ThirdPay Wallet is created and overseen by ThirdPay Limited ("ThirdPay Limited," "we," "us," or "our"), a frontrunner in blockchain software innovation. We are dedicated to utilizing decentralized technologies, like Solana, to revolutionize commerce and finance, thereby improving business functionality. ThirdPay Limited operates a primary domain at https://ThirdPay.io/, which disseminates information regarding our organization and the assortment of products and services we provide (collectively, the "Offerings"). This website, including its subdomains (collectively, the "Site"), offers a variety of resources such as text, images, audio, code, and materials provided by third parties.

These Terms of Use, including their appendix (hereinafter the “Terms,” “Terms of Use,” or “Agreement”), govern the stipulations under which you may use the Site and the Offerings provided by us. This Agreement establishes the legal relationship between us and you or the entity you represent (“you” or “your”). It is crucial to examine these Terms of Use carefully before using the Site or Offerings. By accessing the Site, opting to accept or agree to these Terms when this choice is presented, accessing any of the Offerings, executing an Order, or, if earlier, utilizing or otherwise accessing the Offerings (whichever of these events occurs first being the “Effective Date”), you (1) recognize and consent to be bound by these Terms and any supplementary terms applicable to specific Additional Offerings (as defined below), as well as the rules and participation conditions periodically issued by ThirdPay Limited, and (2) agree to the collection, use, disclosure, and other processing of information as described in our Privacy Policy. If you do not consent to the Terms or fail to fulfill any responsibilities accepted under the Terms, you will be precluded from accessing or using the Offerings.

You affirm to us that you are legally competent to enter into agreements. If you are entering into this Agreement on behalf of an entity, such as your employer, you confirm that you have the authority to bind that entity. Please refer to Section 13 for definitions of certain capitalized terms used in this Agreement.

Additionally, you warrant to us that you (1) are not subject to any sanctions or included on any list of prohibited or restricted parties, which includes, but is not limited to, those maintained by the United Nations Security Council, the U.S. Government (such as the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of the Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, the United Kingdom, or any other relevant government authority, and (2) are not located in any country that is the subject of a comprehensive sanctions program implemented by the United States.
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1.1 General Usage.
Your access to and use of the Services must conform to the guidelines stipulated in this Agreement. By accepting this Agreement, you undertake to comply with its provisions as well as all applicable laws, regulations, and statutes pertinent to your use of the Services.

1.2 Services and Accessibility.
ThirdPay Limited provides various Services either under its brand or through authorized third-party vendors. Typically, these Services are accessible via the Site or through approved third-party platforms, such as Google Play or the Apple App stores, unless specifically stated otherwise. Some Services may require the creation of a ThirdPay Limited account, submission of valid payment information, or the initiation of an Order.

1.3 Third-Party Content and Services.
Certain Services, like ThirdPay Wallet Swaps, Bridging and Staking, may provide access to informational content, products, or services from one or more third-party providers ("Third-Party Content" and "Third-Party Services" respectively). By accessing or using such content and services, you acknowledge that you do so at your own volition. While this Agreement governs your use to a degree, you should also note that Third-Party Content and Third-Party Services are generally subject to distinct terms and conditions set by the respective providers. These terms may include additional fees, disclaimers, or risk warnings about the accuracy of information provided. Furthermore, the privacy policies of third-party service providers may differ from that of ThirdPay Limited and are crucial for understanding how your information is used.

Third-Party Content and Third-Party Services are offered solely for your convenience. We do not verify, curate, or exert control over Third-Party Content. Additionally, we do not govern Third-Party Services. As such, we do not assure, endorse, or recommend such content or services to all users of the Offerings, nor do we advocate their use for any specific purpose. Your access, reliance upon, or use of any Third-Party Content or Third-Party Service is at your own risk. ThirdPay Limited disclaims any responsibility and liability for any losses incurred due to your reliance upon or use of such content or services. We assume no responsibility for Third-Party Content that may be misleading, incomplete, erroneous, offensive, indecent, or objectionable to you or according to the law in your jurisdiction. The decision to rely on Third-Party Content or to use a Third-Party Service rests solely with you, and you are solely responsible for ensuring that your reliance or use complies with all applicable laws. Any dealings or correspondence with third parties providing such content or services are solely between you and those third parties. We reserve the right to modify, suspend, remove, disable, or impose access restrictions or limits on the use of any Third-Party Service at any time without prior notice.

1.4 Support.
You may seek or receive technical or product support, information, advice, or guidance from us regarding the Offerings, including via third-party service provider or email. All support provided by or on behalf of ThirdPay Limited is deemed reliable, yet we do not assert or warrant, whether express or implied, its accuracy, completeness, or the outcomes that may be obtained. Such support is offered for informational purposes only and, by accepting such support, you represent that you possess sufficient skill and experience regarding the appropriate selection, use, and/or application of Offerings and employ such Offerings at your own discretion and risk. You absolve us of any and all liability that may result from the support you receive from us. You are aware that our customer support efforts may be impersonated by malicious third parties, and you acknowledge that we are not responsible for the actions of such impersonators. You further recognize that we will not provide support via SMS, WhatsApp, Telegram, WeChat, or ‘X’ DMs, and that we will never request your private key or secret recovery phrase or for you to make a payment to us.

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2.1 **To the Offerings.** We may modify or discontinue any or all of the Offerings or alter or remove functionality of any or all of the Offerings from time to time. We will make commercially reasonable efforts to inform you of any discontinuation of an Offering through the Site or public communication channels. If you are on a Paid Plan, we will make commercially reasonable efforts to notify you of any discontinuation of the Offering at least 30 days in advance of such discontinuation, and we will make commercially reasonable efforts to continue supporting the Offering for up to three months after the discontinuation, except if doing so (a) would pose an information security or intellectual property issue, (b) is economically or technically burdensome, or (c) would create undue risk of us violating the law.

2.2 **To this Agreement.** We reserve the right, at our sole discretion, to modify or replace any part of this Agreement or any Policies at any time. It is your responsibility to check this Agreement periodically for changes, but we will also make commercially reasonable efforts (in our sole discretion) to communicate any material changes to this Agreement through the Site, email (if you have an account), or public channels. You agree that your continued use of or access to the Offerings following the posting of any changes to this Agreement constitutes acceptance of those changes, whether or not you were checking for changes or actually read the changes.
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3.1 Use of the Offerings.
For any Offerings, whether they require that you set up an account with ThirdPay Limited (such as Diligence) or they do not (such as ThirdPay Wallet), and except to the extent caused by our breach of this Agreement, (a) you are responsible for all activities that occur with respect to your use of the Offerings, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your contractors, agents or other End Users), and (b) we and our affiliates are not responsible for unauthorized access to the Offerings or your account, including any access that occurred as a result of fraud, phishing, or other criminal activity perpetrated against you by third parties. You will ensure that your use of the Offerings does not violate any applicable law.

3.2 Your Security and Backup.
You are solely responsible for properly configuring and using the Offerings and otherwise taking appropriate action to secure, protect, and backup your accounts and/or Your Content in a manner that will provide appropriate security and protection, which might include use of encryption. If you are not able to be responsible for your own account security, or do not want such an obligation, then you should not use the Offerings. Your obligations under this Agreement include ensuring any available software updates or upgrades to an Offering you are using are promptly installed or implemented, and recording and securely maintaining any passwords or secret recovery phrases that relate to your use of the Offerings. You acknowledge that certain methods of securing your secret recovery phrase, such as storing it as a digital file anywhere, including on your personal device or on a cloud storage provider, increase the risk that your account or secret recovery phrase will be compromised. You further acknowledge that you will not share with us nor any other third party any password or secret recovery phrase that relates to your use of the Offerings, and that we will not be held responsible if you do share any such password or phrase, whether you do so knowingly or unknowingly. For the avoidance of doubt, we take no responsibility whatsoever for any theft of a secret recovery phrase that involved intrusion through any means into your personal device or a cloud provider’s data repository.

3.3 Log-In Credentials and API Authentication.
To the extent we provide you with log-in credentials and API authentication generated by the Offerings, such log-in credentials and API authentication are for your use only and you will not sell, transfer, or sublicense them to any other entity or person, except that you may disclose your password or private key to your agents and subcontractors performing work on your behalf.

3.4 Applicability to Offerings that facilitate access to addresses on blockchain protocols.
For the avoidance of doubt, the terms of this Section 3 are applicable to all Offerings such as ThirdPay Wallet through which you generate a public/private key pair (which can be thought of as a blockchain account and related password) either with a blockchain protocol directly or with Third Party Offerings, such as decentralized applications. You are solely responsible for the use and security of these security keys and that we will not be held responsible if you share any keys or secret recovery phrases with anyone else, whether knowingly or unknowingly.

4.1 Publicly Available Offerings.
Some Offerings may be offered to the public and licensed on a royalty free basis, including Offerings that require a Paid Plan for software licensing fees above a certain threshold of use. These terms apply to all Offerings regardless of whether they require a Paid Plan.

4.2 Offering Fees.
If your use of an Offering does not require an Order or Paid Plan but software licensing fees are charged contemporaneously with your use of the Offering, those fees will be charged as described on the Site or in the user interface of the Offering. Such fees may be calculated by combining a fee charged by us and a fee charged by a Third Party Offering that provides certain functionality related to the Offering. For those Offerings which entail an Order or Paid Plan, we calculate and bill fees and charges according to your Order or Paid Plan. For such Offerings, on the first day of each billing period, you will pay us the applicable fees (the “Base Fees”) and any applicable taxes based on the Offerings in the Paid Plan. In addition, for particular Orders, we may issue an invoice to you for all charges above the applicable threshold for your Paid Plan which constitute overage fees for the previous billing period. If you make any other changes to the Offerings during a billing period (for example, upgrading or downgrading any applicable current or future Paid Plan), we will apply any additional charges or credits to the next billing period. We may bill you more frequently for fees accrued at our discretion upon notice to you. You will pay all fees in U.S. dollars unless the particular Offering specifies a different form of payment or otherwise agreed to by you and us in writing. All amounts payable by you under this Agreement will be paid to us without setoff or counterclaim, and without any deduction or withholding. Fees and charges for any new Offering or new feature of an Offering will be effective when we use commercially reasonable efforts to communicate updated fees and charges through our Site, the interface of the Offering itself, or other public channels or, if you are on a Paid Plan, upon commercially reasonable efforts to notify you directly, but we may expressly state when notifying you that another effective date applies. We may increase or add new fees and charges for any existing Offerings you are using by using commercially reasonable efforts to notify users of the Offerings through our Site, the interface of the Offering itself, other public channels or, if you are on a Paid Plan, by giving you 30 days’ notice. Unless otherwise specified in an Order, all Paid Plan amounts due under this Agreement are payable within 30 days following receipt of your invoice. We may elect to charge you interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) on all late payments.

4.3 Taxes.
Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this Agreement. All fees payable by you are exclusive taxes unless otherwise noted. We reserve the right to withhold taxes where required.

4.1 Publicly Available Offerings.
Some Offerings may be offered to the public and licensed on a royalty free basis, including Offerings that require a Paid Plan for software licensing fees above a certain threshold of use. These terms apply to all Offerings regardless of whether they require a Paid Plan.

4.2 Offering Fees.
If your use of an Offering does not require an Order or Paid Plan but software licensing fees are charged contemporaneously with your use of the Offering, those fees will be charged as described on the Site or in the user interface of the Offering. Such fees may be calculated by combining a fee charged by us and a fee charged by a Third Party Offering that provides certain functionality related to the Offering. For those Offerings which entail an Order or Paid Plan, we calculate and bill fees and charges according to your Order or Paid Plan. For such Offerings, on the first day of each billing period, you will pay us the applicable fees (the “Base Fees”) and any applicable taxes based on the Offerings in the Paid Plan. In addition, for particular Orders, we may issue an invoice to you for all charges above the applicable threshold for your Paid Plan which constitute overage fees for the previous billing period. If you make any other changes to the Offerings during a billing period (for example, upgrading or downgrading any applicable current or future Paid Plan), we will apply any additional charges or credits to the next billing period. We may bill you more frequently for fees accrued at our discretion upon notice to you. You will pay all fees in U.S. dollars unless the particular Offering specifies a different form of payment or otherwise agreed to by you and us in writing. All amounts payable by you under this Agreement will be paid to us without setoff or counterclaim, and without any deduction or withholding. Fees and charges for any new Offering or new feature of an Offering will be effective when we use commercially reasonable efforts to communicate updated fees and charges through our Site, the interface of the Offering itself, or other public channels or, if you are on a Paid Plan, upon commercially reasonable efforts to notify you directly, but we may expressly state when notifying you that another effective date applies. We may increase or add new fees and charges for any existing Offerings you are using by using commercially reasonable efforts to notify users of the Offerings through our Site, the interface of the Offering itself, other public channels or, if you are on a Paid Plan, by giving you 30 days’ notice. Unless otherwise specified in an Order, all Paid Plan amounts due under this Agreement are payable within 30 days following receipt of your invoice. We may elect to charge you interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) on all late payments.

4.3 Taxes.
Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this Agreement. All fees payable by you are exclusive taxes unless otherwise noted. We reserve the right to withhold taxes where required.

5.1 Generally.
We may suspend your right to access or use any portion or all of the Offerings immediately if we determine:

(a) your use of the Offerings
(i) poses asecurity risk to the Offerings or any third party,
(ii) could adversely impactour systems, the Offerings, or the systems of any other user,
(iii) couldsubject us, our affiliates, or any third party to liability, or
(iv) could beunlawful.
(b) you are, or any End User is, in breachof this Agreement;
(c) you are in breach of your paymentobligations under Section 4 for 30 days or longer; or
(d) for entities, you have ceased tooperate in the ordinary course, made an assignment for the benefit of creditorsor similar disposition of your assets, or become the subject of any bankruptcy,reorganization, liquidation, dissolution or similar proceeding.

5.2 Effect of Suspension.
If we suspendyour right to access or use any portion or all of an Offering:.
(a) you remain responsible for all fees andcharges you incur during the period of suspension; and 
(b) you will not be entitled to any feecredits for any period of suspension.

5.3 LimitingAPI Requests.
‍We retain sole discretion to limit your APIrequests (“API Requests”) submitted in conjunction with your use of an Offeringat any time if your usage of the Offering exceeds the usage threshold specifiedin your Paid Plan or otherwise on the Site or user interface of the Offering.Further, excessive API requests, as determined by ThirdPay Limited in our solediscretion, may result in the temporary or permanent suspension of your accessto an account or to your use of the applicable Offering. ThirdPay Limited isnot required but will endeavor, when reasonable, to warn an account owner oruser prior to suspension.
Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this Agreement. All fees payable by you are exclusive taxes unless otherwise noted. We reserve the right to withhold taxes where required.

6.1 Term.
For Offerings subject to a Paid Plan, theterm of this Agreement will commence on the Effective Date and will remain ineffect until terminated under this Section 6 or by separate written agreement.Any notice of termination of this Agreement by either party to the other mustinclude a Termination Date that complies with the notice periods in Section 6.2or the Appendix 1 - Additional Offerings as applicable. For Offerings that arenot subject to a Paid Plan, the term of this Agreement will commence on the EffectiveDate and will remain in effect until you stop accessing or using the Offerings.
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6.2 Termination.
(a) Termination for Convenience. If you arenot on a Paid Plan, you may terminate this Agreement for any reason by ceasinguse of the Offering. For Paid Plans, ThirdPay Limited may terminate thisAgreement for any reason after providing 30 calendar days’ written notice. 
(b) Termination for Cause. 
(i) By Either Party. Either party mayterminate this Agreement for cause if the other party is in material breach ofthis Agreement and the material breach remains uncured for a period of 30 daysfrom receipt of the other party’s notice of breach. 
(ii) By Us. We may also terminate thisAgreement for cause immediately
(A) if we have the right to suspend underSection 5,
(B) if our relationship with a third-party partner who providessoftware or other technology we use to provide the Offerings expires,terminates, or requires us to change the way we provide the software or othertechnology as part of the Offerings, or
(C) in order to avoid undue risk ofviolating the law.

6.3 Effectof Termination.
‍Upon the Termination Date:
(i) all your rights under this Agreementimmediately terminate; and 
(ii) each party remains responsible for allfees and charges it has incurred through the Termination Date and areresponsible for any fees and charges it incurs during the post-terminationperiod; 
(iii) the terms and conditions of thisAgreement shall survive the expiration or termination of this Agreement to thefull extent necessary for their enforcement and for the protection of the partyin whose favor they operate. For instance, should this Agreement between youand us terminate, any dispute raised after you stop accessing or using theOfferings will be subject to the applicable provisions of this Agreement ifthat dispute relates to your prior access or use. For any use of the Offerings after theTermination Date, the terms of this Agreement will again apply and, if your useis under a Paid Plan, you will pay the applicable fees at the rates underSection 4.

7.1 YourContent.
Depending on the Offering, you may shareContent with us. Except as provided in this Section 7, we obtain no rightsunder this Agreement from you (or your licensors) to Your Content; however, youconsent to our use of Your Content in any manner that is consistent with thepurpose of your use of the Offerings  orthat otherwise facilitates providing the Offerings to you.
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7.2 Offerings License.
We or our licensors own all right, title,and interest in and to the Offerings, and all related technology andintellectual property rights. Subject to the terms of this Agreement, we grantyou a limited, revocable, non-exclusive, non-sublicensable, non-transferablelicense to do the following:
(a) access and use the Offerings solely inaccordance with this Agreement; and
(b) copy and use Our Content solely inconnection with your permitted use of the Offerings. Except as provided in thisSection 7.2, you obtain no rights under this Agreement from us, our affiliatesor our licensors to the Offerings, including any related intellectual propertyrights. Some of Our Content and Third-Party Content may be provided to youunder a separate license, such as the Apache License, Version 2.0, or otheropen source license. In the event of a conflict between this Agreement and anyseparate license, the separate license will prevail with respect to Our Contentor Third-Party Content that is the subject of such separate license.

7.3 License Restrictions.
‍Neither you nor any End User will use theOfferings in any manner or for any purpose other than as expressly permitted bythis Agreement. Except as authorized, neither you nor any End User will, orwill attempt to
(a) modify, distribute, alter, tamper with, repair, orotherwise create derivative works of any Content included in the Offerings(except to the extent Content included in the Offerings is provided to youunder a separate license that expressly permits the creation of derivativeworks),
(b) reverse engineer, disassemble, or decompile the Offerings or applyany other process or procedure to derive the source code of any softwareincluded in the Offerings (except to the extent applicable law doesn’t allowthis restriction),
(c) access or use the Offerings in a way intended to avoidincurring fees or exceeding usage limits or quotas,
(d) use scraping techniquesto mine or otherwise scrape data except as permitted by a Plan, or
(e) resellor sublicense the Offerings unless otherwise agreed in writing. You will notuse Our Marks unless you obtain our prior written consent. You will notmisrepresent or embellish the relationship between us and you (including byexpressing or implying that we support, sponsor, endorse, or contribute to youor your business endeavors). You will not imply any relationship or affiliationbetween us and you except as expressly permitted by this Agreement.

7.4 Suggestions.
If you provide any Suggestions to us or our affiliates, we and our affiliates willbe entitled to use the Suggestions without restriction. You hereby irrevocablyassign to us all right, title, and interest in and to the Suggestions and agreeto provide us any assistance we require to document, perfect, and maintain ourrights in the Suggestions.

7.5 U.S.Government Users.
If you are a U.S. Government End User, weare licensing the Offerings to you as a “Commercial Item” as that term isdefined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), andthe rights we grant you to the Offerings are the same as the rights we grant toall others under these Terms of Use.

8.1 General.
(a) You will defend, indemnify, and holdharmless us, our affiliates and licensors, and each of their respectiveemployees, officers, directors, and representatives from and against any Lossesarising out of or relating to any claim concerning:
(a) breach of thisAgreement or violation of applicable law by you; or (b) a dispute between youand any of your customers or users. You will reimburse us for reasonableattorneys’ fees and expenses, associated with claims described in (a) and (b)above. 
(b) We will defend, indemnify, and holdharmless you and your employees, officers, directors, and representatives fromand against any Losses arising out of or relating to any claim concerning ourmaterial and intentional breach of this Agreement. We will reimburse you forreasonable attorneys’ fees and expenses associated with the claims described inthis paragraph.
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8.2 Intellectual Property.
 (a) Subject to the limitations in thisSection 8, you will defend ThirdPay Limited, its affiliates, and theirrespective employees, officers, and directors against any third-party claimalleging that any of Your Content infringes or misappropriates that thirdparty’s intellectual property rights, and will pay the amount of any adversefinal judgment or settlement. 
(b) Subject to the limitations in thisSection 8 and the limitations in Section 10, we may or may not (at our solediscretion) defend you and your employees, officers, and directors against anythird-party claim alleging that the Offerings infringe or misappropriate thatthird party’s intellectual property rights, and will pay the amount of anyadverse final judgment or settlement. However, should be choose to participatewe will not be required to spend more than $10,000 pursuant to this Section 8,including without limitation to attorneys’ fees, court costs, settlements,judgments, and reimbursement costs. 
(c) Neither party will have obligations orliability under this Section 8.2 arising from infringement by you combining theOfferings with any other product, service, software, data, content or method.In addition, we will have no obligations or liability arising from your use ofthe Offerings after we have notified you to discontinue such use. The remediesprovided in this Section 8.2 are the sole and exclusive remedies for anythird-party claims of infringement or misappropriation of intellectual propertyrights by the Offerings or by Your Content.

8.3 Process.
‍In no event will a party agree to anysettlement of any claim that involves any commitment, other than the payment ofmoney, without the written consent of the other party.

9.1 DISCLAIMER.
THE OFFERINGS ARE PROVIDED “AS IS.” EXCEPTTO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLYTHAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS(A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS,IMPLIED, STATUTORY OR OTHERWISE REGARDING THE OFFERINGS, THE THIRD PARTYCONTENT, OR THE THIRD PARTY SERVICES, AND (B) DISCLAIM ALL WARRANTIES,INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY,SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ORQUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE,(III) THAT THE OFFERINGS, THIRD PARTY CONTENT, OR THIRD PARTY SERVICE WILL BEUNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANYCONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED. YOU ACKNOWLEDGE ANDAGREE THAT YOU HAVE NOT RELIED AND ARE NOT RELYING UPON ANY REPRESENTATION ORWARRANTY FROM THIRDPAY LIMITED THAT IS NOT OTHERWISE IN THIS AGREEMENT OR IN ASEPARATE WRITTEN AGREEMENT BETWEEN US, AND YOU AGREE YOU WILL NOT TAKE A POSITIONIN ANY PROCEEDING THAT IS INCONSISTENT WITH THIS PROVISION.
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9.2 RISKS.
OUR OFFERINGS RELY ON EMERGINGTECHNOLOGIES, SUCH AS SOLANA. SOME OFFERINGS ARE SUBJECT TO INCREASED RISKTHROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEYCRYPTOGRAPHY, OR FAILING TO PROPERLY UPDATE OR RUN SOFTWARE TO ACCOMMODATEPROTOCOL UPGRADES, LIKE THE TRANSITION TO PROOF OF STAKE CONSENSUS. BY USINGTHE OFFERINGS YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS. YOUREPRESENT THAT YOU ARE FINANCIALLY AND TECHNICALLY SOPHISTICATED ENOUGH TOUNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING CRYPTOGRAPHIC ANDBLOCKCHAIN-BASED SYSTEMS AND UPGRADING YOUR SOFTWARE AND PROCESSES TOACCOMMODATE OFFERING AND PROTOCOL UPGRADES, AND THAT YOU HAVE A WORKINGKNOWLEDGE OF THE USAGE AND INTRICACIES OF DIGITAL ASSETS SUCH AS ETHER (ETH)AND OTHER DIGITAL TOKENS, SUCH AS THOSE FOLLOWING THE ERC-20 TOKEN STANDARD. INPARTICULAR, YOU UNDERSTAND THAT WE DO NOT OPERATE THE SOLANA PROTOCOL OR ANYOTHER BLOCKCHAIN PROTOCOL, COMMUNICATE OR EXECUTE PROTOCOL UPGRADES, OR APPROVEOR PROCESS BLOCKCHAIN TRANSACTIONS ON BEHALF OF YOU. YOU FURTHER UNDERSTANDTHAT BLOCKCHAIN PROTOCOLS PRESENT THEIR OWN RISKS OF USE, THAT SUPPORTING ORPARTICIPATING IN THE PROTOCOL MAY RESULT IN LOSSES IF YOUR PARTICIPATIONVIOLATES CERTAIN PROTOCOL RULES, THAT BLOCKCHAIN-BASED TRANSACTIONS AREIRREVERSIBLE, THAT YOUR PRIVATE KEY AND SECRET RECOVERY PHRASE MUST BE KEPTSECRET AT ALL TIMES, THAT THIRDPAY LIMITED WILL NOT STORE A BACKUP OF, NOR WILLBE ABLE TO DISCOVER OR RECOVER, YOUR PRIVATE KEY OR SECRET RECOVERY PHRASE, THATDIGITALLY COPYING AND STORING YOUR SECRET RECOVERY PHRASE ON A CLOUD STORAGESYSTEM OR OTHER THIRD PARTY SUPPORTED DATA STORAGE, INCLUDING YOUR PERSONALDEVICE, MAY INCREASE THE RISK OF LOSS OR THEFT, AND THAT YOU ARE SOLELYRESPONSIBLE FOR ANY APPROVALS OR PERMISSIONS YOU PROVIDE BY CRYPTOGRAPHICALLYSIGNING BLOCKCHAIN MESSAGES OR TRANSACTIONS, ESPECIALLY THOSE RESPONDING TOSOLICITATIONS AND OTHER PROMPTS FROM THIRD PARTIES. WITH RESPECT TO THIRDPARTIES, YOU ARE AWARE THAT SOCIAL ENGINEERING SCAMS LIKE PIG BUTCHERINGPERPETRATED BY MALICIOUS THIRD PARTIES IS A RISK AND YOU AGREE THAT YOU AND YOUALONE ARE RESPONSIBLE FOR TRANSACTIONS OR AGREEMENTS WITH SUCH THIRD PARTIESTHAT MAY LEAD TO INJURY. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR VERIFYING THELEGITIMACY OR SAFETY OR SUITABILITY OF ANY THIRD PARTY APPLICATIONS OR TOKENSTHAT YOU MAY INTERACT WITH OR RECEIVE USING OUR OFFERINGS. YOU ARE AWARE THATTHERE ARE TECHNICAL MEASURES IN CERTAIN OFFERINGS THAT IMPROVE USER SAFETY, ANDYOU ARE SOLELY RESPONSIBLE FOR UNDERSTANDING HOW THEY FUNCTION AND USING THEMAS APPROPRIATE. YOU FURTHER UNDERSTAND AND ACCEPT THATDIGITAL ASSETS PRESENT MARKET VOLATILITY RISK, TECHNICAL SOFTWARE RISKS,REGULATORY RISKS, AND CYBERSECURITY RISKS. YOU UNDERSTAND THAT THE COST ANDSPEED OF A BLOCKCHAIN-BASED SYSTEM IS VARIABLE, THAT COST MAY INCREASEDRAMATICALLY AT ANY TIME, AND THAT COST AND SPEED IS NOT WITHIN THE CAPABILITYOF THIRDPAY LIMITED TO CONTROL. YOU UNDERSTAND THAT PROTOCOL UPGRADES MAYINADVERTENTLY CONTAIN BUGS OR SECURITY VULNERABILITIES THAT MAY RESULT IN LOSSOF FUNCTIONALITY AND ULTIMATELY FUNDS. YOU UNDERSTAND AND ACCEPT THAT THIRDPAYLIMITED DOES NOT CONTROL ANY BLOCKCHAIN PROTOCOL, NOR DOES THIRDPAY LIMITEDCONTROL ANY SMART CONTRACT THAT IS NOT OTHERWISE OFFERED BY THIRDPAY LIMITED ASPART OF THE OFFERINGS AND IS NOT ITSELF A THIRD PARTY SERVICE. YOU UNDERSTANDAND ACCEPT THAT THIRDPAY LIMITED DOES NOT CONTROL AND IS NOT RESPONSIBLE FORTHE TRANSITION OF ANY BLOCKCHAIN PROTOCOL FROM PROOF OF WORK TO PROOF OF STAKECONSENSUS OR THE FUNCTIONING OF ANY PROTOCOL AFTER IT UNDERGOES A TECHNICAL UPGRADE.YOU UNDERSTAND AND ACCEPT THAT THIRDPAY LIMITED DOES NOT CONTROL AND IS NOTRESPONSIBLE FOR ANY THIRD PARTY SERVICE. YOU AGREE THAT YOU ALONE, AND NOTTHIRDPAY LIMITED, IS RESPONSIBLE FOR ANY TRANSACTIONS THAT YOU ENGAGE IN WITHREGARD TO SUPPORTING ANY BLOCKCHAIN PROTOCOL WHETHER THROUGH TRANSACTIONVALIDATION OR OTHERWISE, OR ANY TRANSACTIONS THAT YOU ENGAGE IN WITH ANYTHIRD-PARTY-DEVELOPED SMART CONTRACT OR TOKEN, INCLUDING TOKENS THAT WERECREATED BY A THIRD PARTY FOR THE PURPOSE OF FRAUDULENTLY MISREPRESENTINGAFFILIATION WITH ANY BLOCKCHAIN PROJECT. YOU AGREE THAT THIRDPAY LIMITED IS NOTRESPONSIBLE FOR THE REGULATORY STATUS OR TREATMENT IN ANY JURISDICTION OF ANYDIGITAL ASSETS THAT YOU MAY ACCESS OR TRANSACT WITH USING THIRDPAY LIMITEDOFFERINGS. YOU EXPRESSLY ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OFACCESSING AND USING THE OFFERINGS TO INTERACT WITH BLOCKCHAIN PROTOCOLS.

10.1 Limitationof Amount.
WITHTHE EXCEPTION OF CLAIMS RELATING TO A BREACH OF OUR PROPRIETARY RIGHTS ASGOVERNED BY SECTION 7 AND INDEMNIFICATION AS GOVERNED BY SECTION 8, IN NO EVENTSHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATESARISING OUT OF OR RELATED TO THIS AGREEMENT (REGARDLESS OF WHETHER SUCHLIABILITY ARISES FROM NEGLIGENCE OR OTHERWISE) EXCEED THE TOTAL AMOUNT PAID BYYOU HEREUNDER FOR THE OFFERINGS GIVING RISE TO THE LIABILITY IN THE TWELVEMONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE, OR, IF NOFEES HAVE BEEN PAID, $25,000. THE FOREGOING LIMITATION WILL APPLY WHETHER ANACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUTWILL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER SECTION 4. THIRDPAY LIMITED SHALLHAVE NO LIABILITY TO YOU WITH RESPECT TO ANY OFFERING EXCEPT TO THE EXTENT THATSUCH DAMAGES ARE DETERMINED BY FINAL JUDGMENT OF A COURT OR ARBITRATOR.
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10.2 Exclusionof Consequential and Related Damages.
IN NO EVENT WILL EITHER PARTY OR ITSAFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FORANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL,CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER ANACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILLNOT APPLY TO THE EXTENT PROHIBITED BY LAW.

PLEASEREAD THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS,INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

11.1 Binding Arbitration.
Any dispute, claim or controversy (“Claim”)relating in any way to this Agreement, the Site, or your use of the Offeringswill be resolved by binding arbitration as provided in this Section 11, ratherthan in court, except that you may assert claims in small claims court if yourclaims qualify.
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11.1.1 If you are located in the United States:
This agreement and any dispute or claim(including non-contractual disputes or claims) arising out of or in connectionwith it or its subject matter or formation shall be governed by and construedin accordance with the laws of the State of Texas. The Federal Arbitration Actand federal arbitration law apply to this Agreement. There is no judge or juryin arbitration, and court review of an arbitration award is limited. However,an arbitrator can award on an individual basis the same damages and relief as acourt (including injunctive and declaratory relief or statutory damages), andmust follow the terms of this Agreement as a court would. The arbitration willbe conducted in accordance with the expedited procedures set forth in the JAMSComprehensive Arbitration Rules and Procedures (the “Rules”) as those Rulesexist on the effective date of this Agreement, including Rules 16.1 and 16.2 ofthose Rules. The arbitrator’s decision shall be final, binding, andnon-appealable. Judgment upon the award may be entered and enforced in anycourt having jurisdiction. Neither party shall sue the other party other thanas provided herein or for enforcement of this clause or of the arbitrator’saward; any such suit may be brought only in a Federal District Court or a Texasstate court located in Tarrant County, Texas. The arbitrator, and not anyfederal, state, or local court, shall have exclusive authority to resolve anydispute relating to the interpretation, applicability, unconscionability,arbitrability, enforceability, or formation of this Agreement including anyclaim that all or any part of the Agreement is void or voidable. If for anyreason a claim proceeds in court rather than in arbitration we and you waiveany right to a jury trial. Notwithstanding the foregoing we and you both agreethat you or we may bring suit in court to enjoin infringement or other misuseof intellectual property rights.

11.1.2 If you are located in the United Kingdom:
This agreement and any dispute or claim(including non-contractual disputes or claims) arising out of or in connectionwith it or its subject matter or formation shall be governed by and construedin accordance with the law of England and Wales. Any dispute, claim orcontroversy relating in any way to this Agreement, the Offerings, your use ofthe Offerings, or to any products or services licensed or distributed by uswill be resolved by binding arbitration as provided in this clause. Prior tocommencing any formal arbitration proceedings, parties shall first seeksettlement of any claim by mediation in accordance with the LCIA MediationRules, which Rules are deemed to be incorporated by reference into this clause.If the dispute is not settled by mediation within 14 days of the commencementof the mediation, or such further period as the parties shall agree in writing,the dispute shall be referred to and finally resolved by arbitration under theLCIA Rules, which are deemed to be incorporated by reference into this clause.The language to be used in the mediation and in the arbitration shall beEnglish. The seat or legal place of arbitration shall be London.

11.1.3 **If you are located in anyterritory that is not specifically enumerated in Sections 11.1.1 or 11.1.2, youmay elect for either of Section 11.1.1 or 11.1.2 to apply to you, otherwisethis Agreement and any Claim (including non-contractual disputes or claims)arising out of or in connection with it or its subject matter or formationshall be governed by and construed in accordance with the law of Ireland. AnyClaim relating in any way to this Agreement, the Offerings, your use of theOfferings, or to any products or services licensed or distributed by us will beresolved by binding arbitration as provided in this clause. Prior to commencingany formal arbitration proceedings, parties shall first seek settlement of anyclaim by mediation in accordance with the LCIA Mediation Rules, which Rules aredeemed to be incorporated by reference into this clause. If the dispute is notsettled by mediation within 14 days of the commencement of the mediation, orsuch further period as the parties shall agree in writing, the Claim shall bereferred to and finally resolved by arbitration under the LCIA Rules, which aredeemed to be incorporated by reference into this clause. The language to beused in the mediation and in the arbitration shall be English. The seat orlegal place of arbitration shall be Dublin, Ireland.

11.2 Class Action Waiver.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMSAGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASSMEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WEEXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASSBASIS. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If acourt decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim(and only that claim) must be severed from the arbitration and may be broughtin court. If any court or arbitrator determines that the class action waivered forth in this paragraph is void or unenforceable for any reason or that anarbitration can proceed on a class basis, then the arbitration provision setforth above shall be deemed null and void in its entirety and the parties shallbe deemed to have not agreed to arbitrate disputes.

11.3 30-Day Right to Opt Out.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the email address notices@ThirdPay.io with subject line LEGAL OPTOUT. The notice must be sent within 30 days of your first use of the Offerings, otherwise you shall be bound to arbitrate disputes and will be deemed to have agreed to waive any right to pursue a class action in accordance with the terms of those paragraphs. If you opt-out of these provisions, we will also not be bound by them.

12.1 Assignment.
You will not assign or otherwise transfer this Agreement or any of your rights and obligations under this Agreement, without our prior written consent. Any assignment or transfer in violation of this Section 12.1 will be void. We may assign this Agreement without your consent (a) in connection with a merger, acquisition or sale of all or substantially all of our assets, or (b) to any Affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for us as a party to this Agreement and we are fully released from all of our obligations and duties to perform under this Agreement. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.
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12.2 DAOs.
As a blockchain native company, we may interact with and provide certain Offerings to DAOs. Due to the unique nature of DAOs, to the extent the DAO votes in favor of and/or accepts such Offerings from ThirdPay Limited, the DAO has acknowledged and agreed to these Terms in their entirety.

12.3 Entire AgreementEntireAgreement and Modifications.
This Agreement incorporates the Policies by reference and is the entire agreement between you and us regarding the subject matter of this Agreement. If the terms of this document are inconsistent with the terms contained in any Policy, the terms contained in this document will control. Any modification to the terms of this Agreement may only be made inwriting.

12.4 Force Majeure.
Neither party nor their respective affiliates will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond such party’s reasonable control, including but not limited to acts of God, utilities or other telecommunications failures, cyber attacks, earthquake, storms or other elements of nature, pandemics, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

12.5 Export and Sanctions Compliance.
In connection with this Agreement, you will comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including all such laws and regulations that prohibit certain transactions. For clarity, you are solely responsible for compliance related to the manner in which you choose to use the Offerings. You may not use any Offering if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Offering.

12.6 Independent Contractors; Non-Exclusive Rights.
We and you are independent contractors, and this Agreement will not be construed to create a partnership, joint venture, agency, or employment relationship. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. Both parties reserve the right (a) to develop or have developed for it products, services, concepts, systems, or techniques that are similar toor compete with the products, services, concepts, systems, or techniques developed or contemplated by the other party, and (b) to assist third party developers or systems integrators who may offer products or services which compete with the other party’s products or services.

12.7 Eligibility.
If you are under the age of majority in your jurisdiction of residence, you may use the Site or Offerings only with the consent of or under the supervision of your parent or legal guardian.

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NOTICE TO PARENTS AND GUARDIANS: By granting your minor permission to access the Site or Offerings, you agree to these Terms of Use on behalf of your minor. You are responsible for exercising supervision over your minor’s online activities. If you do not agree to these Terms of Use, do not let your minor use the Site or Offerings.

12.8 Language.
All communications and notices made or given pursuant to this Agreement must be in the English language. If we provide translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict.

12.9 Notice.
(a) To You. We may provide any notice to you under this Agreement using commercially reasonable means, including: (i)posting a notice on the Site; (ii) sending a message to the email address then associated with your account; (iii) posting the notice in the interface of the applicable Offering; or (iv) using public communication channels. Notices we provide by posting on the Site or using public communication channels will be effective upon posting, and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current to the extent you have an account. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email. 
(b) To Us. To give us notice under this Agreement, you must contact us by email at notices@ThirdPay.io.

12.10 No Third-Party Beneficiaries.
Except as otherwise set forth herein, this Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.

12.11 No Waivers.
The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

12.12 Severability.
If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect. 

12.13 Notice and Procedure for Making Claims of Copyright Infringement..
If you are a copyright owner or agent of the owner, and you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide us a written notice at the address below with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located with respect to the Offerings; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. You can reach us at:
Email: notices@ThirdPay.io 
Subject Line: Copyright Notification Mail 
Attention: Copyright 
ThirdPay Limited. 
OFFICE NO. 1604, FORTUNE TOWER, AL THANYAHFIFTH, CLUSTER C, JUMEIRAH LAKES TOWERS, PO BOX 566228, DUBAI, UNITED ARABEMIRATES

“Acceptable Use Policy” means the policy set forth below, as it may be updated by us from time to time. You agree not to, and not to allow third parties to, use the Offerings: to violate, or encourage the violation of, the legal rights of others (for example, this may include allowing End Users to infringe or misappropriate the intellectual property rights of others in violation of the Digital Millennium Copyright Act); to engage in, promote or encourage any illegal or infringing content; for any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, this may include phishing, creating a pyramid scheme or mirroring a website);to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature; to interfere with the use of the Offerings, or the equipment used to provide the Offerings, by customers, authorized resellers, or other authorized users; to disable, interfere with or circumvent any aspect of the Offerings (for example, any thresholds or limits); to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertising or other solicitation; or to use the Offerings, or any interfaces provided with the Offerings, to access any other product or service in a manner that violates the terms of service of such other product or service. “API” means an application program interface.


“API Requests” has the meaning set forth in Section 5.3. 
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“Applicable Threshold” has the meaning set forth in Section 4.2. 

“Base Fees” has the meaning set forth in Section 4.2. 

“Content” means any data, text, audio, video or images, software (including machine images), and any documentation. 

“DAO” means Decentralized Autonomous Organization. 

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

“End User” means any individual or entity that directly or indirectly through another user: (a) accesses or uses Your Content; or (b) otherwise accesses or uses the Offerings under your account. 

“Fees” has the meaning set forth in Section4.2. 

“Losses” means any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees).’ 

“Our Content” means any software (including machine images), data, text, audio, video, images, or documentation that we offer in connection with the Offerings. 

“Our Marks” means any trademarks, service marks, service or trade names, logos, and other designations of ThirdPay Limited Software Inc. and their affiliates or licensors that we may make available to you in connection with this Agreement. 

“Order” means an order for Offerings executed through an order form directly with ThirdPay Limited, or through a cloud vendor, such as Amazon Web Services, Microsoft Azure, or Google Cloud.

“Offerings” means each of the products and services, including but not limited to Codify, Infura, ThirdPay Wallet, Quorum and any other features, tools, materials, or services offered from time to time, by us or our affiliates. 

“Policies” means the Acceptable Use Policy, Privacy Policy, any supplemental policies or addendums applicable to any Service as provided to you, and any other policy or terms referenced in or incorporated into this Agreement, each as may be updated by us from time to time. 

“Privacy Policy” means the privacy policy located at /privacy-policy/ (and any successor or related locations designated by us), as it may be updated by us from time to time. 

“Service Offerings” means the Services(including associated APIs), Our Content, Our Marks, and any other product or service provided by us under this Agreement. Service Offerings do not includeThird-Party Content or Third-Party Services. 

“Suggestions” means all suggested improvements to the Service Offerings that you provide to us.
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“Supported Digital Assets” means only those particular Digital Assets listed as available to interact with or self-custody in your ThirdPay Wallet. Services and supported assets may vary by jurisdiction. 

“Term” means the term of this Agreement described in Section 6.1. 

“Termination Date” means the effective date of termination provided in accordance with Section 6, in a notice from one-party to the other. 

“Third-Party Content” means Content made available to you by any third party on the Site or in conjunction with the Offerings. 

“Your Content” means content that you or any End User transfers to us for storage or hosting by the Offerings and any computational results that you or any End User derive from the foregoing through your use of the Offerings, excluding however any information submitted to a blockchain protocol for processing.