Block Raccoon S.A. operates the mobile application known as "Jupiter" (the "App"), the website https://jup.ag as well as other related products and services that refer or link to these Terms of Use.

The App is a visual representation of the underlying smart contracts for the Jupiter protocol (the "Protocol") which comprises open source software deployed in a permissionless manner by Block Raccoon S.A. The App provides an interface which allows users to view and administer their interactions with the Protocol.

These Terms of Use and any terms and conditions incorporated herein by reference (collectively, the "Terms") govern your access to and use of the App. You must read these Terms carefully.

To make these Terms easier to read:

• Block Raccoon S.A.is referred to as "Jupiter", "we", "us", "our" or "the Company".
• "You", "your" and "user(s)" refers to anybody who accesses or uses, in any way, the App. If you are accessing or using the App on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms and, in that case, "you", "your" or "user(s)" will refer to that entity.

By accessing, browsing, or otherwise using the App, or by acknowledging agreement to these Terms on the App, you agree that you have read, understood, and accepted all of these Terms and our Privacy Policy (the "Privacy Policy"), which is incorporated by reference into these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

IMPORTANT NOTE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS BY USING OR ACCESSING THE APP, YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND JUPITER THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. AND YOU AGREE TO A CLASS ACTION WAIVER, BOTH OF WHICH IMPACT YOUR RIGHTS AS TO HOW DISPUTES ARE RESOLVED.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.

If you come up with any further questions, please, dont be shy and feel free to contact us at [email protected].

Eligibility

General. You may not use the App if you are otherwise barred from using the App under applicable law.

Legality. You are solely responsible for adhering to all laws and regulations applicable to you and your use or access to the App. Your use of the App is prohibited by and otherwise violate or facilitate the violation of any applicable laws or regulations, or contribute to or facilitate any illegal activity.

The App and each of the Company's services does not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such offer or solicitation is not authorised, or to any person to whom it is unlawful to make such an offer or solicitation.

By using or accessing the App, you represent to us that you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or excluded or denied persons, including but not limited to the lists maintained by the United Nations Security Council, the European Union or its Member States, or any other government authority.

We make no representations or warranties that the information, products, or services provided through the App, are appropriate for access or use in other jurisdictions. You are not permitted to access or use the App in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of the App to any person, geographic area, or jurisdiction, at any time and at our sole and absolute discretion.

Prohibited Localities. Jupiter does not interact with digital wallets located in, established in, or a resident of the United States, the Republic of China, Singapore, Myanmar (Burma), Cote D'Ivoire (Ivory Coast), Cuba, Crimea and Sevastopol, Democratic Republic of Congo, Iran, Iraq, Libya, Mali, Nicaragua, Democratic People’s Republic of Korea (North Korea), Somalia, Sudan, Syria, Yemen, Zimbabwe or any other state, country or region that is subject to sanctions enforced by the United States, the United Kingdom or the European Union. 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.

Non-Circumvention. You agree not to access the App using any technology for the purposes of circumventing these Terms.

The Services

The Company has deployed the smart contracts underlying the Protocol on the relevant blockchain network for users to utilise in accordance with these Terms. Users may directly call the functions of the smart contracts directly, or access them via the user interface provided by the App.

By accessing the Protocol via the App, users would be able to access a digital wallet service allowing users to self-administer their digital assets held, as well as trade digital asset pairs and perpetual contracts directly in a peer-to-peer manner. Users will be able to act as market makers for these transactions by staking/pooling their digital assets into decentralised liquidity pools to provide the necessary liquidity for perpetual transactions by other users. These digital assets may comprise various fungible cryptocurrencies in the market.

All transactions on the Protocol operate in a peer-to-peer manner. Traders on the Protocol enter into a direct contractual relationship with other users and/or supported third party protocols via the autonomous smart contracts underlying the Protocol, and there is no further control by or interaction with the Company (or the relevant affiliate) which had deployed said smart contract(s). The Company and its affiliates shall in no circumstances be construed as a party to said peer-to-peer direct contractual relationship, is not liable for performance of obligations thereunder, nor does it bear any financial or commercial risk or provide any warranties or assurances in connection with the same.

The App merely provides a visual user interface allowing users to access liquidity provided by liquidity providers, and does not act as an agent for any of the users. Although the App is intended to display accurate and timely information regarding possible swaps and transactions, the App or relevant tools/information may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. The pricing information data provided through the App does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with the Company or the App. Accordingly, users should verify all information before relying on it, and all decisions based on information contained on the App or tools/information tools are at the sole responsibility of each user. Notwithstanding any of the other provisions in these Terms, any photographs, graphic illustrations, videos, models, charts, designs, or examples on the App are strictly for information purposes only and have no contractual value nor do they form the basis of any contract with the Company.

Neither the Company nor the App provides any digital asset exchange or portfolio/fund management services in connection with any transaction. If you choose to engage in transactions on the Protocol, then such decisions and transactions and any consequences flowing therefrom are your sole responsibility. In no event shall the Company, its affiliates or their respective directors or employees be responsible or liable to you or anyone else, directly or indirectly, for any damage or loss arising from or relating to any interaction or continued interaction with the Protocol, or reliance on any information provided on the App (including, without limitation, directly or indirectly resulting from errors in, omissions of or alterations to any such information).

THE APP SOLELY FUNCTIONS AS A VISUAL USER INTERFACE. IN NO CIRCUMSTANCES SHALL THE COMPANY, THE SMART CONTRACTS UNDERLYING THE PROTOCOL, OR THE APP BE CONSTRUED AS A DIGITAL ASSET EXCHANGE, BROKER, DEALER, FUND MANAGER, FINANCIAL INSTITUTION, EXCHANGE, CUSTODIAN, ROBO-ADVISOR, INTERMEDIARY, OR CREDITOR. THE COMPANY IS NOT A COUNTERPARTY TO ANY TRANSACTION FACILITATED BY THE SMART CONTRACTS UNDERLYING THE PROTOCOL, THE APP OR FOR ANY USER OF THE APP. NEITHER THE SMART CONTRACTS OR THE APP PROVIDES FINANCIAL ADVISORY, LEGAL, REGULATORY, OR TAX SERVICES DIRECTLY, INDIRECTLY, IMPLICITLY, OR IN ANY OTHER MANNER, AND YOU SHOULD NOT CONSIDER ANY CONTENT CONTAINED IN THESE TERMS OR OTHERWISE POSTED ON THE APP TO BE A SUBSTITUTE FOR PROFESSIONAL FINANCIAL, LEGAL, REGULATORY, TAX OR OTHER ADVICE. THE COMPANY DOES NOT SUPPORT OR ENDORSE ANY LIQUIDITY POOL CREATED BY ANY USER OF THE PROTOCOL OR ANY THIRD PARTY PROTOCOL, AND EACH SUCH CREATOR IS AN INDEPENDENT AGENT WITH NO EMPLOYMENT OR OTHER CONTRACTUAL RELATIONSHIP WITH THE COMPANY.

The Company reserves the right to suspend or terminate access to the App by any user of for any reason whatsoever (including without limitation for a breach of these Terms). You agree that the Company will not be liable to you or to any third party for any suspension or termination of any user.

Access to the smart contracts underlying the Protocol or the App may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to interact with third-party services for periods of time and may also lead to support response time delays. The Company cannot guarantee that the smart contracts underlying the Protocol or the App will be available without interruption and neither do we guarantee that requests to interact with third-party services will be successful.

Fees and Payment

If you elect to interact with the Services or the App, all transactions will be conducted solely through the relevant blockchain network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Services or the App, or any other transactions that you conduct via the relevant blockchain network.

The relevant blockchain network typically requires the payment of a transaction fee (a "Gas Fee") for every transaction that occurs on the relevant blockchain network. The Gas Fee funds the network of computers that run the decentralised network. This means that you will need to pay a Gas Fee for each transaction that occurs via the Services or the App.

You may be subject to certain additional fees and commissions as notified to you prior to engaging with any transaction on the App. The Company reserves the right to levy additional fees for accessing the App or the Protocol smart contracts. You agree to promptly pay all aforementioned fees and commissions.

Notwithstanding anything in these Terms to the contrary, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, "Taxes") associated with your use of the Services, the App or the Protocol smart contracts (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer or swapping of digital assets or any interaction with the Protocol).

Compliance Obligations

The App may not be available or appropriate for use in all jurisdictions. By accessing or using the App, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. You further agree that we have no obligation to inform you of any potential liabilities or violations of law or regulation that may arise in connection with your access and use of the App and that we are not liable in any respect for any failure by you to comply with any applicable laws or regulations.

Access to the App

We reserve the right to disable access to the App at any time in the event of any breach of these Terms, including without limitation, if we, in our sole discretion, believe that you, at any time, fail to satisfy the eligibility requirements set forth in these Terms. Further, we reserve the right to limit or restrict access to the App by any person or entity, or within any geographic area or legal jurisdiction, at any time and at our sole discretion. We will not be liable to you for any losses or damages you may suffer as a result of or in connection with the App being inaccessible to you at any time or for any reason.

The App and the Protocol may rely on or utilise a variety of external third party services or software, including without limitation oracles, decentralised cloud storage services, analytics tools, hence the App or the Protocol may be adversely affected by any number of risks related to these third party services/software. These may include technical interruptions, network congestion/failure, security vulnerabilities, cyberattacks, or malicious activity. Access to the App or the Protocol may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to interact with third-party services for periods of time and may also lead to support response time delays. The Company cannot guarantee that the App or the Protocol will be available without interruption and neither does it guarantee that requests to interact with third-party services will be successful. You agree that you shall not hold the Company responsible for any losses which occur due to any of the foregoing.

Your Use of the App

You may be required to register an account to use the Services and/or login with third party account credentials (such as Google login credentials or Internet Protocol (IP) address). You agree to keep your password confidential and will be responsible for all use of your account and password.

By using or accessing the App, you represent and warrant that you understand that:

• all registration information you submit will be true, accurate, current, and complete;
• you will maintain the accuracy of such information and promptly update such registration information as necessary;
• you have the legal capacity and you agree to comply with these Terms;
• you are not under the age of 18 and/or you are not a minor in the jurisdiction in which you reside, or (ii) if you are a minor you have received parental permission to use the Services; and
• there are inherent risks associated with virtual currency, and the underlying technologies including, without limitation, cryptography and blockchain, and you agree that Jupiter is not responsible for any losses or damages associated with these risks. You specifically acknowledge and agree that the App facilitates your interaction with decentralized networks and technology and, as such, we have no control over any blockchain or virtual currencies and cannot and do not ensure that any of your interactions will be confirmed on the relevant blockchain and do not have the ability to effectuate any cancellation or modification requests regarding any of your interactions.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

Without limiting the foregoing, you specifically understand and hereby represent your acknowledgment of the following:

• The pricing information data provided through the App does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with the App.
• The App does not act as an agent for any of the users.
• The App does not own or control any of the underlying software through which blockchain networks are formed, and therefore is not responsible for them and their operation.
• You are solely responsible for reporting and paying any taxes applicable to your use of the App.
• Although it is intended to provide accurate and timely information on the App, the App or relevant tools may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the App or relevant tools are your sole responsibility.

In order to allow other users to have a full and positive experience of using the App you agree that you will not use the App in a manner that:

• Breaches these Terms;
• 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;
• 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;
• Attempts, in any manner, to obtain the private key, password, account, or other security information from any other user, including such information about the digital wallet;
• Decompiles, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the App;
• 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;
• 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;
• 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;
• Disguises or interferes in any way with the IP address of the computer you are using to access or use the App or that otherwise prevents us from correctly identifying the IP address of the computer you are using to access the App;
• Transmits, exchanges, or is otherwise supported by the direct or indirect proceeds of criminal or fraudulent activity;
• Contributes to or facilitates any of the foregoing activities.

As it has been already stated, we only provide you with the relevant interface and software and neither has control over your interactions with the blockchain nor encourages you to perform any. Any interaction performed by you via the App remains your sole responsibility.

All information provided in connection with your access and use of the App is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in the App or any other information that we make available at any time, including, without limitation, blog posts, articles, links to third-party content, news feeds, tutorials, tweets, and videos. Before you make any financial, legal, or other decisions involving the App, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.

These Terms are not intended to, and do 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 forth expressly in these Terms.

You understand that smart contract protocols such as the Protocol simply comprise a set of autonomous blockchain-based smart contracts deployed on the relevant blockchain network, operated directly by users calling functions on it (which allows them to interact with other users in a multi-party peer-to-peer manner). There is no further control by or interaction with the original entity which had deployed the smart contract, which entity solely functions as a provider of technical tools for users, and is not offering any sort of securities product or regulated service nor does it hold any user assets on custody. Any rewards earned by user interactions arise solely out of their involvement in the protocol by taking on the risk of interacting with other users and the ecosystem.

Non-custodial nature of the App and Protocol

The App and Protocol are non-custodial in nature, therefore neither holds or controls your digital assets. Any digital assets which you may acquire through the usage of the App or the Protocol will be held and administered solely by you; you remain in full control of your digital assets, which are not held or controlled in any way by the Company. We neither own nor control the relevant blockchain network on which digital assets are recorded, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to utilise the App or the Protocol. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.

We will not create any hosted wallet for you or otherwise custody digital assets on your behalf. In particular, you agree and acknowledge that your private keys to your digital wallet/address shall be encrypted and stored on your mobile device, and you are solely responsible for safekeeping the same. Solely for your convenience, you would be able to access these keys to control your digital assets and/or approve transactions on the App via your mobile device's biometric login functionality. We do not represent or warrant that the biometric login functionality will be accessible at all times, or function with all of the services that we may offer from time to time. To the fullest extent permitted by law, we are not liable for any loss you incur in connection with the use or attempted use of the biometric login functionality to control your digital assets and/or approve transactions on the App, or your instructions, or any unauthorised transactions through or in connection with the biometric login functionality. You shall indemnify us from all loss and damage which we may incur in connection with any improper use of the biometric login functionality.

Neither the Company, the App nor the Protocol provides any digital asset exchange or portfolio/fund management services. If you choose to engage in transactions with other users via the App or the Protocol, then such decisions and transactions and any consequences flowing therefrom are your sole responsibility. In no event shall the Company, its affiliates or their respective directors or employees be responsible or liable to you or anyone else, directly or indirectly, for any damage or loss arising from or relating to any interaction or continued interaction with the App or the Protocol or in reliance on any information provided on the App (including, without limitation, directly or indirectly resulting from errors in, omissions of or alterations to any such information).

"Know Your Customer" and "Anti-Money Laundering" checks

We reserve the right to conduct "Know Your Customer" and "Anti-Money Laundering" checks on you if deemed necessary by us (at our sole discretion) or such checks become required under applicable laws in any jurisdiction. Upon our request, you shall immediately provide us with information and documents that we, in our sole discretion, deem necessary or appropriate to conduct "Know Your Customer" and "Anti-Money Laundering" checks. Such documents may include, but are not limited to, passports, driver's licenses, utility bills, photographs of associated individuals, government identification cards or sworn statements before notaries or other equivalent professionals. Notwithstanding anything herein, we may, in its sole discretion, refuse to provide access to the App to you until such requested information is provided, or in the event that, based on information available to us, you are suspected of using the App or the Protocol in connection with any money laundering, terrorism financing, or any other illegal activity. In addition, we shall be entitled to use any possible efforts for preventing money laundering, terrorism financing or any other illegal activity, including without limitation blocking of your access to the App or the Protocol, or providing your information to any regulatory authority.

Disclaimers

You understand and agree that the App enables access to an online, decentralized, and autonomous protocol and environment, and associated decentralized networks, that are not controlled by Jupiter. We do not have access to your private key and cannot initiate an interaction with your virtual currency or otherwise access your virtual currency. We are not responsible for any activities that you engage in when using your wallet, or the App.

Jupiter cannot and does not represent or guarantee that any of the information available through the App is accurate, reliable, current, complete or appropriate for your needs. The information displayed through the App including information about prices is provided by third parties and/or calculated for informational purposes. Your use of any third-party scripts, indicators, ideas, and other content is at your sole risk.

You expressly understand and agree that your use of the App is at your sole risk. We make and expressly disclaim all representations and warranties, express, implied or statutory, and with respect to the App and the code proprietary or open-source, we specifically do not represent and warrant and expressly disclaim any representation or warranty, express, implied or statutory, including without limitation, any representations or warranties of title, non-infringement, merchantability, usage, security, suitability or fitness for any particular purpose, or as to the workmanship or technical coding thereof, or the absence of any defects therein, whether latent or patent. We do not represent or warrant that the App, code, and any related information are accurate, complete, reliable, current, or error-free. The App is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

You acknowledge that no advice, information, or statement that we make should be treated as creating any warranty concerning the App. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the App. You acknowledge that Jupiter is not responsible for transferring, safeguarding, or maintaining your private keys or any virtual currency associated therewith. If you lose, mishandle, or have stolen associated virtual currency private keys, you acknowledge that you may not be able to recover associated virtual currency and that Jupiter is not responsible for such loss. You acknowledge that Jupiter is not responsible for any loss, damage, or liability arising from your failure to comply with these Terms hereunder.

By accessing and using the App, you represent that you understand (a) the App facilitates access to the Protocol, the use of which has many inherent risks, and (b) the cryptographic and blockchain-based systems have inherent risks to which you are exposed when using the App. You further represent that you have a working knowledge of the usage and intricacies of blockchain-based digital assets, including, without limitation, SPL token standard available on the Solana blockchain. You further understand that the markets for these blockchain-based digital assets are highly volatile due to factors that include, but are not limited to, adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with blockchain-based systems, such as Solana, are variable and may increase or decrease, respectively, drastically at any time. You hereby acknowledge and agree that we are not responsible for any of these variables or risks associated with the Protocol and cannot be held liable for any resulting losses that you experience while accessing or using the App. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the App to interact with the Protocol.

The App 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 the App. We do not endorse 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 these Terms do 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.

Intellectual Proprietary Rights

We own all intellectual property and other rights in the App and its contents, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, and designs. Unless expressly authorized by us, you may not copy, modify, adapt, rent, license, sell, publish, distribute, or otherwise permit any third party to access or use the App or any of its contents. Accessing or using the App does not constitute a grant to you of any proprietary intellectual property or other rights in the App or its contents.

You will retain ownership of all intellectual property and other rights in any information and materials you submit through the App. However, by uploading such information or materials, you grant us a worldwide, royalty-free, irrevocable license to use, copy, distribute, publish and send this data in any manner in accordance with applicable laws and regulations.

You may choose to submit comments, bug reports, ideas, or other feedback about the App, including, without limitation, about how to improve the App (collectively, "Feedback"). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis or otherwise). If necessary under applicable law, then you hereby grant us a perpetual, irrevocable, non-exclusive, transferable, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.

If (i) you satisfy all of the eligibility requirements set forth in these Terms, and (ii) your access to and use of the App complies with these Terms, you hereby are granted a single, personal, limited license to access and use the App. This license is non-exclusive, non-transferable, and freely revocable by us at any time without notice or cause in our sole discretion. Use of the App for any purpose not expressly permitted by these Terms is strictly prohibited.

In the event that you utilise any intellectual property in any manner which infringes on the rights of any party (including by unauthorised incorporation of the same in any project, protocol, code or any digital token), the Company reserves the sole discretion to effectuate the takedown of any such project, protocol, code or any digital token (or underlying intellectual property) at any time, without notice, compensation or payment to you. In addition, and without prejudice to the Company's other remedies under this Agreement, you shall indemnify the Company and its officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from your aforesaid infringement of intellectual rights.

Risks borne by users

You acknowledge and agree that the Services and the App are currently in the initial development stages and there are a variety of unforeseeable risks with utilising the foregoing. In the worst scenario, this could lead to the loss of all or part of your digital assets interacting with the Services, the App or the Protocol. IF YOU DECIDE TO UTILISE THE SERVICES OR THE APP YOU EXPRESSLY ACKNOWLEDGE, ACCEPT AND ASSUME THE BELOW RISKS AND AGREE NOT TO HOLD THE COMPANY OR ANY OF THEIR AFFILIATES RESPONSIBLE FOR THE FOLLOWING RISKS:

• Using and interacting with the Services, the App, the Protocol and/or underlying smart contracts carry financial risk. You acknowledge and agree that you are aware of such risks, including the following: (a) transactions relating to digital assets are very risky, and such digital assets are, by their nature, highly experimental, risky, volatile and generally irreversible. You should not make any transactional decision without first conducting your own research. You are solely and exclusively responsible for determining whether the Services or any other product or service in connection with the same is appropriate or suitable for you based on your own objectives and personal and financial situation. You acknowledge and agree that you will access and use the Services, the App, the Protocol and underlying smart contracts at your own risk.
• You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any interaction with the Services, the App, the Protocol and/or underlying smart contracts. You accept all consequences of participating in such interactions, including the risk that you may lose access to your digital assets indefinitely. All decisions to interact with the Services, the App, the Protocol and/or underlying smart contracts are made solely by you. Notwithstanding anything in these Terms, the Company accepts no responsibility whatsoever for and will in no circumstances be liable to you in connection with any interaction with the Services, the App, the Protocol and/or underlying smart contracts. Under no circumstances will the operation of all or any portion of the Services, the App, the Protocol and underlying smart contracts be deemed to create a relationship that includes any management of any assets, or the provision or tendering of investment advice.
• Digital assets are not legal tender, are not backed by the government, and are not subject to any "Deposit Insurance Scheme" or protections under any banking or securities laws. The Company is not a bank and does not offer any lending services, fiduciary services, or security broking services.
• The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your digital assets interacting with the Protocol, which may also be subject to significant price volatility. We cannot guarantee that any users interacting with the Services, the App, the Protocol and/or underlying smart contracts will not lose money.
• Neither the Services, the App, the Protocol and underlying smart contracts hold in custody, store, send, or receive any of your digital assets. This is because your digital assets exist only by virtue of the ownership record maintained on the relevant blockchain network. Any transfer of digital assets occurs within the relevant blockchain network, and not on the App, the Protocol or underlying smart contracts.
• All smart contracts may contain security vulnerabilities, errors, failures, bugs or economic loopholes which may be exploited by third parties, causing you to suffer losses in connection with any digital assets interacting with the Protocol and/or underlying smart contracts via the App. Interaction with these smart contracts are entirely at your own responsibility and liability, and the Company is not a party to the smart contracts.
• Hackers or other malicious groups or organisations may attempt to interfere with the Services, the App, the Protocol and underlying smart contracts in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing. Furthermore, because the relevant blockchain network comprises open-source software, there is the risk that the blockchain software underlying the Protocol's smart contracts may contain intentional or unintentional bugs or weaknesses that may negatively affect the Services or the Protocol's smart contracts, or result in the loss of the user’s digital assets, or the loss of the user’s ability to access or control their digital assets. In the event of such a software bug or weakness, there may be no remedy, and users are not guaranteed any remedy, refund or compensation.
• The regulatory status of digital assets, and distributed ledger technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to the Services, the App, the Protocol and underlying smart contracts. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting distributed ledger technology and its applications, including the Services, the App, the Protocol and underlying smart contracts. Regulatory actions could negatively impact the Company in various ways, and thus the Services may not be available in certain areas.
• The Services, the Protocol and underlying smart contracts may rely on or utilise a variety of external third party services or software, including without limitation decentralised cloud storage services, analytics tools, oracles, hence therefore the Services may be adversely affected by any number of risks related to these third party services/software, which may be compromised in the event of security vulnerabilities, cyberattacks, malicious activity, or technical interruptions.

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

Indemnification

You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from (a) your access to and use of the App; (b) your violation of these Terms, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party’s access and use of the App with your assistance or using any device or account that you own or control.

Limitation of Liability

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, or other intangible property, arising out of or relating to any access to or use of the App, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the App, or from any access to or use of any information obtained by any unauthorized access to or use of the App. 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 to or use of the App; (c) unauthorized access to 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 the App; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the App; (f) errors or omissions in, or loss or damage incurred as a result of, the use of any content made available through the App; and (g) the defamatory, offensive, or illegal conduct of any third party. Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the greater of (i) the amount you paid to us in exchange for access to and use of the App, or (ii) $100.00. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.

Arbitration and Class Action Waiver

Binding Arbitration. Except for disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and the Jupiter: (a) waive the right to have any and all disputes or claims arising from these Terms, your use or access to the App or any other disputes with the Jupiter (collectively, "Disputes") resolved in a court; and (b) waive any right to a jury trial. Instead, you and the Jupiter agree to arbitrate Disputes that are not resolved informally (as described below) through binding arbitration (i.e. the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it) instead of having the Dispute decided by a judge or jury in court).

No Class Arbitrations, Class Actions or Representative Actions. You and Jupiter agree that any dispute is personal to you and Jupiter and that any such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. Neither party agrees to class arbitration or to an arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and the Jupiter agree that a dispute cannot be brought as a class, or other types of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Process. You and the Jupiter agree that each will notify the other, in writing, of any Dispute within thirty (30) days of when it arises so that the parties can attempt, in good faith, to resolve the Dispute informally. Notice to Jupiter shall be provided by sending an email to [email protected]. Your notice must include (1) your name, postal address, and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific action that you are seeking. If you and the Jupiter cannot resolve the Dispute within thirty (30) days of the Jupiter receiving the notice, either you or Jupiter may, as appropriate pursuant to this Section 13, commence an arbitration proceeding. You and Jupiter agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arose; otherwise, you and the Jupiter agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the Dispute).

Choice of Law. These Terms are governed by and will be construed under the laws of Panama, without regard to principles of conflict of laws, govern these Terms and any Dispute between you and us. Any Dispute under these Terms shall be finally settled by Binding Arbitration (as defined below). Any unresolved Dispute arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration (LCIA), which rules are deemed to be incorporated by reference into this Section 13 to the extent they are consistent with it. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in London, United Kingdom, in English, in accordance with the LCIA Arbitration Rules. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction, to the extent a court therein would be deemed to be a court of competent jurisdiction other than any court located in the United States of America. You further agree that the App shall be deemed to be based solely in Panama and that, although the App may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside Panama.

Authority of Arbitrator. As limited by these Terms and applicable arbitration rules, the arbitrator will have: (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute; and (b) the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

Miscellaneous

Changes. We may amend any portion of these Terms at any time by posting the revised version of these Terms with an updated revision date. The changes will become effective and shall be deemed accepted by you, the first time you use or access the App after the initial posting of the revised Terms and shall apply on a going-forward basis with respect to your use of the App including any transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy are to terminate your use of the App.

Entire Agreement. These Terms (and any additional terms, rules, and conditions of participation that may be posted on the website of Jupiter) including the Privacy Policy constitute the entire agreement with respect to the App and supersedes any prior agreements, oral or written.

Privacy Policy. The Privacy Policy describes the ways we collect, use, store and disclose your personal information. You agree to the collection, use, storage, and disclosure of your data in accordance with the Privacy Policy. In particular, you agree that we may record and/or track details of your digital wallet address (and any related public cryptographic key(s)) from which you access the App or the underlying smart contracts access, as well as details of any transactions performed by said digital wallet address, and similar information.

Severability. If any provision of these Terms 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 these Terms shall not be affected. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms but the rest of these Terms will remain in full force and effect.

Survival. Upon termination of these Terms for any reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.

English language. Notwithstanding any other provision of these Terms, any translation of these Terms is provided for your convenience. The meanings of terms, conditions, and representations herein are subject to their definitions and interpretations in the English language. In the event of conflict or ambiguity between the English language version and translated versions of these terms, the English language version shall prevail. You acknowledge that you have read and understood the English language version of these Terms.

If you have any questions, claims, complaints, or suggestions, please, contact us at [email protected].