Terms of Service

1. Introduction

A. Welcome to the Liquary interface (accessible at: liquary.xyz) (the "Interface"). The Interface is software that lets its users ("Users") read from and submit transactions to public blockchains and decentralized protocols, including, as of the date of these Terms, the Hyperliquid blockchain ("Hyperliquid"), Polymarket on the Polygon network, and the other networks and protocols supported for swaps, bridges, and transfers, together with any blockchain or protocol the Interface may support in the future (collectively, the "Protocols"). The Interface is one, but not the exclusive, means of interacting with the Protocols and is distinct from them. The Protocols are operated by third parties: we do not own, control, operate, or custody any of them, and we cannot stop, reverse, or modify transactions on them. You acknowledge and agree that blockchain transactions are irreversible once confirmed. By using the Interface, you acknowledge and agree that you are not buying or selling digital assets from us and that your use of the Interface, and any interaction with the Interface or the Protocols through the Interface, is entirely at your own risk.

B. By accessing or using the Interface to enter into transactions including any decentralized application, smart contracts, content, features, functionality, or services accessible through the Protocols or in connection with the Interface or any other associated tools and technologies (collectively, the "Liquary Services"), including access to various on-chain Markets, tools, and integrations deployed on the Protocols, made available through the Liquary Interface by Hypersight LLC, a Wyoming limited liability company, with registered address at 30 N Gould St, STE R, Sheridan, WY 82801, USA (the "Company", "we", "our" or "us"), you agree to be bound by these Terms of Use ("Terms") which will govern your access to and use of the Interface and Liquary Services and constitute a legally binding agreement between (i) us and you, or (ii) if you are representing an entity, the entity that you are representing (hereinafter referred to as "you" or "your"). The Company operates an Interface only; it does not itself operate, control, custody, or execute any of the underlying on-chain protocols, smart contracts, or Markets. Although the Company is incorporated in the State of Wyoming, United States, the Company does not offer the Interface or any Liquary Service to U.S. persons, and access from the United States and its territories is strictly prohibited as set out in Section 3. If you do not agree to these Terms, you are not allowed to access or use the Interface or any of the Liquary Services.

C. For avoidance of doubt, the Liquary Services include the publicly available interfaces, websites, or applications that publish these Terms or refer to them, including any content or tools provided there ("Content Features").

2. Interface Description

A. The Interface provides access to markets and features available on the Protocols, including prediction markets, perpetual futures, spot markets, token swaps and bridges, staking, vaults, and related on-chain activities, as they may evolve over time (collectively, "Markets"). Markets are created and operated on the applicable Protocol by third parties, including Hyperliquid validators, permissionless market deployers, and third-party venues such as Polymarket; the Company does not create, list, or operate any Market. You may access Markets through the Interface using a compatible self-custodial wallet. The Interface and the Company do not custody funds, match or settle trades, or operate an exchange or clearinghouse.

B. We do not and cannot control, guarantee, or mediate your interactions with the Protocols or blockchain networks. By linking, connecting and using your self-custodial digital wallet ("Wallet") with the Interface, you acknowledge that you are fully responsible for safeguarding your credentials and that transactions are irreversible. We cannot retrieve lost funds or intervene in any erroneous or unauthorized activity initiated through your Wallet. We accept no liability, in any way, for any loss of your funds or Digital Assets (as defined below) due to your failure to retain or secure your Wallets or for any acts or omissions by you in connection with your Wallet or any security incident related to your Wallet.

C. The Company does not control, monitor, or verify the accuracy of third-party oracle providers, price feeds, or data partners, and disclaims all liability for any errors, inaccuracies, delays, or manipulation in the data they provide.

D. You should evaluate all risks associated with decentralized technologies, including smart contract vulnerabilities, cryptoasset volatility, phishing, and front-end limitations and risks stated in Section 3 below before participating.

Informational Nature of Content

E. Any informational content provided on the Interface (including market summaries, blogs, tutorials, social media links, or external references) is provided solely for general reference. Such information shall not be considered or construed as financial advice, investment advice, tax advice, legal advice, or any other sort of advice. No representation or warranty, express or implied, is made as to the fairness, accuracy, timeliness, quality, origin, ownership or completeness of the information made available on this Interface, and is provided only for general informative purposes, and no reliance should be placed on it.

F. The Company is not responsible or accepts any liability to you for any use of, or reliance placed on, any information provided by the Interface or the Liquary Services. We shall not be liable for any errors, misrepresentations, or omissions in, of, and about, the information, nor for the availability of the information. You agree not to rely on such content for decision-making and acknowledge that we disclaim, and shall not have, any liability resulting from your reliance on such information.

G. We disclaim all responsibility for disruptions, temporary inaccessibility, or data loss due to software bugs, system failures, third-party service outages, or events beyond our reasonable control.

Legal and Regulatory Disclaimers

H. The Company is a provider of an interface. The Company is not a broker, fund management agency, fund manager, financial institution nor is it a dealer or arranger, nor does it operate a digital assets exchange or registered securities platform or offer trade execution or clearing services and, therefore, has no oversight, involvement, or control concerning the transactions you choose to conduct on the Protocols through the Interface.

I. All trades initiated by Users are matched and settled by the applicable Protocol. The Interface transmits orders but does not execute, match, or settle any trade. Where the same Market is available on several order books or venues, the Interface may, at your instruction, split an order across them, or indicate which venue it estimates to be preferable; any such split or comparison is an estimate computed from the order books at the time it is displayed. We do not broker trading orders on your behalf, and we do not guarantee best price or best execution for any transaction. Use of the Interface does not establish any fiduciary, client, or professional advisory relationship between you and the Company. You should seek independent advice from appropriately qualified professionals before engaging in any financial, legal, or technical activity in connection with the Interface.

J. The Interface does not constitute, and the Company does not provide, any crypto-asset service within the meaning of Regulation (EU) 2023/1114 (the Markets in Crypto-Assets Regulation, "MiCA"). The Company is not a Crypto-Asset Service Provider, investment firm, payment institution, or e-money institution in any jurisdiction. Where Users transact in crypto-assets through the Interface, those transactions are executed by independent on-chain protocols, smart contracts, and third-party service providers, and the Company acts solely as a software interface to facilitate the User's own self-directed interaction with such protocols. Nothing on the Interface constitutes an offer, solicitation, recommendation, or invitation to acquire, subscribe for, hold, sell, or deal in any crypto-asset, financial instrument, derivative, security, or unit in a collective investment scheme.

3. Your Eligibility, Commitments, and Restrictions

User Eligibility and Legal Capacity

A. By accessing or using any part of the Liquary ecosystem, including the Liquary Services, you affirm and guarantee that:

• You are at least eighteen (18) years old or the legal age of majority in your country or state of residence, whichever is greater. If you are under the legal age of majority, you may not access or use the Interface.
• You agree to comply with all applicable U.S. and non-U.S. export control and trade sanctions laws in respect of your access and use of the Interface and the Liquary Services and any feature.
• If you are acting on behalf of an entity, you have full legal authority to bind that entity to these Terms.
• You are not otherwise barred from accessing the Interface or using the Liquary Services under any applicable law, regulation, or order.
• You are not a Restricted Person (as defined below) in relation to any Liquary Service you access or use, and are not accessing or using any Liquary Service on behalf of a person who is a Restricted Person in relation to it.

Restricted Persons and Prohibited Jurisdictions

B. Because the laws that apply to spot trading, to derivatives, and to prediction markets differ from one jurisdiction to another, some jurisdictions are closed to every Liquary Service and others only to certain categories of Liquary Services. The persons described below are "Restricted Persons" in relation to the Liquary Services indicated, and are strictly prohibited from accessing or using those Liquary Services: paragraphs (i) and (iv) to (vi) apply to every Liquary Service, paragraph (ii) to derivatives, paragraph (iii) to prediction markets, and paragraphs (vii) and (viii) as stated in them. A person who is a Restricted Person in relation to every Liquary Service may not access or use the Interface at all. The "Prohibited Jurisdictions" of a Liquary Service are the jurisdictions listed in paragraph (i), together with those listed in paragraph (ii) or (iii) for the category to which that Liquary Service belongs. Liquary Services outside those two categories, such as spot markets, token swaps, bridges, and transfers, are not covered by paragraphs (ii) and (iii).

(i) All Liquary Services: persons or entities who ordinarily reside in, are located in, are incorporated in, or have a registered office or principal place of business in any of the following jurisdictions: United States of America and its territories; Province of Ontario, Canada; People's Republic of China; Cuba; Crimea and Russian occupied regions of Ukraine; Iran; North Korea; Sudan; Syria; Afghanistan; Myanmar (Burma); or any jurisdiction subject to sanctions imposed by the United Nations Security Council, the United Kingdom government, the U.S. Government (e.g., U.S. Office of Foreign Assets Control), the European Union or its Member States, or any applicable governmental authority;

(ii) Derivatives (perpetual futures and any other derivative, margined, or leveraged product accessible through the Interface, including vaults that trade them): persons or entities who ordinarily reside in, are located in, are incorporated in, or have a registered office or principal place of business in any of the following jurisdictions: United Kingdom; United Arab Emirates; Singapore; Hong Kong; and any other jurisdiction, including any European Union or European Economic Area member state, where access to or use of such products through the Interface would be unlawful or would require a licence or authorisation that the Company does not hold;

(iii) Prediction markets (prediction markets, outcome markets, and any other event-based contract accessible through the Interface, whether listed on Hyperliquid or on Polymarket): persons or entities who ordinarily reside in, are located in, are incorporated in, or have a registered office or principal place of business in any of the following jurisdictions: France; Belgium; Germany; Italy; Portugal; Poland; Switzerland; United Kingdom; Singapore; Taiwan; Thailand; Australia; Brazil; the Provinces of British Columbia, Alberta, and Quebec, Canada; and any other jurisdiction where participation in prediction markets, event-based contracts, or online betting through the Interface would be unlawful or would require a licence or authorisation that the Company does not hold;

(iv) citizens or nationals of any jurisdiction listed in paragraph (i), regardless of their current location, including citizens physically present in a permitted jurisdiction at the time of access;

(v) persons or entities subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the United Kingdom government, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority;

(vi) persons who intend to supply the Interface or any Liquary Service to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury's financial or other sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial or other sanctions regime;

(vii) persons or entities owned or controlled by any person or entity described in paragraphs (i) to (vi) above, in relation to the same Liquary Services as that person or entity; and

(viii) persons or entities in any other jurisdiction that we designate from time to time as restricted, for every Liquary Service or for some of them.

C. By accepting these Terms or otherwise using the Interface or any of the Liquary Services, you represent and warrant that you are not a Restricted Person in relation to any Liquary Service you access or use, and that you are not using any Liquary Service on behalf of a person who is a Restricted Person in relation to it. Identified access to a Liquary Service from one of its Prohibited Jurisdictions may result in suspension or termination of access to that Liquary Service or to the Interface.

Geo-blocking

D. We may deploy technological solutions (such as geo-blocking) to prevent persons located in Prohibited Jurisdictions from registering an account or otherwise being able to access, or to use, the Interface or any Liquary Services. You acknowledge and agree that we will not be responsible to you for, and that you will indemnify and hold us harmless for and in relation to, any losses suffered by you as a result of your attempting to access the Interface or the Liquary Services from within a Prohibited Jurisdiction, including by way of any means designed to circumvent any controls or technological solutions that we may have in place from time to time. You accept and acknowledge that we reserve the right to detect and prevent the use of prohibited techniques, including but not limited to fraudulent transaction detection, examination of your device properties, detection of geo-location and IP masking, transactions and blockchain analysis.

No Circumvention

E. You must not use a VPN, proxy, Tor, or similar technology to circumvent geo-blocks or eligibility restrictions. Any attempt to circumvent geographical or regulatory restrictions constitutes a material breach of these Terms and may result in immediate suspension or permanent termination of access.

Responsibility for Local Compliance

F. You acknowledge that it is solely your responsibility to ensure that your use of the Interface and the Liquary Services complies with all laws, regulations, and rules applicable in your jurisdiction, including any laws regarding spot, synthetic, or derivatives exposure, and any laws governing participation in prediction markets or event-based contracts. You shall not access or use our Interface or Liquary Services if it would be illegal, or a violation of any applicable laws or regulations, to do so within your jurisdiction.

Responsibility for Wallets and Access

G. You acknowledge that you are solely responsible for configuring and maintaining any Wallets or applications used to interact with Liquary Services, including safeguarding access credentials such as private keys, seed phrases, and authentication devices. The Interface or the Company does not have custody, possession or control of your Wallet or Digital Assets at any time and cannot assist in their recovery.

Accounts, Embedded Wallets, and Agents

G.1. Where you choose to create an account using an email address or a Google account, the Interface provisions a self-custodial digital wallet on your behalf through a third-party wallet-infrastructure provider (Privy) (an "Embedded Wallet"). The Embedded Wallet is yours: its private key is generated and held in a manner that neither the Company nor any third party can access, export, or use without your authenticated session. The Company has no custody, possession, or control of the Embedded Wallet or of any Digital Assets held in it at any time, and cannot recover it or its keys on your behalf. You are solely responsible for retaining access to the email address or Google account (and any recovery method) associated with your account; loss of that access may result in the permanent loss of the Embedded Wallet and any Digital Assets held in it.

G.2. Whether you use an Embedded Wallet or another Wallet, trading on Hyperliquid through the Interface requires you to approve, with your Wallet, a trade-only delegated key (the "Agent"). The Agent is generated in your browser and its private key is stored in your browser's local storage on your device; it is not transmitted to or held by the Company. The Agent can place, modify, and cancel orders and perform other trading actions on your account, but cannot withdraw, transfer, or otherwise move your Digital Assets out of your account. Once the Agent is approved, the Interface signs the trading actions you initiate with it, without a separate prompt for each action. Actions that move Digital Assets out of your account, including withdrawals and transfers, require your explicit confirmation each time. Anyone who gains access to your device or browser may be able to use the Agent to trade on your account, including at a loss: you are solely responsible for the security of your device. You may revoke the Agent at any time, from the Interface or directly on Hyperliquid.

G.3. When you first trade through the Interface, and provided that your Hyperliquid account has no referrer and remains eligible under Hyperliquid's rules, you authorize the Interface to apply the Company's referral attribution (the "HYPERSIGHT" code) to your account, which reduces the trading fees you pay on Hyperliquid. This attribution is applied automatically and confers a benefit to you; it may also entitle the Company to a corresponding referral allocation from Hyperliquid.

Sophistication and Risk Assumption

H. You acknowledge that using Liquary Services requires a strong understanding of cryptographic systems, blockchain-based protocols, smart contract systems, decentralized finance, on-chain transaction mechanics, leverage, funding rates, and market-based risk. You represent and warrant that you have a working knowledge and understand sufficiently:

• how prediction-market, perpetual futures, spot, and other Markets operate on the applicable Protocol, including how positions are funded, liquidated, and settled;
• binary and multi-outcome market structures used in prediction markets, including that positions resolve to defined outcomes and that the value of any position may decline to zero if the relevant outcome does not occur;
• market resolution mechanics, including that prediction markets are resolved by third parties and never by the Company (on Hyperliquid, by the market's deployer or by an address to which it has delegated that authority; on Polymarket, under Polymarket's own resolution process), that resolutions may be delayed, erroneous, or differ from your expectations, that the Company has no power to review, dispute, or reverse them, that a market may settle with no winning side (for example, a two-sided market settling on a draw may pay each side a fixed fraction of the payout, such as half), and the final, conclusive and binding nature of resolution decisions once confirmed;
• liquidity issues: due to insufficient or limited liquidity at times, you may face the risk of price slippage or potential delays in any execution of your transactions, or you may find it difficult or impossible for you to execute a transaction (for example, sell or exit a position when you wish to do so). This may occur at any time, including at times of rapid price movements;
• information asymmetry, including that other market participants may possess superior knowledge, data, or analytical capabilities, and that the Interface does not ensure parity of information among Users;
• informational risks: information available on the Interface may not be accurate, timely, current or complete, and may include technical inaccuracies or typographical errors. Information is subject to change without notice. You should verify all information before relying on it;
• staking mechanics, including that staked tokens are delegated to validators that the Company does not operate, that staking rewards are variable and not guaranteed, that a validator may be jailed or otherwise penalized, and that unstaked tokens are subject to a withdrawal delay set by the applicable Protocol (on Hyperliquid, currently seven (7) days) during which they cannot be used;
• vault mechanics, including that a vault is managed by its leader or by the applicable Protocol and never by the Company, that the leader may receive a share of the vault's profits, that deposits may be subject to lock-up periods and withdrawal limits, and that a vault may lose part or all of its value;
• funding-based strategies, including that a position combining a spot purchase with a short perpetual position on the same asset is not risk-free: funding rates change and may turn negative, the two legs may execute at different prices or only partially, and the short leg may be liquidated. Any rate or return displayed for such a strategy is historical or estimated and is not a promise of future returns.

I. By using the Interface, 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 cryptocurrencies, prediction-market tokens and other crypto or blockchain-based digital assets (collectively, "Digital Assets"). Specifically, you acknowledge, agree, and accept that:

• Markets for Digital Assets are nascent and highly volatile due to risk factors including, but not limited to, adoption, speculation, technology, security vulnerabilities (including smart contract bugs and exploits, oracle or bridge failures, and front-running risks), and regulatory uncertainty;
• Smart contract transactions automatically execute and settle, and all transactions undertaken through the Interface and the Liquary Services are irreversible and final, and there are no refunds. You accept all consequences of accessing and using the Interface and the Liquary Services, including the risk that you may lose access to your funds or Digital Assets indefinitely;
• All transaction decisions are made solely by you. The Company has no responsibility whatsoever for, and will in no circumstances be liable to you in connection with, your use of the Interface and the Liquary Services for performing transactions relating to your funds or Digital Assets;
• The cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time, and you are responsible for all blockchain gas and transaction fees and any Protocol-level fees at all times;
• The risk of trading with leverage may lead to significant losses, including the liquidation of trading positions;
• The use of the Interface and the Liquary Services carries financial risks, including the risk of loss. You understand that transactions can potentially lead to loss of a substantial portion or all of your funds. The Company is not and will not provide any advice to you with respect to your transactions. You should carefully consider whether such transactions are suitable for you in light of your circumstances and financial resources;
• By accessing and using the Interface and the Liquary Services, you represent and warrant that you have been, are, and will be solely responsible for making your independent appraisal and investigations into the risks of a given transaction and the underlying Digital Assets.

J. You affirm that you have independently assessed and understood the financial and legal risks involved, including the possibility of losing all funds. All use of the Interface is entirely at your own risk.

K. YOU ACCEPT ALL RISKS THAT ARISE FROM USING THE INTERFACE AND THE LIQUARY SERVICES, INCLUDING, AND NOT LIMITED TO, THE RISK OF ANY FUNDS BEING LOST DUE TO A FAILURE OR EXPLOIT OF THE INTERFACE OR ANY OF THE LIQUARY SERVICES.

Grant of License

L. If you accept and comply with these Terms, the Company will grant, and you will receive, a limited, revocable, non-sublicensable, and non-exclusive license to access and use the Interface subject to the "Prohibited Conduct" set forth in this section below, as follows:

• You may access and use applicable Liquary Services available on the Interface on one or more computers or mobile devices under your authorized control.
• You may use the Interface for your personal and non-commercial purposes only, except as permitted under the Referral Program (Section 7).
• You may not transfer your rights and obligations to use the Interface.
• You will not utilize or deposit funds or assets which originate from criminal or other unauthorized, illegal or illicit activity.

Interface Moderation and Market Visibility

M. Markets on the Protocols may be created permissionlessly by third parties and operate independently of the Interface. The Company does not control or restrict the deployment or execution of Markets at the Protocol level. The titles, descriptions, outcomes, images, and other content of a Market are written by its deployer or venue, not by the Company, and the Company does not verify or endorse them. However, the Interface is a curated access point and the Company reserves the right, at its sole discretion, to restrict, hide, delist, or otherwise limit the visibility or accessibility of specific Markets through the Interface where such Markets are reasonably determined to violate applicable law, public policy, regulatory guidance, or the Company's content standards, or pose material legal, compliance, or user-protection risks. Such moderation actions apply solely to the Interface and do not affect the existence or functionality of the underlying Markets on-chain.

Prohibited Conduct

N. By using the Interface or Liquary Services, you agree that you will not, in part or under any circumstances, do any of the following:

• Break, violate, or facilitate the violation of any applicable law or regulation, including any laws related to the integrity of trading markets, money laundering, the unregistered offering of securities or derivatives, or the use of stolen funds, including without limitation the U.S. Bank Secrecy Act and the sanctions programs administered by the U.S. Department of Treasury's Office of Foreign Assets Control;
• Use Liquary Services in a manner that knowingly facilitates any front-running, wash trading, or fraudulent, deceptive or manipulative trading activities, including trading at successively lower or higher prices to create a false or misleading appearance of activity, trading without changes in material beneficial ownership for the same purpose, participating in any pool, syndicate or joint account organized to deceptively influence market prices, or engaging in any money laundering or terrorist financing;
• Exploit the Liquary Services in any manner intended to harm, overload, disrupt, or destabilize the operation of the Interface or the experience for other Users, including exploiting any errors, bugs, vulnerabilities, or unintended features of the Interface, the Protocols, or any associated code;
• Exploit or use the Interface for any commercial purpose not expressly authorized by the Company (including under the Referral Program), including botting, third-party advertising, or providing in-Interface services in exchange for payment;
• Use any unauthorized process or software (including automated tools, crawlers, bots, or scripts) to extract, intercept, collect or read data generated or stored by the Interface, bypass rate limits, cause denial-of-service conditions, or interfere with operations;
• Transmit or introduce viruses, malware, or any other code that may harm or intercept private data;
• Copy, translate, disassemble, reverse-engineer, decompile, modify, derive or replicate any portion of the Interface or the Liquary Services' source code, or create derivative works based on or related to the Interface or the Liquary Services;
• Engage in behaviour that is abusive, discriminatory, hateful, violent, intended to disrupt the experiences of other Users, or is otherwise unlawful;
• Attempt to or facilitate the access, usage, or routing of any Liquary Services in or from a Prohibited Jurisdiction;
• Circumvent access restrictions through technical workarounds, including VPNs, Tor, proxies, or similar means, or impersonate someone or make false or misleading statements about your residency, citizenship, or compliance with applicable laws;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers to protect the Interface or any Liquary Service;
• Facilitate, create or maintain any unauthorized connection to the Interface, including any connection to any unauthorized server that emulates the Interface, or any connection using third-party programs not expressly authorized by the Company;
• Create, use, offer, promote, advertise, make available and/or distribute exploits, bots, hacks, or any code or software not expressly authorized by the Company that grants you or any other User an undue advantage, allows automated control of your account, modifies the Interface software, or changes its functionality;
• Use the Interface or Liquary Services in any manner that violates, misappropriates, or infringes the rights of the Company, our licensors, our Users, or others, including privacy, publicity, intellectual property, or other rights;
• Access or use the Interface or any Liquary Service to violate or attempt to violate any policies of the Company;
• Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Interface or component thereof to any other party in any way not expressly authorized;
• Circumvent any content-filtering techniques, security measures or access controls employed on the Interface or any Liquary Service; or
• Encourage or enable any other individual to do any of the foregoing.

O. The Company reserves the right, in its sole discretion, to restrict, suspend, or permanently terminate your access to the Interface and any or all Liquary Services if you are suspected to have violated or assisted others in violating these Terms, applicable law, or the rights of others. The Company may also report such behaviour to appropriate law enforcement or regulatory authorities.

Compliance Investigations and Additional Information

P. The Company may, where instructed to do so by a competent authority, request additional information or documentation from users in order to verify compliance with these Terms, applicable anti-money laundering (AML), counter-terrorist financing (CTF), anti-bribery and corruption (ABC), anti-international sanctions circumvention (AISC), and other legal or regulatory requirements. Any such request will be limited to information that is relevant, proportionate, and appropriate to the applicable purpose and strictly as instructed by such competent authority.

Q. If a User does not provide the requested information within a reasonable timeframe, the Company may temporarily restrict access to certain features of the Liquary Services, solely to the extent required to address the relevant compliance obligations. The Company will endeavour to apply any such measures in a fair, transparent, and non-discriminatory manner.

R. Where required by applicable law, regulation, court order, or binding instruction from a competent authority, the Company may suspend or limit services, withhold rewards, or take other necessary compliance-related actions. Except where prohibited by applicable law, the Company will make reasonable efforts to inform Users of such actions and the general basis for them. The Company does not custody or accept User funds, and nothing in this section is intended to permit the arbitrary confiscation of User assets.

Feedback

S. You may voluntarily submit suggestions, improvements, or inquiries related to the Interface and the Liquary Services ("Feedback"). By submitting Feedback, you grant the Company a perpetual, irrevocable, non-exclusive, worldwide royalty-free license to use, implement, incorporate or commercialize such Feedback for any purpose without any obligation to you at our discretion. You represent that you hold the necessary rights to any submitted Feedback and that your submission does not infringe on third-party rights.

Handles, Avatars, and Profile Content

T. The Interface may allow you to reserve a short public name (a "Handle") and to associate an image or other display elements with your wallet address (together with the Handle, "Profile Content"). A Handle is a revocable licence to display a name on the Interface. It is not property, it is not an asset, it confers no ownership or equity, and it carries no monetary value.

U. The Company retains full and sole discretion over Handles and Profile Content. Without limiting the foregoing, the Company may at any time, with or without notice and without liability to you: (i) refuse, reserve, or withhold any Handle; (ii) reclaim, rename, release, or reassign any Handle, including where it impersonates or is likely to be confused with another person, entity, brand or trademark, where it was obtained through automated means, bulk registration, or circumvention of any eligibility requirement, where it is unlawful, deceptive or abusive, or where the Company is required to act by applicable law or by a competent authority; (iii) remove any image or other Profile Content; and (iv) withdraw your ability to set Profile Content.

V. Eligibility requirements for reserving a Handle, including any minimum trading activity, and any limit on how frequently a Handle may be changed, are determined by the Company and may be modified at any time in its sole discretion.

W. Handles may not be sold, purchased, leased, transferred or otherwise traded, whether on or off the Interface. Any attempt to do so is void and may result in the Handle being reclaimed.

X. You are solely responsible for your Profile Content. You represent and warrant that you hold all rights necessary to any image or other content you submit, that it infringes no third-party right, and that it is not unlawful, obscene or deceptive. A Handle or image that is released or reclaimed becomes available to others immediately, and the Company has no obligation to preserve it, restore it, or compensate you for it.

4. Non-Custodial Interface

A. The Interface provides a method, though not the only one, for interacting with the Protocols (as defined in Section 1). The Interface is separate and independent from the Protocols. The transactions will be conducted, processed and fulfilled by the Protocols. The Company does not own, manage, or control the Protocols or any blockchain validators, nor can it modify, halt, or reverse any on-chain transaction. You acknowledge that we have no obligation to, nor will we reverse or refund any transaction even if made erroneously.

B. When you initiate a transaction through the Interface, the Interface prepares the corresponding transaction or action data. Depending on the transaction, that data is either (i) presented for your review and signature with your Wallet, or (ii) signed by the Agent you have approved, within the limits described in Section 3.G.2. The signed transaction or action is then transmitted, by your Wallet or by the Interface (directly or through the Company's servers or third-party infrastructure, for example to attach the Company's builder attribution to a Polymarket order), to the applicable Protocol, which alone executes it. It is your sole responsibility to verify the transaction data before signing it, or before confirming an action that the Agent will sign. In transmitting a transaction, the Interface acts solely as a technical conduit: it never takes custody of any Digital Asset, does not execute, match, or settle any transaction, and does not act as your agent, broker, intermediary, or counterparty.

C. The Interface allows Users to make requests for transactions to be executed based on the occurrence or fulfillment of certain thresholds or parameters (such as where the value of an asset reaches a certain price) ("Transaction Requests"). All transactions executed pursuant to any Transaction Request are final and irreversible once confirmed on the applicable blockchain. In order for the User to place a Transaction Request, the corresponding amount of that User's Digital Assets needed to fulfil that Transaction Request will need to be reserved and locked. Such corresponding amount of the Digital Assets in the Wallet shall remain reserved and locked until the relevant Transaction Request is fulfilled, or until the relevant Transaction Request is cancelled/withdrawn or expires. You acknowledge and agree that for the period that a Transaction Request is placed and active, the corresponding amount of your relevant Digital Assets shall be unusable by you regardless of whether it is reflected on the balance of your Wallet. Certain Transaction Requests, such as chase orders, are managed by the Interface itself, which monitors the market and uses the Agent to place, modify, or cancel orders according to the parameters you set: these operate only while the Interface remains open and connected on your device, and stop if it is closed, loses connectivity, or your device goes to sleep. Other Transaction Requests, such as TWAP, take-profit, and stop-loss orders, are executed by the applicable Protocol under its own rules.

D. While the Company will use and implement commercially reasonable efforts and measures to maintain the security of the Interface, Users acknowledge and agree that there are inherent risks and flaws in the usage of technology and network communications and the transmission of data through the use of the internet. Consequently, there can be no guarantees that the Interface, the Transaction Requests, and any access, use, connection or interaction between the Interface and the User's Wallet will be secure and the same may be susceptible to security breaches, delays or failures.

E. You acknowledge and agree that the Company and the Interface shall not be liable or responsible to you or any third party for any losses, damage, costs, expenses, liabilities or any other harm arising from (a) your access and use of the Interface to place Transaction Requests; (b) any transactions or actions taken by the Company and the Interface (whether automated or not) necessary for the fulfilment of the Transaction Requests; (c) any security breach, unauthorized access, security compromise of your wallet as a result of any access, use, connection or interaction between the Company, the Interface and the User's Wallet in the course of fulfilling any Transaction Requests.

F. Once confirmed on the network, blockchain transactions cannot be reversed. You are solely responsible for maintaining your own records of on-chain activity and for fulfilling any applicable tax or regulatory obligations. The Company does not guarantee that any records accessible through the Interface will remain available permanently.

G. Neither the Company nor the Interface holds, stores, or has access to the private keys or recovery phrases of your Wallet or Embedded Wallet, and neither can restore or recover access to any wallet. The private key of the Agent is stored only in your browser: clearing your browser storage removes it from the Interface and the Company cannot recover it, although you may approve a new Agent at any time.

5. Third-Party Components, Integrations, Content, Services and Links

A. The Interface may depend on, interact with, or provide access to third-party services, software, or infrastructure, including but not limited to non-custodial wallets, remote procedure call (RPC) providers, data partners, oracles, bridges, swap aggregators, cloud-service providers, analytics tools, and blockchain protocols such as Hyperliquid (collectively, "Third-Party Components").

B. When you use the Interface and any Liquary Service made available thereon, you may also be using the functionality, application, software or service of one or more Third-Party Components. Your use of those Third-Party Components will be subject to the privacy policies, terms of use, and fees of those Third-Party Components. We have no responsibility for any content created by Third-Party Components that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable to you or under the law in your jurisdiction. Dealing or correspondence with any third party that provides such content or services is solely between you and that third party. We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on the use of any such content and Third-Party Component at any time without notice.

C. You acknowledge that all Third-Party Components are operated by independent third parties and are not controlled by the Company. The Company does not own, manage, endorse, or guarantee the performance, accuracy, availability, reliability, or security of any Third-Party Component, and provides no representations or warranties of any kind regarding them.

D. You agree that the Company shall not be liable for any loss, damage, or consequence arising from or related to your use of, reliance on, or interaction with any Third-Party Component integrated with or accessed through the Interface.

E. If you choose to interact with any third-party service (including any Third-Party Component), you do so entirely at your own risk.

Polymarket

F. Certain Markets displayed on the Interface are also listed on Polymarket, a prediction market operated by third parties independent of the Company, with its own order book and smart contracts on the Polygon network ("Polymarket"). Polymarket is a Third-Party Component. Prices, order books, fees and positions shown for Polymarket are provided by Polymarket and displayed for information and comparison.

G. If you choose to place an order on Polymarket through the Interface: (i) your Wallet authorizes the creation, on the Polygon network, of a smart-contract wallet that only your Wallet controls (the "Polymarket Wallet"), together with the approvals that trading on Polymarket requires; (ii) at your instruction and with your Wallet's signature, the Interface can move USDC from your HyperCore balance, or tokens held by your Wallet on the Polygon network, to your Polymarket Wallet, and move funds from your Polymarket Wallet back to your HyperCore balance, through Polymarket's bridge and the other bridges involved; and (iii) your orders are submitted to Polymarket's order book either as immediate orders, which fill what is available within the price limit shown and cancel the rest, or, at your choice, as limit orders, which rest on the order book until they are filled, cancelled, or expire; all such orders carry the Company's builder attribution code. The Company never holds the funds or positions in your Polymarket Wallet: they are yours, governed by Polymarket's smart contracts and terms of use, and selling or claiming them takes place on Polymarket, including through the Interface.

H. The restrictions set out in Section 3, including those relating to Restricted Persons and Prohibited Jurisdictions, apply in full to the Polymarket features of the Interface and to any order placed on Polymarket through the Interface. Polymarket also applies its own eligibility rules and geographic restrictions, which apply in addition to Section 3, and the Polymarket features available to you may be limited accordingly, for example to selling or claiming existing positions. The availability of Polymarket, or of any Polymarket feature, in any location never makes the Interface or any Liquary Service available in a Prohibited Jurisdiction.

I. Any comparison between Hyperliquid and Polymarket shown on the Interface (including prices, fees, expected returns and the venue an order is directed to) is an estimate computed from the order books at the time it is displayed. Order books change continuously and orders may fill partially, at different prices, or not at all. The Company does not guarantee best execution, nor that the venue shown as preferable remains so when your order is executed.

J. Transfers through Polymarket's bridge, or any other bridge, are operated by third parties and the networks involved, may take time, and are subject to the minimum amounts those third parties set. The Company does not control them and cannot reverse them.

6. Fees and Taxes

A. The Company may charge a fee for the use of the Interface on transactions made on or via the Interface (the "Interface Fee"). The Interface Fee applicable to a transaction is displayed in the Interface before you confirm it, and the Company may reduce, waive, or reinstate it at any time. As of the date of these Terms, the Interface Fee, where charged, does not exceed the following rates:

• Hyperliquid perpetual futures: 0.025% of the notional value for orders that remove liquidity from the order book, and 0.01% for orders that add liquidity, both decreasing as your trading volume increases;
• Hyperliquid spot markets: 0.03% of the notional value for orders that remove liquidity from the order book, and 0.008% for orders that add liquidity, both decreasing as your trading volume increases;
• Hyperliquid prediction markets: 0.05% of the notional value;
• swaps and bridges executed through third-party aggregators: 0.15% of the amount swapped or bridged, included in the quote displayed before you confirm; and
• Polymarket: the builder fee described in paragraph G below.

On Hyperliquid, the Interface Fee is collected by Hyperliquid as a builder fee and can never exceed the maximum rate you approved with your Wallet, which is 0.1% of the notional value. The Company may revise the Interface Fee within the limits above, or within that maximum, at any time; any revision will be reflected in the Interface before it applies to your transactions, and any transaction you confirm after a revision constitutes your acceptance of the revised Interface Fee.

B. You may in addition be charged gas fees or transaction fees on the deposit, withdrawal, swaps or other transactions relating to the Digital Assets, or other fees or charges imposed by Third-Party Components when you rely on their services through the Interface ("Third Party Fees"). Where applicable, gas fees are paid to the third parties and network of computers that operate the blockchain or process the transactions and are not paid to us. Such Third Party Fees often fluctuate based on a number of factors, all of which are not under our control, and may therefore change at any time without notice.

C. By using the Liquary Services, you agree to pay any such fees or charges (including the Interface Fee, if any, and the Third Party Fees) imposed for the use of such Liquary Services.

D. Although each of the Company or the Third-Party Component endeavors to provide an accurate estimate of the final quote, any such information only represents an estimation of the applicable fees or charges, which may vary from the fees or charges actually paid.

E. We have no control over blockchain transactions or transactions processed by Third-Party Components, nor do we have the ability to reverse any payments or transactions made through them. We do not provide refunds for any fees, payments or transactions that you might make on or through the Interface.

F. You are solely responsible for determining and paying any and all sales, use, value-added and other taxes, duties, and assessments (excluding taxes imposed on our net income) now or hereafter claimed or imposed by any tax or other governmental authority associated with your use of the Interface (collectively, the "Taxes").

G. Orders placed on Polymarket through the Interface are subject to Polymarket's own trading fees and to any builder fee the Company sets for orders attributed to it, within the limits set by Polymarket (as of the date of these Terms, 1% for orders that remove liquidity and 0.5% for orders that add liquidity), which Polymarket collects on the Company's behalf. Where charged, these fees are displayed in the Interface before you confirm an order.

7. Programs and Rewards

Programs

A. The Company may, in its sole discretion, run promotions or programs for participants from time to time (each a "Program"). The terms and conditions applicable to any Program will be determined by the Company in its sole discretion and communicated to participants and will apply in addition to these Terms. If those terms conflict with these Terms, the relevant provision of such Program terms will prevail only to the extent of the conflict, and only for the participants of that Program only during the duration of such Program.

Program Changes

B. The Company reserves the right to modify, suspend, or discontinue any Program at any time without notice or liability to participants. The Company reserves the right to modify or cancel any benefits if compliance with applicable laws requires such actions. Participation in any Program is entirely voluntary, and the Company makes no guarantee as to the availability, rewards, or functionality of any Program.

Program Disclaimer

C. You acknowledge and agree that any benefits earned under a Program: (i) have no cash value unless explicitly stated otherwise in writing; (ii) may be subject to additional conditions for redemption; (iii) are not guaranteed and may be cancelled or forfeited at the Company's sole discretion, including for compliance or legal reasons; and (iv) are subject to applicable laws and regulations, which may restrict or prohibit participation in certain jurisdictions.

User Rewards and Points

D. Subject to these Terms, every eligible User may receive virtual reward Points ("Points") based on their interactions and activity on the Interface, as determined solely by the Company. The allocation, accrual, and distribution of Points shall be governed by internal policies of the Interface, which may be modified or suspended at any time without prior notice.

E. Points are virtual reward tokens with no intrinsic or monetary value. They are not redeemable for fiat currency, cryptocurrency, or any other financial benefit, unless expressly authorized in writing by the Company. Points do not represent ownership, equity, or entitlement in any entity, and may not be sold, exchanged, or transferred except as expressly permitted by the Company. Points do not confer any right, expectation, or entitlement to receive any future token, airdrop, or other digital asset.

F. All decisions by the Company with respect to the issuance of Points, eligibility for rewards, or prize distribution shall be final and binding. The Company reserves the right to modify, suspend, or terminate the rewards system, or any aspect thereof, at any time for any reason, including abuse, fraud, or legal or regulatory concerns, without liability to the Users.

Referral Program

G. The Company may allow eligible Users to invite others to the Interface through a referral link (the "Referral Program"). As of the date of these Terms: (i) creating a referral link requires a minimum trading volume through the Interface set by the Company (currently USD 10,000), unless the Company grants access by invitation; (ii) a referrer may earn a share of the Interface Fees actually collected by the Company on the activity of the Users they referred (currently 10%, or any other rate the Company agrees in writing with a particular referrer); and (iii) earned amounts are paid in USDC to the referrer's Hyperliquid account, may be held for a maturation period before becoming claimable, may expire if not claimed, and can be claimed once the claimable balance reaches a minimum set by the Company (currently USD 5).

H. Referral rewards are an exception to paragraph C(i) above and to Section 3.L: they have cash value, and you may promote your referral link, provided that you do so lawfully, without misleading statements or unsolicited messages, and without targeting any Restricted Person or Prohibited Jurisdiction. Referring yourself or wallets you control, wash trading, and any activity whose purpose is to generate Interface Fees rather than genuine trading are prohibited, and the Company may withhold or cancel any reward accrued through such activity. The Company may modify the rates, thresholds, and rules of the Referral Program, or end it, at any time. You are solely responsible for any taxes on referral rewards.

8. Intellectual Property Rights

A. Unless otherwise indicated, the Interface and the Liquary Services contained therein, including any Company Trademarks (defined below), interfaces, infrastructure, branding media, web applications, mobile applications, software tools, analytics, computer code, metadata, materials, design elements, text, images, photographs, illustrations, animation, content, data compilations, media files, artwork, visual content, graphic material, educational materials, proprietary information, graphics and visual effects, as well as any accompanying documentation, and all legally protectable elements of the foregoing (the "Interface Content"), are our property and, where applicable, the property of our licensors or suppliers.

B. "Intellectual Property Rights" refer to patents, utility models, rights to inventions, copyright and neighboring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered. "Company Trademarks" means any and all logos, trademarks, service marks, domain names, associated branding, and trade dress associated with the Interface, including the "Liquary" name. You are not permitted to use the Company Trademarks without prior written consent.

C. The animations, page headers, custom graphics, button icons, style sheets and scripts that contribute to the look and feel of the Interface are service marks, trademarks or trade dress that belong to us and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not expressly authorized by us in writing.

D. Some components of the Interface may incorporate open-source or third-party software subject to separate license terms. All other components and the associated Intellectual Property Rights are owned by the Company.

E. Except as expressly provided otherwise, nothing in these Terms shall be interpreted as granting any license of Intellectual Property Rights of the Interface Content to you. You may not remove, delete or obscure any trademark notice, copyright notice or other intellectual property notice in any part of the Interface.

IP Infringement Notices

F. If you believe content accessible via the Interface infringes your intellectual property rights, please contact us at legal@liquary.xyz with: (i) a description of the copyrighted work or other intellectual property you claim has been infringed; (ii) a description of where the allegedly infringing material is located on the Interface; (iii) your contact details; and (iv) a statement that you have a good-faith belief that the use is not authorized by the intellectual property owner, its agent, or applicable law. The Company will investigate and respond to valid notices in accordance with applicable law.

User-Generated Content

G. The Interface may enable you to upload, post, or submit content, including text, images, metadata, suggestions, feedback, or other materials ("User Content"). By submitting any User Content, you represent and warrant that you possess all rights necessary to submit and license such content, that the User Content does not infringe upon any third-party rights, and that your content does not contain unlawful, defamatory, tortious, obscene, threatening, or harmful material. The Company may remove or delete any User Content at its sole discretion.

H. By submitting User Content, you grant the Company a perpetual, worldwide, irrevocable, fully paid up, non-exclusive, royalty-free, transferable, and sublicensable right and license to use such User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised, for any purpose whatsoever (whether commercial or otherwise).

I. The Company does not guarantee that it will retain or store any User Content, and shall not be liable for any inability to access or retrieve your User Content. You are solely responsible for retaining backups or copies of your own User Content, and for ensuring that any User Content you submit complies with any applicable laws and third-party rights.

9. Indemnification

A. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Company, its parent, its subsidiaries, its affiliates, its licensors, and each of their respective successors, assigns, officers, directors, employees, agents, and representatives (collectively, "Indemnitees") from and against any and all third-party claims, damages, losses, liabilities, costs, injuries, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• your breach of these Terms;
• your access to or use of the Interface or the Liquary Services, including any transactions made through it;
• your violation of any applicable law or the rights of any third party;
• any act or omission by you or persons accessing the Interface or the Liquary Services via your account;
• any claims of infringement or misappropriation of intellectual property, privacy, or other rights by your actions or content;
• any false, misleading, or fraudulent statements made by you in connection with your use of the Interface or the Liquary Services; or
• any other forms of misuse of the Interface or the Liquary Services.

10. Suspension, Restriction of Access, and Termination

A. These Terms are effective upon your first access and use of the Interface, and shall remain in effect until they are terminated or superseded by New Terms (as defined in Section 13 below), or, if neither of the foregoing events occur, as long as you continue using the Interface.

B. You may cease accessing or using the Interface at any time without notice to us. The Company reserves the right to terminate these Terms at any time for any reason, or for no reason, with or without notice to you.

C. The Company reserves the unrestricted right to suspend, restrict, or permanently revoke your access to any part of the Interface at any time without notice and for any reason, including suspected or actual violations of these Terms or applicable laws, or for no reason. Identified access from a Prohibited Jurisdiction may result in suspension or termination of access. The Company shall not be liable to you or any third party for any modification, suspension, or discontinuance of your access.

11. Disclaimers and Limitations of Liability

No Warranties

A. To the fullest extent allowed by applicable law, the Interface, the Liquary Services and all features are made available strictly on an "as is", "as available", "with all faults" and "under development" basis, without warranties of any kind (express, implied, statutory, or otherwise), including without limitation any implied warranties of condition, uninterrupted or error-free use, merchantability, fitness for a particular purpose, noninfringement, title, accuracy, completeness, reliability, security, uptime and those arising from course of dealing or usage of trade. We make no representations that access to the Interface will be continuous, uninterrupted, timely, or secure.

Digital Asset Related Disclaimers

B. The Company and the Interface and the Liquary Services could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit your ability to access or use the Interface and the Liquary Services. The Company, the Interface and the Liquary Services are not registered or licensed by any governmental or regulatory authority or agency. No such governmental or regulatory authority or agency has reviewed or approved the Company, the Interface or the Liquary Services.

C. You acknowledge and agree that blockchain and decentralized technologies are an emerging technology and progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to smart contracts, Digital Assets, the Interface, and the Liquary Services which could result in the theft or loss of your cryptographic tokens or property, among other potential consequences.

D. You acknowledge and agree that Digital Assets, blockchain technologies and associated assets are highly volatile due to many factors including but not limited to popularity, adoption, speculation, regulation, technology and security risks. The cost of transacting on such technologies is variable and may increase at any time. The Company does not invite or make any offer to acquire, purchase, sell, transfer or otherwise deal in any Digital Asset.

E. There are risks associated with using an Internet-based currency, including the risk of hardware, software and Internet connections failure or problems, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Wallet.

F. You acknowledge and agree that the Interface and the Liquary Services available thereon are software code and are subject to flaws and acknowledge that you are solely responsible for evaluating any smart contract, code provided by the Interface and the trustworthiness of any Third-Party Component you access. You accept all risks that arise from using the Interface and the Liquary Services, including the risk of any funds being lost due to a failure or exploit.

G. Any and all information provided in connection with your access and use of the Interface should not and may not be construed as legal, tax, investment, financial, professional or other advice. You should not take any action based on any information contained on the Interface, including blog posts, articles, links to third-party content, discord or telegram content, news feeds, tutorials, tweets and videos. Before you make any financial, legal or other decisions involving the Interface, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate. The Terms are not intended to, and do not, create or impose any fiduciary duties on us.

H. The following risks are associated with Digital Assets, the Interface, the Liquary Services and blockchain-based technologies in general: the risk of losing private keys, theft resulting from third parties discovering your private key, disruptions to the Interface caused by network congestion, lack of usability of, or loss of value with respect to, digital assets due to a hard fork or other disruption to the applicable blockchain, or errors, bugs, or vulnerabilities in the smart contract code associated with a given Digital Asset or transactions involving Digital Assets.

I. Upgrades, forks or changes to the blockchain or a change in how transactions are confirmed on the blockchain may have unintended, adverse effects. In the event of a change to an underlying blockchain network, or other network disruption, resulting in a fork of the existing blockchain into one (or more) additional blockchains, the Interface and the Liquary Services may halt and stop functioning.

J. The Digital Asset industry is subject to systemic and systematic risk. Systemic risk is the risk that a company or industry-level risk could trigger a major collapse. Systematic risk is the risk inherent to the entire market, which can be economic, sociopolitical, technological, or natural in origin.

Limitation of Liability

K. To the fullest extent permitted by applicable law, neither the Company, its directors, officers and employees, nor its suppliers, third party partners or licensors will be liable to you for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages of any kind, including without limitation damages for loss of profits, goodwill, use, data or other tangible or intangible losses or any other damages based on contract, tort, strict liability, infringement of intellectual property or theft or misappropriation of property or any other theory (even if the Company had been advised of the possibility of such damages), resulting from (i) the Interface and any Liquary Services made available thereon; (ii) the use or the inability to use the Interface and any Liquary Services available thereon; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements, content or conduct of any third party on the Interface; (v) any actions the Company takes or fails to take as a result of communications you send; (vi) human errors; (vii) technical malfunctions; (viii) failures, including public utility or telephone outages; (ix) omissions, interruptions, latency, deletions or defects of any device or network, providers, or software; (x) any injury or damage to computer equipment; (xi) inability to fully access the Interface or any Liquary Services or any other website; (xii) theft, tampering, destruction, or unauthorized access to images or other content of any kind; (xiii) data that is processed late or incorrectly or is incomplete or lost; (xiv) typographical, printing or other errors, or any combination thereof; or (xv) any other matter relating to the Interface and any Liquary Services made available thereon.

L. In no event shall the Company's total cumulative liability to you, for all claims arising under or relating to these Terms, exceed the amount of one hundred US dollars (USD $100).

M. The Company, its directors, officers and employees will not be responsible or liable to you for any losses you incur as the result of your use of any applicable blockchain through the Interface and the Liquary Services, including but not limited to any losses, damages or claims arising from: (i) user error, such as incorrectly construed smart contracts or other transactions; (ii) server failure or data loss; (iii) corrupted wallet files; (iv) intellectual property infringement by Users; (v) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, bruteforcing or other means of attack against the Interface and any Liquary Services made available thereon.

Assumption of Risk

N. Without limiting the generality of the foregoing, you expressly acknowledge and agree that you will have no recourse against the Company for any losses arising from or relating to: (i) incorrect information, including any displayed token values or transaction details; (ii) failures of blockchain networks; (iii) wallet errors or incompatibilities; (iv) unauthorized access to wallets or accounts; (v) errors or inaccuracies in the Interface or its underlying software; (vi) failures of, or actions by, Third-Party Components; (vii) slippage or market inefficiencies; (viii) any malfunction or failure of any Protocol; or (ix) regulatory actions or legal uncertainties affecting the availability or use of the Interface.

Equitable Remedies

O. You agree that the Company would be irreparably damaged if the sections of these Terms were not specifically followed and enforced. In such an event, you agree that the Company shall be entitled, without bond or other security, or proof of damages, to appropriate equitable relief in the event you breach these Terms; and that the awarding of equitable relief to the Company will not limit its ability to receive remedies that are otherwise available to the Company under applicable laws.

12. Governing Law, Arbitration, and Dispute Resolution

Governing Law

A. Unless these Terms include express language to the contrary, all Disputes (as defined below) shall be governed by and construed under the laws of the State of Wyoming, United States of America, without regard to choice of law or conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. This paragraph will be interpreted as broadly as applicable law permits.

Applicability of this Dispute Resolution Policy

B. This binding individual arbitration section will not apply to the extent prohibited by the laws of your country of residence. To the fullest extent allowed by applicable law, you and the Company agree to submit all Disputes between us to individual, binding arbitration. A "Dispute" means any dispute, claim, or controversy (except those specifically exempted below) between you and the Company that relates to any aspect of our relationship, including, without limitation, your use or attempted use of the Interface, and all marketing related to them, any licensed content, and all matters arising under these Terms, the Company's Privacy Policy, or any other agreement between you and the Company, including the validity and enforceability of this agreement to arbitrate. A Dispute shall be subject to binding, individual arbitration regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. This includes claims that accrued before you entered into these Terms. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.

Pre-Arbitration Negotiation

C. In an effort to accelerate resolution and reduce the cost of any Dispute related to, or arising out of, these Terms, you and the Company (collectively, the "Parties") agree to first attempt to negotiate any Dispute informally for at least forty-five (45) days before either party initiates any arbitration (the "Pre-Arbitration Negotiation Period"). The party raising a dispute must provide written notice to the other party describing the nature and basis of the dispute ("Dispute Notice"). Notice must be provided within one (1) year of: (a) the Dispute having arisen or (b) the date the party raising the dispute knew of the facts giving rise to such claim, whichever is later, but in no event after the date on which the initiation of legal proceedings would have been barred under the applicable statute of limitations. The failure to provide timely notice shall bar all claims, and you and the Company expressly agree to this contractual limitation period. The receiving party shall respond within twenty (20) days and the negotiations begin upon receipt of written notice by the party raising the Dispute. You will send your notice to the Company at legal@liquary.xyz.

Binding Arbitration

D. If a Dispute cannot be resolved through negotiations, either you or the Company may elect to have the Dispute finally and exclusively resolved by binding arbitration. The provision by you of a notice to the Company, containing all of the information referenced above, and your good-faith participation in the Pre-Arbitration Negotiation Period, are prerequisites to commencing arbitration.

E. Any Dispute as to any matter arising under, out of or in connection with these Terms (including but not limited to any question regarding its existence, validity or termination) shall be referred to and finally and exclusively determined by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules then in effect. The seat and legal place of arbitration shall be New York, New York, United States of America. The language of arbitration shall be English. The Tribunal shall consist of one arbitrator appointed in accordance with the AAA Commercial Arbitration Rules. Judgment on the arbitral award may be entered in any court of competent jurisdiction. The arbitral award shall be valid, final and binding on each of the Parties.

F. The arbitration proceedings described herein will be conducted on an individual basis only. The arbitrator may not consolidate disputes against the Company by other individuals or entities unless the Company expressly consents to such consolidation. These Terms provide no right or authority for any Dispute to be arbitrated, adjudicated, or resolved through proceedings on a class or representative basis or using class action procedures.

Waiver of Class Actions

G. To the fullest extent allowed by applicable law, you and the Company agree that any Dispute shall be brought solely in your individual capacity and neither you nor the Company may participate as a class representative, private attorney general, or as a member of any class of claimants for any Dispute subject to arbitration or for any non-arbitrable claim pursued in court. If, for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, you agree that the parties' contract to arbitrate is then entirely void.

Exceptions to Negotiations and Arbitration

H. You and the Company agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration:

• any Dispute seeking to enforce or protect, or concerning the validity of, any of the Company's intellectual property rights;
• any Dispute related to, or arising from, claims that the other party has committed piracy;
• individual actions duly filed in a small-claims court of competent jurisdiction on a non-representative basis;
• enforcement actions pursued through a governmental agency if permitted by applicable law;
• the Company's right to seek injunctive relief to preserve the status quo pending or during an arbitration.

Forum and Jury Waiver

I. Any Dispute that is not subject to arbitration under these Terms (other than an individual action in a small-claims court), and any application for interim or injunctive relief, shall be brought exclusively in the state or federal courts located in the State of Wyoming, United States of America, and you and the Company irrevocably submit to the personal jurisdiction of those courts and waive any objection based on venue or forum non conveniens. Judgment on an arbitral award may be entered in any court of competent jurisdiction. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUCH PROCEEDING.

13. Amendments and Interface Changes

A. The Company reserves the right to revise, amend, or update these Terms at any time, at its sole discretion, thereby creating updated versions of these Terms (each a "New Terms"). These Terms will terminate immediately upon the introduction of a New Terms with a new "Last Updated" date stated in such New Terms. The New Terms will be effective upon publication on the Interface unless a different effective date is explicitly stated in the New Terms. Your continued access to or use of any part of the Interface following the publication of the New Terms constitutes your binding acceptance. If you do not agree to the New Terms, you must immediately discontinue use of the Interface. Any New Terms will not be applied retroactively and cannot alter the process for resolving a Dispute between us once you have notified the Company of a Dispute.

B. The Company may make changes to the Interface and the Liquary Services including its user interfaces, functionalities, or any specific tools or features offered, without prior notice. At any time, the Company may suspend, discontinue, restrict, or disable access to the Interface or any part of the Liquary Services. The Company shall not be liable to you or any third party for the impact or consequences of these decisions.

14. General Terms

Entire Agreement

A. These Terms, together with any documents, policies, or notices expressly incorporated by reference, constitute the full and binding agreement between you and the Company regarding its subject matter and supersedes and extinguishes any prior agreements, representations, promises, assurances, understandings, or communications pertaining to the subject matter herein.

Data Protection and Privacy

B. In the course of your access or use of the Interface or any Liquary Service, we may be required to collect, use, disclose or process certain data (including personal data) belonging to you. In this regard, we will collect, use, disclose and process your personal data in accordance with applicable data protection and privacy laws, and as set out in our Privacy Policy.

No Partnership or Agency; Assignment

C. These Terms or your usage of the Interface and the Liquary Services do not create any partnership, joint venture, agency, fiduciary, or employment relationship between you and the Company. You may not assign, delegate, sublicense, subcontract, or transfer any of your rights or obligations under these Terms without the Company's prior written consent. Any purported assignment in violation of this provision shall be void. The Company reserves the right to freely assign or transfer these Terms, in whole or in part, to any person or entity at any time without notice, your consent or restriction.

No Waiver

D. No failure or delay by the Company in exercising any right or remedy under these Terms or in enforcing a provision of these Terms shall constitute a waiver of such right or provision or the diminishment of any right to enforce these provisions. Any waiver must be expressly stated in writing signed by an authorized representative of the Company.

Severability

E. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.

Survival

F. Provisions that by their nature should survive termination of these Terms shall do so, including without limitation Sections 3, 4, 5, 6, 7, 8, 9, 11, 12 and 14.

Language

G. These Terms, the Privacy Policy, and the Interface may be made available in several languages for the convenience of Users, including Users who reside in a permitted jurisdiction but prefer a language that is also spoken in a Prohibited Jurisdiction. The availability of a language does not mean that the Interface or any Liquary Service is offered in, or directed at, any country where that language is spoken, and does not alter Section 3. The English version of these Terms and of the Privacy Policy is the only binding version: in case of any inconsistency between the English version and a translation, the English version prevails.

15. Contact Us

For any concerns or clarifications regarding these Terms, you may contact us at hello@liquary.xyz.