+
+ These Terms of Service (the "Agreement" or the “Terms”) explain the
+ terms and conditions by which you may access and use the Products provided by
+ Risk Labs (referred to herein as "Risk Labs", "we",
+ "our", or "us"). The Products shall include, but shall not
+ necessarily be limited to, https://app.across.to, a website-hosted user
+ interface (the "Interface" or "App") and all products and
+ features available via the Interface, including the API and all other software
+ that Risk Labs or a third party has developed for cross-chain bridging,
+ cross-chain onboarding, cross-chain intents, and cross-chain settlement on the
+ Interface. You must read this Agreement carefully as it governs your use of the
+ Products. By accessing or using any of the Products, you signify that you have
+ read, understand, and agree to be bound by this Agreement in its entirety. If
+ you do not agree, you are not authorized to access or use any of our Products
+ and should not use our Products.
+
+
+ To access or use any of our Products, you must be able to form a legally binding
+ contract with us. Accordingly, you represent that you are at least the age of
+ majority in your jurisdiction (e.g., 18 years old in the United States) and have
+ the full right, power, and authority to enter into and comply with the terms and
+ conditions of this Agreement on behalf of yourself and any company or legal
+ entity for which you may access or use the Interface. If you are entering into
+ this Agreement on behalf of an entity, you represent to us that you have the
+ legal authority to bind such entity.
+
+
+ You further represent that you are not (a) the subject of economic or trade
+ sanctions administered or enforced by any governmental authority or otherwise
+ designated on any list of prohibited or restricted parties (including but not
+ limited to the list maintained by the Office of Foreign Assets Control of the
+ U.S. Department of the Treasury) (collectively, a “Sanctioned Person”) or (b) a
+ resident, citizen or agent of, or organized in, and do not have a registered
+ office in, a jurisdiction or territory that is the subject of comprehensive
+ country-wide, territory-wide, or regional economic sanctions by the United
+ States (collectively, “Restricted Territories”). You further represent that you
+ do not intend to transact with any Sanctioned Person or any person present in a
+ Restricted Territory. Finally, you represent that your access and use of any of
+ our Products will fully comply with all applicable laws and regulations, and
+ that you will not access or use any of our Products to conduct, promote, or
+ otherwise facilitate any illegal activity. If use of our Products are not
+ permitted in your jurisdiction, you may not attempt to use any of our Products.
+ Use of a Virtual Private Network (“VPN”) or any other privacy or anonymization
+ tools or techniques to circumvent, or attempt to circumvent, to circumvent any
+ such jurisdictional restrictions is prohibited.
+
+
+ NOTICE: This Agreement contains important information, including a binding
+ arbitration provision and a class action waiver, both of which impact your
+ rights as to how disputes are resolved. Our Products are only available to you —
+ and you should only access any of our Products — if you agree completely with
+ these terms.
+
+ 1. Our Products
+ 1.1 The Interface
+
+ The Interface provides a web or mobile-based means of access to a decentralized
+ protocol on various public blockchains, including but not limited to Ethereum,
+ that allows users to trade certain compatible digital assets (the "Across
+ protocol" or the "Protocol") between various public blockchains.
+
+
+ The Interface is distinct from the Protocol and is one, but not the exclusive,
+ means of accessing the Protocol. The Protocol itself has three versions,
+ designated as v1, v2, and v3, each of which comprises open-source or
+ source-available self-executing smart contracts that are deployed on various
+ public blockchains, such as Ethereum. Risk Labs does not control or operate any
+ version of the Protocol on any blockchain network. By using the Interface, you
+ understand that you are not buying or selling digital assets from us and that we
+ do not operate any liquidity pools on the Protocol or control trade execution on
+ the Protocol. When users pay fees for trades, those fees accrue to liquidity
+ providers and relayers for the Protocol. As a general matter, liquidity
+ providers and relayers are independent third parties. The Protocol was initially
+ deployed on the Ethereum blockchain and other blockchains compatible with the
+ Ethereum Virtual machine that are designed to ensure the Ethereum blockchain can
+ effectively process more transactions or other blockchains that are frequently
+ referred to as "Layer 2" solutions.
+
+
+ To access the Interface, you must use a non-custodial wallet software, which
+ allows you to interact with public blockchains. Your relationship with that
+ non-custodial wallet provider is governed by the applicable terms of service of
+ that wallet provider. We do not have custody or control over the contents of
+ your wallet and have no ability to retrieve or transfer its contents. By
+ connecting your wallet to our Interface, you agree to be bound by this Agreement
+ and all of the terms incorporated herein by reference.
+
+ 1.2 Other Products
+
+ We may from time to time in the future offer additional products, and such
+ additional products shall be considered a Product as used herein, regardless of
+ whether such product is specifically defined in this Agreement.
+
+ 1.3 Third Party Services and Content
+
+ When you use any of our Products, you may also be using the products, services
+ or content of one or more third parties. Your use of such third party products,
+ services or content may be subject to separate policies, terms of use and fees
+ of these third parties, and you agree to abide by and be responsible for such
+ policies, terms of use and fees, as applicable.
+
+
+ 2. Modifications of this Agreement or Our Products
+
+ 2.1 Modifications of this Agreement
+
+ We reserve the right, in our sole discretion, to modify this Agreement from time
+ to time. If we make any material modifications, we will notify you by updating
+ the date at the top of the Agreement and by maintaining a current version of the
+ Agreement at https://across.to/terms-of-service. All modifications will be
+ effective when they are posted, and your continued accessing or use of any of
+ the Products will serve as confirmation of your acceptance of those
+ modifications. If you do not agree with any modifications to this Agreement, you
+ must immediately stop accessing and using all of our Products.
+
+ 2.2 Modifications of Our Products
+
+ We reserve the following rights, which do not constitute obligations of ours:
+ (a) with or without notice to you, to modify, substitute, eliminate, restrict or
+ add to any of the Products; (b) to review, modify, filter, disable, delete and
+ remove any and all content and information from any of the Products; (c) to
+ disable or modify access to access to the Products at any time in the event of
+ any breach of these Terms. You acknowledge. understand, and agree that, from
+ time to time, our Products may be inaccessible or inoperable for any reason,
+ including: (a) equipment or technology or other infrastructure delay,
+ inaccessibility, or malfunctions; (b) periodic maintenance procedures or repairs
+ that Risk Labs or any of our suppliers or contractors may undertake from time to
+ time; (c) causes beyond Risk Labs’ control or that Risk Labs could not
+ reasonably foresee; (d) disruptions and temporary or permanent unavailability of
+ underlying blockchain infrastructure; or (e) unavailability of third-party
+ service providers or external partners for any reason.
+
+
+ Without limitation of any other provision of these Terms, and as set forth
+ below, Risk Labs has no responsibility or liability for any losses or other
+ injuries resulting from any such events.
+
+ 3. Intellectual Property Rights
+ 3.1 IP Rights Generally
+
+ As between you and Risk Labs, we own all intellectual property and other rights
+ in and to each of our Products and its respective contents, including, but not
+ limited to, software (including in the Interface), text, images, trademarks,
+ service marks, copyrights, patents, designs, and its "look and feel."
+ This intellectual property is available under the terms of this agreement.
+ Subject to the terms of this Agreement, we grant you a limited, revocable,
+ non-exclusive, non-sublicensable, non-transferable license to access and use our
+ Products solely in accordance with this Agreement. You agree that you will not
+ use, modify, distribute, tamper with, reverse engineer, disassemble or decompile
+ any of our Products for any purpose other than as expressly permitted pursuant
+ to this Agreement. Except as set forth in this Agreement, we grant you no right,
+ title or interest in or to any of our Products, including any intellectual
+ property rights.
+
+
+ You understand and acknowledge that the Protocol is not a Product and we do not
+ control the Protocol.
+
+ 3.2 Third-Party Resources and Promotions
+
+ Our Products may contain references or links to third-party resources,
+ including, but not limited to, information, materials, products, or services,
+ that we do not own or control. In addition, third parties may offer promotions
+ related to your access and use of our Products. We do not approve, monitor,
+ endorse, warrant or assume any responsibility for any such resources or
+ promotions. If you access any such resources or participate in any such
+ promotions, you do so at your own risk, and you understand that this Agreement
+ does not apply to your dealings or relationships with any third parties. You
+ expressly relieve us of any and all liability arising from your use of any such
+ resources or participation in any such promotions, and you shall not use our
+ Products in combination with any third party products or services in any manner
+ that would infringe or otherwise violate the intellectual property rights of any
+ third party or violate any applicable law.
+
+ 3.3 Additional Rights
+
+ We reserve the right to cooperate with any law enforcement, court or government
+ investigation or order or third party requesting or directing that we disclose
+ information or content or information that you provide.
+
+ 4. Your Responsibilities
+ 4.1 Prohibited Activity
+
+ You agree not to engage in, or attempt to engage in, any of the following
+ categories of prohibited activity in relation to your access and use of the
+ Interface:
+
+
+ Intellectual Property Infringement. Activity that infringes on or violates any
+ copyright, trademark, service mark, patent, right of publicity, right of
+ privacy, or other proprietary or intellectual property rights under applicable
+ law in any jurisdiction in the world.
+
+
+ Data Privacy. Activity that violates any applicable laws, and contractual and
+ fiduciary obligations relating to the collection, storage, use, transfer and any
+ other processing of any personal information or any other sensitive or
+ confidential information.
+
+
+ Cyberattack. Activity that seeks to interfere with or compromise the integrity,
+ security, or proper functioning of any computer, server, network, personal
+ device, or other information technology system, including, but not limited to,
+ the deployment of viruses and denial of service attacks. Activity that uses any
+ robot, spider, crawler, scraper or other automated means or interface not
+ provided by us to access the Products to introduce any malware, virus, Trojan
+ horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other
+ harmful material into the Interface or the Products.
+
+
+ Fraud and Misrepresentation. Activity that seeks to defraud us or any other
+ person or entity, including, but not limited to, providing any false,
+ inaccurate, or misleading information in order to unlawfully obtain the property
+ of another, or to defraud Risk Labs, other users of the Products or any other
+ person.
+
+
+ Market Manipulation. Activity that violates any applicable law, rule, or
+ regulation concerning the integrity of trading markets, including, but not
+ limited to: the manipulative tactics commonly known as "rug pulls";
+ pumping and dumping; wash trading; front-running; accommodation trading;
+ fictitious transactions; pre-arranged or non-competitive transactions; cornering
+ or attempting cornering of digital assets; violations of bids or offers;
+ spoofing; knowingly making any bid or offer for the purpose of making a market
+ price that does not reflect the true state of the market; entering orders for
+ the purpose of entering in to transactions without a net change in either
+ party’s open positions but a resulting profit to one party and a loss to the
+ other party, commonly known as a “money pass”; any other manipulation or
+ fraudulent act or scheme to defraud, deceive, trick or mislead; or any other
+ trading activity that, in the reasonable judgment of Risk Labs, is abusive,
+ improper or disruptive to the operation of the Interface.
+
+
+ Securities and Derivatives Violations. Activity that violates any applicable
+ law, rule, or regulation concerning the trading of securities or derivatives,
+ including, but not limited to, the unregistered offering of securities and the
+ offering of leveraged and margined commodity products to retail customers in the
+ United States.
+
+
+ Sale of Stolen Property. Buying, selling, or transferring of stolen items,
+ fraudulently obtained items, items taken without authorization, and/or any other
+ illegally obtained items. Using or accessing the Products to transmit or
+ exchange Digital Assets that are the direct or indirect proceeds of any criminal
+ or fraudulent activity, including terrorism or tax evasion.
+
+
+ Data Mining or Scraping. Activity that involves data mining, robots, scraping,
+ or similar data gathering or extraction methods of content or information from
+ any of our Products.
+
+
+ Objectionable Content. Activity that involves soliciting information from anyone
+ under the age of 18 or that is otherwise harmful, threatening, abusive,
+ harassing, tortious, excessively violent, defamatory, vulgar, obscene,
+ pornographic, libelous, invasive of another's privacy, hateful,
+ discriminatory, or otherwise objectionable.
+
+
+ Disruptive Content. Activity that could interfere with, disrupt, negatively
+ affect, or inhibit other users from fully enjoying the Products, or that could
+ damage, disable, overburden, or impair the functioning of the Interface or the
+ Products in any manner
+
+
+ Circumvention of Content-Filtering. Activity that circumvents any
+ content-filtering techniques, security measures or access controls that Risk
+ Labs employs on the Interface, including through the use of a VPN.
+
+
+ Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or
+ regulation of the United States or another relevant jurisdiction, including, but
+ not limited to, the restrictions and regulatory requirements imposed by U.S.
+ law, including any relevant and applicable anti-money laundering and
+ anti-terrorist financing laws and sanctions programs, such as the Bank Secrecy
+ Act and the U.S. Department of Treasury’s Office of Foreign Asset Controls.
+ Activity from a jurisdiction (including an IP address in a jurisdiction) that we
+ have, in our sole discretion, determined is a jurisdiction where the use of the
+ Site, the Interface or the Products is prohibited, including any Restricted
+ Territory, or any activity with a Sanctioned Person.
+
+
+ As a further condition to accessing or using the Products, you affirm that you
+ will only transfer legally-obtained digital assets that belong to you and that
+ any digital assets you use in connection with the Products are either owned by
+ you or you are validly authorized to carry out actions using such digital
+ assets.
+
+ 4.2 Trading
+
+ You agree and understand that: (a) all trades you submit through any of our
+ Products are considered unsolicited, which means that they are solely initiated
+ by you; (b) you have not received any investment advice from us in connection
+ with any trades; and (c) we do not conduct a suitability review of any trades
+ you submit.
+
+ 4.3 Non-Custodial and No Fiduciary Duties
+ Each of the Products is a purely non-custodial application, meaning we do not ever
+ have custody, possession, or control of your digital assets at any time. It
+ further means you are solely responsible for the custody of the cryptographic
+ private keys to the digital asset wallets you hold and you should never share your
+ wallet credentials or seed phrase with anyone. We accept no responsibility for, or
+ liability to you, in connection with your use of a wallet and make no
+ representations or warranties regarding how any of our Products will operate with
+ any specific wallet. Risk Labs has no control over, or liability for, the
+ delivery, quality, safety, legality, or any other aspect of any digital assets
+ that you may transfer to or from a third party, and we are not responsible for
+ ensuring that an entity with whom you transact completes the transaction or is
+ authorized to do so, and if you experience a problem with any transactions in
+ digital assets using the Products, then you bear the entire risk.
+
+ Likewise, you are solely responsible for any associated wallet and we are not
+ liable for any acts or omissions by you in connection with or as a result of
+ your wallet being compromised. Risk Labs does not act as an agent for you or any
+ other user of the Products and you are solely responsible for your use of the
+ Products, including all your transfers of digital assets.
+
+
+ This Agreement is not intended to, and does not, create or impose any fiduciary
+ duties on us. To the fullest extent permitted by law, you acknowledge and agree
+ that we owe no fiduciary duties or liabilities to you or any other party, and
+ that to the extent any such duties or liabilities may exist at law or in equity,
+ those duties and liabilities are hereby irrevocably disclaimed, waived, and
+ eliminated. You further agree that the only duties and obligations that we owe
+ you are those set out expressly in this Agreement.
+
+ 4.4 Compliance and Tax Obligations
+
+ One or more of our Products may not be available or appropriate for use in your
+ jurisdiction. By accessing or using any of our Products, you agree that you are
+ solely and entirely responsible for compliance with all laws and regulations
+ that may apply to you.
+
+
+ Specifically, your use of our Products or the Protocol may result in various tax
+ consequences, such as income or capital gains tax, value-added tax, goods and
+ services tax, or sales tax in certain jurisdictions.
+
+
+ It is your responsibility to determine whether taxes apply to any transactions
+ you initiate or receive and, if so, to report and/or remit the correct tax to
+ the appropriate tax authority.
+
+ 4.5 Gas Fees and Price Estimates
+
+ Blockchain transactions require the payment of transaction fees to the
+ appropriate network ("Gas Fees"). Except as otherwise expressly set
+ forth in the terms of another offer by Risk Labs, you will be solely responsible
+ to pay the Gas Fees for any transaction that you initiate via any of our
+ Products. Although we attempt to provide accurate fee information, this
+ information reflects our estimates of fees, which may vary from the actual fees
+ paid to use the Products and interact with the Ethereum blockchain and other
+ blockchains.
+
+ 4.6 Release of Claims
+
+ You expressly agree that you assume all risks in connection with your access and
+ use of any of our Products. You further expressly waive and release us from any
+ and all liability, claims, causes of action, or damages arising from or in any
+ way relating to your use of any of our Products. If you are a California
+ resident, you waive the benefits and protections of California Civil Code §
+ 1542, which provides: "[a] general release does not extend to claims that
+ the creditor or releasing party does not know or suspect to exist in his or her
+ favor at the time of executing the release and that, if known by him or her,
+ would have materially affected his or her settlement with the debtor or released
+ party."
+
+ 5. Disclaimers
+ 5.1 Assumption of Risk -- Generally
+
+ Risk labs is a developer of software. Risk Labs does not operate a digital asset
+ or derivatives exchange platform or offer trade execution or clearing services
+ and has no oversight, involvement, or control concerning your transactions using
+ the products. All transactions between users of the interface are executed
+ peer-to-peer directly between the users’ addresses through a smart contract. You
+ are responsible for complying with all applicable laws that govern your digital
+ assets.
+
+
+ By accessing and using any of our products, you represent that you are
+ financially and technically sophisticated enough to understand the inherent
+ risks associated with using cryptographic and blockchain-based systems, and that
+ you have a working knowledge of the usage and intricacies of digital assets such
+ as ether (eth), so-called stablecoins, and other digital tokens such as those
+ following the Ethereum token standard (erc-20). You acknowledge and understand
+ the inherent risks associated with cryptographic systems and blockchain-based
+ networks. Risk Labs does not own or control any of the underlying software
+ through which blockchain networks are formed. In general, the software
+ underlying blockchain networks, including the Ethereum blockchain, is open
+ source, such that anyone can use, copy, modify, and distribute it. By using the
+ products, you acknowledge and agree (a) that Risk Labs is not responsible for
+ the operation of the blockchain-based software and networks underlying the
+ products, (b) that there exists no guarantee of the functionality, security, or
+ availability of that software and networks, and (c) that the underlying
+ blockchain-based networks are subject to sudden changes in operating rules, such
+ as those commonly referred to as “forks,” which may materially affect the
+ products. Blockchain networks use public and private key cryptography. You alone
+ are responsible for securing your private key(s). We do not have access to your
+ private key(s). Losing control of your private key(s) will permanently and
+ irreversibly deny you access to digital assets on the Ethereum blockchain or
+ other blockchain-based networks. Neither Risk Labs nor any other person or
+ entity will be able to retrieve or protect your digital assets. If your private
+ key(s) are lost, then you will not be able to transfer your digital assets to
+ any other blockchain address or wallet. If this occurs, then you will not be
+ able to realize any value or utility from the digital assets that you may hold.
+
+
+ Further, you acknowledge and understand that the markets for these digital
+ assets are nascent and highly volatile due to risk factors including, but not
+ limited to, adoption, speculation, technology, security, and regulation. You
+ understand that anyone can create a token, including fake versions of existing
+ tokens and tokens that falsely claim to represent projects, and acknowledge and
+ understand the risk that you may mistakenly trade those or other tokens.
+ So-called stablecoins may not be as stable as they purport to be, may not be
+ fully or adequately collateralized, and may be subject to panics and runs.
+
+
+ Further, you acknowledge and understand that smart contract transactions
+ automatically execute and settle, and that blockchain-based transactions are
+ irreversible when confirmed. You acknowledge and understand that you are
+ responsible for all trades you place, including any erroneous orders that may be
+ filled. We do not take any action to resolve erroneous trades that result from
+ your errors. You acknowledge and understand that the cost and speed of
+ transacting with cryptographic and blockchain-based systems such as Ethereum are
+ variable and may increase dramatically at any time. You further acknowledge and
+ understand the risk of selecting to trade in expert modes, which can expose you
+ to potentially significant price slippage and higher costs.
+
+
+ Further, you acknowledge and understand that the products and your digital
+ assets could be impacted by one or more regulatory inquiries or regulatory
+ actions, which could impede or limit the ability of Risk Labs to continue to
+ make available our proprietary software and could impede or limit your ability
+ to access or use the products.
+
+
+ Further, you acknowledge and understand that cryptography is a progressing field
+ with advances in code cracking or other technical advancements, such as the
+ development of quantum computers, which may present risks to digital assets and
+ the products, and could result in the theft or loss of your digital assets. To
+ the extent possible, the smart contracts available on the interface will be
+ updated to account for any advances in cryptography and to incorporate
+ additional security measures necessary to address risks presented from
+ technological advancements, but that intention does not guarantee or otherwise
+ ensure full security of the products.
+
+
+ Further, you understand that the Ethereum blockchain and other blockchain-based
+ networks remain under development, which creates technological and security
+ risks when using the products in addition to uncertainty relating to digital
+ assets and transactions therein. You acknowledge that the cost of transacting on
+ the Ethereum blockchain and other blockchain-based networks is variable and may
+ increase at any time causing impact to any activities taking place on the
+ Ethereum blockchain or other blockchain-based networks, which may result in
+ price fluctuations or increased costs when using the products.
+
+
+ Further, you acknowledge and understand that the products are subject to flaws
+ and that you are solely responsible for evaluating any code provided relating to
+ the products. This warning and other warnings that Risk Labs provides in these
+ terms are in no way evidence or represent an on-going duty to alert you to all
+ of the potential risks of utilizing the products. Although we intend to provide
+ accurate and timely information and data on the interface and during your use of
+ the products, the interface and other information available when using the
+ products may not always be entirely accurate, complete, or current and may also
+ include technical inaccuracies or typographical errors. To continue to provide
+ you with as complete and accurate information as possible, information may be
+ changed or updated from time to time without notice, including information
+ regarding our policies. Accordingly, you acknowledge and understand that you
+ should verify all information before relying on it, and all decisions based on
+ information contained on the interface or as part of the products are your sole
+ responsibility. No representation is made as to the accuracy, completeness, or
+ appropriateness for any particular purpose of any pricing information
+ distributed via the site or otherwise when using the products. Prices and
+ pricing information may be higher or lower than prices available on platforms
+ providing similar services.
+
+
+ We must comply with applicable laws, which may require us to, upon request by
+ government agencies, take certain actions or provide information. You
+ acknowledge and understand that Risk Labs may in its sole discretion take any
+ action it deems appropriate to cooperate with government agencies or comply with
+ applicable laws.
+
+
+ If you act as a liquidity provider to the protocol through the interface, you
+ understand that your digital assets may lose some or all of their value while
+ they are supplied to the protocol through the interface due to the fluctuation
+ of prices of tokens in a trading pair or liquidity pool.
+
+
+ In summary, you acknowledge that we are not responsible for any of these
+ variables or risks, do not own or control the protocol, and cannot be held
+ liable for any resulting losses that you experience while accessing or using any
+ of our products. Accordingly, you understand and agree to assume full
+ responsibility for all of the risks of accessing and using the interface to
+ interact with the protocol. You hereby irrevocably waive, release and discharge
+ all claims, whether known or unknown to you, against Risk Labs and our
+ shareholders, members, directors, officers, employees, agents, and
+ representatives, suppliers, and contractors related to any of the risks set
+ forth in this Section 5 or elsewhere in these terms.
+
+ 5.2 No Warranties
+
+ Each of our products are provided on an "as is" and "as
+ available" basis. To the fullest extent permitted by law, we disclaim any
+ representations and warranties of any kind, whether express, implied, or
+ statutory, including, but not limited to, the warranties of merchantability and
+ fitness for a particular purpose. You acknowledge and understand that your use
+ of each of our products is at your own risk. We do not represent or warrant that
+ access to any of our products will be continuous, uninterrupted, timely, or
+ secure; that the information contained in any of our products will be accurate,
+ reliable, complete, or current; or that any of our products will be free from
+ errors, defects, viruses, or other harmful elements, or that use of the Products
+ does not and will not infringe or otherwise violate the intellectual property of
+ any third party. No advice, information, or statement that we make should be
+ treated as creating any warranty concerning any of our products. We do not
+ endorse, guarantee, or assume responsibility for any advertisements, offers, or
+ statements made by third parties concerning any of our products.
+
+
+ Similarly, the protocol is provided "as is", at your own risk, and
+ without warranties of any kind. Although we contributed to the initial code for
+ the protocol, we do not provide, own, or control the protocol, which is run
+ autonomously without any headcount by smart contracts deployed on various
+ blockchains. Upgrades and modifications to the protocol are generally managed in
+ a community-driven way by holders of the acx governance token. No developer or
+ entity involved in creating the protocol will be liable for any claims or
+ damages whatsoever associated with your use, inability to use, or your
+ interaction with other users of, the protocol, including any direct, indirect,
+ incidental, special, exemplary, punitive or consequential damages, or loss of
+ profits, cryptocurrencies, tokens, or anything else of value. We do not endorse,
+ guarantee, or assume responsibility for any advertisements, offers, or
+ statements made by third parties concerning any of our products.
+
+
+ You acknowledge and understand that data you provide while accessing or using
+ the products may become irretrievably lost or corrupted or temporarily
+ unavailable due to a variety of causes, and agree that, to the maximum extent
+ permitted under applicable law, we will not be liable for any loss or damage
+ caused by denial-of-service attacks, software failures, viruses or other
+ technologically harmful materials (including those which may infect your
+ computer equipment), protocol changes by third-party providers, internet
+ outages, force majeure events or other disasters, scheduled or unscheduled
+ maintenance, or other causes either within or outside of our control.
+
+
+ Any payments or financial transactions that you engage in will be processed via
+ automated smart contracts. Once executed, we have no control over these payments
+ or transactions, nor do we have the ability to reverse any payments or
+ transactions.
+
+ 5.3 No Investment Advice
+
+ All information provided by any of our products is for informational purposes
+ only and should not be construed as investment advice or a recommendation that a
+ particular token is a safe or sound investment. You should not take, or refrain
+ from taking, any action based on any information contained in any of our
+ products. By providing token information for your convenience, we do not make
+ any investment recommendations to you or opine on the merits of any transaction
+ or opportunity. You alone are responsible for determining whether any
+ investment, investment strategy or related transaction is appropriate for you
+ based on your personal investment objectives, financial circumstances, and risk
+ tolerance.
+
+ 6. Indemnification
+
+ You agree to hold harmless, release, defend, and indemnify us and our officers,
+ directors, employees, contractors, agents, affiliates, and subsidiaries
+ (collectively “Indemnified Parties”) from and against all claims, damages,
+ obligations, losses, liabilities, costs, and expenses arising from: (a) your
+ access and use of any of our Products; (b) your violation of any term or
+ condition of this Agreement, the right of any third party, or any other
+ applicable law, rule, or regulation; (c) any other party's access and use
+ of any of our Products with your assistance or using any device or account that
+ you own or control; (d) digital assets associated with your wallet; (e) your
+ infringement, misappropriation, or other violation of the intellectual property
+ or other proprietary rights of any other person or entity; and (f) any dispute
+ between you and (i) any other user of any of the Products or (ii) any of your
+ own customers or users. If you are obligated to indemnify any Indemnified Party,
+ Risk Labs (or, at our sole discretion, the applicable Indemnified Party) will
+ have the right, in our or its sole discretion, to control any action or
+ proceeding and to determine whether Risk Labs wishes to settle, and if so, on
+ what terms, and you agree to cooperate with Risk Labs in the defense.
+
+ 7. Limitation of Damages and 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,
+ fiat, revenue, opportunities, goodwill or other intangible property, arising out
+ of or relating to any access or use of or inability to access or use any of the
+ products, nor will we be responsible for any damage, loss, or injury resulting
+ from hacking, tampering, or other unauthorized access or use of any of the
+ products or the information contained within it, whether such damages are based
+ in contract, tort, negligence, strict liability, or otherwise, arising out of or
+ in connection with authorized or unauthorized use of any of the products, even
+ if an authorized representative of Risk Labs has been advised of or knew or
+ should have known of the possibility of such damages. We assume no liability or
+ responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b)
+ personal injury or property damage, of any nature whatsoever, resulting from any
+ access or use of the interface; (c) unauthorized access or use of any secure
+ server or database in our control, or the use of any information or data stored
+ therein; (d) interruption or cessation of function related to any of the
+ products; (e) bugs, viruses, trojan horses, or the like that may be transmitted
+ to or through the interface; (f) errors or omissions in, or loss or damage
+ incurred as a result of the use of, any content made available through any of
+ the products; (g) the defamatory, offensive, or illegal conduct of any third
+ party and (h) causes beyond Risk Labs’ control or that Risk Labs could not
+ reasonably foresee.
+
+
+ We have no liability to you or to any third party for any claims or damages that
+ may arise as a result of any payments or transactions that you engage in via any
+ of our products, or any other payment or transactions that you conduct via any
+ of our products. Except as expressly provided for herein, we do not provide
+ refunds for any purchases that you might make on or through any of our products.
+
+
+ We make no warranties or representations, express or implied, about linked third
+ party services, the third parties they are owned and operated by, the
+ information contained on them, assets available through them, or the
+ suitability, privacy, or security of their products or services. You acknowledge
+ sole responsibility for and assume all risk arising from your use of third-party
+ services, third-party websites, applications, or resources. We shall not be
+ liable under any circumstances for damages arising out of or in any way related
+ to software, products, services, and/or information offered or provided by
+ third-parties and accessed through any of our products.
+
+
+ Some jurisdictions do not allow the limitation of liability for personal injury,
+ or of incidental or consequential damages, so this limitation may not apply to
+ you. In no event shall our total liability to you for all damages (other than as
+ may be required by applicable law in cases involving personal injury) exceed the
+ amount of one hundred U.S. dollars ($100.00 USD) or its equivalent in the local
+ currency of the applicable jurisdiction.
+
+
+ The foregoing disclaimer will not apply to the extent prohibited by law.
+
+
+ 8. Governing Law, Dispute Resolution and Class Action Waivers
+
+ 8.1 Governing Law
+
+ You agree that the laws of the State of New York, without regard to principles
+ of conflict of laws, govern this Agreement and any Dispute between you and us;
+ provided, that the foregoing shall not restrict us from seeking remedies for
+ disputes related to the violation of any intellectual property rights in the
+ United States Patent and Trademark Office, Trademark Trial and Appeal Board or
+ any other similar office or court of competent jurisdiction. You further agree
+ that each of our Products shall be deemed to be based solely in the State of New
+ York, and that although a Product may be available in other jurisdictions, its
+ availability does not give rise to general or specific personal jurisdiction in
+ any forum outside the State of New York. The parties acknowledge that this
+ Agreement evidences interstate commerce and that the enforceability of this
+ Section 8 will be substantively and procedurally governed by the Federal
+ Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent
+ permitted by applicable law. Any arbitration conducted pursuant to this
+ Agreement shall be governed by the FAA. You agree that the federal and state
+ courts of New York County, New York are the proper forum for any appeals of an
+ arbitration award or for court proceedings in the event that this
+ Agreement's binding arbitration clause is found to be unenforceable.
+
+
+ If any portion of this Section 8 is found to be unenforceable or unlawful for
+ any reason, (a) the unenforceable or unlawful provision will be severed from
+ these Terms; (b) severance of the unenforceable or unlawful provision will have
+ no impact whatsoever on the remainder of this Section 8 or the parties’ ability
+ to compel arbitration of any remaining claims on an individual basis under this
+ Section 8; and (c) to the extent that any claims must therefore proceed on a
+ class, collective, consolidated, or representative basis, such claims must be
+ litigated in a civil court of competent jurisdiction and not in arbitration, and
+ the parties agree that litigation of those claims will be stayed pending the
+ outcome of any individual claims in arbitration. Further, if any part of this
+ Section 8 is found to prohibit an individual claim seeking public injunctive
+ relief, then that provision will have no effect to the extent such relief is
+ allowed to be sought out of arbitration, and the remainder of this Section 8
+ will be enforceable.
+
+ 8.2 Dispute Resolution
+
+ We will use our best efforts to resolve any potential disputes through informal,
+ good faith negotiations. If a potential dispute arises, you must contact us by
+ sending an email to legal@across.to so that we can attempt to resolve it without
+ resorting to formal dispute resolution. If we aren't able to reach an
+ informal resolution within sixty days of your email, then you and we both agree
+ to resolve the potential dispute according to the process set forth below.
+
+
+ Any claim or controversy arising out of or relating to any of our Products, this
+ Agreement, or any other acts or omissions for which you may contend that we are
+ liable, including, but not limited to, any claim or controversy as to
+ arbitrability ("Dispute"), shall be finally and exclusively settled by
+ arbitration under the JAMS Optional Expedited Arbitration Procedures. You
+ understand that you are required to resolve all Disputes by binding arbitration.
+ The arbitration shall be held on a confidential basis before a single
+ arbitrator, who shall be selected pursuant to JAMS rules. The arbitration will
+ be held in New York, New York, unless you and we both agree to hold it
+ elsewhere. Unless we agree otherwise, the arbitrator may not consolidate your
+ claims with those of any other party. You and Risk Labs agree that for any
+ arbitration you initiate, you will pay the filing fee and all other JAMS fees
+ and costs. For any arbitration initiated by Risk Labs, Risk Labs will pay all
+ JAMS fees and costs.
+
+
+ Any claim arising out of or related to these Terms or the Products must be filed
+ within one (1) year after such claim arose; otherwise, the claim is permanently
+ barred, which means that you and Risk Labs will not have the right to assert the
+ claim.
+
+
+ Any judgment on the award rendered by the arbitrator may be entered in any court
+ of competent jurisdiction. If for any reason a claim by law or equity must
+ proceed in court rather than in arbitration you agree to waive any right to a
+ jury trial and any claim may be brought only in a Federal District Court or a
+ New York state court located in New York County, New York.
+
+ 8.3 Class Action and Jury Trial Waiver
+
+ You and Risk Labs agree that any Dispute arising out of or relating to these
+ Terms of Service is personal to you and Risk Labs You must bring any and all
+ Disputes against us in your individual capacity and not as a plaintiff in or
+ member of any purported class action, collective action, private attorney
+ general action, or other representative proceeding. This provision applies to
+ class arbitration.
+
+
+ Except as specified above, you and we both agree to waive the right to demand a
+ trial by jury.
+
+ 9. Miscellaneous
+ 9.1 Entire Agreement
+
+ These terms constitute the entire agreement between you and us with respect to
+ the subject matter hereof. This Agreement supersedes any and all prior or
+ contemporaneous written and oral agreements, communications and other
+ understandings (if any) relating to the subject matter of the Terms.
+
+ 9.2 Assignment
+
+ You may not assign or transfer this Agreement, by operation of law or otherwise,
+ without our prior written consent. Any attempt by you to assign or transfer this
+ Agreement without our prior written consent shall be null and void. We may
+ freely assign or transfer this Agreement. Subject to the foregoing, this
+ Agreement will bind and inure to the benefit of the parties, their successors
+ and permitted assigns.
+
+ 9.3 Rewards
+
+ In connection with your historic or current use of one or more of our Products,
+ we may provide you certain incentives, prizes or rewards for completing certain
+ activities, such as completing a certain number of transactions ("User
+ Rewards"). Details regarding the criteria for earning a reward will be
+ described within the applicable Product or official Risk Labs documentation.
+ Upon satisfaction of the criteria for obtaining a reward and subject to your
+ compliance with the associated rewards terms, this Agreement, and applicable law
+ — to be determined exclusively by Risk Labs — we will use commercially
+ reasonable efforts to promptly transfer the earned reward to the digital wallet
+ that you designate or have connected to the applicable Product. We reserve the
+ right to change, modify, discontinue or cancel any rewards programs (including
+ the frequency and criteria for earning such User Rewards), at any time and
+ without notice to you.
+
+
+ 9.4 Not Registered with the SEC or Any Other Agency
+
+
+ We are not registered with the U.S. Securities and Exchange Commission as a
+ national securities exchange or in any other capacity. You understand and
+ acknowledge that we do not broker trading orders on your behalf. We also do not
+ facilitate the execution or settlement of your trades, which occur entirely on
+ public distributed blockchains like Ethereum. As a result, we do not (and
+ cannot) guarantee market best pricing or best execution through our Products.
+ Any references in a Product to "best price" does not constitute a
+ representation or warranty about pricing available through such Product, on the
+ Protocol, or elsewhere.
+
+ 9.5. Notice
+
+ We may provide any notice to you under this Agreement using commercially
+ reasonable means, including using public communication channels. Notices we
+ provide by using public communication channels will be effective upon posting.
+
+ 9.6 Rights and Remedies
+
+ Any right or remedy of Risk Labs set forth in these Terms is in addition to, and
+ not in lieu of, any other right or remedy whether described in these Terms,
+ under applicable laws, at law, or in equity. The failure or delay of Risk Labs
+ in exercising any right, power, or privilege under these Terms will not operate
+ as a waiver thereof.
+
+ 9.7 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.
+
+
+
+
+ Terms of Service
+
+
+ Dated: August 22, 2024
+
+
+