Terms of Use

Last Modified: 24 October 2024

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Acceptance of the Terms of Use

These terms of use are entered into by and between you and Fragmetric Labs Inc. (“Fragmetric,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of https://fragmetric.xyz (the “Website”) and Fragmetric’s online and mobile applications (“Apps”), including any content, protocol, functionality, and services offered on or through the Website or the Apps (collectively, the “Services”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://docs.fragmetric.xyz/legal/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use our Services.

Fragmetric may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, to provide you with a requested service, or to investigate a potential violation of these Terms of Use. In such cases, Fragmetric, in its sole discretion, may disable your account in connection with the Services and block your ability to access the Services until such additional information and documents are processed by us. If you do not provide complete and accurate information in response to such a request, we may refuse to restore your access to the Services.

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Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. We will use commercially reasonable efforts to communicate to you any discontinuation of a Service through the Site or public communication channels. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

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Disclaimer

Fragmetric is not a wallet provider, exchange, broker, dealer, financial institution, payments processor, money services business, or creditor, and does not hold any registrations, licences or approvals under the financial regulatory laws of any jurisdiction. Fragmetric is a software provider that operates a blockchain protocol enabling liquidity restaking. Fragmetric does not have custody or control over the blockchains you are interacting with. To use our Services, you must use a third-party wallet which allows you to engage in transactions on blockchains.

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Use of the Services

As a condition to accessing or using the Services, you represent and warrant that:

• if you are an individual, you are of legal age in the jurisdiction in which you reside and you have the legal capacity to enter into these Terms of Use and be bound by them;

• if you are an entity, you have the legal authority to accept these Terms of Use;

• you are not a resident, national, or agent of, located in, incorporated or otherwise formed in, or have a registered office in, the United States;

• you are not a person or entity listed on any sanctions list or equivalent maintained by the United States government, the Canadian government, the United Kingdom government, the European Union or the United Nations (a “Sanctioned Person”), and do not intend to transact with any Sanctioned Person;

• you do not, and will not, use virtual private network (“VPN”) software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services; and

• your access to the Services is not prohibited by and does not otherwise violate or assists you to violate any applicable laws, and does not contributes to or facilitates any illegal activity.

If you do not meet all of these requirements, you must not access or use the Services.

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Accessing the Services and Account Security

We reserve the right to withdraw or amend all or any part of the Services, and any service or material we provide as part of the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Services or the entire Services.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Services.

• Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with this Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

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Intellectual Property Rights

Save for the User Content as described below, the Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (the “Non-User Content”) are owned entirely by Fragmetric, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Fragmetric’s name, logo, trademarks and all related names, logos, product and service names, designs, and slogans are trademarks of Fragmetric or its affiliates or licensors. You must not use such marks without the prior written permission of Fragmetric. All other names, logos, product and service names, designs, and slogans within the Services are the property of their respective owners, and may not be copied, imitated or used, in whole or in part, without the permission of the relevant owner.

Where you create or submit information and content for Fragmetric to publish or display (“post”) on or through the Services or transmit to other users of the Services or third parties (collectively, the “User Content”), you retain your rights to such User Content. By using the Services in conjunction with creating, submitting, posting, promoting, or displaying the User Content, you grant us, our affiliates and service providers (and each of their and our respective licensees and successors) a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any User Content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Services for our current and future business purposes, including to provide, promote, and improve the Services.

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Services. You agree that your User Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. You further agree that your creation, submission, posting, promotion or display of the User Content does not violate any applicable laws.

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Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation.

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• To impersonate or attempt to impersonate Fragmetric, a Fragmetric employee or contractor, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Fragmetric or users of the Services, or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the Website, the Apps or interfere with any other party’s use of the Services, including their 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 Website or the Apps.

• Use any manual process to monitor or copy any of the material on the Website or the Apps, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Services.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.

• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Services.

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User Content

All User Content must comply with any User Content standards set out in these Terms of Use and/or otherwise published by Fragmetric from time to time (the “User Content Standards”).

Any User Content you post on the Services will be considered non-confidential and non-proprietary.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Fragmetric, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to you or any third party for the content or accuracy of any User Content posted by you or any other user of the Services.

We have the right to:

• Remove or refuse to post any User Content for any or no reason in our sole discretion.

• Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the User Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Fragmetric.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right 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 User Content on or through the Services. YOU WAIVE AND HOLD HARMLESS FRAGMETRIC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all User Content before it is posted on the Services and cannot ensure prompt removal of objectionable User Content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content (including User Content) provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

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Content Standards

These content standards apply to any and all User Content and use of the Services. User Content must in their entirety comply with all applicable laws and regulations. Without limiting the foregoing, User Content must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

• 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 laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

• Impersonate any person or misrepresent your identity or affiliation with any person or organization.

• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

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Third Party Content and Links

As part of certain Services, you may view, have access to, and may use the informational content, products, or services of one or more third parties (“Third Party Content” and “Third Party Services” respectively). This includes Third Party Content and Third Party Services contained in advertisements, including banner advertisements and sponsored links. In each such case, you agree that your access, reliance upon or use any Third Party Content or Third Party Service is entirely at your own risk. Fragmetric does not guarantee, endorse, or recommend such Third Party Content or Third Party Services to any or all users of the Services, or the use of such content or services for any particular purpose.

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Liquidity Staking

Where you use the Services to stake any digital assets with us for the purposes of providing liquidity, you may receive tokens (such as $fragSOL) and/or other rewards pursuant to your staking and liquidity activities. Fragmetric does not guarantee any specific rate of return or reward, and reward rates may vary based on network conditions and other factors. You may have the option to withdraw staked assets, subject to any lock-up periods or withdrawal restrictions specified by Fragmetric. Withdrawals may be subject to processing delays. See also section on “Disclaimer of Warranties and Risks” below. 

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Campaigns

Fragmetric may, from time to time, organise reward and marketing campaigns (the “Campaigns”) where you may obtain a chance to receive points and other rewards. All Campaigns are subject to availability and may be changed or terminated by Fragmetric at any time without notice. Fragmetric may, at any time and in its absolute discretion, amend, modify or supplement any terms and conditions or rules associated with any Campaigns. All terms and conditions and rules associated with any Campaigns are incorporated by reference and form part of these Terms of Use. Fragmetric reserves the right to rescind or revoke distributed points and rewards at any time, without prior notice or reason. This includes points or rewards that have been earned through eligible activities or redeemed for rewards. In the event of rescission or revocation, Fragmetric is not obligated to provide compensation or reimbursement to affected participants.

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Reliance on Information Posted

Any information (including any content) presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

This Services includes content provided by third parties, including materials provided by other users (i.e. User Content) and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Fragmetric, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Fragmetric. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

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Changes to the Services

We may update the content within the Services from time to time, but the content is not necessarily complete or up-to-date. Any of the content within the Services may be out of date at any given time, and we are under no obligation to update such content.

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Information About You and Your Visits to the Services

All information we collect as part of the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

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Disclaimer of Warranties and Risks

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or 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 anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, 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 OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT (INCLUDING ANY NON-USER OR USER CONTENT), AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FRAGMETRIC NOR ANY PERSON ASSOCIATED WITH FRAGMETRIC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER FRAGMETRIC NOR ANYONE ASSOCIATED WITH FRAGMETRIC REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, FRAGMETRIC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ADDITIONALLY, BY ACCESSING OR USING THE SERVICES, YOU UNDERSTAND, ACKNOWLEDGE AND ACCEPT, WITHOUT LIMITATION, THE FOLLOWING:

(A)            THE SERVICES RELY ON EMERGING TECHNOLOGIES, SUCH AS CRYPTOGRAPHIC AND BLOCKCHAIN-BASED TECHNOLOGIES. THERE ARE INHERENT RISKS ASSOCIATED WITH CRYPTOGRAPHIC AND BLOCKCHAIN-BASED TECHNOLOGIES, DIGITAL ASSETS AND SYSTEMS THAT INTERACT WITH BLOCKCHAIN-BASED NETWORKS. YOU AGREE AND UNDERSTAND THAT FRAGMETRIC DOES NOT OWN OR CONTROL ANY OF THE UNDERLYING SOFTWARE THROUGH WHICH BLOCKCHAIN NETWORKS (SUCH AS THE SOLANA BLOCKCHAIN) ARE FORMED. IN GENERAL, THE SOFTWARE UNDERLYING BLOCKCHAIN NETWORKS, IS OPEN SOURCE, SUCH THAT ANYONE CAN USE, COPY, MODIFY, AND DISTRIBUTE IT. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE (I) THAT FRAGMETRIC IS NOT RESPONSIBLE FOR THE OPERATION OF THE BLOCKCHAIN-BASED SOFTWARE AND NETWORKS UNDERLYING THE SERVICES, (II) THAT THERE EXISTS NO GUARANTEE OF THE FUNCTIONALITY, SECURITY, OR AVAILABILITY OF THAT SOFTWARE AND NETWORKS, AND (III) THAT THE UNDERLYING BLOCKCHAIN-BASED NETWORKS ARE SUBJECT TO SUDDEN CHANGES IN OPERATING RULES, SUCH AS THOSE COMMONLY REFERRED TO AS “FORKS,” WHICH MAY MATERIALLY AFFECT THE SERVICES.

(B)            WHEN PROVIDING LIQUIDITY THROUGH ANY PROTOCOL MADE AVAILABLE BY US, YOU MAY FACE LIQUIDITY RISK. THIS MEANS THAT DURING TIMES OF HIGH VOLATILITY, MARKET DOWNTURNS, OR LOW DEMAND FOR THE TOKEN PAIRS IN LIQUIDITY POOLS, IT MAY BE DIFFICULT OR IMPOSSIBLE TO WITHDRAW YOUR STAKED DERIVATIVE TOKENS IN FULL. FURTHER, IF THE TOTAL VALUE LOCKED IN THE LIQUIDITY POOL DECREASES OR SHIFTS DUE TO MARKET ACTIVITY, YOUR PROPORTION OF THE POOL MAY LOSE VALUE RELATIVE TO THE UNDERLYING TOKENS. YOU MAY ALSO EXPERIENCE IMPERMANENT LOSS, WHICH REFERS TO THE TEMPORARY LOSS OF VALUE EXPERIENCED WHEN HOLDING LIQUIDITY TOKENS VERSUS HOLDING THE ORIGINAL TOKENS OUTSIDE OF THE POOL.

(C)           WHEN YOU STAKE ASSETS ON A PROOF-OF-STAKE NETWORK, YOUR TOKENS ARE SUBJECT TO THE RISK OF SLASHING, WHICH OCCURS WHEN VALIDATORS ON THE NETWORK FAIL TO MEET THEIR OBLIGATIONS (E.G., VALIDATOR DOWNTIME OR MALICIOUS BEHAVIOR). SLASHING RESULTS IN A PARTIAL OR COMPLETE LOSS OF YOUR STAKED ASSETS. SINCE LIQUIDITY RESTAKING INVOLVES STAKING DERIVATIVE TOKENS (LIKE STETH OR STSOL) THAT REPRESENT UNDERLYING STAKED ASSETS, ANY SLASHING EVENT ON THE ORIGINAL NETWORK CAN AFFECT THE VALUE OF THE DERIVATIVE TOKENS. ADDITIONALLY, SLASHING CAN ALSO OCCUR ON THE SECONDARY NETWORKS FOR STAKED OR RESTAKED ASSETS, WHICH MAY ALSO AFFECT THE VALUE OF THE DERIVATIVE TOKENS. IN EXTREME CASES, SLASHING COULD RESULT IN THE COMPLETE LOSS OF THE RESTAKED ASSETS IN LIQUIDITY POOLS.

(D)           LIQUIDITY RESTAKING INVOLVES THE USE OF DERIVATIVE TOKENS (SUCH AS $jitoSOL,$mSOL, $bSOL, or$INF OR OTHER STAKING DERIVATIVES), WHICH ARE ISSUED BY THIRD-PARTY STAKING SERVICES. THE VALUE OF THESE TOKENS MAY DIVERGE FROM THE VALUE OF THE UNDERLYING STAKED ASSETS DUE TO MARKET CONDITIONS, LIQUIDITY CONSTRAINTS, OR SYSTEMIC RISKS IN THE STAKING SERVICE ITSELF. THESE DERIVATIVE TOKENS MAY ALSO BE SUBJECT TO DE-PEGGING EVENTS, WHERE THEIR VALUE DEVIATES SIGNIFICANTLY FROM THE UNDERLYING ASSET THEY REPRESENT.

(E)            THE LEGAL AND REGULATORY ENVIRONMENT FOR DECENTRALIZED FINANCE, STAKING, AND LIQUIDITY RESTAKING IS RAPIDLY EVOLVING AND MAY DIFFER ACROSS JURISDICTIONS. YOU ARE RESPONSIBLE FOR UNDERSTANDING AND COMPLYING WITH ANY LOCAL LAWS, REGULATIONS, OR RESTRICTIONS THAT MAY APPLY TO YOUR USE OF THE SERVICES. WE CANNOT AND DO NOT PROVIDE ANY LEGAL, FINANCIAL, OR REGULATORY ADVICE. FRAGMETRIC MAKES NO REPRESENTATION AS TO WHETHER THE SERVICES ARE COMPLIANT WITH THE LAWS OF ANY JURISDICTION, AND IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR PARTICIPATION IN THE SERVICES IS LAWFUL. ADDITIONALLY, THE SERVICES AND ANY DIGITAL ASSETS YOU ACQUIRE THROUGH THE SERVICES COULD BE IMPACTED BY ONE OR MORE REGULATORY INQUIRIES OR REGULATORY ACTIONS, WHICH COULD IMPEDE OR LIMIT THE ABILITY OF FRAGMETRIC TO CONTINUE TO MAKE AVAILABLE OUR SERVICES TO YOU.

(F)            THE CRYPTOCURRENCY MARKETS ARE KNOWN FOR THEIR HIGH VOLATILITY. THE VALUE OF THE STAKED TOKENS, DERIVATIVE TOKENS, AND ASSETS WITHIN LIQUIDITY POOLS MAY FLUCTUATE SIGNIFICANTLY IN RESPONSE TO MARKET CONDITIONS. YOU ACKNOWLEDGE THAT THERE IS A RISK OF SUBSTANTIAL FINANCIAL LOSS, AND THAT SUCH LOSSES ARE A COMMON FEATURE OF THE DIGITAL ASSET MARKETS.

(G)           YOU ACKNOWLEDGE AND UNDERSTAND USE OF THE SERVICES IS HIGHLY RISKY IN NATURE. YOU ACCEPT THAT YOU MAY SUSTAIN TOTAL OR PARTIAL LOSS OF ALL ASSETS, TOKENS OR REWARDS STAKED OR ACQUIRED THROUGH THE SERVICES.

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Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FRAGMETRIC, 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, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICES, 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.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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Indemnification

You agree to defend, indemnify, and hold harmless Fragmetric, its affiliates, licensors, and service providers, and its 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 your violation of these Terms of Use or your use of the Services (including any risks arising out of such use), including, but not limited to, your User Content, any use of the Services other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

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Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms of Use, for any failure or delay in fulfilling or performing any of our obligations under these Terms of Use or in providing the Services, when and to the extent such failure or delay is caused by or results from any events beyond our ability to control, including acts of God; flood, fire, earthquake, epidemics, pandemics, tsunami, explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, government order, law, or action, embargoes or blockades, strikes, labor stoppages or slowdowns or other industrial disturbances, shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity, and other similar events beyond our control.

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Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of British Virgin Islands.

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Arbitration

Any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.

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Waiver and Severability

No waiver by Fragmetric of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Fragmetric to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

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Entire Agreement

The Terms of Use, our Privacy Policy and such other terms and conditions as made available by us by way of the Services from time to time constitute the sole and entire agreement between you and Fragmetric regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

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Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: admin@fragmetric.xyz.