Terms of Service

Last updated: November 6, 2026.

1. Scope

These terms, and the accompanying privacy policy, which is incorporated into and a part of these terms, govern the use of the TradeKit website at tradekit.xyz, the trading application at app.tradekit.xyz, and the associated tools and services.

Collectively, the website and the associated tools and services are referred to as the “Services” in these terms. The operator may offer other products and services. The Services are limited to software, user-interface, data-display, and transaction-preparation tools that allow users to view information, configure transaction parameters, and transmit user-authorized instructions to unaffiliated third-party venues, protocols, smart contracts, wallets, or other service providers. We do not operate any exchange, designated contract market, swap execution facility, broker-dealer, introducing broker, futures commission merchant, clearing organization, or trading venue.

The Services do not include outside websites or platforms which may be linked or interconnected to the Services. Such outside platforms may have their own terms of service, which control for all transactions on such platforms. These outside platforms may include, but are not limited to:

• The Hyperliquid exchange and its interface, owned by Hyperliquid Corp., at app.hyperliquid.xyz — trading routed through the Services is executed on Hyperliquid.

The operator is not responsible for any transactions on other platforms and disclaims all liability for such transactions.

These terms include important provisions governing your use of the Services. These provisions affect such matters as your right to use the Services, actions you are prohibited from taking with respect to the Services, disclaimers regarding liability, and your waiver of the right to bring a suit in a court of law and to a jury trial, and the requirement that any dispute between you and the operator be resolved by binding individual arbitration. Before using the Services, make sure that you read and understand all of these terms and the accompanying privacy policy.

Where the Services connect to or display information from a third-party venue, exchange, protocol, liquidity source, or other service provider, you understand that any account, membership, eligibility determination, KYC review, order acceptance, trade execution, clearing, custody, settlement, market surveillance, or dispute process is provided by that third party and governed by that third party’s rules and agreements. You may be required to establish and maintain a direct relationship with the relevant third party. The operator does not guarantee that any third party will accept, route, execute, clear, settle, or cancel any transaction.

TradeKit operates the Services. It and its affiliates are referred to in this document as the “operator,” “we,” or “us.”

2. Your permission to use the Services

Subject to these terms, the operator gives you permission to use the Services. You can’t transfer your permission to anyone else. Others need to agree to these terms for themselves to use the Services.

Your permission to use the Services is subject to the following conditions:

• You must be at least eighteen years old.
• You are not barred from using the Services under applicable law.
• You may no longer use the Services if the operator tells you that you may not.
• You must follow Acceptable Use and Content Standards.
• You are not a resident, national, or agent of the Crimea region, Cuba, Iran, North Korea, Syria, or any other country to which the United States, the United Kingdom, or the European Union embargoes goods or imposes similar sanctions.
• You have not been identified as a Specially Designated National or placed on any sanctions list by the U.S. Treasury Department’s Office of Foreign Assets Control, the U.S. Commerce Department, or the U.S. Department of State; and you will not use our Services to conduct any illegal or illicit activity.
• You have not been placed on any of the following lists: European External Action Service Consolidated Financial Sanctions List; EU Terrorist List; FATF Non-Cooperative Countries and Territories; Federal Bureau of Investigation Most Wanted Terrorists & Seeking Information; Bank of England Sanctions List; HM Treasury Sanctions List; Politically Exposed Persons List; World Bank Ineligible Firms; Department of Foreign Affairs and Trade Consolidated List.

3. The service

The Services are a trading terminal for the Hyperliquid exchange. They provide market data, charting, order entry and routing, position and account views, and tools that let you create automated strategies — including trigger rules and agents — that transmit your orders to Hyperliquid pursuant to the parameters and permissions you configure.

Trading routed through the Services is executed by Hyperliquid under its own terms, agreements, and rules, and in a direct relationship between you and Hyperliquid. The operator is not a party to that relationship and is not liable for the performance of any obligations thereunder. The operator does not bear any financial or commercial risk or provide any warranties or assurances in connection with the same.

The Services merely provide an interface allowing you to access Hyperliquid and other supported third parties, and do not act as an agent for any user. The operator’s involvement in any order submission is limited to passively providing software which enables you to transmit your orders and automation instructions to third parties. At no point in time does the operator generate express “buy” or “sell” signals, or exercise discretion with respect to the routing or execution of orders.

Where you configure automation through the Services — including trigger rules, agents, or other instructions to submit orders on your behalf — you are solely responsible for the parameters, thresholds, permissions, and API or agent credentials you configure. Automation will act strictly per your configuration and market conditions may cause outcomes you did not intend; review every rule and permission you create.

Although the Services are intended to display accurate and timely information, the Services or relevant tools/information may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. The pricing information data provided through the Services does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with the operator. Accordingly, users should verify all information before relying on it, and all decisions based on information contained in the Services are at the sole responsibility of each user. Any photographs, graphic illustrations, videos, models, charts, designs, or examples on the Services are strictly for information purposes only and have no contractual value nor do they form the basis of any contract with the operator.

The Services may display market data, indicative prices, available venues, potential execution routes, fees, estimated network costs, or other transaction-related information. Any filtering, sorting, default display, default venue, or default transaction parameter made available through the Services is based on objective and pre-disclosed factors, which may include availability, compatibility, asset type, liquidity, price, network costs, latency, security, transparency, or other technical or operational criteria. The Services do not represent that any displayed route, venue, price, or transaction parameter is the “best,” “most reliable,” “most suitable,” or otherwise recommended option. You remain solely responsible for reviewing, modifying, approving, and submitting all transaction parameters.

We may market, describe, or promote the availability and functionality of the Services, including integrations with third-party venues, protocols, assets, markets, or products. Such communications are not solicitations, recommendations, investment advice, trading advice, or endorsements of any specific transaction, position, asset, contract, venue, market, strategy, or outcome.

Access to the Services may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to interact with third-party services for periods of time and may also lead to support response time delays. The operator cannot guarantee that the Services will be available without interruption and neither do we guarantee that requests to interact with third-party services will be successful.

4. Non-custodial

The Services are non-custodial in nature. As such, the Services do not hold or control your digital assets. Any digital assets which you may acquire through the usage of the Services will be held and administered solely by you; you remain in full control of your digital assets, which are not held or controlled in any way by the operator. We neither own nor control the relevant blockchain network on which digital assets are recorded, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the Services. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.

We will not create any hosted wallet for you or otherwise custody digital assets on your behalf. When you sign in through a wallet provider such as Privy, your private keys are managed by that provider in encrypted form on your devices, and you are solely responsible for safekeeping them and for any recovery methods the provider offers. We do not have access to your private keys.

Where you authorize the Services to submit orders on your behalf — including via exchange API credentials or agent permissions you configure — those credentials act with the authority you grant them and under your sole responsibility. The operator never provides any digital asset exchange or portfolio/fund management services. If you choose to engage in transactions via the Services, then such decisions and transactions and any consequences are your sole responsibility.

5. Fees and blockchain costs

Using the Services may require that you pay a fee to other users of the Services or to the operator. Using the Services may also require that you pay a fee to parties other than users or the operator, such as trading fees charged by Hyperliquid or gas charges on the blockchain to perform a transaction. You acknowledge and agree that the operator has no control over any such transactions, the method of payment of such transactions or any actual payments of transactions. Accordingly, you must ensure that you have a sufficient balance of the applicable cryptocurrency tokens stored at your wallet address to complete any transaction before initiating such transaction.

6. Your information and verification

You agree to:

• Provide accurate, current and complete information about you if requested by any registration or subscription forms on the Services or otherwise requested by the operator;
• Maintain the security of your password and identification;
• Maintain and promptly update any information you provide to the operator, to keep it accurate, current and complete;
• Promptly notify the operator regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Services or the terms on which you use the Services; and
• Be fully responsible for all use of your account on the Services and for any actions that take place using your account.

You acknowledge that the operator and its partners (including wallet and identity-verification providers) may perform Know Your Customer (“KYC”) procedures on the information you provide, as required by internal policies and as required by applicable guidelines or regulations. You consent to such KYC procedures and to background checks seeking to confirm whether your name and identity matches the identity of anyone listed on a terrorist or criminal database or watch list or is associated with any foreign government. The data and information contained in such investigations is obtained from numerous regulatory, private, and public sources and is thought to be reliable, and may be shared with our partners as necessary to facilitate the Services. We and/or our partners may have legal obligations under the USA Patriot Act or other applicable laws designed to detect money laundering or other crimes, including obligations to report suspicious activity. We reserve the right to deny any individual the right to access products that are otherwise available on the Services for any reason, including, without limitation, as a result of information obtained in connection with such checks and whether or not such information is accurate, truthful or complete.

The operator may in its sole and absolute discretion decline to accept any person’s request at any time, with no requirement for any reason or explanation; you agree that such decline(s), if any, shall not constitute an opinion, recommendation or investment, legal or tax advice by the operator.

7. Acceptable use

• You may not break the law using the Services. For example, this includes breaking any applicable law, rule, or regulation concerning the integrity of trading markets, such as wash trading, spoofing, or any other practice intended to deceive market participants. This also includes money laundering, terrorism financing, proliferation financing, or any other illegal financial activity. If the operator determines that you have broken the law, it will revoke your access. However, the operator is not obliged to inform you of any potential liabilities or violations of law or regulations. You are solely and entirely responsible for compliance with all laws and regulations that may apply to you.
• You may not exploit any errors, bugs, vulnerabilities, or unintended features of the Services, or any associated code. This includes, for example, attempts to gain any unauthorized access or manipulate transactions. This also includes exploiting vulnerabilities in the leverage or liquidation mechanisms of any connected venue, such as efforts to distort market pricing, manipulate protocol weaknesses, or create artificial disruptions.
• You may not use or try to use anyone else’s account on the Services (or to connect with anyone else’s wallet) without their specific permission.
• You may not buy, sell, or otherwise trade usernames or other unique user or account identifiers on the Services.
• You may not make publicly available the personal information of other people using the Services.
• You may not send advertisements, chain letters, or other solicitations through the Services, or use the Services to gather addresses for distribution lists (except to the extent expressly provided by the functionality of the Services).
• You may not falsely imply that you’re affiliated with or endorsed by the operator.
• You may not remove any marks showing proprietary ownership from materials you download from the Services.
• You may not disable, avoid, or circumvent any security or access restrictions of the Services. This includes, for example, using technologies such as VPNs or other methods to conceal your location; misrepresenting your residency; or engaging in any other activity designed to evade the restrictions set forth in these terms or applicable laws.
• You may not strain infrastructure of the Services with an unreasonable volume of requests, or requests designed to impose an unreasonable load on information systems the operator uses to provide the Services. This includes, for example, using bots, scripts, or other automated methods to interact with the Services in ways that exceed reasonable usage, bypass rate limits, cause denial-of-service conditions, or disrupt the normal functioning of the Services or related systems.
• You may not “screen scrape” or otherwise use any automated means to access the Services or collect any information from the services, except to index the public-facing portions of the Services for a search engine.
• You may not impersonate others through the Services.
• You may not reverse engineer or “decompile” any of the Services.
• You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail breaking.”
• You may not encourage or help anyone in violation of these terms.
• You may not use the Services to engage in insider trading, misuse of confidential information, pre-arranged or noncompetitive trading, wash trades, fictitious trades, disruptive trading, spoofing, collusion, circumvention of position limits, evasion of eligibility restrictions, or any activity that violates the rules of any third-party venue, exchange, protocol, or market to which the Services connect or from which the Services display information.

8. Content standards

• You may not engage in conduct or submit content to the Services that is illegal, defamatory, offensive, or otherwise harmful to others. This includes, but is not limited to, conduct or content that is harassing, inappropriate, expressing racial or other bigotry, and/or abusive.
• You may not engage in conduct or submit content to the Services that violates the law, infringes anyone’s intellectual property rights, violates anyone’s privacy, or breaches agreements you have with others.
• You may not submit content to the Services containing malicious computer code, such as computer viruses or spyware.
• You may not use the Services to disclose information from or about others that you don’t have the right to disclose.
• The “Content Standards” in this section extend to any content hosted on any other site or service and “embedded” in or otherwise connected to the Services.
• The operator shall have the sole right to determine whether any of the provisions in this “Content Standards” section have been violated.

9. Enforcement

• The operator may investigate and prosecute violations of these terms to the fullest legal extent. The operator may notify and cooperate with law enforcement authorities in prosecuting violations of the law and these terms.
• The operator reserves the right to change, redact, and delete content on the Services for any reason. If you believe someone has submitted content to the Services in violation of these terms, contact the operator immediately. See Contact.
• The operator may, at any time and in its sole discretion, refuse certain transactions, impose limits, or impose any other conditions or restrictions upon your use of the Services, without prior notice. The operator may also make the Services unavailable at any time, in its sole discretion.

10. Your content and ours

Nothing in these terms gives the operator any ownership rights in content or intellectual property that you share with the Services, such as your account information and configurations you create. Nothing in these terms gives you any ownership rights in the operator’s content or intellectual property, either. Unless otherwise noted, the operator owns the intellectual property of the Services and all content it has posted.

Between you and the operator, you remain solely responsible for content you submit to the Services. You agree not to wrongly imply that content you submit to the Services is from, sponsored by, or approved by the operator. These terms do not obligate the operator to store, maintain, or provide copies of content you submit. At a minimum, you license the operator to use content that you submit to the Services to provide the Services. That special license allows the operator to copy, publish, and analyze content you submit to the Services, and it ends when the last copy disappears from the operator’s backups, caches, and other systems.

Unless otherwise stated, the operator and/or its licensors own the intellectual property rights for all material in the Services. Certain images, videos, names, logos, trademarks, or brand assets appearing on the Services may belong to third parties, in which case the operator is using such materials as a fair and permissible use and/or with the consent of the copyright holder. Their display is for identification, informational, or compatibility purposes only and does not imply co-branding, sponsorship, endorsement, partnership, affiliation, or any other relationship with the operator unless expressly stated. All intellectual property rights are reserved.

You may view content in the Services for your own personal use subject to restrictions set in these terms and conditions. You may not republish, sell, rent, sub-license, reproduce, duplicate, or copy content from the Services, except with regard to your own content, or content to which you hold a suitably permissive license. You may not redistribute content from the services unless such content is specifically designated for redistribution. Nothing in these terms confers any license to any intellectual property rights, except as explicitly stated.

11. Third-party service providers

To provide the Services, the operator may use the following service providers. You authorize us to share your information with these and other service providers as necessary for the provision of the Services. You authorize these service providers and their affiliates and service providers to use, disclose and retain your personal data in connection with these terms and the provision of the Services and as required by law. As a condition of the use of the Services, you agree to each of the agreements listed after each service provider.

• Privy — account sign-in and embedded wallets (Terms, Privacy Policy)
• Resend — email delivery for the waitlist and product emails (Terms, Privacy Policy)
• Stripe (Link) — Crypto Onramp
  • For EU users, please refer to the terms & conditions at link.com/en-be/terms/crypto-onramp.
  • For US users, please refer to the terms & conditions at link.com/terms/crypto-onramp.
  • Privacy Policy: link.com/privacy
• Google (Terms, Privacy Policy)
• Cloudflare (Terms, Privacy Policy)
• Google Cloud — cloud hosting and storage (Terms, Privacy Policy)
• Coinbase (Terms, Privacy Policy)

12. Disclaimers

• You accept all risk of using the Services and their content. As far as the law allows, the operator provides the Services and its content “as is,” without any warranty whatsoever. The operator expressly disclaims, and you expressly waive, any representations, conditions or warranties of any kind, including, without limitation, the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third-party rights.
• You confirm that you accept all risk associated with your personal financial, cryptocurrency, and other crypto asset holdings, and transfers. You agree and acknowledge that the operator is not responsible or liable for any loss, harm, or damage, of any kind, related to or arising from your use of the Services, or arising from disclosure of your personal wallet “key,” even if such loss may be attributed to an error or “bug” in the Services.
• You accept all risks involving: (a) failures or inaccuracies in cross-chain bridges, oracles, or liquidity pools; (b) code vulnerabilities, including potential hacks or exploits; (c) significant slippage or other market risks arising from perpetual futures trading; (d) the risks of trading with leverage, which may lead to immediate and significant losses, including the liquidation of your positions; and (e) potential regulatory or legal issues affecting blockchain transactions or their enforceability.
• You accept the risks of automation you configure through the Services: a trigger rule or agent may submit orders you did not individually approve, at times and in market conditions you did not anticipate, and may compound losses through leverage or liquidation. You are solely responsible for the rules, parameters, and permissions you create, and for monitoring them.
• These terms do not impose any fiduciary duties on the operator. The operator owes no fiduciary duties or liabilities to you or any other party based on your use of the Services. To the extent that any such duties or liabilities may exist at law or in equity, you irrevocably waive such duties and liabilities.
• We do not warrant that the Services will be compatible with your device or carrier. Your use of the Services may be subject to the terms of your agreements with your device manufacturer or your carrier.
• At any time, your access to your tokens or other cryptocurrency assets may be suspended or terminated or there may be a delay in your access or use which may result in your tokens or other cryptocurrency assets diminishing in value or you being unable to complete a transaction.
• You accept all risks associated with the use of the Services to conduct cryptocurrency transactions, including, but not limited to, in connection with the failure of hardware, software, internet connections, and failures related to any supported network.
• The Services may be suspended or terminated for any or no reason, which may limit your access to your cryptocurrency assets.
• The website may hyperlink to and integrate websites and services run by others. The operator does not make any warranty about services run by others, or content they may provide. Use of services run by others may be governed by other terms between you and the one running service.
• You agree that you understand the inherent risks associated with cryptographic systems, including hacking risks and future technological development.
• You agree that you have an understanding of the usage and intricacies of native cryptographic tokens. You acknowledge and understand that with regard to any cryptographic tokens “stored” in a wallet to which you have custody, you alone are responsible for securing your private key(s). We do not have access to your private key(s). Losing control of your private key(s) will permanently and irreversibly deny you access to blockchain resources and your blockchain wallet.
• Regardless of anything to the contrary in these terms, nothing in these terms is a waiver, and we will not assert there has been a waiver, that would not be permissible under Section 14 of the Securities Act of 1933, Section 29(a) of the Securities Exchange Act of 1934, or any other applicable provision of federal and state securities laws.
• The operator and its affiliates do not provide investment advice or a recommendation of securities or investments. You should always obtain independent investment and tax advice from your professional advisers before making any investment decisions.
• The information and services provided on the Services are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where the operator is not authorized to provide such information or services. Some products and services described on the Services may not be available in all jurisdictions or to all clients.
• You acknowledge that you are not relying on the operator or any of its affiliates, officers, directors, partners, agents or employees in making an investment decision. Always consider seeking the advice of a qualified professional before making decisions regarding your business and/or investments. The operator does not endorse any investments and shall not be responsible in any way for any transactions you enter into. You agree that the operator and its affiliates, officers, directors, partners, agents or employees will not be liable for any loss or damages of any sort incurred as a result of any interactions between you and other users.
• It is your responsibility to determine what, if any taxes may apply to the transactions you complete under the Services and it is your responsibility to report and remit the appropriate tax to the relevant taxing authorities. You agree that the operator is not responsible for determining whether taxes apply to the transactions made under the Services.
• Digital assets are not legal tender, are not backed by the government, and are not subject to any “Deposit Insurance Scheme” or protections under any banking or securities laws. The operator is not a bank and does not offer any lending services, fiduciary services, or security broking services.
• The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your digital assets. We cannot guarantee that any users interacting with the Services will not lose money.
• The Services do not hold in custody, store, send, or receive any of your digital assets. This is because your digital assets exist only by virtue of the ownership record maintained on the relevant blockchain network or with the relevant third-party venue. Any transfer of digital assets occurs on that network or venue, and not on the Services.
• Hackers or other malicious groups or organizations may attempt to interfere with the Services in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing. In the event of a software bug or weakness, there may be no remedy, and users are not guaranteed any remedy, refund or compensation.
• The regulatory status of digital assets, and distributed ledger technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to the Services. Regulatory actions could negatively impact the operator in various ways, and thus the Services may not be available in certain areas.
• The Services may rely on or use a variety of external third party services or software, including without limitation cloud hosting services, analytics tools, or market data providers; the Services may be adversely affected by any number of risks related to these third party services/software, which may be compromised in the event of security vulnerabilities, cyberattacks, malicious activity, or technical interruptions.
• We may receive fees, referral fees, revenue shares, rebates, incentives, grants, or other compensation from users, affiliates, third-party venues, protocols, liquidity sources, service providers, or other persons. The existence, calculation, and structure of material fees or compensation arrangements will be disclosed where required or where material to your use of the Services. Such arrangements may create actual or potential conflicts of interest, including incentives relating to displayed integrations, default settings, available routes, market data, or third-party services.
• The Services may use Stripe or another third-party service provider to facilitate onramp of funds to your wallet. You agree that the operator is not responsible for any error or loss resulting from your use of any fiat onramp functionality in the Services. By using such onramp functionality, you agree to the terms of Stripe or other respective service provider as provided above in the section “Third-Party Service Providers.”
• You may not use the Services to trade, attempt to trade, or facilitate trading while in possession of material nonpublic, confidential, classified, misappropriated, or otherwise improperly obtained information relating to the subject of any market. You may not trade in a market where you directly or indirectly control, influence, determine, verify, report, or materially affect the outcome or resolution of the underlying event, except where expressly permitted by applicable law and the relevant market’s rules.

13. Your responsibility (indemnification)

You agree to reimburse the operator for all the costs of legal claims by others related to your breach of these terms, or breach of these terms by others using your account, or arising out of your use of the Services. Both you and the operator agree to notify the other side of any legal claims you might have to reimburse the operator for as soon as possible. If the operator fails to notify you of a legal claim promptly, you won’t have to reimburse the operator for costs that you could have defended against or lessened with prompt notice. You agree to allow the operator to take over investigation, defense, and settlement of legal claims you would have to reimburse the operator for, and to cooperate with those efforts. The operator agrees not to enter any settlement that admits you were at fault or requires you to do anything without your permission.

14. Limits on liability

• As far as the law allows, neither you nor the operator will be liable to the other for any: (1) financial losses; (2) loss of use, data, business or profits; or (3) indirect, special, consequential, exemplary, punitive, or any other damages arising out of or relating to the Services or these Terms of Service.
• Both you and the operator acknowledge that the limitations of liability in this section are material provisions of these Terms of Service, and that absent those limitations of liability, one or both of the parties would have declined to enter into the Terms of Service on the economic and other terms stated in it.
• To the extent not expressly prohibited by law, both you and the operator knowingly, voluntarily, intentionally, permanently, and irrevocably:
  • AGREE that the rights and obligations of both you and the operator that arise out of or relate to the Services, or any transaction or relationship resulting from the Services or these Terms of Service, are to be defined solely under the law of contract in accordance with the express provisions of these Terms of Service; and
  • WAIVE any such obligations allegedly owed by you or the operator that are not expressly stated in these Terms of Service, whether those obligations are alleged to arise in (for example) quasi-contract; quantum meruit; unjust enrichment; promissory estoppel; tort; strict liability; by law (including for example any constitution, statute, or regulation); or otherwise.
• You and the operator specifically agree that each limitation of liability in this section is to apply:
  • to both you and the operator, and to the affiliates, agents, and associated individuals of both you and the operator;
  • to all claims for damages or other monetary relief, whether alleged to arise in contract, tort (including for example negligence, gross negligence, or willful misconduct), or otherwise;
  • regardless whether the damages are alleged to arise in contract, negligence, gross negligence, other tort, willful misconduct, or otherwise;
  • even if the allegedly-liable party was advised, knew, or had reason to know of the possibility of excluded damages and/or of damages in excess of the relevant damages cap, if any; and
  • even if one or more limited remedies fail of their respective essential purposes.
• Except as expressly stated otherwise in these terms: The cumulative total liability of both you and the operator, for any and all breaches of these Terms of Service, is not to exceed one thousand US Dollars ($1,000.00 USD) OR the amount paid by you to the operator as fees for the use of the Services, whichever is smaller.
• Both you and the operator expressly agree not to seek damages in excess of any applicable limitation of liability stated in these Terms of Service.
• Both you and the operator acknowledge that some jurisdictions might not permit limitation or exclusion of remedies under some circumstances, in which case some or all of the limitations of liability stated in this section might not apply; this sentence, though, is not to be taken as a concession that any particular limitation or exclusion should not apply.

15. Termination

• Either you or the operator may end this agreement at any time. When this agreement ends, your permission to use the Services also ends.
• If you violate any provision of this agreement for any reason, this agreement will automatically terminate and you must cease and desist from any further use of the Services.
• Any provisions of this agreement that by their nature should survive the termination of this agreement will survive the termination of this agreement.

16. Disputes

• The law of Delaware will govern these terms and all legal proceedings related to these terms or your use of the Services.
• We both agree that all disputes related to the Services under these terms, including whether such disputes are arbitrable, will be heard by arbitration. The arbitration will be in English, heard by one arbitrator, and conducted by JAMS.
• The arbitration will be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures, and in accordance with the Expedited Procedures in those rules, except as modified by these terms. The JAMS rules are available at jamsadr.com.
• The arbitrator’s judgment will be final and enforceable in any court of competent jurisdiction.
• The seat of the arbitration will be Delaware, but the arbitration will be conducted remotely to the extent permitted by the arbitration rules in effect.
• We both agree to maintain the confidential nature of any arbitration proceeding and any award, except as may be necessary to prepare for or conduct any arbitration hearing.
• As a limited exception to the requirement for arbitration, both sides retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
• If, for any reason, a dispute is heard in a court of law, both sides agree to bring any proceedings related to this agreement (other than the enforcement of a judgment) only in courts of competent jurisdiction in Delaware.
• Neither you nor the operator will object to jurisdiction, forum, or venue in those courts.
• Both sides waive their rights to trial by jury, and agree to bring any legal claims related to this agreement as individuals, not as part of a class action or other representative proceeding.

17. General terms

• If a section of these terms is unenforceable as written, but could be changed to make it enforceable, that section should be changed to the minimum extent necessary to make it enforceable. Otherwise, that section should be removed, and the others should be enforced as written.
• You may not assign this agreement. The operator may assign this agreement to any affiliate of the operator, any other company that obtains control of the operator, or any other company that buys assets of the operator related to the Services. Any attempt to assign against these terms has no legal effect.
• Neither the exercise of any right under this agreement, nor waiver of any breach of this agreement, waives any other breach of this agreement.
• These terms, plus the terms on any Services incorporating them by reference, are all the terms of agreement between you and the operator about use of the Services. This agreement entirely replaces any other agreements about your use of the Services, written or not.

18. Contact

• You may notify the operator under these terms, and send questions to the operator, at [email protected].
• The operator may notify you under these terms using the e-mail address you provide for your account on the Services, or by posting a message to the homepage of the Services or your account page.

19. Changes

• The operator may update the terms of service for the Services. The operator will post all updates to the Services. The operator may also announce updates with special messages or alerts on the Services.
• Once you get notice of an update to these terms, you must agree to the new terms in order to keep using the Services.