Terms of Service

Last updated: November 7, 2024

1. Introduction

Welcome to Coin98 wallet, a non-custodial wallet and gateway to DeFi world. Please read these Terms of Service (“Terms of Service”, “Terms”) carefully. These Terms, which shall be viewed as an agreement between an individual or entity user or authorized representative of such user (“you”, “your”, “user”) and Coin98 Wallet Ltd (“Coin98”, “we”, “us”, “our”), govern your access and use any Services (as listed in Section 3 of these Terms) as accessible through our website at https://coin98.com/ (“Website") as well as any other media form, media channel, mobile applications (each, an “Application”), extension on Chrome and Firefox browsers (“Extension") or any other website-hosted or mobile-user interface, products, and services marketed, advertised, or marked by us with the name “Coin98” from time to time. The Website, Applications and Extension under these Terms shall be collectively referred to as “Coin98 Software".

By accessing Coin98 Software and/or connecting a Wallet to Coin98 Software and/or using any or all the Services (as defined below), you accept and agree to be legally bound by these Terms and all the terms incorporated herein by reference.

Coin98 reserves the right to modify or replace any of these Terms in its sole discretion from time to time. The “Date Last Revised” specified on these Terms indicates the date on which the Terms were last modified. Please check these Terms periodically to ensure that you are aware of and in compliance with the most current version of these Terms. Any revision to the Terms shall take effect immediately upon such revised Terms being made accessible via the Services. Such revised Terms shall be binding on you, and by your continued access and/or use of the App for purposes of participating in the Services, you shall be deemed to agree to and accept the Terms as revised.

COIN98 SOFTWARE AND SERVICES IS DEVELOPED AND PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS BY COIN98 AND/OR ITS AFFILIATES, AND COIN98 AND ITS AFFILIATES (SAVE TO THE EXTENT PROHIBITED BY APPLICABLE LAWS) EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND IN RESPECT THEREOF. IF YOU ARE IN ANY DOUBT AS TO THE ACTION YOU SHOULD TAKE, YOU SHOULD CONSULT YOUR LEGAL, FINANCIAL, TAX AND/OR OTHER PROFESSIONAL ADVISOR(S). IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING COIN98 SOFTWARE, OR PARTICIPATE IN THE SERVICES, AND YOU MUST CANCEL YOUR ACCESS IMMEDIATELY.

(a) In these Terms, the following words, and expressions, whenever used in these Terms shall have the respective meanings indicated below:

“Address” means an address on the applicable digital ledger or blockchain network.

“Affiliate” means with respect to any person or entity, any other person or entity directly or indirectly controlling, controlled by or under common control with such person; and as used in this definition, “control” means the power to direct or cause the direction of the management or policies of a person or entity, whether through the exercise of voting power or by contract and “controlling” and “controlled by” shall have correlative meanings.

“Digital Asset” means any digital asset (including a virtual currency or virtual commodity) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network, including but not limited to Tokens and NFT.

“Fork" means a change in the current source code or generating new and supplementary source code for a blockchain.

“Governmental Authority” means any nation or government, any state or other political subdivision thereof, any entity exercising legislative, executive, judicial or administrative functions of or pertaining to government, including any government authority, agency, department, board, commission or instrumentality, and any court, tribunal or arbitrator(s) of competent jurisdiction, and any self-regulatory organization.

“Laws” means the laws, statutes, ordinances, rules, regulations, judgments, injunctions, orders, and decrees of any Governmental Authority.

“Liquidity Provider” means a user that funds a liquidity pool with Tokens in exchange for transaction fees in connection with the Services.

“Services” means all services and features provided on Coin98 Software as outlined in Section 3 of these Terms and any additional services or functionalities that may be introduced within Coin98 Software from time to time.

“Smart Contract” means any open-source computer protocol as may be deployed on, via or through Coin98 Software from time to time (including all related trademarks and other intellectual property, whether such use is via Coin98 Software or otherwise).

“Staked Digital Assets” means Digital Assets which are the subject of Staking.

“Staking” means, with respect to a Digital Asset holder, an election made by such Digital Asset holder to lock up its Digital Assets to earn rewards from a predefined reward pool, in accordance with and subject to a Smart Contract developed to serve for each specific Staking; and “Stake” and “Staked” shall be construed accordingly.

“Third Party Integrated Applications” means the third party applications and interfaces which are not created by Coin98 and are integrated to the Coin98 Software.

“Tokens" means any cryptographic asset, Digital Asset or virtual currency.

“Wallet” means a digital storage component generated by Coin98 that can be imported and accessed within Coin98 Software, for storing, managing, and facilitating transactions involving your Digital Assets stored on the blockchain(s) supported by the Coin98 Software.

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

Coin98 is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons. You acknowledge that Digital Assets are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.

(c) NOT FINANCIAL ADVICE: WE DO NOT PROVIDE INVESTMENT OR FINANCIAL ADVICE OR CONSULTING SERVICES. WE ARE SOLELY THE PROVIDER OF COIN98 SOFTWARE AND THE SERVICES AND WE DO NOT ADVISE OR MAKE RECOMMENDATIONS ABOUT ENGAGING IN DIGITAL ASSET TRANSACTIONS OR OPERATIONS. DECISIONS TO ENGAGE IN THE SERVICES OR PERFORM OPERATIONS INVOLVING DIGITAL ASSETS SHOULD BE TAKEN ON YOUR OWN ACCORD.

1. Contracting Party and Eligibility to access to and use the Services

(a) The party that is legally bound by these Terms (and that is identified in these Terms as “you”, “your”, “user”) is either the individual who accepted these Terms (the “Signatory”); or the individual or entity, if any, that legally authorized the Signatory to accept these Terms on its behalf (the “Principal”).

If the Signatory asserts that there is a Principal but the individual or entity identified as the Principal (i) does not fully satisfy the Eligibility Conditions under Section 2(b) below or (ii) is for any reason not legally bound to these Terms, then the Signatory will be bound to these Terms in his or her personal capacity.

(b) To be eligible to access and/or use the Services, you must satisfy each of the following conditions (the “Eligibility Conditions”):

If you are an individual:

i. you must be at least 18 years old or above the minimum age in your jurisdiction to have the legal capacity to enter into contracts and to use the Services;

ii. you are not a citizen or permanent resident of, you do not have a primary residence in, and you are not physically located in (i) Cuba, Egypt, Hong Kong, Iran, Iraq, People’s Republic of China, Saudi Arabia, Syria, Ukraine, United States of America or its territories or possessions; or (ii) any country (A) where participation in the Services is prohibited, restricted or unauthorized in any form and/or manner whether in full or in part under the laws, regulatory requirements, or rules in such jurisdiction or (B) where it is likely that the Digital Asset transactions would be construed as the transactions of a security (howsoever named), financial services or investment products under the laws, regulatory requirements, or rules of such jurisdiction; and

iii. you are not a Specially Designated National as identified by the Office of Foreign Assets Control of the U.S. Treasury Department; or on the Consolidated List of Targets maintained by the U.K. Office of Financial Sanctions Implementation of HM Treasury; or on the consolidated list of persons, groups, and entities subject to economic, financial sanctions, trade embargoes or export controls administered, enacted or enforced from time to time by the United States of America (“U.S.”), the United Nations Security Council, the European Union (“EU”), any EU member state, or the United Kingdom (regardless of its status vis-a-vis the EU), or any other jurisdiction.

If you are an entity:

i. you are duly organized and validly existing under the applicable laws of the jurisdiction of your organization;

ii. you have authorized your Signatory to accept these Terms on your behalf;

iii. you are not a resident for tax purposes of, you do not have a domicile in, and you are not physically located in (i) Cuba, Egypt, Hong Kong, Iran, Iraq, People’s Republic of China, Saudi Arabia, Syria, Ukraine, United States of America or its territories or possessions; or (ii) any country or jurisdiction (A) where participation in the Services is prohibited, restricted or unauthorized in any form and/or manner whether in full or in part under the Laws, regulatory requirements, or rules in such jurisdiction or (B) where it is likely that the Digital Asset transactions would be construed as the transactions of a security (howsoever named), financial services or investment products under the laws, regulatory requirements, or rules of such jurisdiction; and

iii. you are not a Specially Designated National as identified by the Office of Foreign Assets Control of the U.S. Treasury Department; or on the Consolidated List of Targets maintained by the U.K. Office of Financial Sanctions Implementation of HM Treasury; or on the consolidated list of persons, groups, and entities subject to economic, financial sanctions, trade embargoes or export controls administered, enacted or enforced from time to time by the U.S., the United Nations Security Council, the EU, any EU member state, or the United Kingdom (regardless of its status vis-a-vis the EU), or any other jurisdiction.

You can only use our Services if permitted under the Laws of your jurisdiction. For the avoidance of doubt, you may not use our Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of our Services would be illegal or otherwise violate any applicable laws. Please make sure that your accessing, using the Services are not prohibited, restricted, or regulated by any law or regulation applicable to you. You are solely responsible (i) to determine if there are any such laws or regulations (including foreign exchange restrictions) applicable to you and to comply with them and (ii) to determine if there are any governmental or other consents or approvals which you need to obtain, and to obtain and maintain them.

You are accessing to and/or using the Services as principal and for your own account, and not as nominee or agent for, or for the account of, any other person.

(c) If you do not fully satisfy each of the Eligibility Conditions at all times from the time that you accept these Terms, then you may not, and you agree not to, access to and/or use the Services. If you access to and/or use the Services notwithstanding that you do not meet each of the Eligibility Conditions, you acknowledge that (a) your access to and/or use the Services is a breach of these Terms, and (b) you access to and/or use the Services at your own risk. You acknowledge and agree that Coin98 will not be liable to you or any other party arising from or in connection with your access to and/or use the Services if you do not meet each of the Eligibility Conditions.

(d) Coin98 may require you to provide certain information to confirm your satisfaction of the Eligibility Conditions and to complete the transactions related to the Services. If you do not provide the required information, then you may be unable to use the Services. Coin98’s request for, and your provision of, any information from you, and any actions or decisions Coin98 may take based on that information, do not affect your obligations under this Section.

1. Use of Services

3.1. Wallets

3.1.1. Wallet Creation and Import

Coin98 provides users with access to an interface allowing you to execute instructions directly on multiple blockchain networks (“Supported Blockchain Networks”). The Wallet also allows users to manage multisource and multichain Digital Assets that are compatible with the Wallet (“Supported Digital Assets”) by creating many different “wallets”, initiating transfers and transactions involving Digital Assets.

The creation and use of the Wallet by signing up with your social account, including but not limited to Google, Facebook account shall be governed by terms and conditions of Ramper wallet here.

Coin98 also allows users to import their existing wallets, regardless of smart contract wallet or hardware wallet into the Coin98 Software for more easy access to our Services.

3.1.2. Zen Card Creation and Use on Coin98 Software

These Terms shall apply to the use of the certain volume of the services attached to Zen Card Wallet, an NFC hybrid wallet offering enhanced security and convenience created and held by users on Coin98 Software.

Unlike traditional decentralized wallets, Zen Card Wallet offers users a tool to conveniently and securely sign transactions. With unique security technology, by which Zen Card holders hold a key share (“Card Key Share”) to sign transactions, while the other share is on the User’s mobile device (“Device Key Share”). Only when both shares interact, a transaction can take place. This means that only you are able to initiate the transaction or access your Digital Assets. For clarity, each Zen Card can only be integrated with only one Wallet. For avoidance of doubt, the physical Zen Card is provided by an independent supplier and your purchase of the physical Zen Card shall be governed by the purchasing terms and conditions of Zen Card’s supplier.

3.1.3. Your use of the Wallets

Coin98 does not control any of your account passwords, personal identification numbers (PINs), wallet private keys, passphrases for your blockchain Wallets as well as any other codes that you deploy to have access to the Services provided by Coin98. It is your responsibility to keep safe and guard any of your account passwords, personal identification numbers (PINs), wallet private keys, passphrases as well as any other codes that you deploy to have access to the Services provided by Coin98. You take full responsibility for keeping your own security information confidential. If you employ a third organization to store your private key(s), whether or not such appointments are made through the Services (e.g., through a key recovery service), Coin98 is not responsible for the actions or omissions of such a third party.

You are solely responsible to protect access to your Wallets by minimally, but not limited to, patching your device’s operating system with regular security and software updates by the legitimate and authorized operating system provider, installing and maintaining latest anti-virus software on the device(s) used, where applicable and use strong password for Wallet.

3.1.4. Other Services

The Wallet can be used as an authenticating account to access current and potentially other services and/or products offered via Coin98 Software, including without limitation to access to third-party applications integrated into Coin98 Software (collectively "Third-Party Integrated Applications") and to the following decentralized services:

(i) Cross-chain Bridges: named as SpaceGate on Coin98 Software. SpaceGate is a cutting-edge cross-chain bridge that enables seamless asset transfers across diverse blockchain networks.

(ii) Coin98 Vault: Coin98 Vault allows users to fully control how they spend and split the assets by assigning the permissions to specific Addresses at a determined schedule. This feature is a useful and fee-saving tool for a team leader to distribute funds to their members or a project owner to arrange tokens for investors/ users according to their plans and the beneficiary can now simply track and manage all of their token claim/payment schedules thanks to this feature.

(iii) Staking: a simple and secure way for users to earn passive income through single-asset staking, by locking user’s Digital Assets as featured on Coin98 Software from time to time following the rules as set out for the Staking service at the time of stake.

3.3. Chatting, Communities and Engagement Activities on Coin98 Software

(a) In-App Chat

Coin98 offers an in-app chat function ("Chat Function") enabling users to communicate one-on-one, engage in group discussions, and connect with Coin98's customer service. By using the Chat Function, you agree to abide by these Terms and the Privacy Policy.

Coin98 allows users to create and participate in group conversations (“Community” or "Communities") where members can share content and engage with others. Users who join a Community become “Members” and may share the Community with others as permitted by the Community Admin (as defined below). Members may leave a Community at any time by selecting the “Leave” option. Members and Admins agree that any content shared, posted, or sent within a Community is subject to these Terms and the Privacy Policy.

Upon creating a Community, the creator becomes the “Admin.” Admins have the authority to add or remove Members, control who can post, manage whether the Community can be shared, delete Member messages, revoke invite links, and appoint additional Admins. Admins acknowledge their role in maintaining Community guidelines and ensuring compliance with these Terms.

By joining a Community, Members consent to other Members, including Admins, being able to view their username and profile photo. Members may also engage in one-on-one messaging with other Members and Admins within the Community.

(b) AI Assistant Feature

Coin98 offers an AI Assistant function ("AI Assistant"), which allows users to interact with a chatbot for one-on-one messaging.

The AI Assistant, including all content, applications, software, functions, materials, and information, is provided “as is,” “with all faults” and without any warranties of any kind, express or implied. Coin98, and its Affiliates and licensors, disclaim all warranties with respect to the AI Assistant, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, merchantability of computer programs, data accuracy, system integration, and informational content.

Neither Coin98, its respective Affiliates, or licensors warrant or make any representations regarding the operation of the AI Assistant, the use, validity, accuracy or reliability of, or the results of the use of the information or materials available or any other website linked in the AI Assistant. The materials may be out of date, and neither Coin98, its Affiliates, or licensors makes any commitment to update the materials in the AI Assistant. Neither Coin98, its Affiliates, or licensors warrant that the files available for downloading, if any, will be free from infection, viruses, worms, trojan horses, or other malicious code that manifest contaminating or destructive properties.

You assume all responsibilities and obligations with respect to the use of the AI Assistant to achieve its intended results. As between Coin98 and you, you assume all responsibilities and obligations with respect to any decisions or advice made or given as a result of the use or application of the AI Assistant or any materials retrieved therefrom, including those to any third party, for the content, accuracy, and review of such results. Neither Coin98, its Affiliates, or licensors are engaged in rendering legal, medical, accounting, tax or other professional advice or services. If legal, accounting, medical, accounting, tax or other expert assistance is required, the services of a competent professional should be sought.

Coin98 expressly reserves the right to modify, add or delete AI Assistant without notice, or to discontinue the AI Assistant feature temporarily or permanently. Coin98 provides no guarantee for the uninterrupted accessibility of the AI Assistant. Coin98 is not obliged to provide the AI Assistant for a certain period of time. Coin98, its directors, employees, Affiliates and representatives do not accept any liability regarding the information provided and cannot be held liable for any actions, losses, or damages resulting from the use of the AI Assistant.

(c) Giveaway Organization

Community Members may organize giveaways at their own expense (each, an “Organizer”) and establish giveaway rules, criteria, and winner selection processes (“Rules”). By participating in a giveaway, all Members acknowledge that the giveaway results are final, binding, and not subject to modification. Organizers further agree (a) prizes will be distributed as per the Rules set forth by the Organizer; (b) Organizers acknowledge that access to their Community may be revoked or restricted if they are demoted, banned, transfer ownership, or if Coin98 restricts or deletes the Community due to violations of these Terms or other applicable terms. Organizers are not entitled to a refund or reimbursement for any giveaways lost due to such actions.

All Members and Admins must adhere to these Terms, including any additional guidelines established by Coin98. Coin98 reserves the right to monitor, restrict, or remove any Community, message, or Member activity that violates these Terms or any other applicable terms and policies. Members who engage in prohibited activities may face enforcement actions, including the suspension or termination of access to Coin98 Software.

Coin98 shall not be liable for any disputes, losses, or damages arising from Member interactions, AI Assistant usage, or participation in giveaways. Coin98 disclaims any responsibility for actions taken by Community Members or Admins, including but not limited to the distribution of giveaway prizes, chatbot content, or any actions taken within a Community.

3.4. Interaction with Protocols

Coin98 Software serves as an aggregator for your interaction with supported decentralized protocols (“Protocols”), including but not limited to, swaps, liquidity, lending protocols which are featured on the Coin98 Software interface from time to time, and provides users the graphic user interface and functionality to technically interact with Protocols. All transaction and/or order matching, clearing, settlement and filing happen in a completely decentralized fashion through the Protocol operated at the peer-to-peer model. We may create or launch Protocols or decentralized liquidity pools, provided that as soon as they are launched, they will not be operated or controlled by us, rather they will be fully decentralized.

You hereby acknowledge and agree that we do not execute the exchange of Digital Assets, cryptocurrencies and tokens, either directly or through Protocols. We do not define, suggest and execute any control over the price of Digital Assets accessible via Protocols. You do not interact with us when you perform swaps or interact with liquidity pools when you stake, rather you interact with a Protocol directly. We do not own or control the underlying software which governs the operation of Protocols, even technically supported by the Coin98 Software or created by us.

You hereby acknowledge and agree that we have no liability to any claims or damages that may arise as a result of any actions or transactions that you engage in while interacting with Protocols through the Coin98 Software.

You acknowledge that the functionality of Protocols is experimental in nature. We make no representations or warranties of any kind regarding these third-party applications, including but not limited to representations and warranties of compliance, availability, or security. We make no representations or warranties that Protocols are compliant with laws of any jurisdiction, and you are solely responsible for making any such determination with respect to your interaction with such Protocols.

Your interaction with Protocols can be subject to or can incur fees, including fees of such Protocols or Liquidity Providers, or application of interest rates by Protocols.

Please note that the graphic user interface to technically supported Protocols accessible via the Coin98 Software is only the one of user interfaces to access such Protocols. Please note as well that we are a separate entity from, not an affiliate of, and have no control or management over named Protocols.

3.5. Interaction with Blockchains

Coin98 Software provides its users with the graphic user interface and functionality to technically interact with various Supported Blockchains Networks. Coin98 Software allows users to retrieve information on Digital Assets and their markets, technically interact with such Supported Blockchain Networks through the provided graphical user interface, including, but not limited to, interact with blockchains for transfer of Digital Assets or submitting any information to Supported Blockchains Networks.

You hereby acknowledge and agree that you interact directly with the corresponding Supporting Blockchain Networks, we do not control your interaction with such Supporting Blockchain Networks and do not process or transmit any information, data or transactions entered by you. You hereby acknowledge and agree that we have no liability to any claims or damages that may arise as a result of any actions or transactions that you make or engage in while interacting with Supported Blockchains Networks through the Coin98 Software.

Please note that the graphic user interface to technically Supported Blockchains Networks accessible via the Coin98 Software is only the one of user interfaces to access such Supported Blockchains Networks as well as you can interact with such Supported Blockchain Networks directly through its code without using any third-party graphic user interface. Please note as well that we are a separate entity from, not an affiliate of, and have no control or management over named Supported Blockchains Networks.

We reserve the right to cancel or refuse your interaction with any Supported Blockchain Networks or the accessibility of total interaction functionality to you due to requirements of any applicable Laws or regulations, and without prior notice to you.

1. Use of the Services

Your Wallets, Digital Assets, and virtual currencies are completely in your own control. You are the one and only one responsible for manipulating your fund to perform any transfers of Digital Assets. We cannot interfere with any of your Digital Assets storage and transactions from your Wallets in any case. For clarity, transactions you make through Coin98 Software are intended for and may only be used with supported Digital Assets on Supported Blockchain Networks only. Among other things, the Services may not function correctly when used with other unsupported Digital Assets or Blockchain. Coin98 shall have no liability to you for any loss, damage or interruption caused by your attempt to use the Service for other Digital Assets.

The supported Digital Assets may be programmed using smart contracts to have certain in-built rules or conditions that will be automatically executed when such rules or conditions are met. The rules or conditions may be notified to you within the interface of Coin98 Software, however it is your responsibility to fulfill the conditions embedded therein in order to use or transact such supported Digital Assets. Coin98 will not be liable for any loss, damage, or interruptions caused by your failure to meet the rules or conditions of such Supported Digital Assets.

Coin98 does not maintain any Wallets (either single-chain or multi-chain like), and it does not act as a custodian of user’s Digital Assets even if any such Wallet was created via the Coin98 Software. You hereby acknowledge and agree that Coin98 has no liability for or control over the safety, suitability, quality, delivery, legality or other aspects of any of your Digital Assets.

You acknowledge that the transfer of a Supported Digital Assets cannot be canceled, reversed or refunded once it has been broadcast to the relevant blockchain, although it may be in a pending status, and designated accordingly, while the transfer is processed by network operators. Coin98 will not have any responsibility or liability if you have instructed a message to send Digital Assets via Coin98 Software to an Address that is incorrect, improperly formatted, erroneous or intended for a different type of Digital Asset, or to which Coin98 has informed you not to send the unsupported Digital Assets.

Coin98 does not control any blockchain or the relevant Protocol and makes no guarantee that a transfer of Supported Digital Assets will be confirmed by a relevant Protocol. Coin98 may refuse to process or cancel any transaction as required by law or any court or other authority to which Coin98 is subject in any jurisdiction. Additionally, an amount of time after completion of a transfer of Digital Assets may be required before your next use of our further Services and/or before you engage in any transaction beyond certain volume limits.

If you attempt to transfer to and from your Wallet any Digital Assets that are not the Supported Digital Assets, such Digital Assets may be permanently lost. Coin98 will not be responsible if you lose Digital Assets due to any such attempted transfer or due to your transfer of unsupported Digital Assets, unsupported blockchain networks or other Digital Assets to an incorrect address.

If you attempt to use the Services for any Digital Assets other than the Supported Digital Assets on any networks other than the Supported Blockchain Network in violation of these Terms, you are solely responsible for the payment of any applicable network fees associated with the applicable Digital Assets. If you do not have sufficient Digital Assets to pay such fees, you may not be able to complete any transactions using such other Digital Assets. Coin98 shall have no liability to you for your use of the Wallet in violation of these Terms.

Coin98 does not own or control the supported Protocols which govern the operations of the Supported Digital Assets. You acknowledge and agree that (a) the Services and the Supported Digital Assets are subject to changes in supported Protocol rules; (b) Coin98 is not responsible for operation of the supported Protocols and that Coin98 makes no guarantee of their functionality, security or availability; (c) Coin98 may suspend or disable the Services in the event of such change; and (d) Coin98 may decide not to support the new changed Protocols entirely or may configure the Services to enable you to transfer the affected Supported Digital Assets.

Coin98 may provide you with the functionality of interacting with Protocols that support or allow Staking based on criteria and according to conditions specified by these Protocols. Staking Protocols may provide functionality of aggregating or routing of the Staked Digital Assets when such Staked Digital Assets may be automatically routed by a staking Protocol for generating additional yield. All calculation and distribution of any applicable Rewards (As defined in Section 7 herein) happen in a complete decentralized fashion through the Protocol operated at the peer-to-peer model according to the initial parameters set at the moment of creation of the Protocol or any related decentralized Staking pool (“Staking Pool”).

We may create or launch Protocols or Staking Pools, provided that as soon as they are launched, they will not be operated or controlled by us, rather they will be decentralized. We may monitor any Staking Pool created by us in order to determine if you are eligible for any privileged access announced by us.

You do not interact with us when you perform Staking, rather you interact with a Protocol directly. We do not own or control the underlying software which governs the operation of Protocols, even technically supported by the Coin98 Software or created by us. Coin98 does not and will not be responsible or liable to you for the distribution of any Staking Rewards. Also, Coin98 does not and will not be responsible or liable to you for the provision of any benefits unless specifically promised by Coin98.

By performing Staking you will be unable to access your Staked Digital Assets unless you unstake them. In some instances, you may be unable to unstake Digital Assets before the specified period of time or the specified event, or such unstaking can incur any additional costs to you and/or loss of Staking Rewards.

You hereby acknowledge and agree that we have no liability to any claims or damages that may arise as a result of your Staking and interaction with Staking Pools through the Coin98 Software.

Your Staking can be subject to or can incur fees, including fees of Protocols, Staking Pools, transaction fees of blockchains.

We do not represent and warrant that we will technically support any Protocols or Staking Pools even technically supported before, notwithstanding if you perform Staking or not. We do not guarantee that you will be able to interact with any Protocols or Staking Pools through the Coin98 Software in future, including that you will be able to unstake your Digital Assets through the graphic user interface of the Coin98 Software.

You agree that Coin98 reserves the right to impose limits, restrictions and/or further conditions to your access to and use of the Services. You further agree that Coin98 reserves the rights, as it deems necessary, among others, to change, suspend, or discontinue any aspect of the Services at any time, including availability of any feature without notice and without liability.

You further agree that (a) Coin98 is not responsible for the regulatory status or treatment in any jurisdiction of any Supported Digital Assets that you may access or transact using the Services; (b) you alone are responsible for any transactions that you engage (whether or not authorized by you); and (c) Coin98 or any third party partner may refuse, limit, condition, or suspend any support for any Supported Digital Token if Coin98 or any third party partner is required to do so under law or under the direction of a regulatory authority.

1. Fees

Interacting with the Protocol and/or Services may require that you pay a fee, such as network fees and other charges needed to perform a transaction (“Fee”). You must ensure that you have an adequate balance in your Wallet and/or “gas” to complete transactions before initiating a transaction. The Fee for a specific transaction will be displayed to you in the Coin98 Software during the initiation of a transaction and must be accepted before executing such a transaction. We reserve the right to change those Fees at our discretion. Fees applicable to the Services or any component of the Services, if any, shall be set forth or displayed in the Coin98 Software from time to time. By using Coin98 Software or the Services, you hereby consent to such Fees being debited from either or a combination of both of the source Digital Assets or destination Digital Assets applicable to your relevant transaction at the time such transaction is processed. You acknowledge and agree that we will not be liable for any failed transactions or losses you incur due to incorrectly set transaction Fees (i.e. too low or too high) or due to insufficient funds or gas associated with your Wallet Address. You further acknowledge and agree that we do not have access to your or anyone else’s transactions.

1. Taxes

The use of Services shall be exclusive of all taxes that are applicable to, arising from, or in connection to your use of the Services, including your receipt and holding of Digital Assets in any jurisdiction (any such taxes, a “Payable Tax”).

You shall be responsible for determining any Payable Tax and declaring, withholding, collecting, reporting and remitting the correct amount of Payable Tax to the appropriate tax authorities. You shall be solely liable for all losses, penalties, claims, fines, punishments, or other liabilities arising from the non-fulfilment or non-performance to any extent of any of your obligations in relation to the Payable Tax. Coin98 shall not be responsible for, or responsible for determining, any Payable Tax attributable to you or declaring, withholding, collecting, reporting or remitting the correct amount of Payable Tax to any Governmental Authority.

1. Rewards

In connection with your historic or current use of the Staking, we may provide you certain incentives or rewards on behalf of the blockchain network for completing certain activities, such as completing a certain number of transactions ("Rewards"). Details regarding the criteria for earning Rewards will be described within the applicable Service. Upon satisfaction of the criteria for obtaining Rewards and subject to your compliance with the associated rewards terms, these Terms, and the applicable Laws - to be determined exclusively by Coin98 - we will use commercially reasonable efforts to promptly transfer the earned Rewards to the Wallet that you designate or have connected to the applicable Service. We reserve the right to change, modify, discontinue or cancel any Rewards programs at any time and without notice to you.

You acknowledge that (i) such Rewards may be issued in the same denomination as the Digital Assets, (ii) any estimates or projections of Rewards, as applicable, are not a guarantee, (iii) we will never ask for and you should never provide to us the private key for your Wallet, (iv) we are not responsible for the loss of your private key or your inability to access (A) your Wallet, or (B) any resulting Rewards that may be stored therein, and (v) you assume responsibility for ensuring we have the correct and valid address of your Wallet(s). You specifically acknowledge and understand that your Rewards may be subject to a bonding period by Smart Contract that may render your Rewards and/or Digital Assets unavailable and/or subject to other restrictions imposed and controlled by such Smart Contract.

1. Information accessible via Coin98 Software

Coin98 may provide users with access to various information related to Digital Assets and markets of Digital Assets through the Coin98 Software.

All the information displayed via the Coin98 Software is retrieved directly from the respective blockchains, Protocols or specified trading platforms and is not collected, compiled or in any manner modified or processed by Coin98.

We cannot and do not represent or guarantee that any of the information available through the Coin98 Software including, but not limited to, the charts, diagrams, graphs, is accurate, reliable, current, complete, valid, stable or appropriate for your needs. We do not guarantee the timeliness of the technology or information involved in the Coin98 Software. We disclaim any liability for any loss or damage should you use or view the information available through the Coin98 Software.

In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies and Services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Coin98 Software are your sole responsibility and we shall have no liability for such decisions. Information provided by third parties, including historical price and supply data for Digital Assets, is for informational purposes only and we make no representations or warranties to its accuracy.

1. Use of Third-Party Materials

If you access Coin98 Software or use any of our Services, you may also be using the Third-Party Integrated Applications or content of one or more third parties (“Third-Party Materials”). Your use of such Third-Party Materials may be subject to separate policies, terms of use and fees of these third parties, and you agree to abide by and be responsible for such policies, terms of use and fees, as applicable. You further acknowledge and agree that:

(a) Coin98 makes no warranties or representations, express or implied, about such linked Third-Party Materials, the third parties they are owned and operated by, the information contained on them, the suitability of their products or services, or the assets they make accessible;

(b) Coin98 is not responsible for your access or use of Third-Party Materials and shall have no liability whatsoever in connection with your use of Third-Party Materials, including, without limitation, any transactions you dispute;

(c) the limits of amounts that you may exchange via Third-Party Materials per day shall be subject to any requirements of the third-party developed smart contracts;

(d) blockchain operations are irrevocable meaning when you conduct any transactions via Third-Party Materials, you shall be solely responsible for the consequences of any issues associated with such transactions, including, without limitation, your transfer to an incorrect address or problems associated with the node servers selected by you;

(d) when you use Third-Party Materials, third-party developed Smart Contracts may charge you handling fees and/or service fees and any information displayed on Coin98 Software relating to such fees are for your reference only as Coin98 cannot and does not guarantee its accuracy, applicability, reliability, integrity or appropriateness, nor shall Coin98 be liable for any loss or damage that may be caused directly or indirectly by your use of these contents; and

(e) Coin98 may, in its discretion, charge such fees at any time in the future. Any updated fees will apply to any transaction that occurs following the effective date of the updated fees.

1. Acknowledgement, Representations and Warranties

10.1. By accepting these terms, you acknowledge and agree that:

(a) The Services and the Digital Assets do not and are not intended to constitute securities of any form, units in a business trust, units in a collective investment scheme or any other form of investment in any jurisdiction and these Terms do not and are not intended to constitute an offer of securities of any form, units in a business trust, units in a collective investment scheme or any other form of investment in any jurisdiction or a solicitation for any form of investment in any jurisdiction;

(b) None of the Services and the Digital Assets shall be construed, interpreted, classified or treated as enabling, or according any opportunity to you, to participate in or receive profits, income, or other payments or returns arising from or in connection with any of the Services and the Digital Assets, or to receive sums paid out of such profits, income, or other payments or returns, solely by virtue of you holding the Digital Assets;

(c) No regulatory authority has examined or approved of these Terms, no such action has been or will be taken under the Laws of any jurisdiction, and the provision of these Terms to you does not imply that Laws have been complied with;

(d) You are fully aware of and understand and agree to assume all the risks (including direct, indirect or ancillary risks) associated with (i) any of Coin98 Software, the Services, the Digital Assets; and (ii) your use of any of the Services, any Wallet or user interface used in connection with any of the Services, Coin98 Software and any extension of the Coin98 Software;

(e) The prices and liquidity of Digital Assets are extremely volatile. Fluctuations in the price of other Digital Assets could materially and adversely affect the Digital Assets made available through the Services, which may also be subject to significant price volatility. We cannot guarantee that you will not lose money and have no responsibility to you for any such loss;

(f) There are risks associated with using an internet-based currency, including but not limited to, the risk of hardware, software and Internet connections, 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 Coin98 will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services for transactions, however caused;

(g) The regulatory regime governing blockchain technologies, cryptocurrencies, and digital assets is uncertain, and new regulations or policies may materially adversely affect the development of the Services;

(h) The Services may rely on third-party’s infrastructure to perform transactions with respect to any Digital Assets. If we are unable to maintain a good relationship with such third-party providers; if the terms and conditions or pricing of such third-party providers change; if we violate or cannot comply with the terms and conditions of such apps; or if any of such apps loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Services will suffer;

(i) The Digital Assets, or any Digital Assets you acquire, including through a third-party exchange may lose some or all of their value and you may suffer loss due to the fluctuation of prices of Digital Assets and/or significant price slippage and cost. You understand that anyone can create a Digital Asset, including fake versions of existing Digital Assets and Digital Assets that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other Digital Assets. You further acknowledge that we are not responsible for any of these variables or risks and that we cannot be held liable for any resulting losses that you experience while accessing or using the Services;

(j) No consent, approval, order or authorization of, or registration, qualification, designation, declaration or filing with, any regulatory authority in any jurisdiction (the “Approvals”) is required on your part in connection with your use of any of the Services, or where any Approvals are required, such Approvals have been obtained and remain valid and in full force and effect and your use of the Services and Coin98 Software does not constitute, and you do not expect it to result in, a breach, default, or violation of any Laws or any contract or agreement to which you are a party or are otherwise bound. You are responsible for ensuring compliance with the Laws of your jurisdiction in connection with your use of the Services and Coin98 Software, and acknowledge that Coin98 is not liable for your compliance or non-compliance with any such Laws;

(k) The Digital Assets to be used for Staking have not been obtained through any acts in connection with money laundering, terrorism financing or any other acts in breach or contravention of any Laws;

(l) The Digital Assets received by you will not be used for any purpose in connection with money laundering, terrorism financing or any other acts in breach or contravention of any Laws;

(m) Coin98 Software, the Services, and the Smart Contract may be subject to exploits. Coin98 is not responsible for exploits and it is not possible to guarantee that Coin98 Software, the Services, and the Smart Contract are completely free from bugs or errors. Users accept all risks that arise from using Coin98 Software, the Services, and the Smart Contracts, including the risk of any funds being lost due to a failure or exploit of Coin98 Software, the Services, or the Smart Contracts;

(n) You are solely responsible for securing the private keys associated with any Wallet or blockchain Address you may use when accessing the Services. You understand that anyone who obtains your private keys and access to your device may access your Wallet or a blockchain address controlled with such private keys with or without your authorization and may transfer any Digital Assets accessible through your Wallet or such blockchain Address;

(o) We make no guarantees as to the price or value of any Digital Asset on any secondary market, including the liquidity pools accessible using the Services;

(p) There is a risk of inactivity in Staking Pool if the market rates associated with the Digital Assets that make up the Staking Pool fall outside the minimum and maximum prices supported. You are ultimately responsible for determining what the minimum and maximum prices are;

(q) Support for Coin98 Software, and the Smart Contracts may be modified or discontinued at any time. Coin98 reserves the right, at any time, in our sole discretion and without prior notice, to modify Coin98 Software;

(r) 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 Services may not support activity related to any new digital assets or Tokens created as a result of the Fork. In addition, in the event of a Fork, transactions on the network may be disrupted, including transactions involving the Smart Contracts.

1. Intellectual Property

11.1. Proprietary property of Coin98

Coin98 Software and the Services, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, the Coin98 logo and all designs, layouts, displayed, technical information, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Coin98 or our Affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our Affiliates, licensors, and users, as applicable, reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works.

“Coin98” name, logo, trademarks, and any Coin98 product or Services names, designs, logos, and slogans are the intellectual property of Coin98 or our Affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “Coin98” or any other name, trademark, or product or Services name of Coin98 or our Affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Coin98 Software and the Services constitutes the Services mark, trademark, or trade dress of Coin98 Software and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

All other third-party trademarks, registered trademarks, and product names mentioned on the Coin98 Software and/or the Services or displayed on the Coin98 Software and/or Services are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Coin98.

As long as you agree to and comply with these Terms, we grant you a non-exclusive, non-sublicensable and non-transferable license to use Coin98 Software and the Services for your personal use only. You will not: (a) reproduce, modify, adapt or create derivative works of any part of the Coin98 Software; (b) rent, lease, distribute, sell, sublicense, transfer, or provide access to Coin98 Software; (c) use the Coin98 Software for the benefit of any third party; (d) incorporate the Coin98 Software into a product or service you provide to a third party without our prior written consent; (d) circumvent mechanisms in Coin98 Software intended to limit your use; (f) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, including images and texts, underlying ideas, algorithms, file formats or non-public APIs to the Coin98 Software, except to the extent expressly permitted by applicable law (and then only upon advance notice to us); (g) remove or obscure any proprietary or other notices contained in Coin98 Software; or (h) use Coin98 Software for competitive analysis, as part of any other software or project of any kind or to build competitive products.

In the case that you give us comments, suggestions, and recommendations concerning the Services (including modifications, enhancements, improvements or suggested changes to the Services, or any feature or function of the Services) (collectively, “Feedback”), you hereby grant us and our affiliates a world-wide, royalty-free, irrevocable, perpetual license (with the right to grant and authorize sublicenses) to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, publicly perform and otherwise exploit such Feedback without restriction, including in relation with the Services and any updates, extensions or successive versions of the Services.

11.2. Proprietary property of users

You are solely responsible for your conduct and any data, text, information, names, images, graphics, photos, imagery, and other content that you submit, post display on, or via the Coin98 Software (“User Content”). Coin98 will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of, or failure to store or encrypt any User Content. In case we suspend or terminate your access to the Services, you will not have access to the User Content.

If you activate the functionalities that permit you to share User Content with others, anyone you've shared User Content with (including the general public, in certain circumstances) may have access to your User Content.

You hereby allow Coin98, its affiliates and its contractors the right to use, modify, adapt, reproduce, distribute, transmit, display and disclose User Content as reasonably necessary to provide the Services or as otherwise permitted by these Terms. You represent and warrant that: (a) you have all the rights in the User Content that you provide necessary for you to use the Services and to grant the rights in these Terms; and (b) the storage, use, display, reproduction, distribution, modification, adaptation or transmission of such User Content doesn't violate any law or these Terms.

You will: (a) be solely responsible for nature, quality, and accuracy of the User Content; (b) ensure that the User Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations; (c) promptly handle and resolve any notices and claims relating to the User Content, including any notices sent to you by any person claiming that any User Content violates any person's rights.

1. Prohibited Use

12.1. You shall be responsible for the reporting requirements under the Laws in respect of any dealing with Digital Assets including the reporting requirements in respect of any taxable income derived in connection with the use of Services to the relevant Governmental Authority.

12.2. Your relationship with us and the operation and use of Services shall be subject at all times to the Laws. Coin98 may take or refrain from taking any action whatsoever, and you shall comply with, and shall do all things required by Coin98, in order to procure or ensure compliance with the Laws. You acknowledge and agree that Coin98 shall not be liable to you as a result of any action taken by Coin98 to comply with the Laws.

You may not use the Services to engage in the following categories of activity (“Prohibited Uses”). The specific types of uses listed below are representative but are not exhaustive. We may update the Prohibited Uses of the Services from time to time, and you hereby acknowledge and agree that it shall be your sole responsibility to ensure that your use of the Services does not involve a Prohibited Use. By using the Services, you confirm that you will not, and you will not aid, abet, encourage or induce any third party to engage in any of the actions and activities in any manner utilizing the Services which:

(a) violate, misappropriate, or infringe the rights of Coin98, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;

(b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm;

(c) involve publishing falsehoods, misrepresentations, or misleading statements;

(d) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like;

(e) involve any non-personal use of our Services unless otherwise authorized by us;

(f) impersonate someone or use or attempt to use another user’s Wallet without authorization or use Coin98 Software and/or Services in any manner that could interfere, disrupt, negatively affect, or inhibit other users from fully enjoying it;

(g) take any action that may impose an unreasonable or disproportionately large load on our or any of our third-party providers’ infrastructure;

(h) access the Coin98 Software or use the Services to copy, modify, or create derivative works of the Coin98 Software or the the Services or any related software or code, or reverse engineer, disassemble, decompile, decode, adapt, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to Coin98 Software or the Services, or otherwise attempt to derive or gain access to any software component of Coin98 Software or the Services, including those of third parties;

(i) collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

(j) impersonate or misrepresent your affiliation with any person or entity;

(k) engage or assist in any activity that violates any law, statute, ordinance, regulation, or sanctions program, or that involves proceeds of any criminal or fraudulent activity (including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of Coin98 Software and/or Services);

(l) use Coin98 Software and/or Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying Coin98 Software and/or Services;

(m) sell, resell, rent, or charge for our Services or data obtained from us, our users or our Services in an unauthorized manner;

(n) facilitate or assist another person to do any of the above acts.

1. Covenants

By accessing Coin98 Software, using the Services, uploading, distributing any content, including but not limited to messages, text, data, images, video or other media ("Content") to Coin98 Software, you further covenant that:

(a) any Digital Assets you transfer via the Services have been legally obtained by, and belong to, you;

(b) you will not provide any false, inaccurate or misleading information while using the Services, or engage in any activity that operates to defraud Coin98 Software, other users of the Services, or any other person or entity;

(c) you will not use the Services to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion;

(d) any Digital Assets you use in connection with the Services are either owned by you or you are validly authorized to carry out actions using such assets;

(e) you will pay all fees necessary for interacting with the Services, or any other network with which the Services are compatible, including "gas" costs, as well as all fees charged by us for your use of the Services;

(f) you are solely responsible for the consequences of any use or publication of the Content and hold Coin98 harmless from, any claims or legal action arising from its use or distribution; and

(f) You agree to comply with all applicable U.S. and non-U.S. export control and trade sanctions laws ("Export Laws"). Without limiting the foregoing, you may not access Coin98 Software or use the Services if (i) you are in, under the control of, or a national or resident of Cuba, Egypt, Hong Kong, Iran, Iraq, People’s Republic of China, Saudi Arabia, Syria, Ukraine, United States of America or any other country subject to United States embargo, UN Security Council Resolutions, HM Treasury's financial sanctions regime, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List HM Treasury's financial sanctions regime; or (ii) you intend to supply any services to Cuba, Egypt, Hong Kong, Iran, Iraq, People’s Republic of China, Saudi Arabia, Syria, Ukraine, United States of America or any other country subject to United States embargo or HM Treasury's financial 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 sanctions regime.

1. Indemnity

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Coin98, and our Affiliates, officers, directors, agents, partners and employees (individually and collectively, the “Coin98 Parties”) from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”) arising out of or related to (a) your use or misuse of the Services and Coin98 Software, (b) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights), (c) your violation or breach of any term of these Terms or applicable Laws, (d) your violation of the rights of or obligations to a third party, including another user or third-party, and (e) your fraud, negligence or willful misconduct. You agree to promptly notify Coin98 Parties of any third-party Claims, cooperate with Coin98 Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Coin98 Parties will have control of the defense or settlement, at Coin98’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Coin98.

If Coin98 is obligated to respond to a subpoena or other compulsory legal or court order or process relating to subject matter that is within the scope of your indemnity under this Section, you agree to reimburse Coin98 its legal fees, as well as its employees’ and contractors’ time and materials spent responding to the subpoena or other compulsory legal or court order or process at reasonable hourly rates.

1. Warranty Disclaimers

COIN98 SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. COIN98 EXPRESSLY DISCLAIMS ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COIN98 MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET USERS’ OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE AVAILABLE AT ANY TIME OR IN ANY GEOGRAPHIC LOCATION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. COIN98 MAKES NO WARRANTY OR REPRESENTATION THAT THE SERVICES DO NOT INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, THAT THE SERVICES WILL NOT INCIDENTALLY INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS BY NATURE OF ITS OPERATION. COIN98 CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT USERS DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE SERVICES OR FROM COIN98 SOFTWARE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD COIN98 RESPONSIBLE FOR ANY BREACH OF SECURITY.

COIN98 MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE FUNCTIONALITY OF THE COIN98 SOFTWARE AND THE SERVICES, OR THAT AND COIN98 SOFTWARE AND THE SERVICES WILL OPERATE FREE FROM INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS THAT MAY DELAY, HINDER OR PREVENT THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO OR ON THE SERVICES, OR ANY OTHER NETWORK. THE DURATION OF ANY IMPLIED WARRANTY THAT IS NOT EFFECTIVELY DISCLAIMED WILL BE LIMITED TO THE LONGER OF (I) THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE THE APPLICABLE SERVICE AND (II) THE SHORTEST PERIOD ALLOWED UNDER APPLICABLE LAW. SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR SERVICES RELY ON EMERGING TECHNOLOGIES AND THIRD PARTY DECENTRALIZED EXCHANGES. SOME SERVICES ARE SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY. BY USING THE SERVICES, YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS. COIN98 SHALL NOT BE LIABLE FOR THE FAILURE OF ANY MESSAGE TO SEND TO OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM, OR FOR DIMINUTION OF VALUE OF ANY DIGITAL ASSET ON BLOCKCHAIN NETWORKS, AND COIN98 MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SAME.

1. Acknowledgment of Certain Risks; Other Disclaimers; Release of Claims

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: (I) FAILURES, DISRUPTIONS, ERRORS, OR DELAYS IN THE PROCESSING OF DIGITAL ASSETS THAT YOU MAY EXPERIENCE WHILE USING THE SERVICES OR COIN98 SOFTWARE; (II) THE RISK OF FAILURE OF HARDWARE, SOFTWARE, AND INTERNET CONNECTIONS; (III) THE RISK OF MALICIOUS SOFTWARE BEING INTRODUCED OR FOUND IN THE SOFTWARE UNDERLYING THE WALLET; (IV) THE RISK THAT THIRD PARTIES MAY OBTAIN UNAUTHORIZED ACCESS TO INFORMATION STORED WITHIN YOUR WALLET, INCLUDING, BUT NOT LIMITED TO YOUR WALLET ADDRESS, PRIVATE KEY, AND PASSPHRASE; AND (V) THE RISK OF UNKNOWN VULNERABILITIES IN OR UNANTICIPATED CHANGES TO THE APPLICABLE BLOCKCHAIN NETWORKS.

YOU UNDERSTAND THAT BLOCKCHAIN NETWORKS REMAINS UNDER DEVELOPMENT, WHICH CREATES TECHNOLOGICAL AND SECURITY RISKS WHEN USING THE SERVICES IN ADDITION TO UNCERTAINTY RELATING TO DIGITAL ASSETS AND TRANSACTIONS THEREIN. YOU ACKNOWLEDGE THAT THE COST OF TRANSACTING ON BLOCKCHAIN NETWORKS IS VARIABLE AND MAY INCREASE AT ANY TIME, THEREBY IMPACTING ANY ACTIVITIES TAKING PLACE ON BLOCKCHAIN NETWORKS, WHICH MAY RESULT IN PRICE FLUCTUATIONS OR INCREASED PRICES FOR USING THE SERVICES.

USE OF THE SERVICES OR CỌIN98 SOFTWARE, IN PARTICULAR FOR TRADING DIGITAL ASSETS, MAY CARRY FINANCIAL RISK. DIGITAL ASSETS ARE, BY THEIR NATURE, HIGHLY EXPERIMENTAL, RISKY, AND VOLATILE. TRANSACTIONS ENTERED INTO IN CONNECTION WITH THE SERVICES ARE IRREVERSIBLE, FINAL AND THERE ARE NO REFUNDS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL ACCESS AND USE THE SERVICES AT YOUR OWN RISK. THE RISK OF LOSS IN TRADING DIGITAL ASSETS CAN BE SUBSTANTIAL. YOU SHOULD, THEREFORE, CAREFULLY CONSIDER WHETHER SUCH TRADING IS SUITABLE FOR YOU IN LIGHT OF YOUR CIRCUMSTANCES AND FINANCIAL RESOURCES. BY USING THE 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. YOU REPRESENT THAT YOU HAVE SUFFICIENT KNOWLEDGE, MARKET SOPHISTICATION, PROFESSIONAL ADVICE, AND EXPERIENCE TO MAKE YOUR EVALUATION OF THE MERITS AND RISKS OF ANY TRANSACTION CONDUCTED IN CONNECTION WITH THE SERVICES OR ANY DIGITAL ASSET. YOU ACCEPT ALL CONSEQUENCES OF USING THE SERVICES, INCLUDING THE RISK THAT YOU MAY LOSE ACCESS TO YOUR DIGITAL ASSETS INDEFINITELY. ALL TRANSACTION DECISIONS ARE MADE SOLELY BY YOU. NOTWITHSTANDING ANYTHING IN THESE TERMS, WE ACCEPT NO RESPONSIBILITY WHATSOEVER FOR, AND WILL IN NO CIRCUMSTANCES BE LIABLE TO YOU IN CONNECTION WITH, YOUR USE OF THE SERVICES FOR PERFORMING DIGITAL ASSET TRANSACTIONS.

THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICES OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SERVICES AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE SERVICES CAUSED BY SUCH FACTORS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY ALL APPLICABLE LAWS AND REGULATIONS, YOU, FOR AND ON BEHALF OF ALL NATURAL AND LEGAL PERSONS WHO MAY CLAIM THROUGH OR UNDER YOU, ON YOUR BEHALF, OR OTHERWISE IN RESPECT OF YOU, RELEASE AND FOREVER DISCHARGE COIN98 AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, ATTORNEYS, AND ADVISERS, AND ALL OF ITS AND THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS AND CAUSES OF ACTION OF ANY KIND WHATSOEVER, WHETHER UNDER COMMON LAW, STATUTORY, CONTRACTUAL, TORTIOUS, EQUITABLE, OR OTHERWISE, AND ALL LOSSES, DAMAGES, TAXES, LIABILITIES, COSTS, AND EXPENSES, WHICH YOU HAVE, EVER HAD, MAY HAVE, OR HEREAFTER MIGHT HAVE, WHETHER KNOWN OR UNKNOWN, NOW EXISTING OR WHICH MIGHT ARISE OR ACCRUE HEREAFTER, RELATING TO OR ARISING FROM THE MATTERS LISTED IN THIS SECTION.

IN NO EVENT SHALL COIN98 NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY LOSSES REALIZED OR DEMANDED OF USERS RELATED TO USERS’ ACCESS TO OR USE OF THE SERVICES, INCLUDING ANY LOSSES FOR INTELLECTUAL PROPERTY INFRINGEMENT. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF COIN98 FOR DAMAGES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO COIN98 FOR USE OF THE SERVICES OR ONE HUNDRED U.S. DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO COIN98, AS APPLICABLE.

1. Limitation of Liability

IN NO EVENT SHALL COIN98 NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, INCLUDING, BUT NOT LIMITED TO: ANY UNAUTHORIZED USE OF YOUR WALLET ADDRESS AND/OR PRIVATE KEY DUE TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR WALLET, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN COIN98 SOFTWARE OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION); (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY; AND (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE LIMITATIONS OF LIABILITY IN THIS SECTION PROTECT COIN98’S AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISERS, AND REPRESENTATIVES OF COIN98 AND ITS AFFILIATES, AND ALL OF THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, AND ASSIGNS, TO THE SAME EXTENT THAT COIN98 IS PROTECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR SOME TYPES OF DAMAGES. TO THAT END, THE EXCLUSIONS OF WARRANTIES AND THE LIMITATIONS OF LIABILITY ARE TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU AGREE TO WAIVE ALL RIGHTS TO ASSERT ANY CLAIMS UNDER APPLICABLE LAWS AND REGULATIONS AND YOU AGREE THAT YOU MAY MAKE CLAIMS BASED ONLY ON THESE TERMS.

YOU ACKNOWLEDGE THAT COIN98 HAS ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COIN98.

1. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, and disclose information from our Services users. By submitting personal data through Coin98 Software and Services, you agree to the terms of Privacy Policy and you expressly consent to the collection, use, and disclosure of your personal data in accordance with the Privacy Policy.

1. Future Changes to Coin98 Software and the Services

We are always working to improve Coin98 Software and Services, so Coin98 Software and Services may change over time. We may suspend or discontinue any part of the Coin98 and Services or we may introduce new features or impose limitations on certain features or restrict access to part or all the Coin98 and Services.

1. Resolving Disputes; Binding Arbitration

We want to address your concerns without needing a formal legal case. Before filing a claim against Coin98, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email at [e-mail]. The notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we can’t resolve matters within thirty (30) days after any notice is sent, either party may initiate a formal proceeding.

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Coin98 and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

(a) No Representative Actions. You and Coin98 agree that any dispute arising out of or related to these Terms, or our Services is personal to you and Coin98 and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

(b) Arbitration of Disputes. Except for claims disputes in which you or Coin98 seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Coin98 waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. All Disputes shall be submitted to the Singapore International Arbitration Centre (“SIAC”) to be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings shall be conducted virtually. You and Coin98 agree that Disputes will be held in accordance with the SIAC Arbitration Rules and Procedures (“SIAC Rules”). The most recent version of the SIAC Rules is incorporated into these Terms by reference. You either acknowledge and agree that you have read and understand the SIAC Rules or waive your opportunity to read the SIAC Rules and waive any claim that the SIAC Rules are unfair or should not apply for any reason.

(c) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Coin98, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality doesn’t apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

(d) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Coin98 will not have the right to assert the claim.

(e) If any portion of this Section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall stay pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.

1. Governing Law

These Terms and your access to and use of the Services shall be governed by and construed and enforced in accordance with the laws of Saint Vincent and the Grenadines without giving effect to the conflict of laws principles thereof.

1. Termination

Notwithstanding the foregoing, we may suspend or terminate your access to the Services at any time in connection with any transaction as required by applicable law, any Governmental Authority, or if we in our sole and reasonable discretion determine you are violating these Terms or the terms of any third-party Services provider at our sole discretion, at any time and without notice to you. Such suspension or termination shall not constitute a breach of these Terms by Coin98. In accordance with its anti-money laundering, anti-terrorism, anti-fraud, and other compliance policies and practices, we may impose reasonable limitations and controls on the ability of you or any beneficiary to utilize the Services. Such limitations may include where good cause exists, rejecting transaction requests, freezing funds, or otherwise restricting you from using the Services.

You may cease access to Coin98 Software and use the Services at any time. You acknowledge and agree that we shall have no liability or obligation to you in such an event and that you will not be entitled to a refund of any amounts that you have already paid to us or any third party, to the fullest extent permitted by applicable law. Upon any termination, discontinuation, or cancellation of the Services, the following Sections will survive: 1, 2, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25.

1. Severability

If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.

1. Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to Coin98 for which monetary damages would not be an adequate remedy and Coin98 shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.

1. Miscellaneous

These Terms constitute the entire agreement between you and Coin98 relating to your access to Coin98 Software and use of the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Coin98, and Coin98’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.