Terms of Service

Last Updated: August 4, 2025

These Terms of Service (the "Agreement") describe the terms and conditions that govern your access to, and use of the services provided by Abyiss LLC, doing business as Adesic (collectively, "Adesic,” “we,” “our,” or “us”). This Agreement applies to both individual users ("Individuals") and business users ("Businesses") (collectively, "you," "your," or "user").

Our Services facilitate users in accessing real-time crypto prices, charts, market cap, and data APIs, and act as a crypto on and off ramp to move money on and off the blockchain through a myriad of networks that employ the use of an underlying blockchain or other decentralized or permissioned infrastructure. This Agreement outlines your rights and responsibilities when accessing or utilizing our website, application programming interfaces (“APIs”), and other products and services available for individual or business use (collectively referred to as the "Services").

By signing up to use a Adesic account or service through adesic.com, Adesic’s APIs, the Adesic mobile application, or any other Adesic website (collectively the "Adesic Site"), you agree that you have read, understand, and accept all of the terms and conditions contained in this Agreement including our Privacy Policy, Cookie Policy, Prohibited Activities Policy and E-Sign Consent. You may have to agree to additional terms and conditions to use certain Additional Services (as defined below).

It's essential to carefully read this Agreement as it presides over your usage of our Services. By accessing or using any of our Services, you signify your acknowledgment, comprehension, and acceptance to be bound by this Agreement in its entirety. If you disagree, you are not authorized to access or use any of our Services and should refrain from doing so.

NOTICE: This Agreement encompasses important information, including a binding arbitration provision and a class action waiver, both of which influence your rights regarding dispute resolution. Our Services are accessible to you only if you fully concur with these terms.

ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS ENCOMPASS AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO INITIATE A CLASS ACTION AGAINST US. EXCLUDING CERTAIN TYPES OF DISPUTES REFERENCED IN THAT ARBITRATION CLAUSE, YOU AND ADESIC AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED THROUGH MANDATORY BINDING ARBITRATION, AND YOU FORGO ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Important Definitions: As used throughout this Agreement, the following terms have the following meanings.

“Digital Asset” means any digital asset (including a virtual currency or virtual commodity) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network.

"Supported Digital Asset" means only those particular Digital Assets listed as available to trade or custody in your Digital Asset Wallet (as defined below). Services and supported assets may vary by jurisdiction.

Amendment of these Terms: We may amend or modify this Agreement at any time by posting the revised agreement on the Adesic Site and/or providing a copy to you (a “Revised Agreement”). The Revised Agreement shall be effective as of the time it is posted but will not apply retroactively. Your continued use of the Services after the posting of a Revised Agreement constitutes your acceptance of such Revised Agreement. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account (as defined below).

Dispute Resolution: PLEASE BE AWARE THAT SECTION 19 (CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION) AND APPENDIX 5 OF THIS AGREEMENT, CONTAIN PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND ADESIC. AMONG OTHER THINGS, APPENDIX 5 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. APPENDIX 5 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 19 AND APPENDIX 5 CAREFULLY.

No Investment Advice or Brokerage: For the avoidance of doubt, Adesic does not provide investment, tax, or legal advice, and you are solely 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. Adesic may provide educational information about Supported Digital Assets, as well as Digital Assets not supported by Adesic, in order to assist users in learning more about such Digital Assets. Information may include, but is not limited to, blog posts, articles, links to third-party content, news feeds, tutorials, and videos. The information provided on the Adesic Site or any such third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the website's content as such. Adesic does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Adesic will not be held responsible for the decisions you make to buy, sell, or hold Digital Assets based on the information provided by Adesic.

Adesic does not broker trades on your behalf unless otherwise specified on a specific product. All Adesic trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures.

Acknowledgement of Risk: As with any asset, the value of Digital Assets can increase or decrease and there can be a substantial risk that you lose money buying, selling, holding, or investing in Digital Assets. You should consult your financial advisor, legal or tax professional regarding your specific situation and financial condition and carefully consider whether trading or holding Digital Assets is suitable for you.

Adesic is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons. You acknowledge that Digital Assets are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.

No Deposit Insurance: Supported Digital Assets and fiat, if any, held in your account are not subject to deposit insurance protection, including, but not limited to, (i) where your country of residence is the United States, the Federal Deposit Insurance Corporation insurance or Securities Investor Protection Corporation protections; or (ii) where your country of residence is outside of the United States, the United Kingdom Financial Services Compensation Scheme or equivalent scheme in your country of residence.

1. General

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

You further affirm that you are not (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or 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) or (b) a citizen, resident, or organized in a jurisdiction or territory subject to comprehensive country-wide, territory-wide, or regional economic sanctions by the United States. Finally, you affirm that your access and use of any of our Services will be in complete compliance with all applicable laws and regulations, and that you will not access or use any of our Services to conduct, endorse, or otherwise facilitate any illegal activity.

2. Eligibility

To be eligible for accessing and using our Services, you must meet the following criteria:

• For Individuals: You must be at least 18 years old or the age of majority in your residence, whichever is greater, and must not be prohibited from using the Services under applicable law.
• For Businesses: Your business must be duly organized and in good standing under the laws of the jurisdiction in which it is incorporated or formed. You must have the capacity to form a legally binding contract online on behalf of the business.

When agreeing to the terms of this Agreement on behalf of a business or other legal entity, you represent that:

• You have the legal authority to bind the business or the legal entity to the terms outlined in this Agreement.
• You are capable of forming a legally binding contract online.
• You possess the full right, power, and authority to comply with the obligations under this Agreement.

By accessing the Services, you represent and warrant that:

• You are not subjected to sanctions by the United States.
• You are not a citizen or resident of a state, country, territory, or other jurisdiction that is under an embargo by the United States.
• Your use of the Services will not contravene or violate any applicable domestic or foreign law, rule, statute, or regulation (“Applicable Law”).

You agree, represent, and warrant that all Inbound Transfers are not the direct or indirect proceeds of any criminal or fraudulent activity. We reserve the right to investigate the source of any funds in your account and determine, in our sole discretion, how to handle their disposition. Following our review of any funds in question and the circumstances by which you received them, we may determine that you are not the owner of such funds. If such a determination is made, we reserve the right to dispose of these funds in accordance with applicable laws and regulations and in our sole discretion, which may include, but is not limited to, returning them to the destination of their origin.

Please note that we reserve the right to suspend, restrict, or terminate your access to any or all of the features of the Services, and/or block or restrict any of your transactions if:

• We are mandated to do so by a subpoena, court order, or a binding order of a government authority, or under any applicable laws and regulations.
• We breach this Agreement, including, but not limited to, by engaging in any activities prohibited under this Agreement.
• We deem it necessary to do so due to legal or regulatory reasons, at our sole discretion.

3. Modifications to this Agreement or our Services

3.1 Modifications to this Agreement

We reserve the right, in our sole discretion, to modify this Agreement as necessary. Should we make any significant modifications, we will notify you by updating the date at the top of the Agreement and by maintaining the most current version of the Agreement at https://adesic.com/legal/terms-of-service. All modifications will be effective immediately upon posting, and your continued use or access to any of our Services will be deemed as your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately cease accessing and using all of our Services.

3.2 Modifications to our Services

We reserve the following rights, which we are under no obligation to exercise:

• (a) modify, substitute, remove, or add to any of the Services with or without notice to you;
• (b) review, modify, filter, disable, delete, and remove any and all content and information from any of the Services.

4. Intellectual Property Rights

4.1 IP Rights Generally

We hold all intellectual property and other rights in each of our Services and its respective content, 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 Services solely in accordance with this Agreement. You agree not to use, modify, distribute, tamper with, reverse engineer, disassemble or decompile any of our Services for any purpose other than as expressly permitted pursuant to this Agreement. Except as set forth in this Agreement, we grant you no rights to any of our Services, including any intellectual property rights.

By using any of our Services, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you post on or through any of our Services for our current and future business purposes, including to provide, promote, and improve the services. This includes any digital file, art, or other material linked to or associated with any NFTs that are displayed.

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any material that you list, post, promote, or display on or through any of our Services (including, but not limited to, NFTs). You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant us the license described above, and that the content does not violate any laws.

We do not claim any ownership rights in any content that users (including you) provide to be made available through the Services (“User Content”). You agree that you own or have all rights, title, and interest, including all intellectual property rights, in any User Content you provide to us. You hereby grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, distribute, create derivative works of, display, and perform any User Content that you upload, submit, store, or send on or through the Services.

Subject to the foregoing, Adesic owns or is duly authorized to use all intellectual property and other rights in the Services and its contents, including all text, images and trademarks displayed or provided on the Services, and all Services software. 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 Services or any of its contents. Provided that you are eligible, and in consideration for your compliance with the terms of this Agreement, you are hereby granted a single, personal, limited license to access and use the Services. This license is non-exclusive, non-transferable, and freely revocable by us at any time without notice or cause. Use of the Services or its contents for any purpose not expressly permitted by this Agreement is strictly prohibited.

All content included in or made available through the Adesic Services, Adesic Site or any related content, materials and information such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (collectively, the “Content”) is the property of Adesic or its affiliates or its content providers and protected by United States and international copyright laws. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the Adesic Services, Adesic Site, and Content solely for purposes approved by Adesic from time to time. Any other use of the Adesic Services, Adesic Site or Content is expressly prohibited and all other right, title, and interest in the Adesic Services, Adesic Site or Content is exclusively the property of Adesic and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part without the prior written consent of Adesic."Adesic.com", and the following non-exhaustive list, including ADESIC, ADESIC Logo, and without limitation, any graphics, logos, button icons, and service names included in or made available through any Content, and all logos related to the Adesic Services or displayed on the Adesic Site are either trademarks or trade dress of Adesic or its licensors in the United States and other countries. You may not copy, imitate or use them without Adesic's prior written consent for any purpose, including without limitation, in: connection with any product or service that is not authorized by Adesic; any manner that is likely to cause confusion among customers; or a way that disparages or discredits Adesic.

4.2 Third-Party Resources and Promotions

Our Services may contain references or links to third-party resources, including, but not limited to, information, materials, products, or services, that Adesic does not own or control. Additionally, our Services may provide links to third-party websites or services for your convenience and information. These third-party sites and resources are not under the control of Adesic, and we are not responsible for the content, including, but not limited to, the accuracy, reliability, or truthfulness of any statement or other content. We do not approve, monitor, endorse, warrant, or assume any responsibility for any such resources. Furthermore, third parties may offer promotions related to your access and use of our Services. If you access any such resources, third-party websites, 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 Adesic of any and all liability arising from your use of any such resources, third-party websites, or participation in any such promotions. Adesic reserves the right to terminate any link or linking program at any time. We have not reviewed all the information contained in the linked sites and do not endorse or take responsibility for the companies, products, or sites to which it links. If you decide to access any of the third-party sites or resources linked to our Services, you do this entirely at your own risk.

4.3 Additional Rights

Adesic reserves 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. We may also disclose your information as necessary to comply with any applicable law, regulation, legal process, or enforceable governmental request.

5. Disclosures; Disclaimers

5.1 Warranty Disclaimer

To the maximum extent permitted under applicable law, our Services (and any of its content or functionality) are provided on an "AS IS" and "AS AVAILABLE" basis, and Adesic expressly disclaims, and you hereby waive, any representations, conditions or warranties of any kind, whether express or implied, legal, statutory or otherwise, or arising from statute, otherwise in law, course of dealing, or usage of trade, including, without limitation, the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights. Without limiting the foregoing, Adesic does not represent or warrant that the Services (including any related data) will be uninterrupted, available at any particular time or error-free. Further, we do not warrant that errors in our Services are correctable or will be corrected.

THE ADESIC SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADESIC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. ADESIC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE ADESIC SITE, ANY PART OF THE ADESIC SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. ADESIC DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE ADESIC SERVICES AND ADESIC SITE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT ADESIC WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (I) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSET PRICE DATA, OR ANY ERROR, DELAY OR INTERRUPTION IN THE TRANSMISSION OF SUCH DATA; (II) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR WEBSITES, SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF OR ANY OF THE ADESIC SERVICES OR ANY WEBSITE OR SERVICE LINKED TO OUR WEBSITE; (III) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR WEBSITES, SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF OR ANY OF THE ADESIC SERVICES; OR (IV) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ADESIC ACCOUNT.

Adesic will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Adesic makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.

IF YOU ARE A NEW JERSEY RESIDENT, the provisions of this Section 5.1 are intended to apply only to the extent permitted under New Jersey law.

The foregoing limitations of damages, liability and no warranty provisions set forth above in this Section 5.1 are fundamental elements of the basis of the bargain between Adesic and you.

5.2 Disclaimer About Information Accuracy

You acknowledge that Adesic relies on third-party sources for information. These third-party sources provide us with information about certain digital tokens on the Services, and we reserve the right to choose, modify, and remove any third-party information source at our discretion. Specifically, digital token information, including token description, total supply, market cap and 24-hour volume, is derived from third-party sources. Adesic is not responsible for the quality, accuracy, timeliness, completeness, or reliability of any of the digital token information provided through the Services. It is your responsibility to gather sufficient information and stay well-informed before trading any digital tokens through the Services.

5.3 Network Fees

The Services connect users with Multi-Chain Networks. Transactions on the Multi-Chain Networks may require you to pay a fee, such as a "gas fee" on the Ethereum network, for the computational resources required to perform a transaction on the specific blockchain network (such payments and fees, "Network Fees").

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 Adesic, you will be solely responsible for paying the Gas Fees for any transaction that you initiate via our Services.

Where applicable, you are responsible for paying any Network Fees automatically imposed by the Multi-Chain Networks. You acknowledge and agree that Adesic has no control over any Multi-Chain Networks, the method of payment of any Network Fees, or any actual payments of Network Fees. You must ensure that you have a sufficient balance of the Multi-Chain Networks’ native tokens stored in your compatible wallet address ("Wallet Address") to complete any transaction before initiating it.

We may charge network fees (miner fees) to process a Digital Asset Transaction on your behalf. We will calculate the network fee at our discretion, and notify you of the network fee at or before the time you authorize the Digital Asset Transaction.

5.4 Custody and Control of Digital Tokens

Adesic does not provide custody services for digital tokens or fiat currency. You maintain full custody and control of the digital tokens in your third-party digital wallets at all times. Adesic does not provide wallet services, nor do we take custody of your digital tokens or fiat or have access to or retain the electronic private key of your digital wallet. As the owner and custodian of the digital tokens in your digital wallets and fiat in your accounts, all risk of loss of such digital tokens and fiat falls on you. Adesic solely transmits and moves your money in accordance with your instructions and applicable laws.

Please note that Adesic is registered with FinCEN as a Money Services Business and is in the process of obtaining Money Transmitter Licenses in various jurisdictions. We are not acting as an investment adviser or commodity trading adviser to any individual or business, and we do not offer securities services in the United States or to U.S. persons. The content of the Services does not constitute advice, endorsement, or recommendations concerning any commodity, security, or other asset.

5.5 Risks Associated with Digital Tokens

By accessing and using the Services, you confirm that you understand the inherent risks associated with using cryptographic and blockchain-based systems. You also acknowledge that you have a working knowledge of the usage and intricacies of digital tokens such as bitcoin (BTC), ether (ETH), and other digital tokens that follow the Ethereum Token Standard (ERC-20). Adesic does not control the underlying software protocols of any digital tokens accessible on the Services. We are not responsible for the operation, functionality or security of these underlying protocols and are not liable for any loss of token value that you may incur due to any operational changes, malfunctions, or failures of these underlying protocols.

Further, you understand that the markets for these digital tokens are highly volatile, and that there are significant risks associated with digital tokens, including (but not limited to) those related to adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum can fluctuate and may increase dramatically at any time. You agree to assume full responsibility for all the risks of accessing and using the Services and interacting with the Ethereum Blockchain and agree that Adesic is not responsible for any losses you may experience as a result of these risks.

Be aware that anyone can create digital tokens via the Multi-Chain Networks (such as ERC20 tokens on Ethereum). Adesic makes no representation about the nature, quality, or legal categorization of these tokens or their associated projects. You are responsible for conducting your own research, as well as ensuring that you may legally transact with these tokens in your jurisdiction.

BY ACCESSING AND USING ANY OF OUR SERVICES, 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).

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 ANYONE CAN CREATE A TOKEN, INCLUDING FAKE VERSIONS OF EXISTING TOKENS AND TOKENS THAT FALSELY CLAIM TO REPRESENT PROJECTS, AND ACKNOWLEDGE AND ACCEPT 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 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 ETHEREUM ARE VARIABLE AND MAY INCREASE DRAMATICALLY AT ANY TIME. YOU FURTHER ACKNOWLEDGE AND ACCEPT THE RISK OF SELECTING TO TRADE IN EXPERT MODES, WHICH CAN EXPOSE YOU TO POTENTIALLY SIGNIFICANT PRICE SLIPPAGE AND HIGHER COSTS.

FINALLY, YOU UNDERSTAND THAT WE DO NOT CREATE, OWN, OR OPERATE CROSS-CHAIN BRIDGES AND WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE SAFETY OR SOUNDNESS OF ANY CROSS-CHAIN BRIDGE.

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 SERVICES. ACCORDINGLY, YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE SERVICES TO INTERACT WITH THE BLOCKCHAIN.

5.6 Operation of Digital Asset Protocols

Adesic does not own or control the underlying software protocols which govern the operation of Digital Assets. Generally, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols and do not guarantee the functionality or security of network operations. In particular, the underlying protocols may be subject to sudden changes in operating rules (including “forks”). Any such operating changes may materially affect the availability, value, functionality, and/or the name of the Digital Assets in your Digital Asset Wallet or other wallet. Adesic does not control the timing and features of these operating changes. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information and information that may be provided by Adesic in determining whether to continue to use an Adesic Account for the affected Digital Asset. In the event of any such operational change, Adesic reserves the right to take such steps as may be necessary to protect the security and safety of assets held on the Adesic Site, including without limitation, temporarily suspending operations for the involved Digital Asset(s); Adesic will endeavor to provide you notice of its response to any material operating change; however, such changes are outside of Adesic’s control and may occur without notice to Adesic. Adesic’s response to any operating change is subject to its sole discretion and may include deciding not to support any new Digital Asset, fork, or other actions. You acknowledge and accept the risks of operating changes to Digital Asset protocols and agree that Adesic is not responsible for such operating changes and not liable for any loss of value you may experience as a result of such changes in operating rules. You acknowledge and accept that Adesic has sole discretion to determine its response to any operating change and that we have no responsibility to assist you with unsupported currencies or protocols. You further acknowledge and accept that Adesic has no responsibility to support new Digital Asset forks or operating changes for Digital Assets.

5.7 Control and Customer Instructions

You control the Digital Assets held in your Digital Asset Wallet. At any time, subject to outages, downtime, protocol requirements, time to conduct blockchain operations to fulfill your request, and other applicable policies, you may withdraw your Supported Digital Assets by instructing Adesic to debit the applicable Supported Digital Asset from your Digital Asset Wallet and transfer the Digital Assets to a different blockchain address. As long as you continue to hold Supported Digital Assets with Adesic, Adesic shall retain control over electronic private keys associated with blockchain addresses operated by Adesic, including the blockchain addresses used to hold the Supported Digital Assets credited to your Digital Asset Wallet.

5.8 Omnibus Accounts

In order to more securely and effectively custody assets, Adesic may use shared blockchain addresses, controlled by Adesic, to hold Supported Digital Assets for Digital Asset Wallets on behalf of customers and/or held on behalf of Adesic. Although we maintain separate ledgers for users’ Adesic Accounts and Adesic accounts held by Adesic for its own benefit, Adesic shall have no obligation to create a segregated blockchain address for your Supported Digital Assets.

6. Taxes and Compliance

Certain Services may not be available or appropriate for use in your jurisdiction. By accessing or using any of our Services, you acknowledge that you bear full responsibility for compliance with all laws and regulations that may apply to you.

Your use of our Services may have various tax implications, such as income or capital gains tax, value-added tax, goods and services tax, or sales tax in certain jurisdictions.

You are responsible for determining whether taxes apply to any transactions you conduct or receive through our Services, and, if so, for reporting and remitting the correct tax to the appropriate tax authority.

Any tax obligations that arise from transactions conducted via the Services fall under your responsibility. You must withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. While we strive to provide a comprehensive transaction history through your account, we do not guarantee the completeness or accuracy of this information.

The tax treatment of Digital Asset transactions is uncertain, and it is your responsibility to determine what taxes, if any, arise from transactions using Adesic Services under this Agreement. Users are solely responsible for reporting and paying any applicable taxes arising from transactions using Adesic Services, and acknowledge that Adesic does not provide investment, legal, or tax advice governing these transactions. You understand that Adesic shall report information with respect to your transactions, payments, transfers, or distributions made by or to you with respect to your activities using Adesic Services to a tax or governmental authority to the extent such reporting is required by applicable law. Adesic also shall withhold taxes applicable to your transactions or to payments or distributions made or deemed made to you to the extent such withholding is required by applicable law. From time to time, Adesic shall ask you for tax documentation or certification of your taxpayer status as required by applicable law, and any failure by you to comply with this request in the time frame identified may result in withholding and/or remission of taxes to a tax authority as required by applicable law. You should conduct your own due diligence and consult your own tax advisors before making any decisions with respect to Digital Asset transactions.

7. Privacy

Please refer to our privacy policy, available at https://adesic.com/legal/privacy-policy, for information about how we collect, use, share and otherwise process your information.

You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to us in relation to your employees and other associated individuals, in connection with this Agreement, or the Adesic Services. Accordingly, you represent and warrant that: (i) your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and such data are accurate, up to date and relevant when disclosed; (ii) before providing any such personal data to us, you have read and understood our Privacy Policy, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided a copy of that Privacy Policy (as amended from time to time), to that individual; and (iii) if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide a copy to any individual whose personal data you have provided to us.

8. Changes; Suspension; Termination

At our sole discretion, we reserve the right to modify, suspend, disable, or terminate, temporarily or permanently, the Services or any part of our Services at any time, with or without prior notice to you. This may occur due to various reasons, including, but not limited to, security incidents, or with or without cause.

In the event of such changes or termination, we will not be liable for any losses incurred by you resulting from any modifications to the Services or from any suspension or termination of your access to all or any portion of the Services, regardless of the reason.

If you wish to terminate this agreement, or your user account (if you have one), you may simply discontinue using our Services. Despite any termination or suspension, all terms of this Agreement will remain in effect. This also applies to all provisions of this agreement which, by their nature, should survive, including, without limitation, provisions related to intellectual property ownership, warranty disclaimers, indemnification, limitations of liability, and any other provision which, by law or by its nature, should survive. These provisions will continue in full force, irrespective of the reasons for the termination or expiration of your access.

We may, without liability to you or any third party, suspend your Adesic account, consolidate your Adesic accounts if you have more than one, or terminate your Adesic account or suspend your use of one or more of the Services in accordance with the terms of this Agreement, as determined in our sole and absolute discretion. Such actions may be taken as a result of account inactivity, failure to respond to customer support requests, failure to positively identify you, a court order, your violation of the terms of this Agreement or for other similar reasons. Adesic may also temporarily suspend access to your Adesic account in the event that a technical problem causes system outage or Adesic errors until the problem is resolved. For the avoidance of doubt, in the event your Adesic account is suspended or closed, you will no longer be able to access any of the Services.

You may terminate this Agreement at any time by closing your Adesic account in accordance with this Agreement. In order to do so, you should contact Adesic’s “Support Team” who will assist you in closing your Adesic account. You may not terminate your Adesic account if Adesic believes, in its sole discretion, that such closure is being performed in an effort to evade a court order or legal or regulatory investigation or to avoid paying any amounts otherwise due to Adesic.

We encourage you to transfer any Supported Digital Assets out of your Adesic account prior to issuing a request to terminate your Adesic account. We may be unable to terminate your Adesic account at your request if you maintain a balance in your Adesic account. We reserve the right to restrict or refuse to permit transfers from your Adesic account if (i) your Adesic account has otherwise been suspended or unilaterally terminated by Adesic in accordance with this Agreement or (ii) to do so would be prohibited by law or a court order or we have determined that any of the related Supported Digital Assets were obtained fraudulently.

Upon closure or suspension of your Adesic account, you authorize Adesic to cancel or suspend pending transactions and forfeit all proprietary rights and claims against Adesic in relation to any U.S. Dollar or euro funds otherwise eligible for redemption.

In the event that you or Adesic terminates this Agreement or your access to the Services, or cancels your Adesic account, you remain liable for all activity conducted on or with your Adesic account while it was active and for all amounts due hereunder.

In the event that there are outstanding amounts owed to us hereunder, including in your Adesic Account, Adesic reserves the right to debit your Adesic Account accordingly and/or to withhold amounts from funds you may transfer between your Adesic Accounts.

If Adesic is holding funds (whether fiat currency or Supported Digital Assets) in your account, and has no record of you accessing the Services for several years and is unable to contact you, applicable law may require Adesic to deliver any such funds to the applicable state or jurisdiction as unclaimed property.

8.1 Fiduciary Designation

For security reasons, if we receive legal documentation confirming your death or other information leading us to believe you have died, we will freeze your Adesic Account and during this time, no transactions may be completed until: (i) your designated fiduciary has opened a new Adesic Account, as further described below, and the entirety of your Adesic Account has been transferred to such new account; or (ii) we have received proof in a form satisfactory to us that you have not died. If we have reason to believe you may have died but we do not have proof of your death in a form satisfactory to us, you authorize us to make inquiries, whether directly or through third parties, that we consider necessary to ascertain whether you have died. Upon receipt by us of proof satisfactory to us that you have died, your designated fiduciary will be required to open a new Adesic Account in order to gain access to the contents of your Adesic Account. If you have not designated a fiduciary, then we reserve the right to (i) treat as your fiduciary any person entitled to inherit your Adesic Account, as determined by us upon receipt and review of the documentation we, in our sole discretion, deem necessary or appropriate, including (but not limited to) a will, a living trust or a small estate affidavit; or (ii) require an order designating a fiduciary from a court having competent jurisdiction over your estate. In the event we determine, in our sole discretion, that there is uncertainty regarding the validity of the fiduciary designation, we reserve the right to require an order resolving such issue from a court of competent jurisdiction before taking any action relating to your Adesic Account.

9. Electronic Notices

You agree to receive all communications, agreements, documents, receipts, notices, and disclosures (collectively referred to as "Communications") electronically that we provide in relation to the Agreement or the Services. We may deliver our Communications by posting them on the Services. You can also request additional electronic copies of our Communications by contacting our Legal team and sending a support request to support@adesic.com. For more information, please see our E-Sign Consent, available at https://adesic.com/legal/e-sign-consent.

10. Indemnification

You agree to defend, indemnify, and hold harmless Adesic and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries (collectively, the "Protected Parties") from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

• (a) your access to and use of the Services or any of our Products;
• (b) your breach of any term or condition of this Agreement, the rights of any third party, or any other applicable law, rule, or regulation;
• (c) any other party's access to and use of the Services or any of our Products with your assistance or using any device or account that you own or control;
• (d) any dispute between you and any other user of any of our Products or any of your own customers or users.

Under no circumstance will any of the Protected Parties be held liable for any claims, damages, obligations, losses, liabilities, costs, and expenses resulting from a user's use of the Services or any of our Products. You understand and agree that you use the Services and our Products at your own risk.

If you have a dispute with one or more users of the Adesic Services, you release Adesic, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold Adesic, its affiliates and service providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.

11. Your Responsibilities

11.1 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 Services: See Prohibited Activity Policy for full details.

• 11.1.1 Intellectual Property Infringement: Activity that infringes or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.
• 11.1.2 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.
• 11.1.3 Fraud and Misrepresentation: Activity that seeks to defraud Adesic 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.
• 11.1.4 Market Manipulation: Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including (but not limited to) manipulative tactics commonly known as "rug pulls", pumping and dumping, and wash trading.
• 11.1.5 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.
• 11.1.6 Sale of Stolen Property: Buying, selling, or transferring stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items.
• 11.1.7 Data Mining or Scraping: Activity that involves data mining, robots, scraping, or similar data gathering or extraction methods of content or information from the Services.
• 11.1.8 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.
• 11.1.9 Gambling: Activity that stakes or risks something of value upon the outcome of a contest of others, an event, or a game of chance, including without limitation to lotteries, bidding fee auctions, political betting, sports forecasting, and sweepstakes.
• 11.1.10 IP Address Disguise: Activity that enables non-eligible persons to access or trade via the Services by using any virtual private network, proxy service, or any other third-party service, network, or product with the intent of disguising your IP address or location.
• 11.1.11 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.

11.2 Trading

You agree and understand that: (a) all trades you submit through any of our Services 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, including those you place via our APIs; and (c) we do not conduct a suitability review of any trades you submit.

11.3 Non-Custodial and No Fiduciary Duties

Each of the Services is a purely non-custodial application, meaning 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 Services 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.

11.4 Password Security; Contact Information

You are responsible for creating a strong password and maintaining security and control of any and all electronic devices, IDs, email addresses, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the Adesic Services. Any loss or compromise of the foregoing information, your personal information, and/or actions taken by your Trusted Contacts may result in unauthorized access to your Adesic Account by third-parties and the loss or theft of any Digital Assets and/or funds held in your Adesic Account and any associated accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. You should never allow remote access or share your computer and/or computer screen with someone else when you are logged on to your Adesic Account. Adesic will never under any circumstances ask you or your Trusted Contacts for your passwords, 2-factor authentication codes, or to screen share or otherwise seek to access your computer or account. Adesic is not liable for any loss that you may sustain due to the compromise of your account login credentials (including passwordless credentials such as Passkeys and any other means of authentication) or resulting from your use of the Trusted Contacts feature. Adesic is also not liable for your failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Adesic Account information has been compromised, contact Adesic Support immediately at support@adesic.com.

11.5 Security Breach

If you suspect that your Adesic Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or Adesic (collectively a "Security Breach"), you must notify Adesic Support immediately at support@adesic.com and provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce or manage any Security Breach. Prompt reporting of a Security Breach does not guarantee that Adesic will reimburse you for any losses suffered or be liable to you for any losses suffered as a result of the Security Breach.

11.6 Computer Viruses

We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Adesic. Always log into your Adesic Account(s) through the Adesic Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

11.7 API Usage

If you access our Services via APIs, you agree to comply with the following: (a) do not share API keys or credentials with third parties; (b) adhere to rate limits (e.g., no more than 100 requests per minute, subject to change with notice); (c) do not use APIs for scraping, data mining, or any prohibited activity under Section 11.1; (d) monitor your usage to avoid exceeding limits, which may result in throttling or suspension; and (e) implement reasonable security measures (e.g., encryption for sensitive data). Violation may lead to immediate API access revocation without notice. Adesic provides no warranty for API uptime or accuracy and is not liable for losses from API misuse or downtime.

12. Partners and Money Transmission

Adesic partners with various entities, including bank partners and other financial institutions, to facilitate the transmission of funds on and off the blockchain. These partners may assist in processing transactions to ensure compliance and efficiency.

13. Exclusion of Consequential and Related Damages

In no event will Adesic be liable for any incidental, indirect, special, punitive, exemplary, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, goodwill, profits or other business or financial benefit) arising out of or in connection with your use of any of our Services, whether under contract, tort (including negligence), civil liability, statute, strict liability, breach of warranties, or under any other theory of liability, and whether or not Adesic has been advised of, knew of or should have known of the possibility of such damages.

14. Limitation of Liability

In no event will Adesic’s aggregate liability arising out of or in connection with any of our Services (and any of their content and functionality), any performance or non-performance of Adesic, digital tokens, or any other product, service or other item provided in connection with any of our Services, whether under contract, tort (including negligence), civil liability, statute, strict liability or other theory of liability exceed the amount of fees paid by you to us in the twelve (12) month period immediately preceding the event giving rise to the claim for 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 OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE SERVICES, 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 SERVICES 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 SERVICES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ADESIC 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 SERVICES; (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 SERVICES; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; (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 SERVICES; 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 SERVICES, OR ANY OTHER PAYMENTS OR TRANSACTIONS THAT YOU CONDUCT VIA ANY OF OUR SERVICES. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, WE DO NOT PROVIDE REFUNDS FOR ANY PURCHASES THAT YOU MIGHT MAKE ON OR THROUGH ANY OF OUR SERVICES.

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 SERVICES.

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.

IN NO EVENT SHALL ADESIC, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (I) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL ASSETS ASSOCIATED WITH YOUR DIGITAL ASSET WALLET AT THE TIME OF THE EVENT OR CIRCUMSTANCE GIVING RISE TO YOUR CLAIM OR (II) FOR ANY LOST PROFITS, LOSS OF GOODWILL OR REPUTATION, LOSS OF DATA, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE ADESIC SITE OR THE ADESIC SERVICES, OR THIS AGREEMENT, EVEN IF ADESIC HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF ADESIC’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT ADESIC FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE LESSER OF THE VALUE OF THE SUPPORTED DIGITAL ASSETS AT ISSUE IN THE TRANSACTION OR THE TOTAL VALUE OF THE SUPPORTED DIGITAL ASSETS ASSOCIATED WITH YOUR DIGITAL ASSET WALLET, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES ARISING OUT OF OR RELATING TO DIGITAL ASSETS THAT ARE NOT SUPPORTED DIGITAL ASSETS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE A NEW JERSEY RESIDENT, the provisions of this Section 14 are intended to apply only to the extent permitted under New Jersey law.

The foregoing limitations of damages, liability and no warranty provisions set forth above in this Section 14 are fundamental elements of the basis of the bargain between Adesic and you.

15. Release and Assumption of Risk

To the extent permitted by applicable law, in consideration for being allowed to use the Services, you expressly agree that you assume all risks in connection with your access and use of any of our Services. You hereby release and forever discharge Adesic from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage) that has arisen or arises directly or indirectly out of, or that relates directly or indirectly, to the Services or any of our Products. Further, you 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. In making these releases and waivers, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of these releases and waivers to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to these releases and waivers, including, but not limited to, the provisions of Section 1542 of the California Civil Code, which states: "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."

16. Assignment

You may not assign any rights or licenses granted under the Agreement. We reserve the right to assign any rights and/or licenses under this Agreement without restriction, including but not limited to any Adesic affiliates or subsidiaries or any successors of Adesic’s business interests.

17. Force Majeure

We shall not be responsible for any delay or failure in performance of the Services resulted directly or indirectly from any events or circumstances beyond our reasonable control, including but not limited to, natural disaster, civil unrest, terrorism, significant market volatility and failure of Internet services, equipment, or software.

18. Disclaimers

18.1 Assumption of Risk -- Generally

BY ACCESSING AND USING ANY OF OUR SERVICES, 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).

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 ANYONE CAN CREATE A TOKEN, INCLUDING FAKE VERSIONS OF EXISTING TOKENS AND TOKENS THAT FALSELY CLAIM TO REPRESENT PROJECTS, AND ACKNOWLEDGE AND ACCEPT 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 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 ETHEREUM ARE VARIABLE AND MAY INCREASE DRAMATICALLY AT ANY TIME. YOU FURTHER ACKNOWLEDGE AND ACCEPT THE RISK OF SELECTING TO TRADE IN EXPERT MODES, WHICH CAN EXPOSE YOU TO POTENTIALLY SIGNIFICANT PRICE SLIPPAGE AND HIGHER COSTS.

FINALLY, YOU UNDERSTAND THAT WE DO NOT CREATE, OWN, OR OPERATE CROSS-CHAIN BRIDGES AND WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE SAFETY OR SOUNDNESS OF ANY CROSS-CHAIN BRIDGE.

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 SERVICES. ACCORDINGLY, YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE SERVICES TO INTERACT WITH THE BLOCKCHAIN.

18.2 No Warranties

EACH OF OUR SERVICES 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 AGREE THAT YOUR USE OF EACH OF OUR SERVICES IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO ANY OF OUR SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR SECURE; THAT THE INFORMATION CONTAINED IN ANY OF OUR SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR THAT ANY OF OUR SERVICES 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 SERVICES. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING ANY OF OUR SERVICES.

SIMILARLY, THE SERVICES ARE PROVIDED "AS IS", AT YOUR OWN RISK, AND WITHOUT WARRANTIES OF ANY KIND. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING ANY OF OUR SERVICES. 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.

18.3 No Investment Advice

WE MAY PROVIDE INFORMATION ABOUT TOKENS IN OUR SERVICES SOURCED FROM THIRD-PARTY DATA PARTNERS THROUGH FEATURES SUCH AS RARITY SCORES, TOKEN EXPLORER OR TOKEN LISTS. WE MAY ALSO PROVIDE WARNING LABELS FOR CERTAIN TOKENS. 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 THE INFORMATION PROVIDED. ALL SUCH INFORMATION PROVIDED BY ANY OF OUR SERVICES 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 SERVICES. 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.

19. Dispute Resolution and Arbitration

This section requires careful reading as it stipulates you and Adesic to resolve certain disputes and claims through arbitration, restricting the methods through which you can seek relief from us, unless you opt out of arbitration as directed below. Furthermore, arbitration means you are waiving your right to sue in court or have a jury trial.

Both you and Adesic agree that any disagreement that arises from or is related to this Agreement is unique to both parties and will be resolved solely through individual action, and not as a class arbitration, class action, or any other type of representative proceeding.

Unless it involves small claims where you or Adesic seek to bring an individual action in a small claims court located in your county of residence, or disputes where either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Adesic are forfeiting your rights to a jury trial and to have any dispute arising from or related to this Agreement resolved in court.

For any dispute or claim against Adesic or in relation to the Services, you agree to contact Adesic first and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to Adesic by email at support@adesic.com. The Notice must include your name, residence address, email address, and telephone number, describe the nature and basis of the claim, and specify the specific relief sought. Our notice to you will be similar in form to that described above. If you and Adesic cannot reach an agreement within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS, or under limited circumstances, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator in Miami, Florida, in accordance with the JAMS Comprehensive Arbitration Rules & Procedures (“JAMS Rules”). By agreeing to this clause, you either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

You and Adesic agree that the enforceability of this Section 19 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. Subject to the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions, including any dispute and any remedy that would otherwise be available in court. The arbitrator may only conduct individual arbitration and may not consolidate more than one individual’s claims, preside over any class or representative proceeding, or preside over any proceeding involving more than one individual.

The arbitrator, Adesic, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including all information gathered, prepared, and presented for purposes of the arbitration or related to the disputes. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary.

You and Adesic agree that any claim arising out of or related to this Agreement must be filed within one year after such claim arose; otherwise, the claim is permanently barred. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 19 by emailing us at support@adesic.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you agree to resolve disputes in accordance with Section 20.

If any portion of this Section 19 is found to be unenforceable or unlawful for any reason, such unenforceable or unlawful provision will be severed from this Agreement. The severance of the unenforceable or unlawful provision will have no impact on the remainder of this Section 19 or the ability of the parties to compel arbitration of any remaining claims on an individual basis under this Section 19. If any claims must proceed on a class, collective, consolidated, or representative basis, they must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that the litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. If any part of this Section 19 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought outside of arbitration, and the remainder of this Section 19 will be enforceable.

In the spirit of resolution, we will make our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you are required to contact us by sending an email to support@adesic.com so we can attempt to resolve it without resorting to formal dispute resolution. If an informal resolution isn't achieved within sixty days of your email, then both you and we agree to resolve the potential dispute according to the process set forth above.

Any claim or controversy related to any of our Services, this Agreement, or any other acts or omissions for which you may contend Adesic is liable, including any claim or controversy as to arbitrability ("Dispute"), shall be exclusively settled by arbitration under the JAMS Optional Expedited Arbitration Procedures. The arbitration will be held on a confidential basis before a single arbitrator, selected in accordance with JAMS rules. The arbitration will take place in Miami, Florida, unless both parties agree otherwise. The arbitrator may not consolidate your claims with those of any other party unless mutually agreed. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If for any reason a claim proceeds in court rather than arbitration, you agree to waive any right to a jury trial. Such a claim may only be brought in a Federal District Court, or a Florida state court located in Miami-Dade County, Florida.

You and Adesic agree that for any arbitration initiated by you, you will pay all JAMS fees and costs. For any arbitration initiated by Adesic, Adesic will pay all JAMS fees and costs.

19.1 Authority of the Arbitrator

The arbitrator shall determine the arbitrator's jurisdiction and the rights and liabilities, if any, of you and Adesic. The dispute shall not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions that dispose of all or part of any claim or dispute. The arbitrator will have the power to award monetary damages and to grant any non-monetary remedy or relief available to an individual under the law, the arbitration forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision detailing the key findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator holds the same authority to award relief on an individual basis as a judge in a court of law. The arbitrator's award is final and binding upon you and Adesic. Any decision or award may be enforced as a final judgment by any court of competent jurisdiction, or if applicable, an application may be made to such court for judicial acceptance of any award and an enforcement order.

19.2 Waiver of Jury Trial

YOU AND ADESIC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO THE COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Adesic are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more streamlined, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Adesic over whether to vacate or enforce an arbitration award, YOU AND ADESIC WAIVE ALL RIGHTS TO A JURY TRIAL, and choose instead to have the dispute resolved by a judge.

19.3 Waiver of Class or Consolidated Actions

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision in the Agreement, the Arbitration Agreement, or JAMS rules, disputes regarding the interpretation, applicability, or enforceability of this class or consolidated actions waiver can only be determined by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we have a right to arbitration; instead, all claims and disputes will be resolved in a court as set forth in this section.

19.4 Right to Waive

Any rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such a waiver will not waive or affect any other portion of this Arbitration Agreement.

19.5 Opt-Out

You have the option to opt out of this Arbitration Agreement. If you choose to do so, neither you nor ADESIC can compel the other to arbitrate. To opt out, you must notify ADESIC in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your ADESIC username, and the email address you used to set up your ADESIC account, and a clear statement that you wish to opt out of this Arbitration Agreement. You must send the opt-out notice to support@adesic.com.

19.6 Small Claims Court

Notwithstanding the foregoing, either you or Adesic may bring an individual action in small claims court.

19.7 Arbitration Agreement Survival

This Arbitration Agreement will survive the termination of your relationship with Adesic.

19.8 Arbitration Agreement Severability

If all or any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then you and Adesic agree that the provision will be severed, and the rest of the agreement will remain in effect and be interpreted as if the severed provision had not been included. The sole exception is that if the Class Action Waiver is found invalid, unenforceable, or illegal, you and Adesic. Agree that it will not be severable, and this entire Arbitration Agreement will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of law clauses specified in these Terms.

20. Governing Law, Dispute Resolution and Class Action Waivers

20.1 Governing Law and Jurisdiction

You agree that the laws of the State of Florida, without regard to principles of conflict of laws, govern this Agreement and any dispute ("Dispute") between you and us. You further agree that each of our Services shall be deemed to be based solely in the State of Florida, and that although a Service 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 Florida.

The interpretation, enforcement of this Agreement, and any dispute related to this Agreement or our Services, will be governed by and construed and enforced in accordance with the laws of Florida, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. You agree that we may initiate proceedings related to the enforcement or validity of our intellectual property rights in any court having jurisdiction.

The parties acknowledge that this Agreement evidence interstate commerce. Any arbitration conducted pursuant to this Agreement shall be governed by the Federal Arbitration Act. You agree that the federal and state courts of Miami-Dade County, Florida 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. You further agree that these courts will have personal jurisdiction over and are the proper venue for any court proceedings.

You and we agree that, except as specified in the Batch Arbitration Provision set forth above, each of us may bring claims against the other only on an individual basis and not on a class, representative, or collective basis or as part of a mass action (such as a mass arbitration), and the parties hereby waive all rights to bring or to participate in such actions in arbitration or in court to the maximum extent permitted by applicable law. This provision does not prevent you or Adesic from participating in a class-wide settlement of claims. YOU AND WE AGREE TO WAIVE OUR RIGHTS TO A JURY TRIAL. To the extent that any Dispute proceeds in court, and to the maximum extent permitted by applicable law, you and we agree to waive any right to a jury trial and have such matter resolved by a judge (also known as a bench trial).

20.3 Class Action and Jury Trial Waiver

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. You and we both agree to waive the right to demand a trial by jury to the extent permitted by applicable law.

20.4 State-Specific Variations

Certain provisions of this Agreement may vary or be superseded by state law in jurisdictions where Adesic operates. For example, California users may have additional rights under the California Consumer Privacy Act (see our Privacy Policy). See our State-Specific Addendum (https://adesic.com/legal/licenses) for details on variations by state. If any provision conflicts with applicable state law, the state law shall prevail to the extent required.

21. Market Data

Market Data is provided to you on an "as is" and "as available" basis and should not be construed as any form of advice or recommendation. Adesic does not endorse, approve, or provide any viewpoint or opinion on any Market Data. Neither Adesic nor any Third-Party Provider guarantees or warrants the accuracy, timeliness, completeness or correctness of any Market Data, or any results or interpretations from any use or reliance upon Market Data for any purpose. Your use of any Market Data is solely at your own risk and past performance is not an indicator of future results.

Your use of Market Data must be directly related to the Services or your account. You are not permitted to copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute any part of the Services (including Market Data) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without Adesic's express prior written consent.

22. Payment Obligations

22.1 Payment Terms

Our Services include both fee-based services ("Paid Services") and complimentary services ("Free Services"). We offer certain Paid Services either on a monthly or annual recurring basis ("Subscription Services"), or on a pay-per-use basis ("Add-On Services"). By subscribing to our Subscription Services, you agree to pay the associated fees and any applicable taxes, with these charges recurring as detailed in the relevant order form(s) ("Subscription Fee"). By using an Add-On Service, you agree to pay the fees outlined in the applicable order form, along with any incurred taxes at the time of use ("Add-On Fees", collectively referred to as "Fees").

Unless stated otherwise, Fees are charged at the time of purchasing the Paid Services. Subscription Fees are billed on the monthly or annual anniversary of your purchase and will continue until the Subscription Services are terminated in accordance with this Agreement.

By availing Paid Services, you authorize us to charge your designated payment method. By providing a valid payment method, you confirm that you are authorized to use it and give us, or our third-party payment processor, permission to charge your payment method for the total cost of your purchase, including any applicable taxes and other charges. If your payment method is invalid, unverifiable, or unacceptable for any reason, your Paid Service may be downgraded, suspended, or canceled. You must resolve any payment issues to continue using the Service. This payment obligation will survive the termination or cancellation of this Agreement for any reason. Unless otherwise specified, all Fees and other charges are quoted in U.S. Dollars ($) and all payments must be made in U.S. Dollars ($).

We reserve the right to change the prices of the Services periodically. We will aim to notify you of any such price changes in advance of the next billing cycle. If you accept a promotional offer or make changes to your Paid Services, the Fees, taxes, and total bill may vary. Additionally, billing amounts may fluctuate due to changes in applicable taxes or exchange rates.

22.2 Taxes

All Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for instance, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes related to your purchases, excluding those taxes based on our net income. If any payment for the Services is subject to withholding tax by any government, you will reimburse us for such withholding tax.

22.3 Modifying Services Based on Your Selection

You may choose to purchase additional Paid Services or upgrade your Free Service to a Paid Subscription Service at any time. If you opt for a monthly Paid Subscription Service, the invoice will show prorated Fees for a monthly subscription, and subsequent invoices will be issued on the same date each calendar month that you upgraded your account. If you subscribe to an annual Paid Subscription Service, the invoice will display the Fees for a full annual subscription.

You may also downgrade from a Paid Subscription Service to a lower tier Paid Subscription Service or a Free Service anytime via your account settings. Upon downgrading any Paid Subscription Services, you remain liable for any unpaid Fees under the former Paid Subscription Service. The Services under the original Paid Subscription will be considered fully performed and delivered upon the expiration of the subscription term.

If you cancel a Paid Subscription Service, you'll maintain access to the Service until the end of your current billing period, but you won't be eligible for a refund or credit for any Fees already due or paid. We reserve the right to modify our Fees, provided we give you thirty (30) days' advance notice. Your continued use of the Paid Subscription Services following the notice of a change to our Fees will be taken as your acceptance of these changes.

22.4 Downgrade for Non-Payment

If any Fees due to us from you are overdue by thirty (30) days or more, we may, without limiting our other rights and remedies, downgrade any Paid Subscription Services to Free Services until full payment is received. This is contingent on us providing you with a notice stating that your account is overdue. You understand and agree that such a downgrade will lead to a reduction in certain features and functionality, as demonstrated by the comparison of plans on our Products page. Refund Policy

23. Miscellaneous

23.1 Entire Agreement

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

23.2 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 such consent will be null and void. Adesic 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.

23.3 Rewards

In connection with your past or current use of one or more of our Services, Adesic may provide you with 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 Service or official Adesic 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 Adesic— 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 Service. 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.

23.4 Not Registered with the SEC or Any Other Agency

Adesic is 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 Services. Any references in a Service to "best price" do not constitute a representation of a warranty about pricing available through such Service, or elsewhere.

23.5 Notice

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

23.6 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.

23.7 Waiver

No waiver by Adesic of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Adesic to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

24. Contact Information

Questions about the Terms of Service should be sent to us at support@adesic.com.

25. Account Setup

25.1 Eligibility

To be eligible to use the Adesic Services, you must be at least 18 years old, and reside in the United States. There are certain features which may or may not be available to you depending on your location and other criteria.

25.2 Registration of Adesic Account

You must register for an Adesic account to use the Adesic Services (an "Adesic Account" or “your account”). You will need to complete certain verification procedures before you are permitted to use the Adesic Services. By registering or using an Adesic Account you agree and represent that you have created your Adesic Account and you will use your Adesic Account only for yourself, and not on behalf of any third party, unless you have obtained prior written approval from Adesic. You are fully responsible for all activity that occurs under your Adesic Account. We may, in our sole discretion, refuse to open an Adesic Account, suspend or terminate any Adesic Account, suspend or terminate the sending of Digital Assets from your account, or suspend or terminate the trading of Digital Assets in your account. Please see Section 8 above for more information.

25.3 Consent to Access, Processing and Storage of Your Personal Data & Identity Verification

During registration for your Adesic Account, or at any other time deemed necessary by Adesic, you agree to provide us with the information we request for the purposes of identity verification, providing Adesic Services to you, and the detection of money laundering, terrorist financing, fraud, or any other financial crimes and permit us to keep a record of such information. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and in some cases (where permitted by law), special categories of personal data, such as your biometric information. You consent to us accessing, processing and retaining any personal information you provide to us for the purpose of us providing Adesic Services to you. This consent is not related to, and does not affect, any rights or obligations we or you have in accordance with data protection laws, privacy laws and regulations. You can withdraw your consent at any time by closing your account with us. However, we may retain and continue to process your personal information if we reasonably believe it is necessary in order to comply with laws or regulations. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. Further, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Adesic or its service provider for as long as you have an Adesic Account, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy and Cookie Policy for more information on how we process your personal data and the rights you have in respect of this.

25.4 Access

The Adesic Services can be accessed directly using the Adesic Site. Access to Adesic Services may become degraded or unavailable during times of significant volatility or volume. This could result in significant support response time delays. Although we strive to provide you with excellent service, we do not represent that the Adesic Site or other Adesic Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open. Adesic shall not be liable for any losses resulting from or arising out of delays in processing transactions, inability to execute transactions, or lack of timely response from Adesic customer support. For example, if you are locked out of your Adesic Account, it is possible that the value or price of the Digital Assets in your account might go down before your access is restored. Adesic shall not be liable for any alleged losses that you suffer from a drop in Digital Asset values or prices.

26. Payment Services, Purchase & Sale Transactions, and Credit Transactions

26.1 USD Funds

You can load funds into your Wallet from a valid bank account via ACH transfer or wire transfer. Your USD balance is in a pending state and will not be credited to your Wallet until after the bank transfer has cleared, usually within five (5) business days. We may debit your linked bank account as soon as you initiate payment. The name on your linked bank account and your wire transfer must match the name verified on your Adesic Account.

26.2 Transactions on the Adesic Site

When you buy or sell Supported Digital Assets on the Adesic Site (which, for clarity, does not include transactions with Third Party Services (as defined below)), you are not buying Supported Digital Assets from Adesic or selling Supported Digital Assets to Adesic. Adesic acts as the agent, transacting on your behalf, to facilitate that purchase or sale between you and other Adesic customers. You can purchase Supported Digital Assets on the Adesic Site using: (i) funds in your Wallet; (ii) Supported Digital Assets held in certain Digital Asset Wallets, as permitted by Adesic; (iii) a valid bank account in the name that matches the name on your Adesic Account; (iv) a debit or credit card that matches the name on your Adesic Account; (v) Google Pay; (vi) Apple Pay; (vii) PayPal; or (viii) an Adesic gift card (each a "Valid Payment Method"). Your purchase must follow the relevant instructions on the Adesic Site. Adesic reserves the right to cancel any transaction not confirmed by you within five (5) seconds after Adesic quotes a transaction price. A purchase of Supported Digital Assets using a Valid Payment Method generally will initiate on the business day we receive your instructions. Purchased Supported Digital Assets will usually be deposited in your Digital Asset Wallet instantly and can be exchanged for other Digital Assets. You will be able to sell or send Purchased Digital Assets as soon as funds have settled to Adesic, which in the case of a bank account or credit or debit card usually takes up to five (5) business days. You can sell Supported Digital Assets and instruct Adesic to deposit funds into your Adesic Wallet or, where supported, a Digital Asset Wallet. Supported Digital Asset purchases and sales on the Adesic Site are collectively referred to herein as “Digital Asset Transactions”. If Adesic cannot complete your Digital Asset Transaction for any reason (such as price movement, market latency, inability to find a counterparty for your transaction, or order size), Adesic will reject the order and notify you of such rejection. You will not be charged for a rejected transaction.

26.3 Fees

In general, Adesic makes money when you purchase or sell Supported Digital Assets on the Adesic Site. A description of the way fees are calculated can be found on our Pricing and Fees Disclosures page. By using Adesic Services you agree to pay all fees and, if applicable based on the service, a spread. While Adesic reserves the right to adjust its pricing and fees and any applicable waivers at any time, we may provide at least 30 days’ prior notice of certain changes to our pricing schedule, or terms, conditions and policies to users in some states where required by applicable law. We will also notify you of the final price of each transaction, inclusive of pricing and fees, when you authorize the transaction and in each receipt we issue to you. We may charge network fees (miner fees) to process a Digital Asset Transaction on your behalf. We will calculate the network fee at our discretion, and notify you of the network fee at or before the time you authorize the Digital Asset Transaction. Bank fees charged to Adesic are netted out of transfers to or from Adesic. You are responsible for paying any additional fees charged by your financial service provider. We will not process a transfer if associated bank fees exceed the value of the transfer. You may be required to deposit additional USD to cover bank fees if you desire to complete such a transfer.

26.4 Revocation

When you give us instructions to purchase Supported Digital Assets, you cannot withdraw your consent to that purchase unless the purchase is not scheduled to occur until a future date e.g. you set up a recurring purchase of Supported Digital Assets (a "Future Transaction"). In the case of a Future Transaction, you may withdraw your consent up until the end of the business day before the date that the Future Transaction is scheduled to take place. To withdraw your consent to a Future Transaction, you must follow the instructions on the Adesic Site.

26.5 Unauthorized and Incorrect Transactions

When a Digital Asset Transaction or USD transaction occurs using your credentials, we will assume that you authorized such transaction, unless you notify us otherwise. If you believe you did not authorize a particular transaction or that a transaction was incorrectly carried out, you must contact us as soon as possible via our help page at https://adesic.com/contact. It is important that you regularly check your Wallet, Digital Asset Wallet, and any other wallets accessible through the Adesic Site and your transaction history to ensure you notify us as soon as possible of any unauthorized or incorrect transactions. Reporting an unauthorized transaction does not guarantee Adesic will be able to reverse the transaction or reimburse you for the transaction.

26.6 Reversals & Cancellations

You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful, if your payment method has insufficient funds, or if you reverse a payment made from funds in your bank account, you authorize Adesic, in its sole discretion, either to cancel the transaction or to debit your other payment methods, including your Wallet or Digital Asset Wallet balances or other linked accounts, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, non-sufficient funds (NSF), or similar fees charged by your payment provider. We reserve the right to refuse to process, or to cancel, correct, clawback, or reverse, any Digital Asset Transaction or Transfers in our sole discretion, even after funds have been debited from your account(s), in response to a subpoena, court order, or other government order; or if we suspect the transaction may: involve money laundering, terrorist financing, fraud, or any other type of financial crime; be erroneous; or relate to a Prohibited Use or a Prohibited Business as set forth in the Prohibited Use Policy. In such instances, Adesic will reverse the transaction and we are under no obligation to reinstate a purchase or sale order at the same price or on the same terms as the canceled transaction.

26.7 Payment Services Partners

Adesic may use a third party payment processor to process any US Dollar payment between you and Adesic, including but not limited to payments in relation to your use of the Digital Asset Transactions or deposits or withdrawals from your Wallet or Adesic Account.

27. Digital Asset Transfers

27.1 In General

Your Digital Asset Wallet enables you to send Supported Digital Assets to, and request, receive, and store Supported Digital Assets from, third parties by giving instructions through the Adesic Site. Your transfer of Supported Digital Assets between your other Digital Asset wallets (including wallets off the Adesic Site) and to and from third parties is a “Digital Asset Transfer”. We recommend customers send a small amount of Supported Digital Assets as a test before sending a significant amount of Supported Digital Assets.

27.2 Pending Transactions

Once a Digital Asset Transfer is submitted to a Digital Asset network, the transaction will be unconfirmed and remain in a pending state for a period of time sufficient to allow confirmation of the transaction by the Digital Asset network. A Digital Asset Transfer is not complete while it is in a pending state. Pending Digital Asset Transfers that are initiated from an Adesic Account will reflect a pending transaction status and are not available to you for use on the Adesic Site or otherwise while the transaction is pending.

27.3 Inbound Digital Asset Transfers

When you or a third party sends Digital Assets to an Adesic Wallet from an external wallet not hosted on Adesic (“Inbound Transfers”), the person initiating the transaction is solely responsible for executing the transaction properly, which includes ensuring that the Digital Asset being sent is a Supported Digital Asset that conforms to the particular wallet address to which funds are directed, including any required Destination Tag/Memo. By initiating an Inbound Transfer, you attest that you are transacting in a Supported Digital Asset that conforms to the particular wallet address to which funds are directed. For example:
If you select an Ethereum wallet address to receive funds, you attest that you are initiating an Inbound Transfer of Ethereum alone, and not any other Digital Asset such as Bitcoin or Ethereum Classic.
If you select a Bitcoin wallet address to receive funds, you attest that you are initiating an Inbound Transfer of Bitcoin alone, and not any other Digital Asset such as Bitcoin Cash or Ethereum.
Adesic incurs no obligation whatsoever with regard to unsupported Digital Assets sent to an Adesic Account or with regard to Supported Digital Assets sent to an incompatible Digital Asset wallet address. If you send unsupported Digital Assets to an Adesic Account or Supported Digital Assets to an incompatible Digital Asset wallet address, then you will lose those Digital Assets. For some lost Digital Assets, Adesic may in its sole discretion offer you the option to attempt a recovery. We may charge fees to process the recovery attempt on your behalf. We will calculate all fees at our discretion, and notify you of the applicable fees at or before the time you authorize the recovery attempt. For more information, see our Pricing and Fees Disclosures Page. The actual amount recovered may differ from the estimated recovery amount. Adesic does not evaluate the authenticity, safety, or security of unsupported Digital Assets. You acknowledge and agree that Adesic is not liable for any loss incurred during the recovery attempt or subsequent use of the recovered Digital Asset.
Adesic may from time to time determine types of Digital Assets that will be supported or cease to be supported. You acknowledge and agree that you may be required to pay network or miner’s fees in order for an Inbound Transfer transaction to be successful. Insufficient network fees may cause an Inbound Transfer to remain in a pending state on a decentralized network outside of Adesic’s control, and we are not responsible for delays or loss incurred as a result of an error in the initiation of the transaction and cannot reverse such transactions.

27.4 Outbound Digital Asset Transfers

When you send Supported Digital Assets from your Adesic Account to an external wallet (“Outbound Transfers”), such transfers are executed at your instruction by Adesic. You should verify all transaction information prior to submitting instructions to us. Adesic shall bear no liability or responsibility in the event you enter an incorrect blockchain destination address, incorrect Destination Tag/Memo, or if you send your Supported Digital Assets to an incompatible wallet. We do not guarantee the identity or value received by a recipient of an Outbound Transfer. Digital Asset Transfers cannot be reversed once they have been broadcast to the relevant Digital Asset network, although they may be in a pending state, and designated accordingly, while the transaction is processed by network operators. Adesic does not control the Digital Asset network and makes no guarantees that a Digital Asset Transfer will be confirmed by the network. We may cancel or refuse to process any pending Outbound Digital Asset Transfers as required by law or any court or other authority to which Adesic is subject in any jurisdiction. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further Adesic Services and/or before permitting you to engage in transactions beyond certain volume limits.

27.5 Blocked Addresses & Forfeited Assets

Adesic reserves the right to “block” certain Digital Asset addresses and, if such addresses are Adesic-custodied addresses, freeze associated Digital Assets (temporarily or permanently) that it determines, in its sole discretion, are associated with illegal activity or activity that otherwise violates the terms of this Agreement (“Blocked Addresses”). In the event that you send Digital Assets to a Blocked Address, or receive Digital Assets from a Blocked Address, Adesic may freeze such Digital Assets and take steps to terminate your Adesic account. In certain circumstances, Adesic may deem it necessary to report such suspected illegal activity to applicable law enforcement agencies and you may forfeit any rights associated with your Supported Digital Assets. Adesic may also be forced to freeze and potentially surrender Supported Digital Assets in the event it receives a legal order from a valid government authority requiring it to do so.

28. General Obligations

28.1. Limited License

All content included in or made available through the Adesic Services, Adesic Site or any related content, materials and information such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (collectively, the “Content”) is the property of Adesic or its affiliates or its content providers and protected by United States and international copyright laws. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the Adesic Services, Adesic Site, and Content solely for purposes approved by Adesic from time to time. Any other use of the Adesic Services, Adesic Site or Content is expressly prohibited and all other right, title, and interest in the Adesic Services, Adesic Site or Content is exclusively the property of Adesic and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part without the prior written consent of Adesic. "Adesic.com", and the following non-exhaustive list, including ADESIC, ADESIC Logo, and without limitation, any graphics, logos, button icons, and service names included in or made available through any Content, and all logos related to the Adesic Services or displayed on the Adesic Site are either trademarks or trade dress of Adesic or its licensors in the United States and other countries. You may not copy, imitate or use them without Adesic's prior written consent for any purpose, including without limitation, in: connection with any product or service that is not authorized by Adesic; any manner that is likely to cause confusion among customers; or a way that disparages or discredits Adesic.

28.2. Website Accuracy

Although we intend to provide accurate and timely information on the Adesic Site, the Adesic Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort 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 without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Adesic Site are your sole responsibility and we shall have no liability for such decisions. Information provided by third parties, including historical price and supply data for Digital Assets, is for informational purposes only and Adesic makes no representations or warranties to its accuracy. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Adesic Site.

28.3. Third-Party Applications

If, to the extent permitted by Adesic from time to time, you grant express permission to a third party to access or connect to your Adesic Account(s), either through the third party's product or service or through the Adesic Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your Adesic Account(s). Further, you acknowledge and agree that you will not hold Adesic responsible for, and will indemnify Adesic from, any liability arising out of or related to any act or omission of any third party with access to your Adesic Account(s). You may change or remove permissions granted by you to third parties with respect to your Adesic Account(s) at any time through the tabs on the Account Settings page on the Adesic Site.

28.4. Your Content

Some Adesic Services let you share your own content (for example text, images, video, graphics, audio or other materials, “Your Content”). Before sharing Your Content through the Services, you promise and attest that you own and control all of the intellectual property rights to Your Content (or that you have the necessary license rights to the content) and that Your Content is lawful. We reserve the right to remove Your Content at our discretion, without notice and without liability. You agree that all of Your Content posted on our Services must comply with all policies applicable to your use of Adesic Services, features or products, including our Content Policy. If Your Content violates our policies, we may remove it without notice. When you share Your Content on our Services, you may be asked to make disclosures, or label or categorize Your Content; failing to do so accurately may result in Your Content being removed. We also reserve the right to label or categorize Your Content and allow other users to label or categorize Your Content. How Your Content is labeled or categorized may affect how it is displayed by our Services.

28.4.1. License to use Your Content

When you share Your Content through the Services, you retain your intellectual property rights in Your Content and you provide us with the following license to use Your Content: by using our Services you grant us a worldwide, non-exclusive, royalty-free, sublicensable, perpetual, and transferable license to host, publish, display, perform, reproduce, copy, distribute, communicate, modify, reformat, translate, or otherwise use Your Content (including your text, images, video, graphics, audio, files, communications, and any other content you provide) to operate, improve, develop, and promote our Services. If you see content on Adesic that you believe violates your intellectual property rights, you agree to submit a notice of claimed intellectual property infringement using the procedures described on our Content Removals page. We comply with the Digital Millennium Copyright Act ("DMCA") and we will respond to a properly submitted notification of claimed copyright infringement in accordance with our DMCA procedures. Note that repeat infringers may have their Adesic Account disabled.

28.5. Transaction Limits

The use of all Adesic Services may be subject to a limit on the amount of volume, stated in U.S. Dollar terms, you may transact or transfer in a given period (e.g., daily). To view your limits, login to your Adesic Account(s) and visit https://www.adesic.com/home/settings. Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. If you wish to raise your limits beyond the posted amounts, you may submit a request at https://adesic.com/contact. Adesic reserves the right to change applicable limits, and to refuse to raise your limits, as we deem necessary in our sole discretion. Adesic reserves the right to change the deposit, withdrawal, storage, transfer, and velocity limits on your Adesic account as we deem necessary. We may establish individual or aggregate transaction limits on the size or number of deposits, withdrawals, transfers or other transactions that you initiate using your Adesic account during any specified time period.

28.6. Export Controls and Sanctions

Your use of the Adesic Services and the Site is subject to applicable law including but not limited to export restrictions, end-user restrictions, antiterrorism laws, and economic sanctions. By sending, receiving, buying, selling, trading, or storing Digital Assets through the Site or Adesic Services, you agree that you will comply with all applicable laws. You are not permitted to acquire Digital Assets or use any of the Adesic Services through the Site if doing so would violate applicable laws and regulations, including but not limited to those of the United Nations Security Council, the United States (including prohibiting dealings with sanctioned persons identified by the U.S. Department of the Treasury’s Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons (“SDN”), or other U.S. non-SDN restricted or prohibited parties lists, and those prohibiting dealings with persons organized, resident, or located in comprehensively sanctioned jurisdictions), and/or any other applicable federal, state, municipal or local laws and regulations (each as amended from time to time).

28.7. Consent to Receive Text Messages

By opting in to receive text messages from Adesic, you verify that the mobile number provided to Adesic is true and accurate and that you are the current subscriber or owner of any telephone number that you provide. By voluntarily providing your telephone number(s) and opting in to receiving text messages from Adesic, you expressly agree to receive recurring automated text messages (such as SMS, MMS, or successor protocols or technologies) from Adesic and understand that consent is not required to make any purchase. Message and data rates may apply and the frequency of messages varies. Your consent to receive automated texts is completely voluntary. You may opt-out at any time by replying STOP or receive support by replying HELP to any mobile message from us. Adesic, carriers and other service providers which support Adesic in delivering text messages are not responsible for any delayed or undelivered text messages. You acknowledge and agree to accept a final text message confirming your opt-out. We may use different numbers for different messaging purposes, so texting STOP to one number will not effectuate a stop request for all text messaging programs to which you are subscribed. If you would like to stop messages from multiple numbers, text STOP to each number to which you would like to unsubscribe. You agree to indemnify, defend, and hold harmless Adesic for any claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you. You can contact us via our help page at https://adesic.com/contact. Opt-in consent for text messages is not shared with any third party, except telecommunication technology providers (e.g. aggregators and providers of text message services) as defined in our Privacy Policy.

28.8. Representations

You agree that your Company is not a resident in nor organized under the laws of any country with which transactions or dealings are prohibited by governmental sanctions imposed by the U.S., the United Nations, the European Union, the United Kingdom, or any other applicable jurisdiction (collectively, “Sanctions Regimes”), nor is it owned or controlled by a person, entity or government prohibited under an applicable Sanctions Regime. You further agree that your company shall remain in full compliance with all applicable laws, rules, and regulations in each jurisdiction in which your company operates or otherwise uses the Services, including U.S. securities laws and regulations, as well as any applicable state and federal laws, including with applicable AML, anti-terrorist, anti-bribery/corruption, and Sanctions Regime laws and regulations, including, but not limited to, the Bank Secrecy Act, as amended by the USA PATRIOT Act (collectively, “AML and Sanctions Laws and Regulations”), and that your Company shall remain in good standing with all relevant government agencies, departments, regulatory, and supervisory bodies in all relevant jurisdictions in which your company does business, and you will immediately notify Adesic if you cease to be in good standing with any regulatory authority. You further agree that your Company has implemented ongoing customer sanctions screening against applicable Sanctions Regimes lists and that your Company will not instruct or otherwise cause Adesic to hold any assets or engage in any transaction that would cause Adesic to violate applicable AML and Sanctions Laws and Regulations. You further agree to provide Adesic with information upon request required by Adesic to satisfy its AML and Sanctions Regime obligations and that by executing this Agreement, your Company provides written consent to allow Adesic to request and obtain any and all beneficial owner information regarding your Company that is maintained on any national beneficial ownership registry, including, but not limited to, the Beneficial Ownership Information Registry maintained by the U.S. Financial Crimes Enforcement Network (“FinCEN”), in order to assist the Adesic Entities in complying with their anti-money laundering and customer due diligence obligations, with the understanding that the Adesic Entities will only use such information for those purposes and will maintain the information pursuant to the confidentiality provisions of this Agreement. Finally, your Company agrees that it shall use the Services for commercial, business purposes only, limited to activities disclosed in the due diligence information submitted to Adesic, and shall not include any personal, family or household purposes, and that your Company will promptly notify Adesic in writing in the event you intend to use the Services in connection with any business activities not previously disclosed to Adesic.

APPENDIX 1: Verification Procedures and Limits

As a regulated financial service company operating in the US we are required to identify users on our platform. This ensures we remain in compliance with KYC/AML laws in the jurisdictions in which we operate, something that is necessary for us to be able to continue to offer Digital Asset exchange services to our customers. Adesic collects and verifies information about you in order to: (i) protect Adesic and the community from fraudulent users; and (ii) to keep appropriate records of Adesic's customers. Your daily or weekly Conversion limits, withdrawal and trading limits, Instant Buy limits, Wallet transfer limits, and limits on transactions from a linked payment method are based on the identifying information and/or proof of identity you provide to Adesic.

Account Establishment for U.S. Customers

All U.S. customers who wish to use Adesic Services are required to establish an Adesic Account by:

• Providing your name and valid email address, a password and your state of residence;
• Certifying that you are 18 years or older;
• Accepting Terms of Service and Privacy Policy;
• Verifying your identity by submitting the following information:
  • Name
  • Date of Birth
  • Physical address
  • SSN (or ID # from gov’t issued ID)
  • Source of funds
  • Income/employment information (US only)
  • Explanation of activity (US only)

Additional Verification for Sending/Receiving Digital Assets

All U.S. customers who wish to send and receive Digital Assets on to the blockchain are required to:

• Submit a copy of an acceptable form of identification (i.e. passport, state driver's license, or state identification card); and
• Submit a picture of yourself or a selfie from your webcam or mobile phone.

Notwithstanding these minimum verification procedures for the referenced Adesic Services, Adesic may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any Adesic Services and/or before permitting you to engage in transactions beyond certain volume limits. You may determine the volume limits associated with your level of identity verification by visiting your account's Limits page.

You may contact us at https://adesic.com/contact to request larger limits. Adesic will require you to submit to Enhanced Due Diligence. Additional fees and costs may apply, and Adesic does not guarantee that we will raise your limits.

APPENDIX 2: DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER; JURY TRIAL WAIVER; FORUM SELECTION CLAUSE)

Disputes Defined. “Disputes” are defined as any dispute, claim, or disagreement arising out of or relating in any way to our relationship with you, the Services, the Adesic Site, any Communications you receive, any products or services sold or distributed through the Adesic Site, or the User Agreement. The term “Disputes” is intended to be interpreted broadly. The provisions below describe which Disputes belong in arbitration, small claims court, or a court of general jurisdiction.

Pre-Filing Formal Complaint Requirement. Before an arbitration demand or small claims action is filed, you and we agree to exhaust the Formal Complaint Process. See Section 19.1, above.

Arbitration Agreement. You and we agree to arbitrate all Disputes in binding arbitration except for the following types of Disputes:

• Disputes about whether the Dispute is arbitrable. Any Disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including Disputes about the enforceability, revocability, scope, or validity of the Dispute Resolution section or any portion of it, shall be resolved in a court of competent jurisdiction, not arbitration. This includes any dispute about whether the Batch Arbitration provision applies.
• Disputes within the jurisdiction of a small claims court. If a Dispute could be brought in a small claims court in your county or parish of residence, then it must be brought in that small claims court, not arbitration, provided it remains in that court and is not removed or appealed to a court of general jurisdiction.
• Disagreements about whether a Dispute is within small claims court jurisdiction. Such disagreements will be resolved by the small claims court in the first instance, or, if necessary, by a court of competent jurisdiction after exhausting resolution from the small claims court.
• Disputes about or related to infringement or misuse of intellectual property (“IP”) rights. Any IP Disputes (e.g., trademarks, copyrights, patents) shall be resolved outside of arbitration, in a court of competent jurisdiction. If a Dispute includes arbitrable and non-arbitrable (IP) claims, arbitrable causes proceed in arbitration and IP causes proceed outside arbitration.
• Disputes about violations of state or federal securities laws. Such Disputes shall be resolved by a court of competent jurisdiction, even if other causes of action in the Dispute are arbitrable.

Arbitration Procedure. Arbitration will be administered by the American Arbitration Association (AAA Rules) or, if necessary, by JAMS Rules and Procedures, subject to the terms of this Agreement. If both are unavailable, either party may petition a court to appoint an administrator. The Federal Arbitration Act, 9 U.S.C. § 1 et seq. and federal arbitration law govern any proceedings regarding enforcement. Statutes of limitations apply as in court. Arbitral awards have no preclusive effect in any other proceeding involving other Users. The arbitrator may award sanctions as in Federal Rule of Civil Procedure 11.

Severability. Arbitrable Disputes are to be resolved in arbitration, non-arbitrable Disputes in court. If any provision is found unenforceable, that portion is severed and the rest remains in effect. If the Batch Arbitration provision is found unenforceable as to a Dispute, the affected portion proceeds in court.

Confidentiality. All information exchanged in arbitration may only be used for that arbitration and must remain confidential, except as required by law or as needed to enforce the award.

Arbitrator Appointment. The arbitrator will be selected from the AAA or JAMS roster, following their respective strike and rank processes.

Attorneys’ Fees and Costs. Each party bears its own attorneys’ fees and costs unless the arbitrator finds the Dispute or relief sought was frivolous or improper. The prevailing party in court actions to compel arbitration or relating to pre-arbitration requirements is entitled to recover reasonable costs and fees.

Waiver of Class, Collective, Representative, Mass Actions, and Other Non-Individualized Relief. YOU AND ADESIC AGREE THAT, EXCEPT AS SPECIFIED IN THE BATCH ARBITRATION PROVISION BELOW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BROUGHT, HEARD, OR ARBITRATED ON A CLASS OR MASS ACTION BASIS. Only individual relief is available. The arbitrator may award relief only to the individual party seeking it, and only as warranted by their claim. If a court finds the class waiver invalid or unenforceable, the affected claim may proceed in court, not arbitration.

Batch Arbitration

If there are 25 or more individual arbitration demands of substantially similar nature filed by or against Adesic and others with the assistance of the same law firm, group of firms, or organization, the following applies:

• JAMS will administer the arbitrations in batches.
• A different arbitrator will be appointed for each batch unless parties agree otherwise.
• Each batch is treated as a single consolidated arbitration with one set of filing and administrative fees, one procedural calendar, and one hearing per batch as determined by the arbitrator.
• If there are more than 25 but fewer than 2,000 arbitrations, there will be 20 batches; if 2,000 or more, batches of 100.
• Batches will be as equal as possible by number of claims and amount demanded.
• All parties and counsel must cooperate in good faith to implement the Batch Arbitration process, minimize costs, and resolve Disputes efficiently.
• Arbitrations may be administered concurrently to the extent administratively feasible.
• Separate awards will be issued for each Adesic User involved in a batched proceeding.
• This provision does not authorize class, collective, or mass arbitration or joint claims, except as expressly set forth above.