Terms of Service

1. Our Products

1.1 The Interface

The Interface provides a web-based means of access to a decentralized protocol on the Internet Computer blockchain that allows users to trade Bitcoin options contracts. The Interface is distinct from the Isometric Protocol and is one, but not the exclusive, means of accessing the Protocol.

The Protocol comprises open-source self-executing smart contracts (canisters) that are deployed on the Internet Computer blockchain. Isometric does not control or operate the Protocol on the 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 or control trade execution. When traders pay fees for trades, those fees are processed by the Protocol smart contracts. As a general matter, Isometric is not a liquidity provider and liquidity providers are independent third parties.

To access the Interface, you must use a blockchain wallet, which allows you to interact with public blockchains. Your relationship with that wallet provider is governed by the applicable terms of service. 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.

1.2 Third-Party Services and Content

Our Products may include integrations, links or other access to third-party services, sites, technology, APIs, content and resources (each a "Third-Party Service"). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. You agree to comply with all terms, conditions, and policies applicable to any Third-Party Services integrated with or made available through the Products.

You, and not Isometric, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Isometric enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using our Products are between you and the third party. Isometric will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

2. Modifications of this Agreement or our Products

2.1 Modifications of this Agreement

We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any material modifications, we will (a) update the date at the top of the Agreement, (b) maintain a current version of the Agreement at https://isometric.fi/terms, and (c) where reasonably practicable, surface notice of the change through the Interface (for example, via an in-app banner or notification on your next session). Modifications will be effective when posted, and your continued access to or use of any of the Products following the effective date 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.

2.2 Modifications 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 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.

3. Intellectual Property Rights

We own all intellectual property and other rights in each of our Products and its respective contents, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, designs, and its "look and feel." 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.

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

4. Your Responsibilities

4.1 Prohibited Activity

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 the law.
• 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.
• 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.
• 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 spoofing and wash trading.
• 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.
• Money Laundering and Sanctions Violations. Activity that involves or facilitates money laundering, terrorism financing, proliferation financing, or any other illegal financial activity, or that uses the Products to engage in or support transactions prohibited by applicable anti-money-laundering, counter- terrorist-financing, or sanctions laws or regulations.
• Exploitation of Vulnerabilities. Activity that exploits, or attempts to exploit, any error, bug, vulnerability, mispricing, oracle failure, race condition, state inconsistency, or unintended behavior of the Products, the Protocol, or any associated smart contract, code, or infrastructure, including any attempt to gain unauthorized access, extract value through unintended mechanisms, or manipulate transaction ordering or settlement.
• 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.
• 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.

4.2 Trading

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.

4.3 No Fiduciary Duties

Each of the Products operates as a smart contract protocol. We do not ever have custody, possession, or control of your digital assets at any time. It further means you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold and you should never share your wallet credentials or seed phrase with anyone. We accept no responsibility for, or liability to you, in connection with your use of a wallet and make no representations or warranties regarding how any of our Products will operate with any specific wallet. 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.

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.

4.4 Compliance and Tax Obligations

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.

4.5 Gas Fees

Blockchain transactions require the payment of transaction fees to the appropriate network. Except as otherwise expressly set forth in the terms of another offer by Isometric, you will be solely responsible to pay the transaction fees for any transaction that you initiate via any of our Products.

4.6 Release of Claims

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.

4.7 Restricted Persons and Jurisdictions

You may not access or use the Products if you are (a) a U.S. Person; (b) a person or entity who resides in, is located in, is incorporated in, or has a registered office in the Province of Ontario, Canada; (c) a citizen, resident, or legal entity organized in, or accessing the Products from, a jurisdiction subject to comprehensive sanctions administered or enforced by the United States, the United Kingdom, the European Union, or the United Nations (including, without limitation, Cuba, Iran, North Korea, Syria, the Russian Federation, Belarus, and the Crimea, Donetsk, Luhansk, Zaporizhzhia, and Kherson regions of Ukraine, and any other jurisdiction so designated from time to time (collectively, "Restricted Jurisdictions")); or (d) listed on, or owned or controlled by a person listed on, any sanctions or restricted-party list maintained by any governmental authority, including the U.S. Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons List (each of (a) through (d), a "Restricted Person").

You further represent and warrant that your access to and use of the Products, including any leveraged, margined, options, or other derivative trading conducted through the Products, is lawful in your jurisdiction of residence, citizenship, and access, and that you are not subject to any registration, licensing, suitability, or eligibility requirement that would prohibit or restrict your access to or use of the Products under applicable law. You are solely responsible for determining whether such trading is lawful for you, and you assume all risk and liability for any determination that proves incorrect.

For purposes of this Agreement, "U.S. Person" has the meaning given in Rule 902(k) of Regulation S under the U.S. Securities Act of 1933, and includes, without limitation: any natural person resident in the United States; any partnership, corporation, limited liability company, or other entity organized or incorporated under the laws of the United States; any estate or trust of which any executor, administrator, or trustee is a U.S. Person; any agency or branch of a non-U.S. entity located in the United States; and any account (whether discretionary or non-discretionary) held by a dealer or other fiduciary for the benefit or account of a U.S. Person.

You represent and warrant that you are not a Restricted Person, that you are not accessing the Products on behalf of any Restricted Person, and that you will notify us immediately and cease all use of the Products if your status changes. We may, at our sole discretion and without notice, implement geofencing, IP-based access controls, wallet screening, or other measures to restrict access to the Products from any jurisdiction or to any wallet address. You are solely responsible for ensuring that your access to and use of the Products is lawful in your jurisdiction.

4.8 No Circumvention

You will not, and will not assist or permit any third party to, (a) use any virtual private network, proxy, anonymizer, location-spoofing service, decentralized identity workaround, or other technical, contractual, or operational means to access the Products from a Restricted Jurisdiction, to mask your status as a Restricted Person, or to obscure your true location; (b) make any false, misleading, or incomplete statement or representation regarding your residency, citizenship, location, identity, beneficial ownership, source of funds, or compliance with any applicable law, in connection with your access to or use of the Products; or (c) otherwise circumvent or attempt to circumvent any access restriction, screening measure, eligibility requirement, or other control we may impose. By accessing or using the Products, you affirmatively represent and warrant that you are not a Restricted Person and have not engaged in any of the foregoing. Any breach of this Section is a material breach of this Agreement and constitutes grounds for immediate termination of your access to the Products, in addition to any other remedies available to us at law or in equity.

4.9 Final and Binding Determinations

Our determinations regarding the eligibility of any user, wallet, or transaction to access or interact with any feature of the Products, as well as any questions or disputes arising from a user's access to or use of the Products, including determinations made under Sections 4.7 and 4.8, shall be final and binding and not subject to challenge or appeal, except where mandatory applicable law provides otherwise. Without notice to you, we reserve the right to suspend, restrict, or terminate your access to any feature of the Products in our sole discretion, including, without limitation, where we determine or suspect that your access or use is unauthorized, deceptive, fraudulent, unlawful, in breach of this Agreement, or would require suspension or termination to comply with applicable laws, regulations, or legal orders.

5. DISCLAIMERS

5.1 ASSUMPTION OF RISK

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 BITCOIN (BTC), CHAIN-KEY BITCOIN (CKBTC), AND OTHER DIGITAL TOKENS.

IN PARTICULAR, YOU 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 OPTIONS TRADING INVOLVES SUBSTANTIAL RISK OF LOSS AND IS NOT SUITABLE FOR ALL INVESTORS.

FURTHER, YOU UNDERSTAND THAT SMART CONTRACT TRANSACTIONS AUTOMATICALLY EXECUTE AND SETTLE, AND THAT BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE WHEN CONFIRMED. YOU ACKNOWLEDGE AND ACCEPT THAT THE COST AND SPEED OF TRANSACTING WITH CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS SUCH AS THE INTERNET COMPUTER ARE VARIABLE AND MAY INCREASE DRAMATICALLY AT ANY TIME.

IF YOU ACT AS A LIQUIDITY PROVIDER OR OPTION WRITER 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 AND SETTLEMENT OF OPTIONS CONTRACTS.

YOU FURTHER ACKNOWLEDGE RISKS SPECIFIC TO THE INTERNET COMPUTER PROTOCOL AND ITS BITCOIN INTEGRATION, INCLUDING WITHOUT LIMITATION: SUBNET FAILURES, REPLICA NODE OUTAGES, CANISTER UPGRADE FAILURES OR FREEZES, CYCLES EXHAUSTION, NETWORK NERVOUS SYSTEM (NNS) GOVERNANCE DECISIONS THAT MAY ALTER PROTOCOL BEHAVIOR, ckBTC MINTING OR REDEMPTION OUTAGES, BITCOIN NETWORK CONGESTION OR REORGANIZATIONS, AND THIRD-PARTY ORACLE OR PRICE-FEED FAILURES, MISPRICINGS, OR MANIPULATIONS. YOU ACCEPT THAT ANY OF THE FOREGOING MAY DELAY, PREVENT, OR ALTER THE EXECUTION OR SETTLEMENT OF YOUR TRANSACTIONS, AND THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES ARISING FROM THEM.

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.

5.2 NO WARRANTIES

EACH OF OUR PRODUCTS IS 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 AGREE 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. 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 THE INTERNET COMPUTER BLOCKCHAIN. 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.

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.

5.3 NO INVESTMENT ADVICE

WE MAY PROVIDE INFORMATION ABOUT TOKENS OR OPTIONS CONTRACTS IN OUR PRODUCTS. THE PROVISION OF INFORMATIONAL MATERIALS DOES NOT MAKE TRADES IN THOSE TOKENS SOLICITED; WE ARE NOT ATTEMPTING TO INDUCE YOU TO MAKE ANY PURCHASE AS A RESULT OF INFORMATION PROVIDED. ALL SUCH 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 OR OPTIONS CONTRACT 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 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.

5.4 BETA SERVICE — EXPERIMENTAL AND UNAUDITED

YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS AND THE PROTOCOL ARE OFFERED AS A PUBLIC BETA. AS OF THE DATE OF THIS AGREEMENT, THE PROTOCOL, THE INTERFACE, AND THE UNDERLYING SMART CONTRACTS HAVE NOT BEEN AUDITED BY ANY THIRD PARTY, AND NO THIRD- PARTY SECURITY AUDIT IS CURRENTLY IN PROGRESS. NOTHING IN THE PRODUCTS, ANY COMMUNICATION FROM US, OR ANY DOCUMENTATION SHOULD BE TAKEN AS A REPRESENTATION OR WARRANTY THAT THE PRODUCTS OR PROTOCOL HAVE BEEN AUDITED, REVIEWED, OR VERIFIED FOR SAFETY, SECURITY, CORRECTNESS, OR FITNESS FOR ANY PURPOSE. IF AN AUDIT IS COMPLETED IN THE FUTURE, ITS COMPLETION, SCOPE, OR FINDINGS SHALL NOT BE A REPRESENTATION OR WARRANTY BY US AS TO THE SAFETY OR FITNESS OF THE PRODUCTS OR PROTOCOL.

YOU ACKNOWLEDGE THAT THE SOFTWARE, SMART CONTRACTS, FRONTEND CODE, AND INFRASTRUCTURE UNDERLYING THE PRODUCTS MAY CONTAIN BUGS, ERRORS, VULNERABILITIES, ECONOMIC EXPLOITS, ORACLE FAILURES OR MISPRICINGS, SETTLEMENT DELAYS OR FAILURES, LIQUIDATION FAILURES OR DELAYS, WITHDRAWAL OR DEPOSIT DELAYS OR FAILURES, DATA LOSS, STATE INCONSISTENCIES, OR OTHER DEFECTS THAT COULD RESULT IN THE PARTIAL OR TOTAL LOSS OF YOUR DIGITAL ASSETS. YOU FURTHER ACKNOWLEDGE THAT THE ECONOMIC PARAMETERS, COLLATERAL REQUIREMENTS, FEE STRUCTURES, AND RISK MODELS OF THE PROTOCOL MAY BE ADJUSTED, MIGRATED, OR REPLACED DURING THE BETA PERIOD.

WE MAY MODIFY, PAUSE, RESTRICT, RESTART, MIGRATE, ROLL BACK, OR DISCONTINUE THE PRODUCTS, THE INTERFACE, OR ANY FEATURE THEREOF AT ANY TIME, WITH OR WITHOUT NOTICE, AND WITHOUT LIABILITY TO YOU. WE DO NOT GUARANTEE THE AVAILABILITY OR CONTINUED OPERATION OF THE PRODUCTS, AND WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS, WITHDRAW, OR RECOVER ANY DIGITAL ASSETS AT ANY PARTICULAR TIME OR AT ALL.

YOU SHOULD NOT DEPOSIT, RISK, OR EXPOSE TO THE PRODUCTS MORE VALUE THAN YOU CAN AFFORD TO LOSE ENTIRELY. ALL DISCLAIMERS, RELEASES, INDEMNITIES, AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT APPLY WITH FULL FORCE TO ANY LOSSES ARISING FROM OR RELATING TO BUGS, EXPLOITS, OR DEFECTS DURING THE BETA PERIOD, AND TO ANY MODIFICATION, PAUSE, MIGRATION, OR DISCONTINUATION OF THE PRODUCTS OR PROTOCOL.

6. Indemnification

You agree to hold harmless, release, defend, and indemnify Isometric and our respective officers, directors, employees, contractors, agents, service providers, licensors, and representatives (collectively, the "Isometric Parties") from and against all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or relating to: (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; and (d) any dispute between you and (i) any other user of any of the Products or (ii) any of your own customers or users. We will make commercially reasonable efforts to provide notice to you of any such claim, suit, or proceeding, provided that we have sufficient contact information to do so; you acknowledge that, because the Products are accessed through blockchain wallets and we do not collect direct contact information from you, we may be unable to provide such notice, and our inability to do so will not affect your indemnification obligations under this Section. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting our defense of such matter. You may not settle or compromise any claim against any Isometric Party without our written consent.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR ANY ISOMETRIC PARTIES 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, 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 ISOMETRIC 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; AND (G) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

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.

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.

8. Governing Law and Dispute Resolution

8.1 Governing Law

You agree that the laws of the Republic of South Africa, without regard to principles of conflict of laws, govern this Agreement and any dispute arising from or relating to this Agreement or your use of the Products.

8.2 Dispute Resolution

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 support@isometric.fi so that we can attempt to resolve it without resorting to formal dispute resolution.

8.3 Jurisdiction

You agree that any legal action or proceeding relating to this Agreement or the Products shall be brought exclusively in the courts of the Republic of South Africa, and you consent to the personal and exclusive jurisdiction of such courts. You and we further agree that neither you nor we may bring any claim, dispute, or proceeding arising out of or relating to this Agreement or the Products in any court located in the United States of America, and each party irrevocably waives any objection that the courts of the Republic of South Africa are an inconvenient forum.

9. Miscellaneous

9.1 Entire Agreement

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.

9.2 Assignment

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.

9.3 Not Registered with Any Regulatory Agency

We are not registered with any securities exchange, financial regulatory authority, or similar agency. 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. As a result, we do not (and cannot) guarantee market best pricing or best execution through our Products.

9.4 Notice

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.

9.5 Severability

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.

9.6 Force Majeure

We will not be liable for any delay, interruption, or failure to perform any obligation under this Agreement, or for any losses arising therefrom, due to causes beyond our reasonable control, including without limitation acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, government action, changes in applicable law or regulation, network or blockchain congestion, chain reorganizations or forks, smart-contract failures, third-party service outages, internet or telecommunications failures, power failures, denial-of-service or other cyberattacks, supply-chain disruptions, or labor disputes.

9.7 No Class Actions

To the fullest extent permitted by applicable law, you and Isometric agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Products, or the Protocol will be resolved on an individual basis, and you waive any right to commence, participate in, or recover under any class, collective, consolidated, or representative action against us. If a court or arbitral tribunal of competent jurisdiction determines that this waiver is unenforceable as to a particular claim, that claim (and only that claim) will be severed from this Section 9.7, and the remainder of this Section and this Agreement will continue to apply.

9.8 Survival

All provisions of this Agreement that by their nature should survive termination shall survive, including without limitation Sections 3 (Intellectual Property), 4.6 (Release of Claims), 4.7 (Restricted Persons and Jurisdictions), 4.8 (No Circumvention), 4.9 (Final and Binding Determinations), 5 (Disclaimers), 6 (Indemnification), 7 (Limitation of Liability), 8 (Governing Law and Dispute Resolution), and this Section 9.

9.9 Limitation Period

Any claim or cause of action arising out of or relating to this Agreement, the Products, or the Protocol must be filed within one (1) year after such claim or cause of action arose, or it shall be permanently barred, except where a longer period is required by applicable mandatory law that cannot be contractually shortened.