📜Terms of Service

Last Updated : Aug 26, 2025

These Terms of Service (this “Agreement” or these “Terms”) constitutes a binding legal agreement between you (“you” or “your”) and Navi Protocol Labs, Inc. (“ASTROS,” “we,” “our,” or “us”). This Agreement governs your access to and use of our electronic platforms and applications (collectively, the “Platform”) and all related products, services, programs, technologies, software, tools, features, information or data available or communicated via the Platform, and any other service provided by ASTROS from time to time (collectively, the “Services”).

By accessing or using the Services through the Platform, you agree that you have read, understand, and accept this Agreement. If you do not agree to this Agreement then you must not use the Services and we do not grant, shall not grant, or be deemed to grant to you, the license to access or use the Services.

THESE TERMS INCLUDE A WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AS WELL AS A MANDATORY ARBITRATION CLAUSE THAT GOVERNS RESOLUTION OF CERTAIN DISPUTES AND WAIVES YOUR RIGHT TO SUE IN COURT OR HAVE A TRIAL BY JURY. PLEASE READ SECTION 17 CAREFULLY.

1. WHO MAY USE THE SERVICES

1.1 Eligibility

To be eligible to use the Services, you represent and warrant that you are at least 18 years old, capable of forming a binding contract with us, have not previously been suspended or removed from the Services, and will use the Services only for yourself. If you are accessing or using the Services on behalf of a company, organization, or other legal entity then you represent and warrant that you have the authority to bind such entity to these Terms and agree on behalf of such legal entity to be bound by these Terms.

1.2 Restrictions

Your use of the Services is subject to applicable law including, without limitation, export restrictions, end-user restrictions, anti-terrorism law, anti-money laundering law, trade embargo, and economic sanctions imposed, administered, or enforced by the European Union, the United Kingdom, the United Nations Security Council, the United States Department of Treasury’s Office of Foreign Asset Control, the United States Department of State, the United States Department of Commerce, the United Nations Security Council, and/or any other applicable national, regional, provincial, state, municipal, or local law or regulation (“collectively, “Sanctions”). You represent and warrant that you are not located in, organized under the laws of, or a resident in any country or territory subject to Sanctions, under the control of any person or entity located or a resident in any country or territory subject to Sanctions, or otherwise a citizen, resident, located in, or organized in a jurisdiction where your access or use of the Services would be illegal.

1.3 Verification

You may be required to provide us with certain information and/or documentation directly or through a third party. You hereby authorize us, directly or through a third party, to make inquires that we consider necessary to verify your identity, protect against the misuse of the Services, or for any other reason in connection with the Services. You further authorize us to take any such action that we deem necessary based on the results of such inquiries. You further authorize any third party to which our inquiries are directed, to fully respond to such requests. We will have no liability or responsibility for any permanent or temporary inability to access or use the Services as a result of our inquiries.

2. INTERACTING WITH THE SERVICES

2.1 Digital Asset Wallets

To use certain functions of the Services, you must connect a compatible software application or other mechanism (“Digital Asset Wallet”). Your relationship with the third party that provides your Digital Asset Wallet is governed by the terms and conditions of that third party’s agreements. We assume no responsibility or liability in connection with your use of any Digital Asset Wallet connected to the Platform. We reserve the right, in our sole discretion, to prohibit certain Digital Asset Wallet’s from connecting to the Platform or from interacting with any part of the Platform or the Services. We do not make any representations or warranties regarding how the Services or the Platform will interact or operate with your Digital Asset Wallet.

2.2 Digital Assets

We do not custody, possess, or control the virtual currency, cryptocurrency, stablecoins, liquid staking tokens, or other cryptographic tokens (collectively, “Digital Assets”) held, stored, sent, or transferred to or from your Digital Asset Wallet. As the owner of the Digital Assets stored in your Digital Asset Wallet, you acknowledge and agree that you bear all risk of loss related to the Digital Assets sent, received, or stored in your Digital Asset Wallet. You acknowledge and agree that you are solely responsible for the custody of the cryptographic private keys associated with your Digital Asset Wallet and will not share your Digital Asset Wallet credentials or seed phrase with any third party. We accept no responsibility for, or liability to you, in connection with your use of any Digital Asset Wallet.

2.3 Security

You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys, or other codes that you use to access the Services. Any loss or compromise of any of the foregoing can result in unauthorized access to your Digital Asset Wallet by third parties and the loss or theft of any Digital Assets. We assume no responsibility for any loss that you may sustain due to a compromise of your access credentials due to no fault of ours or your failure to follow up or act on any notices or alerts that we provide or send to you. In the event that we suspect that an unauthorized person is accessing the Services via your Digital Asset Wallet, we reserve the right to terminate, suspend, or restrict your access and use of the Services.

2.4 The Protocol

The Platform provides a web or mobile-based means to access the software protocols that govern the operation of Digital Assets (the “Protocol”). The Platform is one but not the exclusive means of accessing a Protocol. The Protocol is comprised of open-source or source-available self-executing smart contracts. We do not provide the services made available to you via the Protocol including, without limitation, staking, bridging, or swapping Digital Assets.

2.5 Aggregator API

Our Application Programming Interface (“Aggregator API”) made available to the public via our documentation found here (“API Docs”) is subject to these Terms. You agree not to use the Aggregator API in breach of any applicable law or to infringe, directly or indirectly, the rights of any third party. You may not use the Aggregator API in any manner that accesses or uses information beyond what is permitted in the API Docs, this Agreement, and any other applicable documentation or agreement.

3. THIRD PARTY SERVICES AND WAIVER

The Platform may enable you to access and transact futures contracts that are quoted, margined, and settled in supported Digital Assets (“Derivate Services”). Derivate Services are complex and may not be suitable for inexperienced users. BY TRANSACTING ON ASTROS, YOU CAN LOSE YOUR ENTIRE DEPOSIT IN A VERY SHORT TIME.

3.1 Margin

You agree to deposit and maintain Digital Assets in your Derivative Services account (“Derivatives Account”) in such form and amount that we may from time to time, in our sole discretion, require. The Digital Assets eligible to be deposited and maintained in your Derivatives Account for transactions like opening and maintaining a leveraged position (“Margin”) is subject to our sole and absolute discretion from time to time. The value of any Margin shall be, at all times, as determined by us at our sole discretion. We may, but shall not be obligated to, transfer all or any part of your Margin to any other Derivatives Account and/or utilize Margin for any other purposes except for the Derivate Services.

We may, with or without notice to you, and at any time, with respect to any Derivative Services transaction, adjust the: (i) minimum amount of Margin required to be deposited into your Derivatives Account in order to open a leveraged position (“Initial Margin”); and/or (ii) Margin required to keep the applicable leveraged position open (“Maintenance Margin” and, collectively, with the Initial Margin, the “Margin Requirements”). You acknowledge and agree that we may, due to certain circumstances like market conditions, immediately or within such other time period, change Margin Requirements applicable to you or require additional Margin, and you hereby wave any right to object to any such change or requirement.

You acknowledge and agree that all or any part of your Margin may be held by us, notwithstanding any provision or instruction to the contrary in this Agreement or otherwise: (i) for any purposes including, without limitation, to secure the performance of your obligations; (ii) as security granted by you to us subject to a general lien and right of set off in our favor for any and all of your obligations, liabilities, or monies whatsoever at any time now or hereafter owing, due, incurred or payable by you to under this Agreement, whether present or future, actual or contingent, solely or jointly, or principal or surety; and (iii) for any other purpose(s), subject to applicable law. You further acknowledge and agree that any Margin deposited or otherwise provided to your Derivatives Account will not constitute your property nor shall such transaction constitute a loan by you to us or a constructive trust in your favor when used by us for any purposes stated or related to this Agreement.

3.2 Margin Calls

We may but shall not be required to make any request to you regarding increasing your Margin to satisfy any shortfall or approaching shortfall in your Initial Margin and/or Maintenance Margin (such request, a “Margin Call”). You acknowledge and agree that you are solely responsible, at all relevant times including volatile periods, for maintain and monitoring your Margin to satisfy applicable Margin Requirements regardless of whether a Margin Call has been made or not. We will have no liability to you or any third party, whether directly or indirectly in connection with requesting a Margin Call or any delay in the receipt by you of a Margin Call.

3.3 Liquidation

In connection with mitigating liquidations due to certain risks like market manipulation, volatility, or liquidity, we calculate certain values of Derivative Service contracts using the calculation set forth in our documents here (“Mark Price”). If, with respect to any open positions maintained in the Derivative Services reaches the price at which liquidation occurs, calculated by us in accordance with the calculations set forth in our documents here (“Liquidation Price”) — all of your position(s) are subject to termination (such process, “Liquidation Process”). You acknowledge and agree that we are not required to provide any notice prior to commencing the Liquidation Process and any and all applicable charges and fees related to the Liquidation Process will be charged based on the amount of Digital Assets subject to the Liquidation Process .

You acknowledge and agree that: (i) you will allocate, at any and all applicable times, the required Initial Margin to your Derivatives Account before entering any Derivate Services transaction; (ii) if your Margin balance falls below the require Maintenance Margin, you will transfer additional Margin to the Derivate Services ; (iii) you shall not have any claim with respect to any unrealized profit or loss and will not be entitled to request the withdrawal of any unrealized profit or loss; and (iv) it is your sole and absolute responsibility to monitor all applicable Maintenance Margin requirements including Mark Price at all times.

3.4 Insurance Funds and Automatic Deleveraging

In connection with the Liquidation Process, we will attempt to reduce the deficit between your Margin balance and the Maintenance Margin prior to fully liquidating any (or all) positions. If, after the Liquidation Process is complete, your Derivatives Account has a negative balance for any reason, the resulting deficit may be absorbed by our reserve pool (“Insurance Fund”). If the Insurance Fund is insufficient to cover a Liquidation Process that results in a deficit, the applicable counterparty positions will be liquidated in accordance of priority using the calculations for such liquidation priority found here (such process, “Automatic Deleveraging” or “ADL”).

3.5 Third Party Data

We may rely on information and/or data like indices or market data provided by or obtained from third parties including third party exchanges and/or oracles (“Third Party Data”). You acknowledge and agree that we do not: (i) guarantee the accuracy, completeness, or availability of Third Party Data; (ii) warrant that any Third Party Data is up to date as at the time obtained; and (iii) have any liability to you for errors contained in Third Party Data or any losses you may incur from the use or reliance on Third Party Data.

3.6 Funding Fee Rates

In connection with the Derivative Services, you may enter into transactions without an expiration date and that will continue indefinitely unless and until the position is closed or liquidated (“Perpetual Contracts”). You will either be required to pay or be entitled to receive a fee during the time that the applicable Perpetual Contract is open based on the calculations of such fee and time intervals found here (“Funding Fee Rate”). You acknowledge and agree that the Funding Fee Rates are high at certain times due to reasons including extreme market conditions and, therefore, it may be expensive to maintain a long-term position during such times. Funding Fee Rates only apply to users who have an open Perpetual Contracts position (until such position is closed or terminated). We reserve the right to change the Funding Fee Rate (including the Funding Fee Rate time intervals) from time to time in our sole discretion.

4. THIRD PARTY SERVICES AND WAIVER

The Platform may include, without limitation, links to sites, technology, applications, products, services, materials, or resources, provided or made available to you by third parties (“Third Party Services”).Your access and use of any Third Party Service are subject to the terms and policies of the applicable Third Party Service provider including, without limitation, Mayan Finance and its terms and conditions.

4.1 Third Party Services

You acknowledge and agree that you are solely responsible for any and all costs, charges, and fees associated with your use of any Third Party Service. Our integration or inclusion of any Third Party Service does not imply endorsement or recommendation. You acknowledge and agree that we are not responsible for the availability, reliability, accuracy, or legitimacy of any Third Party Service (including any related websites, resources, or links displayed therein). Any dispute you have involving a Third Party Service including, without limitation, your intellectual property rights, is between you and the provider of such Third Party Service.

We will not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your use of, or reliance on, any Third Party Service. If, to the extent we permit, you grant express permission to a Third Party Service to access or connect to the Services through such third party or the Platform, you acknowledge that granting permission to any third party to take specific actions on your behalf does not relieve you of any of your responsibilities under these Terms. You are fully responsible for any act or omission of any third party. You acknowledge and agree that you will not hold us responsible for, and will indemnify us from, any liability arising out of or related to any act or omission of any third party with access to your Digital Asset Wallet, decentralized application, software, or other mechanism that you use to interact with the Services.

4.2 Waiver of Claims

To the maximum extent permitted by applicable law, you waive any and all claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, against ASTROS and its affiliates, and each of their respective officers, employees, agents, and successors arising out of or in any way related to any of the risks set forth herein. You also waive application of Section 1542 of the Civil Code of the State of California, or any similar statue or law of any other jurisdiction. Section 1542 reads as follows: “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.”

5. REWARDS

In connection with the Services, we may offer or make available certain incentives, prizes, points, or rewards for completing certain activities like user referrals, performing a certain number of transactions, participating in our or our business partners beta applications, or staking your Digital Assets (collectively, “Rewards”). Any Reward that we may offer or make available through the Platform or the Services, from time to time and at any time, is subject to these Terms and any other applicable term or provision directly or indirectly related to or in connection with the Reward.

5.1 General Reward Terms

By accepting these Terms, you hereby unconditionally and irrevocably confirm that you understand and accept any and all risks directly related to or in connection with Rewards. You further agree and consent that you grant all necessary rights for using your Digital Assets that you directly use or in connection with any program, campaign, or other similar activity we offer or make available. We reserve the right to change, modify, discontinue, or cancel any Reward we offer at our sole discretion, at any time, and without notice to you.

Any information regarding the potential amount of a Reward is an estimate only. ASTROS does not, in any way, represent, warrant, covenant, or guarantee the rate, multiplier, or other formula used to calculate Rewards (collectively, “Reward Rates”) will, at any time, remain the same and may fluctuate up or down from time to time. You acknowledge and agree that any representations, whether express or implied regarding any Reward Rate may be based on factors including but not limited to: (i) an estimate based on general market rates; (ii) special rates during promotional periods; and/or (iii) observations of available on-chain rates.

5.2 Slashing

Some or all of the aggregate amount of the Rewards or other amounts may be programmatically destroyed as a penalty imposed by the applicable underlying blockchain network (“Slashing Penalty”). As a result, there may be non-payment of Rewards and the staked Digital Assets may be subject to a penalty. We will not be responsible or liable for any monetary or equitable damage you incur including any legal or monetary arising directly or in connection with your access, use, or unauthorized access of the Services.

5.3 No Guarantee of Rewards

You understand and agree that we do not guarantee that you will earn or receive any Reward. We expressly disclaim all representations and warranties regarding any Reward including that any: (i) Reward will be received; (ii) Reward will occur on a continuous basis; (iii) Reward will be on an uninterrupted basis or error-free basis; and (iv) any particular Digital Asset will be available in connection with the Reward.

ASTROS has no liability for and expressly disclaims any loss, liability, or damage that you may incur directly, indirectly, or in connection with Rewards including, without limitation, damages arising from or in connection with: (i) interruptions to the Service that you access or receive Rewards; (ii) the protocols of the applicable blockchain network distributing Rewards; and (iii) errors, defects, disruptions, discontinuances, and/or restrictions of Rewards.

ASTROS, OUR AFFILIATES, AND/OR THIRD PARTY SERVICE PROVIDERS DO NOT GUARANTEE THAT YOU WILL RECEIVE ANY REWARD INCLUDING ANY VALIDATION REWARD OR STAKING REWARD. YOU ACKNOWLEDGE AND AGREE THAT ASTROS, OUR AFFILIATES, AND THIRD PARTY SERVICE PROVIDERS ARE NOT LIABLE FOR ANY FAILURE BY THE APPLICABLE BLOCKCHAIN NETWORK OR OTHER THIRD PARTY IN DISBURSING ANY REWARD. YOU ACKNOWLEDGE THAT PAST REWARDS ARE NOT INDICATIVE OF EXPECTED FUTURE REWARDS. ASTROS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY REWARD OR SLASHING PENALTY THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICES.

6. RISK DISCLOSURES

You understand, accept, and agree to assume all of the various risks involved in interacting with the Platform, the Services, Digital Assets, Rewards, and all other services, products, or features directly related to or in connection with this Agreement including all risks set forth below.

(a) Digital Assets, the features, functions, characteristics, operations, use, and other properties and/or software, networks, protocols, systems, or other technology that Digital Assets interact with are complex; and the terms, features, or risks described herein are not a complete or exhaustive list of all such features, risks, or complexities and may not be readily or fully understood due to such complexities.

(b) If you act as a liquidity provider to the Protocol through the Platform, you understand that your Digital Asset may lose some or all value while supplied to the Protocol due to fluctuations in Digital Asset prices in a trading pair or liquidity pool.

(c) Staking rewards are not guaranteed and may be based on network performance, validator reliability, and other external factors. ASTROS does not assure any specific level of returns or profitability from staking activities.

(d) You understand that we do not create, own, or operate cross-chain bridges and we do not make any representation or warranty about the safety or soundness of any cross-chain bridge.

(e) Digital Assets will be irretrievably lost if sent to the wrong address. For instance, if the address is improperly formatted, contains an error, or for a different type of Digital Asset.

(f) Blockchain networks and Digital Assets may be subject to forks or attacks on the security, integrity, and/or operation of the networks, including any network events. These events may affect features, functionality, operations, use, or properties of any Digital Asset or network and/or the value of any Digital Asset.

(g) Any Digital Asset, the Services, the Platform, and/or the Protocol may be targeted by malicious persons or individuals who may attempt to disrupt the Services or steal Digital Assets including, without limitation, malware, hacking, phishing, double spending, smurfing, spoofing, sybil attacks, social engineering, majority mining, mining attacks, distributed denial of service, and blockchain forks.

(h) The public nature of the Internet means that parts or the Internet may be unreliable or unavailable at any given time. Interruption, delay, corruption, loss of data, the loss of confidentiality or privacy through the course of data transmission, or malware transmission may occur when transmitting data via the Internet or other technology. This can result in your transaction(s) not being executed according to your instructions, at the requested time, and/or not at all. No technology is completely secure or safe.

(i) Digital Assets may decrease in value or lose all value, in a short period of time or permanently, due to various factors including, without limitation, government or regulatory activity, the discovery of wrongful or illegal conduct, market manipulation, price distortion, insider dealing, market distortion, malicious wrongdoing or behaviors, changes to the Digital Asset’s nature or characteristics, suspension, or cessation of support for a Digital Asset by exchanges, public opinion, technical advancements, macroeconomic and political factors, and other factors outside of our control.

(j) Digital Assets stored in a Digital Asset Wallet, on the Platform, through the Services (if applicable), or the Protocol are not protected deposits and may not be protected by any deposit protection scheme. Thus, Digital Assets have a reduced level and type of protection compared to fiat and other asset classes or types.

(k) The creation of the Protocol may be abandoned for reasons including without limitation, lack of interest, funding, incapacitation of key developers or project members, lack of commercial success or prospects, or Force Majeure Event (defined below). You understand that there are no assurances regarding any benefit to interacting with the Services, even if the Protocol was partially or fully developed and launched.

(l) The Services may undergo significant changes over time. We may also limit control over how other visitors and/or users can use the Services and what services are offered on or through the Platform. This could create the risk of the Services not meeting your expectations, for any number of reasons, including mistaken assumptions or analysis, a change in the design and/or implementation plans, or execution on or through the Services.

(m) We currently rely on our service providers for certain aspects of our operations including cloud computing services and data centers that provide facilities, infrastructure, website functionality and access, components, and services, all of which are critical to our operations. Like most other online companies, because we rely on service providers, we face operational risk. Any interruption in the services provided by our service providers can impair our ability to provide the Services.

(n) We do not directly manage the operation of the service providers we use including their data center facilities. Such third parties are vulnerable to financial, legal, regulatory, and labor issues, cybersecurity incidents, break-ins, computer viruses, denial-of-service attacks, sabotage, acts of vandalism, privacy breaches, service terminations, disruptions, interruptions, Force Majeure Events, and other events.

(o) Blockchain transactions like Digital Asset transactions rely on smart contracts stored on various blockchains, cryptographic tokens generated by smart contracts, and other nascent software, applications, and systems that interact with blockchain-based networks. Such technologies are experimental, speculative, inherently risky, and subject to change. A defining feature of blockchain technology is its entries are immutable, which means, as a technical matter, they generally cannot be deleted or modified by anyone. You acknowledge and understand smart contracts dictate how funds and ownership of Digital Assets are distributed.

(p) You acknowledge and understand that you may be subject to scams and/or other types of fraud perpetrated by parties outside of our control. It is your responsibility to be aware of and protect against such misconduct. In the event that you are subject to such fraud, there is a risk of loss of your Digital Assets.

(q) All blockchain transactions include data and, in some circumstances, personal data about you. Many blockchain technologies store transaction data publicly and permanently. When you use such public blockchain technology, you intentionally make your transaction data public and acknowledge that this data cannot be deleted, removed, or reversed due to the nature of blockchain technology.

(r) We are subject to an extensive and rapidly evolving regulatory landscape, and any changes to any law or regulation could adversely impact our ability to offer the Services and/or your use or access to the Services. Such regulatory change may also impact your legal obligations with respect to your use of the Services.

(s) You understand that smart contract transactions automatically execute and settle, and blockchain-based transactions are irreversible when confirmed. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time.

(t) You understand that smart contract transactions automatically execute and settle, and blockchain-based transactions are irreversible when confirmed. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as $SUI and $ETH are variable and may increase dramatically at any time. You further acknowledge and accept the risk, where applicable, of selecting your slippage rate which expose you to additional cost or fees by the underlying blockchain network.

(u) We may run promotional campaigns from time to time that are sponsored by our business partners with higher annual percentage rates to benefit users. These higher rates may be temporary and you should consider whether the relevant offer still meets your needs once the interest rate reverts to its normal level after the promotional period.

(v) When financing is used for trading, the loan carries risk if, among other things, the value of your Digital Assets drops. You acknowledge that you are responsible for increasing the applicable Digital Asset to satisfy this market circumstance. Failure to respond promptly can result in the forced liquidation of your Digital Assets.

(w) The use of Derivative Services exposes you to market risk – the risk you can incur as a result of a Derivative Services position moving against you. If you are long a position and the Digital Asset price declines or if you are short a position and the Digital Asset price increase, you can lose all of your Digital Assets.

7. ACKNOWLEDGEMENTS AND COVENANTS

By accessing or using the Services, you acknowledge, agree, represent, and warrant, in each case as applicable, each of the items contained in this Section.

(a) You represent and warrant that you have received a copy of, have carefully read, understand, accept, and agree to assume all of the risks involved with the Services and Digital Assets including without limitation, the risks specifically set forth in this Agreement. You agree that we will not be liable to you for any loss, damage, expense, or liability that is or may relate to any of the risks specifically set forth in this Agreement. You represent and agree that you are able to bear any financial or other loss associated with or that may otherwise relate to your access or use of the Services.

(b) You represent and warrant that you are not relying on (and will not at any time rely on) our communication (written or oral) as advice or as a recommendation to engage in any transaction or interaction involving the Services. You agree that we have not: (i) given any guarantee or representation as to the potential success, return, effect, or benefit (either legal, regulatory, tax, financial, accounting, or otherwise) of transacting in Digital Assets, and/or using the Services; and (ii) made any representation to you regarding the legality of transacting in Digital Assets and/or the Services under applicable law. In deciding to use the Services you have made your own independent decision that using the Services is suitable and appropriate for you.

(c) You acknowledge and agree that we do not provide investment advice and any content on the Services or other communication channel should not be considered as tailored investment advice. You must seek professional advice regarding your particular financial, legal, technical, and other conditions prior to commencing your use of the Services. You represent and warrant that you fully understand all risks associated with using the Services and you have the necessary experience, understanding, and risk tolerance for using the Services including the necessary experience and knowledge to enter into any use or transaction regarding the Services. You acknowledge and accept any and all risks regarding the Services and are responsible for conducting your own independent analysis of the risks specific to your access or use of the Services.

(d) (a) We reserve the right to take any action we determine necessary, in our sole discretion, regarding your liabilities and collateral in one or more of your active collateral positions, including, without limitation, if the value of your Digital Assets drops below a certain level or your positions pose a serious threat to the proper functioning of the applicable market. You acknowledge that we may, at any time and in our sole discretion take any action we deem necessary, in our sole discretion if: (i) you have negative equity; (ii) we determine that you would likely fall below a certain maintenance requirement (negative equity) upon liquidation, in one or more of your positions through the Services or a combination of two or more of your positions; or (iii) we determine, in our sole discretion, that one or more of your positions, or a combination of two or more of your positions pose a serious threat to the proper functioning of the Digital Assets included in any Digital Asset market including any lending pool.

(b) You acknowledge and understand that separate margin requirements may apply to certain Services like margin trading. You understand that cross margining between open orders and open positions by which reference to the net market risk across open orders and positions is not permitted.

WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATION IN THE SERVICES, PLATFORM, REWARDS, AND/OR ANY THIRD PARTY SERVICE, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.

8. PROHIBITED USE AND REPRESENTATIONS

8.1 Prohibited Use

You may not use the Services to engage in the following categories of activity (each a “Prohibited Use”). The specific types of activities listed below are representative, but not exhaustive.

(a) Unlawful Activity. Activity which, in any way, would violate, or assist in violation of, any law, statue, ordinance, or regulation, sanctions programs administered in the countries where we offer the Services, or which would involve proceeds of any unlawful activity; publish, distribute, or disseminate any unlawful material or information.

(b) Abusive of Others. Interfere with another individual’s access to or use of the Services including but not limited to exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content; defame, abuse, extort, harass, stalk, threaten, or otherwise violate or infringe the legal rights of others; ask for personally identifiable information, or otherwise; transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; to impersonate or attempt to impersonate ASTROS, an employee, another user, or any other person or entity (including, without limitation, by using email addresses, screen names, similarly named or commonly misspelled URLs, or associated blockchain identities); engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services; incite, threaten, encourage, or promote hate, racial intolerance, or violent acts against others.

(c) Fraud. Activity which operates to deceive or defraud, or attempt to deceive or defraud, us, any users or any other person, including without limitation providing any false, inaccurate, or misleading information whether directly through the Services or through an external means that affects the Services with the intent to unlawfully obtain the property of another or to provide knowingly or recklessly false information, including in any way that causes inaccuracy among the content on the Services.

(d) Abusive Activity. To cause the Services, the Platform underlying blockchain network(s) or technologies, or any other functionality with which the Services interact, to work other than as intended; damage our reputation, or impair any of our legal rights or interests; engage in any activity or behavior that violates any applicable laws concerning, or otherwise damages, the integrity of the Services or any other service or software which relies on the Services; use the Services in any manner that could disable, overburden, damage, impair, or interfere with the Services, including the ability to engage in real time activities through the Services; use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services; attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services or information in connection with the Services is stored, or any server, computer, or database connected to the Services, including any underlying blockchain; through the use of a VPN software or any other privacy or anonymization tools or techniques intended to circumvent, or attempt to circumvent, any restrictions that apply to the Services.

(e) Intellectual Property Infringement. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable law or regulation or that otherwise may be in conflict with these Terms; engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, software, or other licensed materials without the appropriate authorization from the rights holder; use of our intellectual property, name, or logo, including use of any of our trade or service marks, without our express consent or in a manner that otherwise harms us or our brand; any action that implies an untrue endorsement by or affiliation with us.

8.2 Representations and Warranties

Without limitation to any other term or provision in this Agreement, you represent and warrant to us that:

(a) You will not engage in any Prohibited Use;

(b) you will abide by any and all applicable laws of the jurisdiction where you are located, all local, national, and international practices regarding Internet use, and all network agreements, rules, and procedures related to or in connection with the Services;

(c) your interactions and transactions in connection with the Services will comply with applicable law and regulation in your jurisdiction;

(d) you have obtained sufficient information about the Services, Digital Assets, Rewards, Digital Asset Wallets, the Platform, the Protocol, and all other services, applications, and features directly related to or in connection with the Services to make an informed decisions in regard to your use of the Services;

(e) you will bear the full responsibility for any and all activities that occurs in connection with your use or access to the Services including, without limitation: (i) any transaction or interaction on the Platform or in connection with the Services; (ii) disclosing or publishing information; (iii) clicking to agree with various agreements; and (iv) uploading and submitting various documents or information; and

(f) you are the legal and rightful owner of the Digital Assets in the Digital Asset Wallet, and any and all Digital Assets you use in connection with the Services.

9. CHANGES, SUSPENSION, AND TERMINATION

We may, at our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, all or any part of the Services. You acknowledge that our decision to take certain actions including limiting, suspending, or terminating your access to the Services, may be based on our confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of our risk management and security procedures to you.

9.1 No Liability

We will not be liable for any losses suffered by you resulting from any modification of the Services or from any suspension or termination of your access to all or a portion of the Services. You acknowledge that Digital Asset values may fluctuate during any period during which the Services have been suspended and agree that we will have no liability for any such fluctuations. You also acknowledge that in the event of permanent suspension or termination of the Services, the Digital Assets associated with your account may be lost and that we will have no liability for any such losses. You waive and hold us and our affiliates, licensees, and service providers harmless from any claims resulting from any action taken by us and/or any of the foregoing parties during, or taken as a consequence of, investigations by us, such parties, or law enforcement authorities. We have the right and sole discretion to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

9.2 Effect of Termination

In the event of the termination of your right to access or use any part or all of the Services, discontinuation of the Services, or other termination of your right to access any portion or all of the Services we may: (i) block your Digital Wallet Address from accessing the Services; (ii) delete or deactivate your profile and all related information and/or materials associated therewith, without liability to you; (iii) cancel any open transaction, or other use of the Services that are pending at the time of discontinuation or termination; (iv) in the event that your access is terminated due to a Prohibited Use, you will be subject to immediate sanction, including without limitation subjecting to disgorgement and/or recoupment any and all Rewards; and/or (v); any and all amounts payable by you to us will immediately become due.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 ASTROS Materials

The Services and its entire contents, features, and functionality including but not limited to all information, software, text, displays, images, video, and audio, the design, selection, and arrangement thereof, and the “look and feel” of the Services, except any open source software, are owned by us (“ASTROS Materials”), its licensors, or other providers of such material and are protected by applicable and/or international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

10.2 Limitations on Use

In connection with your use of the Services, you may use the ASTROS Materials solely as authorized by us for as long as we permit you to continue accessing the Services. Without limiting the foregoing, you agree not to: (i) resell, lease, lend, share, distribute, or otherwise permit any third party to use the Services, ASTROS Materials; (ii) modify or create derivative works of the Services or ASTROS Materials, or any portion thereof, or any data or information received by you in connection therewith; (iii) frame, display, or incorporate the Services or ASTROS Materials in any website or any other work of authorship; (iv) decompile, disassemble, reverse engineer, or attempt to discover the source code of the Services or ASTROS Materials; (v) use the Services or ASTROS Materials to design, develop, or create any competing product or service; (vi) use the Services or ASTROS Materials for any commercial or noncommercial purpose other than their intended purposes determined at our sole discretion; (vii) suggest, imply, or misrepresent any affiliation, connection, or partnership with, or endorsement by, ASTROS; or (viii) use the Services or ASTROS Materials in any service bureau environment.

10.3 Rights We Grant You

We hereby permit you to use and access the Services, provided that you comply with these Terms. If any software, content, or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you a non-sublicensable, non-transferable, and non-exclusive right and license to execute, access, and display such software, content, and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms.

10.4 Reservation of Rights

If your use or access to the Services is in breach of these Terms, your right to access the Services will stop immediately and you must, at our sole option, return or destroy any copies of the materials that you made directly or indirectly from the Services. No right, title, or interest in or to the Services is transferred to you, and all rights not expressly granted are reserved by us. You may freely use any open-source materials up to the limits provided, but in accordance with any requirements placed, by those materials’ open-source licenses. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other applicable laws.

10.5 Trademarks

Our legal name, the term “ASTROS,” and any and all other related names, logos, product and/or service names, designs, and slogans are trademarks of ASTROS, its affiliates, or licensors. You agree not to use such marks without our prior express written permission.

11. PLATFORM CONTENT

We do not warrant the accuracy, completeness, or usefulness of any materials or information that we or a third party present on or through the Services and such information is made available solely for general information and education purposes. Any material, content, or information posted to the Services should not be construed as an intention to form a contract, and in no case should any information be construed as an offer from ASTROS to buy, sell, exchange, or otherwise transact with you using Digital Assets. We disclaim all liability and responsibility arising from any reliance placed on such information or materials by you, any other user or person who may be informed of any of the Services contents, or by the actions or omissions of others interacting with the Services.

12. FEEDBACK

Any questions, suggestions, ideas, feedback, reviews, or other information or materials regarding the Services that you provide us with (collectively, “Feedback”) are non-confidential. ASTROS will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise without acknowledgment, attribution, or compensation to you. You hereby assign to ASTROS all right, title, and interest to Feedback together with all associated intellectual property rights and waive any claim for, acknowledgement or compensation based on any Feedback or any modifications made based on any Feedback.

13. RELATIONSHIP

ASTROS is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in your use of the Services. ASTROS does not provide investment, tax, or legal advice, and you are solely responsible for any transaction, investment, strategy, decision, or other act that you make when using the Services. We may provide educational material or information on the Platform, through the Services, social media account, or other channel of communication. No communication or information provided to you by ASTROS is intended as, or shall be considered or construed as, advice. You acknowledge and agree to the fullest extent such duties or liabilities are afforded by law or by equity, such duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated, and that we shall be held completely harmless in relation thereof.

14. CHARGES AND FEES

We may, in our sole discretion and at any time, set or modify the fees for any or all of the Services. Except as required by law, fees are non-refundable.

14.1 Our Fees

You agree to pay us all applicable fees associated with your use of the Services. We may change the fees and any fee schedule at any time, without notice. Any fee we charge may vary between Digital Assets or Digital Asset Pair.

14.2 Third Party Fees

You may be charged fees for your use or access to the Protocol through a third party interface. You are responsible for doing your own diligence on any third party interface to understand any applicable fee or charge that the third party interface provider may charge you. Under no circumstances will ASTROS incur any liability, of any kind, to you arising from or relating to fees charged to you by your access or use to the Protocol via a third party interface or any Third Party Service.

14.3 Asset Recovery

ASTROS has no legal, contractual, or other similar obligation or duty to recover, compensate, or refund any Digital Assets lost due to any reason including smart-contract bugs, blockchain malfunctions, cyber-attacks, or user errors. We reserve the right, in our sole discretion, to attempt to assist you with recovery or refund of your Digital Assets on a case-by-case basis. No prior assistance shall be binding or set a precedent for any future assistance by ASTROS. We may discontinue, refuse, or suspend our assistance at any time and in our sole and absolute discretion.

In connection with our review of any request you make regarding the recovery of your Digital Assets, you agree to: (i) provide us with all relevant information and documentation related to your request within three (3) calendar days of the loss of your Digital Assets; and (ii) be responsible for any and all fees we incur in connection with the recovery of your Digital Assets. We make no promises, warrants, representations, or guarantees regarding the recovery of all or any amount of your lost Digital Assets.

You agree that you will not hold us liable for: (i) any action or inaction we make in connection with the decision to recover or not recover your Digital Assets; (ii) any discrepancy between the amount of Digital Assets we recover and the amount you lost; and (iii) any loss you incur from using the Digital Assets we recovered.

14.4 Blockchain Fees

Blockchain transactions require the payment of transaction fees to the appropriate network’s nodes, miners, validators, or operators (“Blockchain Fees”). You will be solely responsible to pay the Blockchain Fees for any transaction that you initiate via the Services. Blockchain Fees are neither levied directly by ASTROS nor paid to or shared with ASTROS in any way, but rather are determined by your use of the Services and the rules placed by corresponding blockchain communities at large. You acknowledge and agree that ASTROS has no control over Blockchain Fees (including without limitation their applicability, payment, amounts, transmission, intended operation, and effectiveness) whether related to your use of the Services or otherwise, and in no event will ASTROS be responsible to you or any other party for the payment, repayment, refund, disbursement, indemnity, or for any other aspect of your use or transmission of Blockchain Fees.

15. WARRANTY DISCLAIMER

ASTROS has no oversight on or control over any particular Digital Asset, Protocol, or blockchain network. You are responsible for your use of the Services, the functionalities that you enable, transactions engaged on the Protocol through the Services, and access or use of the information derived thereof. You are also solely responsible for complying with all applicable laws related to transactions and activities that directly or indirectly incorporate our provision of the Services. You acknowledge and understand that we are not registered nor licensed with, nor have the Services or the software contained therein been reviewed by any securities, commodities, or other financial or banking regulator. You further acknowledge and understand that we cannot and do not guarantee or warrant that files available for download from the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for: (i) an appropriate blockchain based utility; (ii) anti-virus protection and accuracy of data input and output; (iii) your participation in and use of the Protocol and related technologies; and (iv) maintaining a means external to our site to reconstruct any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NOT EVENT WILL ASTROS, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, MAN-IN-THE-MIDDLE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, PLATFORM, OR ASTROS MATERIALS, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF ASTROS THROUGH THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES AND ANY SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICES, ASTROS MATERIALS, PLATFORM, PROTOCOL, REWARDS, AND ANY OTHER SERVICE, PRODUCT, FEATURE, OR REWARD, PROVIDED BY OR ON BEHALF OF ASTROS ARE PROVIDED ON AN “AS IS’’ AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, IN NOT EVENT WILL ASTROS, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR, AND EXPLICITLY DISCLAIM, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED THE SERVICES, ASTROS MATERIALS, PLATFORM, PROTOCOL, REWARDS, AND ANY OTHER SERVICE, PRODUCT, FEATURE, OR REWARD, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER ASTROS, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, ASTROS MATERIALS, THE PROTOCOL, THE PLATFORM, AND/OR ANY PRODUCT, SERVICE, FEATURE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF ASTROS.

ASTROS, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES DO NOT REPRESENT OR WARRANT THAT: (I) ACCESS TO THE SERVICES, ASTROS MATERIALS, THE PLATFORM, THE PROTOCOL, AND ANY OTHER PRODUCT, SERVICE, FEATURE, REWARD, OR ITEM PROVIDED BY OR ON BEHALF OF ASTROS WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, WITHOUT DELAY, ERROR-FREE, SECURE, OR FREE FROM DEFECTS; (II) THE INFORMATION CONTAINED OR PRESENTED ON THE SERVICES, ASTROS MATERIALS, THE PROTOCOL, OR THE PLATFORM IS ACCURATE, RELIABLE, COMPLETE, CONCISE, CURRENT, OR RELEVANT; (III) THE SERVICES, ASTROS MATERIALS, PLATFORM, PROTOCOL, REWARDS, AND ANY OTHER SERVICE, PRODUCT, FEATURE, REWARD, OR ANY SOFTWARE CONTAINED THEREIN WILL BE FREE FROM DEFECTS, MALICIOUS SOFTWARE, ERRORS, OR ANY OTHER HARMFUL ELEMENTS, OR THAT ANY OF SUCH WILL BE CORRECTED; OR (III) THE SERVICES, ASTROS MATERIALS, PLATFORM, PROTOCOL, REWARDS, AND ANY OTHER SERVICE, PRODUCT, FEATURE, OR REWARD, WILL MEET ANY USER’S EXPECTATIONS. NO INFORMATION OR STATEMENT THAT WE MAKE, INCLUDING DOCUMENTATION OR PRIVATE COMMUNICATION, SHOULD BE TREATED AS OFFERING ANY WARRANTY CONCERNING THE SERVICES, ASTROS MATERIALS, PLATFORM, PROTOCOL, REWARDS, AND ANY OTHER SERVICE, PRODUCT, FEATURE, OR REWARD PROVIDED BY OR ON BEHALF OF ASTROS. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY CONTENT, ADVERTISEMENTS, OFFERS, STATEMENTS, OR ACTIONS BY ANY THIRD PARTY EITHER REGARDING THE SERVICES, ASTROS MATERIALS, THE PLATFORM, THE PROTOCOL, REWARDS, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF ASTROS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless ASTROS, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your violation of these Terms; (ii) your use of Services; (iii) your interactions or transaction with or on the Platform, through the Services, or the Protocol, and any other service, product, application, program, or feature accessible on or through the Services; (iv) your use of or reliance on the Platform’s content, the Services, ASTROS Materials, and/or any other services or products other than as expressly authorized in these Terms; (v) your access or use of a Third Party Service including any liquidity aggregator; (vi) engaging in any Prohibited Use, whether alone or in concert with others such as front-running; (vii) any third party’s access or use of the Services with or without your assistance, using any device, account, profile, Digital Asset Wallet, or other mechanism that you own or control; (viii) congestion in the SUI or other blockchain network available on the Platform; (ix) failed transactions when depositing multiple Digital Assets into a liquidity pool; (x) your use of any Software Development Kit (“SDK”), Command-Line Interface (“CLI”), or other software offered by us or provided through the Platform or Services; and/or (xi) any actions or inactions we directly or indirectly make in connection with recovery of your Digital Assets.

17. LIMITATION OF LIABILITY; DISCLAIMER OF DAMAGES

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ASTROS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SERVICES, ASTROS MATERIALS, THE PLATFORM, THE PROTOCOL, AND/OR ANY PRODUCT, SERVICE, REWARD, DIGITAL ASSET, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF ASTROS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS DISCLAIMER OF LIABILITY EXTENDS TO ANY AND ALL DAMAGES CAUSED BY ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY FRAUD, DECEIT, OR MANIPULATION), WHETHER OR NOT A USER, OR ANY FAILURE, EXPLOIT, OR VULNERABILITY OF THE SERVICES, THE PLATFORM, THE PROTOCOL, ASTROS MATERIALS, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF ASTROS.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ASTROS, AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID DIRECTLY TO ASTROS FOR THE SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. DISPUTE RESOLUTION AND MANDATORY ARBITRATION

Please read this section carefully because it waives any right to participate in any class action or other representative action or proceeding. This section requires you to arbitrate certain disputes and limits the ways in which you can seek relief, including by precluding you from suing in court or having a jury trial.

18.1 Waiver of Class Actions and Right to Jury Trial

To the extent permissible by law, any claim, controversy, or dispute arising out of or related to this Agreement, or any products or services provided in connection with the Services (each a “Dispute”) must be brought in your individual capacity, and not as a plaintiff or class member in any putative class, collective action, or representative proceeding (collectively “Class Action Waiver”). The arbitrator may not consolidate more than one person’s claims or engage in any arbitration on behalf of a class. You agree that, by entering into this Agreement, you are waiving the right to a trial by jury and the right to participate in a class action.

18.2 Informal Resolution

Before filing a claim against ASTROS, you agree to try to resolve the Dispute by first emailing [ [e-mail] ] with a description of your claim and proof of your relationship with ASTROS. If we can’t resolve the Dispute within sixty days of our receipt of your first email, you or ASTROS may then submit the Dispute to binding arbitration as provided herein.

18.3 Arbitration Agreement

All Disputes between you and ASTROS must be resolved by final and binding arbitration. By agreeing to binding arbitration, you and ASTROS expressly waive the right to formal court proceedings including without limitation trial by jury and class action. This Agreement affects interstate commerce, and the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act 9 U.S.C. § 1, et. Seq. (“FAA”).

18.4 Conducting Arbitration

The arbitration shall be conducted by the International Chamber of Commerce (“ICC”) under its Commercial Arbitration Rules (“ICC Rules”) then in effect. If you are a consumer, the most recent version of the ICC Rules can be accessed here. These Terms shall govern any conflict between the ICC Rules and these Terms. The location and type of hearing shall be determined in accordance with the ICC Rules. Further, a party’s right to request a hearing shall also be determined in accordance with the ICC Rules. Unless otherwise ordered by an arbitrator or pursuant to the ICC Rules, any in-person arbitration shall be in English and held remotely to the maximum extent and administered in New York, New York, or another mutually agreeable location.

18.5 Confidentiality

ASTROS, the arbitrator, and you, will each maintain the confidentiality of any arbitration proceedings, judgments, and awards including information shared and produced during the arbitration.

18.6 Arbitration Time for Filing

Any arbitration must be commenced by filing a demand for arbitration within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. If a claim is not filed within such period, the Dispute is permanently barred.

18.7 Severability

If any portion of this section is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision shall be severed from these Terms and such severance of the provision(s) shall have no impact whatsoever on the remainder of this section. Further, to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Lastly, if any provision in this section is found to prohibit an individual claim seeking public injunctive relief, such provision shall have no effect to the extent relief is allowed to be sought outside of arbitration. The remainder of this section shall remain in full force and effect.

18.8 Modification

Notwithstanding any term or provision in this Agreement to the contrary, you and ASTROS agree that if ASTROS makes any future material change to this section, we will notify you. Your continued use of the Services including the acceptance of features and services offered following the posting of changes constitutes your acceptance of any such changes.

19. GOVERNING LAW

This Agreement shall be governed by, and construed and enforced in accordance with, the laws of Panama without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. You agree that ASTROS may initiate a proceeding relating to the enforceability or validity of its intellectual property rights in any court of competent jurisdiction. With respect to any other proceeding not subject to arbitration under this Agreement, the courts of Panama will have exclusive jurisdiction. You waive any objection to venue in any such courts.

20. AMENDMENTS TO THIS AGREEMENT

We reserve the right to amend this Agreement, any other agreement or document incorporated or referenced in this Agreement, and any policy governing the use of the Services at any time and in our sole discretion. Any amendment will be effective immediately and you waive any right you may have to receive any specific notice of such amendment. Your continued use of the Services after posting of such amendment constitutes your agreement to be bound by all then-in-effect amendments to this Agreement, regardless of whether you have actually reviewed them.

21. MISCELLANEOUS TERMS

21.1 Assignment

These Terms, and any other document, material, or information referenced herein is particular to you and any attempt that you make to assign, novate, or transfer your rights, interests, liabilities, and/or obligations is null and void, unless you have received ASTROS’s prior written consent. ASTROS reserves the right to assign our rights without restriction, including without limitation to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their successors and permitted assigns.

21.2 Term and Survival

We reserve the right to change, suspend or discontinue, or terminate, restrict, or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. All sections of this Agreement that by their nature should survive termination shall survive termination.

21.3 Nonwaiver of Rights

Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.

21.4 Severability

If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation, or any governmental agency whether local, state, or federal, such provision shall be interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law, and the validity or enforceability of any other provision of the Terms shall not be affected.

21.5 Headings

Headings of sections are for convenience only and shall not be used to limit or construe such sections.

21.6 Force Majeure

You acknowledge and consent that the Services are provided by us according to our current technological capability and other business conditions. While we have made every effort to ensure continuity and security of the Services, we are unable to completely foresee and hedge against all legal, technological, and other risks.

ASTROS will not be held liable for delays, failure in performance, or interruption of Services that result directly or indirectly from any cause or condition beyond our reasonable control. Such instances include: (i) acts of God such as earth earthquakes, fires, cyclones, explosions, typhoons, monsoons, landslides, lightning, storms, tempests, pandemics, droughts or meteors; (ii) acts of war, whether declared or undeclared, including invasion, act of a foreign enemy, hostilities between nations, civil insurrection, or militarily usurped power; and acts of terrorism; (iii) civil disorder, such as acts of a public enemy, malicious damage, terrorism, sabotage, or civil unrest; (iv) embargoes or sanctions (such as confiscation, nationalization, requisition, expropriation, prohibition, restraint or damage to property by or under the order of any government or governmental authority; (v) unnatural disasters, such as ionizing radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel; (vi) labor disputes, including strikes, blockades, lock-outs, or other industrial disputes; (vii) failure of telecommunication outlets, including the internet, communications networks and facilities, or other infrastructure, systems, operations or of equipment relevant to the provision or use of the Services; (viii) data breaches or data-processing failure or incomplete processing; and/or (ix) changes in laws or regulations that may materially affect the Digital Assets and/or blockchain industries (collectively, “Force Majeure Events”).

21.7 Taxes

It is your sole responsibility to determine whether and to what extent any taxes apply to activity you conduct through the Services; and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. No communication or information provided to you by ASTROS is intended as, or considered or construed as, legal or tax advice.

21.8 Notice

Any notices or other communications provided by us under these Terms including those regarding modifications to these Terms will be posted online, in the Services, or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with your use of the Services.

21.9 Privacy

To understand how ASTROS collects, uses, and shares information about you, please review our [Privacy Policy].

21.10 Third Party Beneficiaries

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.

21.11 Entire Agreement

These Terms and every other term or provision applicable to you, including any document incorporated by reference herein, constitute the entire agreement and understanding between you and ASTROS as to the subject matter hereof, and supersede any and all prior discussions, agreements, and understandings of any kind (including any prior versions of these Terms). Unless otherwise specifically stated, these Terms govern and control any conflict between these Terms and any other agreement you may have with ASTROS.

21.12 Translation

These Terms are set forth in the English language and all communications including any notices or information being transmitted shall be in English. In the event that these Terms or any part of it is translated (for any proceedings, for your convenience, or otherwise) into any other language, the English language text of these Terms shall prevail.