The website located at is published, owned, and operated by Ion Protocol, Inc. its
Affiliates, and related entities (“Company”). These Terms of Use (the “Terms,” or “Agreement”) govern the
user’s (“User”) access to and use of the Platform’s (as defined below) front-end, whether accessed via
computer, mobile device, or otherwise (individually and collectively, the “Website,”) as well as any
products and services provided by Company (the “Ion Services”) (the Website, together with the Ion
Services, collectively referred to as the “Service”). ACCEPTANCE OF AGREEMENT THESE TERMS SET FORTH THE
LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN USER’S USE OF THE SERVICE AND ALL RELATED TOOLS, MOBILE
APPLICATIONS, WEB APPLICATIONS, DECENTRALIZED APPLICATIONS, SMART CONTRACTS, AND APPLICATION PROGRAMMING
INTERFACES (“APIS”) LOCATED AT ANY COMPANY WEBSITE INCLUDING WITHOUT LIMITATION, SUCCESSOR WEBSITE(S) OR
APPLICATION(S) THERETO (COLLECTIVELY, THE “PLATFORM”). THESE TERMS SET OUT USER’S RIGHTS AND
RESPONSIBILITIES WITH RESPECT TO USER’S USE OF THE PLATFORM FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO
DEPOSITING VARIOUS DIGITAL ASSETS AS COLLATERAL, SUCH AS LSTS, LP POSITIONS, AND INDEX PRODUCTS, INTO THE
PLATFORM’S SMART CONTRACTS, ENABLING THEM TO BORROW ETH FOR DEFI ACTIVITIES OR YIELD COMPOUNDING. BY USING
THE SERVICE OR ACCESSING THE PLATFORM IN ANY MANNER, USER ACCEPTS AND AGREES TO BE BOUND AND ABIDE BY
THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. BY AGREEING TO THESE TERMS, USER HEREBY
CERTIFIES THAT USER IS AT LEAST 18 YEARS OF AGE. IF USER DOES NOT AGREE TO THESE TERMS, USER MAY NOT
ACCESS OR USE THE WEBSITE OR THE PLATFORM. PLEASE BE AWARE THAT THESE TERMS REQUIRE THE USE OF ARBITRATION
(SECTION 14.5) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND
LIMIT THE REMEDIES AVAILABLE TO USER IN THE EVENT OF A DISPUTE. By accessing, browsing, submitting
information to, and/or using the Platform, User accepts and agrees to be bound and abide by these Terms
and Company’s Privacy Policy, incorporated herein by reference, and to comply with all applicable laws,
including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or
directives. Accordingly, under Article 6 of the General Data Protection Regulation, or “GDPR,” Users in
the European Union acknowledge and consent to Company’s processing of personal data as necessary for the
performance of these Terms, any applicable agreements, and use of the Website. If User does not agree to
the Terms, please do not use the Platform. AMENDMENTS Company reserves the right to amend this Agreement
and/or Company’s Privacy Policy described in Section 4 below, at any time with or without notice, as
determined by Company in its sole discretion. Company will post any amendment on the Website. User should
check this Agreement and Company’s Privacy Policy regularly for updates. By continuing to use the
Platform, the Website, or the Service after such amendment is made, User accepts and agrees to such
amendment. If User does not agree to any amendment to any of these agreements, User must stop using the
Platform, the Website, and the Service. If User has any questions about the terms and conditions in this
Agreement or Company’s Privacy Policy, please contact Company at [email protected]. DEFINITIONS AND
INTERPRETATION Defined Terms. Capitalized terms not otherwise defined in these Terms will have the
following meanings: “Affiliate” means, with respect to a party, any person, firm, corporation, partnership
(including, without limitation, general partnerships, limited partnerships, and limited liability
partnerships), limited liability company, or other entity that now or in the future, directly controls, is
controlled with or by or is under common control with such party. “Applicable Law” means all laws,
statutes, rules, regulations, ordinances, and other pronouncements having the effect of law of any
Governmental Authority, including the Republic of Panama. “Blockchain” generally means a peer-to-peer
distributed and public immutable ledger that maintains a record of all transactions occurring on such
ledger, through a growing list of records (blocks) that are securely linked together via cryptographic
hashes. Each block contains a cryptographic hash of the previous block, a timestamp, and transaction data.
“Business Day” means any day (other than a Saturday, Sunday, or legal holiday) on which financial
institutions in the Commonwealth of Virginia are authorized or obligated to close. “Ion Ecosystem” means
all the projects and functionalities listed at including without limitation any
transactions, communications, and collaborations with other established projects. “Governmental Authority”
means any court, tribunal, arbitrator, authority, agency, commission, official, or other instrumentality
of the United States or any state, county, city, or other political subdivision or similar governing
entity. “Smart Contract” means a program hosted on a Blockchain, consisting of code specifying
predetermined conditions that, when met, trigger self-executing outcomes. “Wallet” means a secure digital
wallet, created through a combination of private and public cryptographic keys, that enables users to
interact with, and transact on, blockchain networks including but not limited to cryptographically signing
smart contracts, and sending, receiving, and monitoring cryptocurrencies and other digital tokens. PRIVACY
By using the Platform, Website, or Service, User agrees to, and is bound by, the terms of Company’s
Privacy Policy, which is incorporated by reference into this Agreement as if it were set forth herein in
its entirety. The Privacy Policy describes how Company collects, uses, and discloses information provided
by User. COMMUNICATION WITH USERS User affirms that it is aware of and acknowledges that Company is a
Blockchain service provider and has designed the Platform to be directly accessible by Users without any
involvement or actions taken by Company or any third-party. THIRD-PARTY LINKS, PRODUCTS, AND APPLICATIONS
Third-party Sites. The Website may contain links to websites controlled or operated by persons and
companies other than Company (“Linked Sites”), including but not limited to any sites related to digital
transactions occasionally hyperlinked, such as Discord, Dune Analytics, X (Twitter), and websites
referencing or supporting Blockchain Technology projects, marketplaces, and trading platforms. Linked
Sites are not under the control of Company, and Company is not responsible for the contents of any Linked
Site, including without limitation any link contained on a Linked Site, or any changes or updates to a
Linked Site. Company is not responsible if the Linked Site is not working correctly or for any viruses,
malware, or other harms resulting from User’s use of a Linked Site. Company is providing these links to
User only as a convenience, and the inclusion of any link does not imply endorsement by Company of the
site or any association with its operators. User is responsible for viewing and abiding by the privacy
policies and terms of use posted on the Linked Sites. User is solely responsible for any dealings with
third parties who support Company or are identified on the Website, including any delivery of and payment
for goods and services. Company does not store any information shared with a Linked Site and is not
responsible for any personally identifiable information shared with any Linked Site. Third-Party Smart
Contracts. User acknowledges and understands that Company uses certain third-party Smart Contracts that it
has no ownership of, or control over, which are core components of the Platform. Company is not
responsible for any coding errors, glitches, or any functionality, or lack thereof, of such third-party
Smart Contracts. Release. To the fullest extent permitted by law, User hereby releases and forever
discharges Company (and its Affiliates, officers, employees, agents, successors, and assigns) from, and
hereby waives and relinquishes, each and every past, present, and future dispute, claim, controversy,
demand, right, obligation, liability, action and cause of action of every kind and nature (including
personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of,
or that relates directly or indirectly to, the Platform (including any interactions with, or act or
omission of, Company’s partners or any other third-party or any Linked Sites). IF USER IS A CALIFORNIA
RESIDENT, USER HEREBY WAIVES CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH
STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” THE PLATFORM Purpose of the Platform and
Website. The Platform is a fully decentralized liquidity lending protocol. The Platform allows Users to
borrow assets from the Platform by using validator-backed assets as collateral without requiring Users to
sacrifice the staking yield being accrued to those validator-backed assets. Similarly, the Platform will
provide liquidity to Users who deposit their liquid re-staking tokens into the Platform while retaining
their exposure to diverse sets of staking yield originating from actively validated services. The Website
is provided for Users to access the Platform, use the Service, and to provide updates about the Ion
Ecosystem to Users. Website Content. Company does not warrant the accuracy, completeness, or usefulness of
this information at any particular time for any particular purpose. Any reliance User places on such
information is strictly at User’s own risk. Company disclaims all liability and responsibility arising
from any reliance placed on such content by User, or by anyone who may be informed of any of its contents.
Use of the Website, Platform and Service; Licenses. Subject to this Agreement, Company grants User a
limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the
Platform, including the Website and the data, material, content, or information herein (collectively, the
“Content”) solely for User’s personal use. User’s right to access and use the same shall be limited to the
purposes described in these Terms unless User is otherwise expressly authorized by Company, in writing, to
use the Platform for User’s own commercial purposes. User agrees to use the Platform only for lawful
purposes, comply with all rules governing any transactions on and through the Platform and comply with the
law. Any rights not expressly granted herein are reserved, and no license or right to use any trademark of
Company or any third-party is granted to User. Additional Considerations Transactions Are Recorded on
Public Blockchains. The transactions that take place on the Platform are managed and confirmed via public
Blockchains. User understands that its Wallet address will be made publicly visible whenever it engages in
a transaction on the Platform. Company does not own or control any Blockchain that Company chooses to
interface with, or any other third-party site, product, or service that User might access, visit, or use
for the purpose of enabling User to access and utilize the various features of the Platform. Company is
not liable for the acts or omissions of any such third parties, and will not be liable for any damage that
a User may suffer as a result of its transactions or any other interaction with any such third parties.
Gas. All transactions on the Platform are facilitated by Smart Contracts. Public Blockchains require the
payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on its network, and thus
every transaction occurring on the Platform. The value of the Gas Fee changes, often unpredictably, and is
entirely outside of the control of Company or the Platform. User acknowledges that under no circumstances
will a transaction on the Platform be invalidated, revocable, retractable, or otherwise unenforceable on
the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable to
User. Prohibitions and Restrictions Prohibited Uses. User agrees that it will not: Use the Platform or the
Service in any manner that could damage, disable, overburden, or impair the Website or the Platform or
interfere with any other party’s use and enjoyment of the same; Attempt to gain unauthorized access to any
website or platform, computer systems, or networks associated with Company, the Platform, or the Website;
Obtain or attempt to obtain any materials or information through the Website by any means not
intentionally made available or provided by Company; Use any robot, spider, or other automatic device,
process or means to access the Website for any purpose, including monitoring or copying any of the
material on the Website; Introduce any viruses, Trojan horses, worms, logic bombs, or other material which
is malicious or technologically harmful; Send unsolicited messages or use the Website to send unsolicited
messages such as spam; Perform any benchmark tests or analyses related to the Website or the Platform
without express written permission of Company; Send spam or engage in phishing. Spam is unwanted or
unsolicited bulk email, postings, contact requests, or similar electronic communications. Phishing is
sending emails or other electronic communications to fraudulently or unlawfully induce recipients to
reveal personal or sensitive information, such as passwords, dates of birth, Social Security numbers,
passport numbers, credit card information, financial information, or other sensitive information, or to
gain access to Wallets or records, exfiltration of documents or other sensitive information, payment
and/or financial benefit; Attack the Website or the Platform via a denial-of-service attack or a
distributed denial-of-service attack; Impersonate or attempt to impersonate Company, a Company employee,
another User or any other person or entity (including, without limitation, by using email addresses
associated with any of the foregoing); License, sell, rent, lease, transfer, assign, distribute, host, or
otherwise commercially exploit the Service, whether in whole or in part, or any Content displayed on the
Service except as permitted herein; Modify, make derivative works of, disassemble, reverse compile or
reverse engineer any part of the Service or the Platform; or Access the Platform in order to build a
similar or competitive website, product, or service. Restrictions. Except as expressly stated herein, no
part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted,
or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or
other addition to functionality of the Platform will be subject to this Agreement. All copyright and other
proprietary notices related to the Platform (including on any Content displayed on the Website) must be
retained on all copies thereof. User will not use the Website or Platform for any illegal purpose.
Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Platform (in
whole or in part) with or without notice to Users. User agrees that Company will not be liable to User or
to any third-party for any modification, suspension, or discontinuation of the Platform or any part
thereof. Affiliates. The rights, duties and/or obligations of Company under this Agreement may be
exercised and/or performed by Company and/or any of Company’s Affiliates, or any of their subcontractors
and/or agents. User agrees that any claim or action arising out of or related to any act or omission of
any of Company or its Affiliates, or any of their respective subcontractors or agents, related to the
subject matter hereof, shall only be brought against Company, and not against any of Company’s Affiliates,
or any subcontractor or agent of Company or any its Affiliates. INTELLECTUAL PROPERTY Company Intellectual
Property. The contents of the Platform, including the Website, are intended for User’s personal,
noncommercial use. User acknowledges and agrees that Company (or, as applicable, Company’s licensors) owns
all legal right, title, and interest in and to all elements of the Platform, Company’s logo, graphics,
design, systems, methods, information, computer code, software, services, “look and feel,” organization,
compilation of the content, code, data, and all other elements of the Platform (collectively, the “Company
Materials”). The Website, Platform, Company Materials, and Content are protected by copyrights,
trademarks, trade secrets, database rights, sui generis rights and other intellectual or proprietary
rights therein pursuant to U.S. and international laws. Accordingly, User is not permitted to use the
Website or Content in any manner, except as expressly permitted by Company in these Terms. The Website or
Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or
distributed in any way, and User agrees not to modify, rent, lease, loan, sell, distribute, transmit,
broadcast, or create derivatives without the express written consent of Company. Except as expressly set
forth herein, User’s use of the Platform does not grant User ownership of or any other rights with respect
to any Content, code, data, or other materials that User may access on or through the Platform. Company
reserves all rights in and to Company Materials not expressly granted to Users in the Terms. User may not
use any of Company’s Content to link to the Website or Content without Company’s express written consent.
User may not use framing techniques to enclose any such Content without Company’s express written consent.
In addition, the “look and feel” of the Website and Content, including without limitation, all page
headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress
of Company and may not be copied, imitated, or used, in whole or in part, without Company’s prior written
consent. Non-Company Intellectual Property. Excluding Company Materials, all other trademarks, product
names, logos, and similar intellectual property on the Platform 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 owner. Aggregate Data. Company shall have the right to collect and analyze data and other
information relating to provision and use of various aspects of the Platform. Company will be free to (i)
use the data to improve and enhance the Service and for other development, diagnostic, and corrective
purposes in connection with the Platform and (ii) disclose data solely in aggregate or other de-identified
form in connection with its business. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE Notification. Company
takes claims of copyright and/or trademark infringement seriously. Company will respond to notices of
alleged copyright and/or trademark infringement that comply with the law. If User believes any materials
accessible on or from the Website or Service infringes its copyright, User may request removal of those
materials (or access to them) from the Website by submitting written notification to Company’s copyright
agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of
the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”)
must include substantially the following: a physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed; identification of the
copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are
covered by a single notification, a representative list of such works from the Service; identification of
the material that is claimed to be infringing or to be the subject of infringing activity and that is to
be removed or access to which is to be disabled, and information reasonably sufficient to permit Company
to locate the material; information reasonably sufficient to permit Company to contact the complaining
party, such as an address, telephone number, and, if available, an electronic mail address at which the
complaining party may be contacted; a statement that the complaining party has a good faith belief that
use of the material in the manner complained of is not authorized by the copyright owner, its agent, or
the law; a statement that the information in the notification is accurate; and under penalty of perjury,
that the complaining party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed. If User fails to comply with all of the requirements of Section 512(c)(3) of the
DMCA, its DMCA Notice may not be effective. Upon removing any allegedly infringing material, Company will
notify the alleged infringer of such takedown. Please note that under Section 512(f) of the DMCA, any
person who knowingly materially misrepresents that material or activity is infringing may be subject to
liability. Counter Notification. If User elects to send Company’s copyright agent a counter notice, to be
effective it must be a written communication that includes the following (please consult User’s legal
counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements): a physical or electronic
signature; identification of the material that has been removed or to which access has been disabled and
the location at which the material appeared before it was removed or access to it was disabled; a
statement under penalty of perjury that the User has a good faith belief that the material was removed or
disabled as a result of mistake or misidentification of the material to be removed or disabled; adequate
information by which Company can contact User, including User’s name, address, and telephone number; and a
statement that the User consents to the jurisdiction of a federal district court for the judicial district
in which the address is located, or if the User’s address is outside of the United States, for any
judicial district in which Company may be found, and that the User will accept service of process from the
person who provided notification under subsection (c)(1)(C) or an agent of such person. The DMCA allows
Company to restore the removed content if the party filing the original DMCA Notice does not file a court
action against User within ten (10) Business Days of receiving the copy of its counter notice. Please note
that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or
activity was removed or disabled by mistake or misidentification may be subject to liability. Company’s
designated copyright agent or authorized official to receive notifications and counter-notifications of
claimed infringement is: Ion Protocol, Inc. Email: [email protected] A summary of the DMCA can be
obtained from the U.S. Copyright Office. INDEMNIFICATION User agrees to release, indemnify, and hold
harmless Company and its Affiliates, and their respective officers, directors, employees and agents, from
and against any claims, liabilities, damages, losses, and expenses, including, without limitation,
reasonable legal and accounting fees, arising out of or in any way related to: (a) User’s access to, use
of, or inability to use the Platform, the Website, or Service; (b) User’s breach of this Agreement; (c)
User’s violation of any rights of a third party; (d) User’s violation of any Applicable Law; and (e) any
and all financial losses User may suffer, or cause others to suffer, due to utilizing, transferring,
staking, or re-staking cryptocurrency, or any other digital assets. ASSUMPTION OF RISK User Acknowledges
the Risk of Cryptocurrency and Smart Contracts. USER REPRESENTS AND WARRANTS THAT IT UNDERSTANDS AND IS
WILLING TO ACCEPT THE RISKS ASSOCIATED WITH CRYPTOGRAPHIC SYSTEMS SUCH AS SMART CONTRACTS, PUBLIC
BLOCKCHAINS (INCLUDING, BUT NOT LIMITED TO, THE ETHEREUM BLOCKCHAIN), LIQUIDITY PROTOCOLS, AND THE
INTERPLANETARY FILE SYSTEM. Company is Not Responsible for Technical Errors on Any Blockchain. COMPANY IS
NOT RESPONSIBLE FOR LOSSES ARISING FROM THE USE OF BLOCKCHAINS OR ANY OTHER FEATURES OF ANY BLOCKCHAIN
NETWORK OR WALLET THAT COMPANY OR USER MAY INTERFACE WITH, INCLUDING, BUT NOT LIMITED TO, LATE REPORT BY
DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH A BLOCKCHAIN NETWORK OR ANY
ASSOCIATED LAYER 2 BLOCKCHAINS THAT COMPANY OR USER MAY INTERFACE WITH, INCLUDING FORKS, TECHNICAL NODE
ISSUES, OR ANY OTHER ISSUES RESULTING IN LOSS OF FUNDS. User Acknowledges the Risks of Using its Staked
and Re-Staked Assets as Collateral. User acknowledges that it will have to supply validator-backed assets
as collateral in order to borrow assets from the Platform. By using the Services and the Platform, in the
event that the value of User’s liabilities exceeds the value of the User’s collateral, User represents and
warrants that it understands that the Platform can liquidate the digital assets which User provided as
collateral (a “Liquidation Event”). A Liquidation Event will likely cause User to lose all the collateral
User provided to the Platform. User acknowledges that the risk of a Liquidation Event is inherent to the
Platform and can happen at any time given the volatility of digital assets. User further acknowledges that
Company and its Affiliates are not responsible for any of these variables or risks, cannot control the
value of digital assets or User’s collateral, and cannot be held liable for any resulting losses that User
experiences while accessing or using the Platform. Accordingly, User understands and agrees to assume full
responsibility for all of the risks of accessing and using the Platform and interacting with the Platform.
User Acknowledges the Risks of the Platform. User acknowledges that the Platform is subject to flaws and
that User is solely responsible for evaluating any information provided by the Platform. This warning and
others provided in this Agreement by Company in no way evidence or represent an ongoing duty to alert User
to all of the potential risks of utilizing or accessing the Platform. The Platform may experience
sophisticated cyber-attacks, cryptocurrency based economic exploits, unexpected surges in activity, or
other operational or technical difficulties that may cause interruptions to or delays on the Platform.
User agrees to accept the risk of the Platform failure resulting from unanticipated or heightened
technical difficulties, including those resulting from sophisticated attacks, and User agrees that it will
not hold Company accountable for any related losses. Company will not bear any liability, whatsoever, for
any damage or interruptions caused by any viruses that may affect User’s computer or other equipment, or
any phishing, spoofing or other attack. Company Does Not Make Any Representations Regarding the Value of
Cryptocurrency or Other Digital Assets. The prices of Blockchain assets are extremely volatile.
Fluctuations in the price of other digital assets could materially and adversely affect the value of
cryptocurrency, which may also be subject to significant price volatility. A lack of use or public
interest in the creation and development of distributed ecosystems could negatively impact the
development, potential utility, or value of cryptocurrency. The Ion Ecosystem and other digital assets
could be impacted by one or more regulatory inquiries or regulatory actions. For all of the foregoing
reasons, as well as for reasons that may not presently be known to Company, Company makes absolutely no
representations or warranties of any kind regarding the value of cryptocurrency or other digital assets.
User Acknowledges Financial Risk of Digital Assets. The risk of loss associated with the use of digital
assets can be substantial. User should, therefore, carefully consider whether creating, buying, selling,
or otherwise using digital assets is suitable for User in light of its circumstances and financial
resources. By using the Platform, accessing the Website, and/or purchasing cryptocurrency, User represents
that it has been, is and will be solely responsible for making its own independent appraisal and
investigations into the risks of a given transaction and the underlying digital assets. User represents
that it has sufficient knowledge, market sophistication, professional advice, and experience to make its
own evaluation of the merits and risks of any transaction conducted via any digital asset. Under no
circumstances will the operation of all or any portion of the Platform be deemed to create a relationship
that includes the provision or tendering of investment advice. Company is Not Responsible for Losses Due
to Jurisdictional Blocks. User acknowledges that Company has no control over jurisdictional blocks which
may prevent User from utilizing the Website. Under no circumstances will Company be liable for User’s
inability to access the Website due to a jurisdictional block. Violations by Other Users. User irrevocably
releases, acquits, and forever discharges Company and its subsidiaries, Affiliates, officers, and
successors for and against any and all past or future causes of action, suits, or controversies arising
out of another User’s violation of these Terms. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER Limitation
of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY (OR COMPANY’S AFFILIATES)
BE LIABLE TO USER OR ANY THIRD-PARTY FOR ANY FINANCIAL LOSS, LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT
OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES
ARISING FROM OR RELATING TO THESE TERMS OR USER’S USE OF, OR INABILITY TO USE, THE PLATFORM, THE WEBSITE
OR THE SERVICE, CONTENT OR INFORMATION ACCESSED VIA THE WEBSITE OR ANY HYPERLINKED WEBSITE, OR ANY
DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITE, THE PLATFORM, OR THE SERVICE EVEN IF COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PLATFORM IS AT USER’S OWN
DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY MONETARY LOSS AND/OR DAMAGE TO ITS DEVICE
OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO USER. No Warranties. ALL INFORMATION OR SERVICE PROVIDED BY COMPANY TO USER VIA THE WEBSITE
AND THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, IS PROVIDED “AS IS” AND “WHERE IS” AND
WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY AND ANY THIRD-PARTY LICENSORS WITH CONTENT ON THE WEBSITE
EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, COMPANY AND AFFILIATES MAKE NO
REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS,
SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE WEBSITE, THE PLATFORM OR ANY CONTENT POSTED ON OR
OTHERWISE ACCESSIBLE VIA THE PLATFORM OR THE WEBSITE. USER SPECIFICALLY ACKNOWLEDGES THAT COMPANY AND
AFFILIATES ARE NOT LIABLE FOR ANY DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF THIRD-PARTIES OR USERS OF THE
WEBSITE OR THE PLATFORM AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. NEITHER
COMPANY NOR ANY OF ITS AFFILIATES REPRESENT, WARRANT, OR COVENANT THAT THE WEBSITE AND/OR THE PLATFORM
WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. COMPANY FURTHER MAKES NO WARRANTY THAT THE WEBSITE WILL BE
FREE OF VIRUSES, WORMS, OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER
PRODUCT OR SOFTWARE. USER EXPRESSLY AGREES THAT USE OF THE PLATFORM IS AT USER’S SOLE RISK AND THAT
COMPANY, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION,
INTERRUPTION OF SERVICE, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, OR OMISSIONS ASSOCIATED WITH
THE WEBSITE AND/OR THE PLATFORM OR USER’S USE THEREOF. USER’S SOLE REMEDY AGAINST COMPANY FOR
DISSATISFACTION WITH THE WEBSITE, THE PLATFORM, OR THE CONTENT IS TO CEASE ITS USE OF THE PLATFORM AND THE
WEBSITE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO USER. USER MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED
WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, USER AGREES THAT THEY WILL BE LIMITED TO THE
GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW. TERM AND TERMINATION Subject to this Section and
Section 7.6, this Agreement will remain in full force and effect while User uses the Platform, the
Website, or the Service (the “Term”). Company may suspend or terminate User’s rights to use the Platform,
the Website, or the Service at any time for any reason at Company’s sole discretion, including for any use
of the Website, the Platform, or the Service in violation of this Agreement. User may terminate this
Agreement at any time by ending User’s use of the Platform and notifying Company at [email protected]
Such notice to Company must include User’s Wallet address(es). Upon termination of User’s rights under
this Agreement, User’s right to access and use the Platform will terminate immediately. Company will not
have any liability whatsoever to User for any termination of User’s rights under this Agreement. All
provisions of the Agreement which by their nature should survive, shall survive termination of Service,
including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
GENERAL TERMS General Terms. These Terms, together with the Privacy Policy and any other
agreements expressly incorporated by reference into these Terms, are the entire and exclusive
understanding and agreement between User and Company regarding User’s use of the Service. User may not
assign or transfer these Terms or its rights under these Terms, in whole or in part, by operation of law
or otherwise, without Company’s prior written consent. Company may assign these Terms at any time without
notice or consent. The failure to require performance of any provision will not affect Company’s right to
require performance at any other time after that, nor will a waiver by Company of any breach or default of
these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver
of the provision itself. Use of section headers in these Terms is for convenience only and will not have
any impact on the interpretation of any provision. Throughout these Terms the use of the word “including”
means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable,
the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will
remain in full force and effect. Electronic Communications. By using the Website, the Platform, or the
Service, User consents to receiving certain electronic communications from Company as further described in
the Privacy Policy. Please read the Privacy Policy to learn more about Company’s electronic communications
practices. User agrees that any notices, agreements, disclosures, or other communications that Company
sends to User electronically will satisfy any legal communication requirements. Any electronic
communications will be deemed to have been received by User immediately after Company posts the same to
the Website, whether or not User has received or retrieved the communication from Company. User agrees
that these are reasonable procedures for sending and receiving electronic communications. If User wish to
withdraw User’s consent to receive Communications electronically, User must discontinue use of the
Platform.=Company reserves the right, in its sole discretion, to discontinue the provision of electronic
communications, or to terminate or change the terms and conditions on which Company provides electronic
communications. Company will provide User with notice of any such termination or change as required by
Applicable Law. Changes to these Terms of Use. Company may update or change these Terms from time to time
in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed
necessary by Company. The effective date of any Terms will be reflected in the “Last Revised” entry at the
top of these Terms. User’s continued use of the Website after any such change is communicated shall
constitute User’s consent to such change(s). Governing Law & Jurisdiction. These Terms are governed by
the laws of the Republic of Panama, without regard to its conflict of law principles. User hereby
irrevocably consents to the exclusive jurisdiction and venue of the competent courts of the Republic of
Panama for all disputes arising out of or relating to the use of the Platform, the Website, or the Service
not subject to the Arbitration Agreement outlined in Section 14.5. Dispute Resolution Arbitration
Agreement Generally. Please read the following arbitration agreement (“Arbitration Agreement”) carefully.
It limits the manner in which User may seek relief from Company, is part of User’s contract with Company,
and contains provisions concerning MANDATORY BINDING ARBITRATION AND WAIVER OF THE RIGHT TO A TRIAL BY
JURY OR TO PARTICIPATE IN A CLASS ACTION. Exceptions. Nothing in these Terms will be deemed to waive,
preclude, or otherwise limit the right of either party to seek injunctive relief in a court of law in aid
of arbitration or to file suit in a court of law to address an intellectual property infringement claim.
Applicability of Arbitration Agreement. In the interest of resolving disputes between Company and User in
the most expedient and cost-effective manner, and except as set forth in Section 14.5(b), User and Company
agree that every dispute arising in connection with these Terms that cannot be resolved informally,
whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including
any unresolved dispute, claim, interpretation, controversy, or issues of public policy arising out of or
relating to the Website, the Platform, the Service, these Terms, and the determination of the scope or
applicability of this Section 14.5 will be resolved by binding arbitration on an individual basis under
the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be
held in English. This Arbitration Agreement applies to User and Company, and to any subsidiaries,
Affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all
authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement. This
Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief
that arose or were asserted before the effective date of this Agreement or any prior version of this
Agreement. Arbitration Rules. Arbitration will be conducted and administered by the Center for
Conciliation and Arbitration of the Chamber of Commerce, Industries, and Agriculture of Panama (“CeCAP”)
and its dispute resolution rules (“CeCAP Rules”), as modified by these Terms. The CeCAP rules are
available online at , or by contacting Company. A single
arbitrator will be appointed unless otherwise required by the CeCAP rules. Notice Requirement and Informal
Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party
a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the
specific relief requested. A Notice to Company should be sent by certified U.S. Mail or by Federal Express
(signature required) to: Ion Protocol, Inc. Craigmuir Chambers Road Town, Tortola, VG 1110 British Virgin
Islands User must send a courtesy copy of a Notice to Company at [email protected]. Company may send
User a Notice by electronic mail if User has provided Company with such an address. Company may also
provide Notice to User’s Wallet by sending an NFT to User’s Wallet. After the Notice is received, User and
Company may attempt to resolve the claim or dispute informally. If User and Company do not resolve the
claim or dispute within thirty (30) days after the Notice is received, either party may begin an
arbitration proceeding. All arbitration proceedings between the parties will be confidential unless
otherwise agreed by the parties in writing. Fees; Location. Each party shall be responsible for the
payment of its own fees and costs associated with an arbitration, except as otherwise required by the
CeCAP Rules. Any arbitration hearing will take place in Panama City, Panama, or another location mutually
agreed upon by the parties; provided, however, notwithstanding the foregoing, the parties shall endeavor,
where possible, to cause the arbitration proceeding to be conducted: (i) solely on the basis of documents
submitted to the arbitrator; or (ii) through a non-appearance-based telephone hearing or videoconference.
If the arbitrator finds that either the substance of User’s claim or the relief sought in User’s
arbitration demand is frivolous or brought for an improper purpose, in the arbitrator’s reasonable
discretion, then the payment of all arbitration fees will be governed by the CeCAP Rules. In that case,
User agrees to reimburse Company for all monies previously disbursed by Company that are otherwise User’s
obligation to pay under the CeCAP Rules. Regardless of the manner in which the arbitration is conducted,
the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and
conclusions on which the decision and award, if any, are based. Notwithstanding anything herein to the
contrary, each party will be responsible for their own attorneys’ fees associated with an arbitration
under these Terms, and in no event may the arbitrator award any party their attorneys’ fees. Enforcement.
The parties irrevocably submit to the exclusive jurisdiction of any court of competent jurisdiction with
respect to this section to compel arbitration, to confirm an arbitration award or order, or to handle
court functions permitted under the CeCAP Rules. The parties irrevocably waive defense of an inconvenient
forum to the maintenance of any such action or other proceeding. The parties may seek recognition and
enforcement of any court judgment confirming an arbitration award or order in any court having
jurisdiction with respect to recognition or enforcement of such judgment. Waiver of Jury Trial. THE
PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF
A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under
this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less
costly than rules applicable in a court and are subject to very limited review by a court. In the event
any litigation should arise between User and Company in any court in a suit to vacate or enforce an
arbitration award or otherwise, USER AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that
the dispute be resolved by a judge. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES
WITHIN THE SCOPE OF THIS AGREEMENT, INCLUDING THE ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON
AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE
ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. 30-Day Right to
Opt Out. User has the right to opt out of the provisions of this Arbitration Agreement by sending written
notice of its decision to opt out within thirty (30) days after first becoming subject to this Arbitration
Agreement. User’s notice must include its name and address, its Wallet address, and an unequivocal
statement that User desires to opt out of this Arbitration Agreement. If User opts out of this Arbitration
Agreement, all other parts of this Agreement will continue to apply to User. Opting out of this
Arbitration Agreement has no effect on any other arbitration agreements that User may currently have, or
may enter in the future, with Company. Mail written notification by certified mail to: Ion Protocol, Inc.
Craigmuir Chambers Road Town, Tortola, VG 1110 British Virgin Islands Severability. If any part or parts
of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of
competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be
severed and the remainder of the Arbitration Agreement shall continue in full force and effect. Right to
Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by
the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of
this Arbitration Agreement. Attorneys’ Fees and Costs. In the event a party files an action in a court of
competent jurisdiction pursuant to Section 14.5(b), the party found to be the substantially losing party
in any dispute shall be required to pay the reasonable attorneys’ fees and costs of any party determined
to be the substantially prevailing party. In the context of this Agreement, reasonable attorneys’ fees and
costs shall include but not be limited to legal fees and costs, the fees and costs of witnesses,
accountants, experts, and other professionals, and any other forum costs incurred during, or in
preparation for, a dispute. It is understood that certain time entries that may appear in the billing
records of such party’s legal counsel may be redacted to protect attorney-client or work-product
privilege, and this will not prevent recovery for the associated billings. Third-Party Beneficiaries. This
Agreement and the rights and obligations hereunder shall bind and inure to the benefit of the parties and
their successors and permitted assigns. Nothing in this Agreement, expressed or implied, is intended to
confer upon any person, other than the parties and their successors and permitted assigns, any of the
rights hereunder. No Support or Maintenance. User acknowledges and agrees that Company will have no
obligation to provide User with any support or maintenance in connection with the Platform, Website, or
Service. Company Contact Information. Questions can be directed to Company at [email protected]
Ion Protocol, Inc. (“Company”) is committed to protecting User’s privacy. Company has prepared this
Privacy Policy (this “Policy”) to describe to User Company’s practices regarding the Personal Information
(as defined below) Company collects, why Company collects it, and how Company uses and discloses it. This
Policy should be read in conjunction with Company’s Terms of Use (the “Terms”), into which this Policy is
incorporated by reference. User is encouraged to read the Terms first, as certain terms used in this
Policy are defined in the Terms. ACCEPTANCE OF THE POLICY User’s privacy matters to Company, so User
should take the time to get to know Company’s policies and practices. Please understand that Company
reserves the right to change any of Company’s policies and practices at any time, but User can always find
the latest version of this Policy here on this page. User’s continued use of the Platform after Company
makes changes is deemed to be acceptance of those changes, so please check this Policy periodically for
updates. This Policy describes the types of information Company collects from User or that User may
provide when User uses the Platform and Company’s practices for collecting, using, maintaining,
protecting, and disclosing that information. Please read this Policy carefully to understand Company’s
practices regarding User’s information and how Company will treat it. If User does not agree with
Company’s policies and practices, then please do not use the Platform. By using the Platform, User agrees
to the terms of this Policy. PERSONAL INFORMATION COMPANY COLLECTS As used herein, “Personal Information”
means information that identifies or is reasonably capable of identifying an individual, directly or
indirectly, and information that is capable of being associated with an identified or reasonably
identifiable individual. Personal Information Company Collects from User. Company (or Company’s
Affiliates) may collect and store the following categories of Personal Information directly from User:
Online identifier information, such as IP address and login information, domain names, and similar
identifying names or addresses (collectively, “Online Identifier Information”); Device information, such
as hardware, software, operating system, browser, device name, language preferences (collectively, “Device
Information”); Usage data, such as system activity, internal and external information related to the
Platform, clickstream information (collectively, “Usage Data”); and Geolocation data, such as information
about User’s device location (“Geolocation Data”). Automatic collection of Personal Information may
involve the use of Cookies, described in greater detail below. Company does not currently store
Online Identifier Information, Device Information, Usage Data, or Geolocation Data on Company’s systems;
however, please be aware that third-parties with which Company might interact might store such
information. Personal Information That May Be Collected Automatically. Company (or Company’s Affiliates)
may collect and store the following categories of Personal Information automatically through User’s use of
the Platform: Online Identifier Information; and Additional information, at Company’s discretion, to
comply with legal obligations. Personal Information Company Collects from Third Parties. Company (or
Company’s Affiliates) may collect and/or verify the following categories of Personal Information about
User from third parties: Online Identifier Information; Wallet (as defined in the Terms) information, and
information connected to User’s use of the Platform; and Additional information, at Company’s discretion,
to comply with legal obligations. Accuracy and Retention of Personal Information. Company takes reasonable
and practicable steps to ensure that User’s Personal Information held by Company is (i) accurate with
regard to the purposes for which it is to be used, and (ii) not kept longer than is necessary for the
fulfillment of the purpose for which it is to be used. INTENDED FOR USERS 18+ Company does not
knowingly collect data from or market to anyone under 18 years of age. Company does not knowingly solicit
data from or market to anyone under 18 years of age. By using the Platform, User represents that User is
at least 18 years old, or that User is the parent or guardian of such a minor and consents to such minor
dependent’s use of the Platform. If Company learns that Personal Information, from Users less than 18
years of age has been collected, Company will discontinue User’s access to the Platform, to the extent
that is possible, and take reasonable measures to promptly delete such data from Company’s records. If
User becomes aware of any data Company may have collected from anyone under age 18, please contact Company
at [email protected]. HOW COMPANY USES USER’S PERSONAL INFORMATION Company collects Personal
Information about User in an attempt to provide User with the best experience possible, protect User from
risks related to improper use and fraud, and help Company maintain and improve the Platform. Company may
use User’s Personal Information to: Provide User with the Platform. Company uses User’s Personal
Information to provide User with the Platform pursuant to the Terms. Comply with Legal and Regulatory
Requirements. Company processes User’s Personal Information as required by applicable laws and
regulations. Detect and Prevent Fraud. Company processes User’s Personal Information to detect and
prevent fraud. Protect the Security and Integrity of the Platform. Company uses User’s Personal
Information to maintain the security of User’s Wallet and the Platform itself. Other Business
Purposes. Company may use User’s Personal Information for additional purposes if disclosed to User before
Company collects User’s Personal Information or if Company obtains User’s consent. HOW COMPANY SHARES
USER’S PERSONAL INFORMATION Company will never sell, share, rent, or trade User’s Personal Information
with third parties for their commercial purposes. Further, Company will not share User’s Personal
Information with third parties, except as described below: Third-Party Service Providers. Company may
share User’s Personal Information with third-party service providers for business or commercial purposes,
including fraud detection and prevention, security threat detection, customer support, data analytics,
information technology, advertising and marketing, network infrastructure, storage, and transaction
monitoring. Company shares User’s Personal Information with these service providers only so that they can
provide Company with their services, and Company prohibits its service providers from using or disclosing
User’s Personal Information for any other purpose. Law Enforcement. Company may be compelled to share
User’s Personal Information with law enforcement, government officials, and/or regulators. Corporate
Transactions. Company may disclose Personal Information in the event of a proposed or consummated merger,
acquisition, reorganization, asset sale, or similar corporate transaction, or in the event of a bankruptcy
or dissolution. Professional Advisors. Company may share User’s Personal Information with Company’s
professional advisors, including legal, accounting, or other consulting services for purposes of audits or
to comply with Company’s legal obligations. Consent. Company may share User’s Personal Information with
User’s consent. If Company decides to modify the purpose for which User’s Personal Information is
collected and used, Company will amend this Policy. COOKIES When User accesses the Platform, Company
may make use of the standard practice of placing tiny data files called cookies, flash cookies, pixel
tags, or other tracking tools (herein, “Cookies”) on User’s computer or other devices used to visit the
Platform. Company uses Cookies to help Company recognize User as a customer, collect information about
User’s use of the Platform to better customize the Platform and content for User, and collect information
about User’s computer or other access devices to: (i) ensure that User’s Account security has not been
compromised by detecting irregular, suspicious, or potentially fraudulent activities; and (ii) assess and
improve the Platform and advertising campaigns. User can also learn more about Cookies by visiting
http://www.allaboutcookies.org, which includes additional useful information on Cookies and how to block
Cookies on different types of browsers and mobile devices. Please note that if User rejects Cookies, User
will not be able to use some or all of the Service. If User does not consent to the placing of Cookies on
User’s device, please do not visit, access, or use the Service. INFORMATION SECURITY No security is
foolproof, and the Internet is an insecure medium. Company cannot guarantee absolute security, but Company
works hard to protect Company and User from unauthorized access to or unauthorized alteration, disclosure,
or destruction of Personal Information Company collects and stores. Measures Company takes include
encryption of Company website communications with SSL; periodic review of Company’s Personal Information
collection, storage, and processing practices; and restricted access to User’s Personal Information on a
need-to-know basis for Company’s employees, contractors and agents who are subject to strict contractual
confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
INFORMATION FOR PERSONS SUBJECT TO EU DATA PROTECTION LAW While customers who are located in the European
Union (“EU”), European Economic Area (“EEA”) or the Channel Islands, or other locations subject to EU data
protection law (collectively, “Europe”) are customers of Company’s Panamanian entity, Company recognizes
and, to the extent applicable to Company, adheres to relevant EU data protection laws. For purposes of
this section, “personal data” has the meaning provided in the General Data Protection Regulation (EU)
2016/679 (“GDPR”). Lawful Bases for Processing. Company processes personal data subject to GDPR on one or
more of the following legal bases: Legal Obligations: to conduct anti-fraud and to fulfill Company’s
retention and other legal obligations; Contractual Obligations: to satisfy Company’s obligations to User
under the Terms, including to provide User with the Platform and customer support services, and to
optimize and enhance the Platform; Legitimate Interest: to monitor the usage of the Platform, conduct
automated and manual security checks of the Platform, to protect Company’s rights; and Consent: to market
Company and the Platform. User may withdraw User’s consent at any time without affecting the lawfulness of
processing based on consent before consent is withdrawn. European Privacy Rights. European residents
have the following rights under GDPR, subject to certain exceptions provided under the law, with respect
to their personal data: Rights to Access and Rectification: User may submit a request that Company
disclose the personal data that Company processes about User and correct any inaccurate personal data.
Right to Erasure: User may submit a request that Company delete the personal data that Company has about
User. Right to Restriction of Processing: User has the right to restrict or object to Company’s processing
of User’s personal data under certain circumstances. Right to Data Portability: User has the right to
receive the personal data User has provided to Company in an electronic format and to transmit that
personal data to another data controller. To submit a request to exercise these rights, please contact
Company using the methods described at the end of this Policy. When handling requests to exercise European
privacy rights, Company checks the identity of the requesting party to ensure that he or she is the person
legally entitled to make such request. This will require User to provide Company with User’s unique Wallet
identification. While Company maintains a policy to respond to these requests free of charge, should
User’s request be repetitive or unduly onerous, Company reserves the right to charge User a reasonable fee
for compliance with User’s request. COLLECTION AND TRANSFER OF DATA OUTSIDE THE EEA The Platform operates
with many of Company’s systems based in the United States. As a result, Company may transfer personal data
to Europe, the United States, or other third countries, under the following conditions: Contractual
Obligation. Where transfers are necessary to satisfy Company’s obligation to User under the Terms,
including to provide User with the Platform and customer support services, and to optimize and enhance the
Platform; and Consent. Where User has consented to the transfer of User’s personal data to another
country. Where transfers to a third country are based on User’s consent, User may withdraw User’s consent
at any time. Please understand, however, that the Platform may not be available if Company is unable to
transfer personal data to other countries. When Company transfers personal data to third countries,
Company endeavors to ensure adequate safeguards are implemented, for example through the use of standard
contractual clauses or Privacy Shield certification. CCPA Pursuant to the California Consumer Privacy Act
(the “CCPA”), and in addition to the disclosures elsewhere in this Policy, this section describes the
types of Personal Information that Company may have collected, disclosed for business purposes, or sold to
third parties in the last 12 months. Personal Information Collected. Internet or other electronic
network activity information, geolocation information, and inferences drawn from the foregoing. To learn
more about the information Company collects, please see “Personal Information Company Collects,” above.
The sources of the information are Users of the Platform and Company’s Affiliates. Disclosure of
Personal Information. In the last 12 months, Company may have disclosed the following categories of
Personal Information to Company’s Affiliates or to third-party service providers for business purposes:
internet or other electronic network activity information, geolocation information, and inferences drawn
from the foregoing. To learn more, please see “How Company Shares User’s Personal Information”
above. “Sale” of Personal Information. In the last 12 months, Company may have “sold” (as defined in
the CCPA) the following categories of Personal Information: internet or other electronic network activity
information, geolocation information, and inferences drawn from the foregoing. Company does not have
actual knowledge that Company sells Personal Information of consumers under 21 years of age. To learn
more, please see “How Company Shares User’s Personal Information” above. Explanation of “Sales”
under CCPA. Company is not in the business of collecting and selling data, but, in some cases, Company may
share information with Company’s Affiliates or third-party service providers in a transaction that
constitutes a “sale” of Personal Information under California law. CONTACT US If User has questions
or concerns regarding this policy or Company’s use of User’s Personal Information, please feel free to
email Company at [email protected]; or write to Company at: Ion Protocol, Inc. Attn: Chunda McCain
[email protected]
