk Labs in the defense.

Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, fiat, revenue, opportunities, goodwill or other intangible property, arising out of or relating to any access or use of or inability to access or use any of the products, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of any of the products or the information contained within it, whether such damages are based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with authorized or unauthorized use of any of the products, even if an authorized representative of Risk Labs has been advised of or knew or should have known of the possibility of such damages. We assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access or use of the interface; (c) unauthorized access or use of any secure server or database in our control, or the use of any information or data stored therein; (d) interruption or cessation of function related to any of the products; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the interface; (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through any of the products; (g) the defamatory, offensive, or illegal conduct of any third party and (h) causes beyond Risk Labs’ control or that Risk Labs could not reasonably foresee.

We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via any of our products, or any other payment or transactions that you conduct via any of our products. Except as expressly provided for herein, we do not provide refunds for any purchases that you might make on or through any of our products.

We make no warranties or representations, express or implied, about linked third party services, the third parties they are owned and operated by, the information contained on them, assets available through them, or the suitability, privacy, or security of their products or services. You acknowledge sole responsibility for and assume all risk arising from your use of third-party services, third-party websites, applications, or resources. We shall not be liable under any circumstances for damages arising out of or in any way related to software, products, services, and/or information offered or provided by third-parties and accessed through any of our products.

Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred U.S. dollars ($100.00 USD) or its equivalent in the local currency of the applicable jurisdiction.

The foregoing disclaimer will not apply to the extent prohibited by law.

You agree that the laws of the State of New York, without regard to principles of conflict of laws, govern this Agreement and any Dispute between you and us; provided, that the foregoing shall not restrict us from seeking remedies for disputes related to the violation of any intellectual property rights in the United States Patent and Trademark Office, Trademark Trial and Appeal Board or any other similar office or court of competent jurisdiction. You further agree that each of our Products shall be deemed to be based solely in the State of New York, and that although a Product may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the State of New York. The parties acknowledge that this Agreement evidences interstate commerce and that the enforceability of this Section 8 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. Any arbitration conducted pursuant to this Agreement shall be governed by the FAA. You agree that the federal and state courts of New York County, New York are the proper forum for any appeals of an arbitration award or for court proceedings in the event that this Agreement's binding arbitration clause is found to be unenforceable.

If any portion of this Section 8 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 8 or the parties’ ability to compel arbitration of any remaining claims on an individual basis under this Section 8; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 8 is found to prohibit an individual claim seeking public injunctive relief, then that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 8 will be enforceable.

We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to [email protected] so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren't able to reach an informal resolution within sixty days of your email, then you and we both agree to resolve the potential dispute according to the process set forth below.

Any claim or controversy arising out of or relating to any of our Products, this Agreement, or any other acts or omissions for which you may contend that we are liable, including, but not limited to, any claim or controversy as to arbitrability ("Dispute"), shall be finally and exclusively settled by arbitration under the JAMS Optional Expedited Arbitration Procedures. You understand that you are required to resolve all Disputes by binding arbitration. The arbitration shall be held on a confidential basis before a single arbitrator, who shall be selected pursuant to JAMS rules. The arbitration will be held in New York, New York, unless you and we both agree to hold it elsewhere. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. You and Risk Labs agree that for any arbitration you initiate, you will pay the filing fee and all other JAMS fees and costs. For any arbitration initiated by Risk Labs, Risk Labs will pay all JAMS fees and costs.

Any claim arising out of or related to these Terms or the Products must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred, which means that you and Risk Labs will not have the right to assert the claim.

Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If for any reason a claim by law or equity must proceed in court rather than in arbitration you agree to waive any right to a jury trial and any claim may be brought only in a Federal District Court or a New York state court located in New York County, New York.

You and Risk Labs agree that any Dispute arising out of or relating to these Terms of Service is personal to you and Risk Labs You must bring any and all Disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration.

Except as specified above, you and we both agree to waive the right to demand a trial by jury.

These terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the Terms.

You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement without our prior written consent shall be null and void. We may freely assign or transfer this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

In connection with your historic or current use of one or more of our Products, we may provide you certain incentives, prizes or rewards for completing certain activities, such as completing a certain number of transactions ("User Rewards"). Details regarding the criteria for earning a reward will be described within the applicable Product or official Risk Labs documentation. Upon satisfaction of the criteria for obtaining a reward and subject to your compliance with the associated rewards terms, this Agreement, and applicable law — to be determined exclusively by Risk Labs — we will use commercially reasonable efforts to promptly transfer the earned reward to the digital wallet that you designate or have connected to the applicable Product. We reserve the right to change, modify, discontinue or cancel any rewards programs (including the frequency and criteria for earning such User Rewards), at any time and without notice to you.

We are not registered with the U.S. Securities and Exchange Commission as a national securities exchange or in any other capacity. You understand and acknowledge that we do not broker trading orders on your behalf. We also do not facilitate the execution or settlement of your trades, which occur entirely on public distributed blockchains like Ethereum. As a result, we do not (and cannot) guarantee market best pricing or best execution through our Products. Any references in a Product to "best price" does not constitute a representation or warranty about pricing available through such Product, on the Protocol, or elsewhere.

We may provide any notice to you under this Agreement using commercially reasonable means, including using public communication channels. Notices we provide by using public communication channels will be effective upon posting.

Any right or remedy of Risk Labs set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under applicable laws, at law, or in equity. The failure or delay of Risk Labs in exercising any right, power, or privilege under these Terms will not operate as a waiver thereof.

If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.