Terms & Conditions
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]