Terms of Use

These Terms govern your access to and use of the digital asset wallet and communication platform software and related websites and applications that link to these Terms (each, a "Site" and collectively, the "Services"). These Services are operated by Element Wallet, Inc., 401 Congress Avenue, Suite 1800, Austin, TX 78701 ("Service Provider", "we", "us", "our"). By using the Services, you agree to be bound by the terms and conditions contained in these Terms, including Section 11 ("Dispute Resolution"), as well as the Privacy Policy.

SERVICE PROVIDER OPERATES A PLATFORM. WE ARE NOT A BROKER, FINANCIAL INSTITUTION OR CREDITOR. THE SERVICES ARE OFFERED AS AN ADMINISTRATIVE PLATFORM ONLY.

By accessing and using the Services, you represent that you understand the risks inherent to and associated with blockchain networks and cryptographic systems and warrant that you have the technical sophistication and working knowledge required to use, engage, or interact with blockchain networks, cryptographic systems, smart contracts, and digital assets, such as Ether (ETH), Bitcoin (BTC), and Core (CORE) (collectively, "Blockchain Technologies").

By accessing and using the Services, you assume all risks associated with using Blockchain Technologies, including, but not limited to, 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. You accept and acknowledge that Service Provider will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using any Blockchain Technologies for processing transactions, however caused.

Additionally, you understand that the markets for cryptographic and digital assets are nascent and highly volatile due to risk factors including adoption, speculation, technology, security, and regulation. You acknowledge that we are not responsible for any of these variables or risks, do not own or control any blockchain, and cannot be held liable for any resulting losses that you experience as a result of your use of Blockchain Technologies. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using Blockchain Technologies as part of your use of the Services.

The Service includes the ability to communicate with other users of the Services via direct messaging (the "Messaging Feature"). Your messages on our Services are encrypted. Our Privacy Policy describes our data, including message practices, the types of information we receive and collect from you, how we use and share this information, and your rights in relation to the processing of information about you.

You must create a User Account to access the Messaging Feature and must meet the Eligibility criteria described above. Service Provider reserves the right to ban, suspend, or delete a User Account, or to refuse to create a User Account, for any reason or no reason.

If you create a User Account, you are entirely responsible for the security and confidentiality of that account, including your password to access that User Account, and for any activities that occur under your User Account.

Service Provider may, at its option and in its sole discretion, suspend, restrict, or terminate your access to any or all of the Services if, among other things, we are required to do so by law, reasonably suspect you of using the Services in connection with any prohibited uses, determine that your use presents heightened legal or regulatory risk, if a service partner cannot support your use, if you attempt to circumvent our controls, or if you breach these Terms.

If Service Provider suspends or closes your access to the Services, we will provide you with notice unless legally prohibited from doing so. You acknowledge that Service Provider's decision may be based on confidential criteria essential to risk management and security protocols.

You may not use the Services to engage in prohibited uses. The following list is representative, but not exhaustive:

• Abusive activity: conduct, facilitate, authorize, or permit text or data mining, scraping, malware transmission, unauthorized access attempts, account transfers without permission, reverse engineering, disruption of the Services, or impermissible exploitation of our systems.
• Unlawful activity: conduct that would violate any law, regulation, sanctions regime, or involve proceeds of unlawful activity.
• Abuse of other users: interference with another person's access, harassment, stalking, threats, defamation, privacy violations, or harvesting other users' data.
• Promotion of violence: statements of intent, advocacy, or admission of violent acts beyond protected contexts.
• Spam: high frequency posting, fake services, automated account creation, or similar abusive activity.
• Fraud: conduct that defrauds Service Provider, its users, or any other person, or provides false or misleading information.

Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including the Service Provider logo and all designs, text, graphics, trademarks, pictures, information, data, software, sound files, and other files, are and shall remain the sole and proprietary property of Service Provider or our affiliates or licensors.

The Services may contain links to third-party websites or applications, including Dapps. We provide these links only as a convenience and do not review, approve, monitor, endorse, warrant, or make representations with respect to them. You use them at your own risk.

These Terms grant users a limited and non-exclusive right to use the Services. Except as otherwise stated, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any of the Content on our Services.

• Your device may temporarily store copies of materials in RAM incidental to access and viewing.
• You may store files automatically cached by your web browser for display enhancement purposes.
• You may download a single copy of the mobile application solely for your own personal, non-commercial use.
• If we provide social media features, you may take such actions as are enabled by those features and consistent with these Terms.

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Service Provider and its affiliates, employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, agents, representatives, predecessors, successors, and assigns from and against all actual or alleged claims, damages, judgments, losses, liabilities, and costs arising out of or related to your use or misuse of the Services, your violation of these Terms, and/or your violation of any rights of any third party.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SERVICE PROVIDER, THE SERVICES, CONTENT, AND ANY DIGITAL ASSET(S) LISTED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SERVICE PROVIDER OR ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, PROFITS, BUSINESS, GOODWILL, DATA, DIGITAL ASSETS, PRIVATE KEYS, SEED PHRASES, OR ACCESS TO ANY DIGITAL WALLET.

IN NO EVENT WILL SERVICE PROVIDER'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY SERVICE PROVIDER FROM THE SALE OF DIGITAL ASSETS THAT ARE THE SUBJECT OF THE APPLICABLE CLAIM.

Any cause of action or claim must be commenced within one (1) year after the cause of action accrues or it will be deemed permanently waived and barred.

This Section includes an arbitration agreement and an agreement that all claims will be brought only in arbitration in an individual capacity and not as a class action or other representative proceeding.

You agree to first contact Service Provider and make a good faith sustained effort for a minimum of thirty (30) days to resolve any dispute informally before resorting to arbitration or court action.

After the informal dispute resolution process is completed, any remaining controversy or claim arising out of or relating to these Terms or Service Provider's services or products shall be finally resolved by one arbitrator in arbitration administered by the International Centre for Dispute Resolution (ICDR) in accordance with its International Arbitration Rules.

The legal seat of arbitration shall be New York, New York, and the language of the arbitration shall be English. Each party shall generally bear its own arbitration filing fees unless otherwise allocated by the arbitrator.

YOU AND SERVICE PROVIDER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

These Terms, your access to and use of the Services and Content, and your participation in the Services, shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, without regard to conflict of law rules or principles.

If any term, clause or provision of these Terms is held invalid or unenforceable, it will be severable and will not affect the remaining provisions.

If we fail to insist that you perform any of your obligations under these Terms, that will not mean that we have waived our rights against you.

These Terms are personal to you and are not assignable, transferable, or sublicensable by you except with Service Provider's prior written consent.

If you have any questions or complaints about our Services or these Terms, please email us at support@elementwallet.co or write to us at 401 Congress Avenue, Suite 1800, Austin, TX 78701.