10 July 2024

These Terms of Service (these "Terms") describe the terms and conditions by which you may access and/or use the mobile application and software platform (the "App"), provided by Fedi, Inc. (including its successors and assigns, "Fedi" "we," "our," or "us"). By using the App or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and you signify that you have read, understood, and agree to be bound by these Terms, and you acknowledge that you have read and understood our Privacy Notice. If you do not want to agree to these Terms, you must not access or use the App. These Terms apply to all visitors and users of the App, and to all others who access the App (as applicable to you, "you" or "your").

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.

FEDI DOES NOT CREATE, MANAGE OR OWN ANY FEDERATION THAT HAS BEEN OR WILL BE CREATED FOR PUBLIC USE. FEDI DOES NOT HAVE ANY CONTROL OVER ANY SUCH FEDERATION, OR HOW SUCH FEDERATION AND/OR ITS FEDERATION SERVICES ARE ADMINISTERED. 

THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 17.2 (THE "ARBITRATION AGREEMENT") AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 17.3 (THE "CLASS ACTION/JURY TRIAL WAIVER") THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN THE ARBITRATION AGREEMENT, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (AS DEFINED BELOW), YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.

WE MAY MODIFY THESE TERMS AT ANY TIME AND AT OUR SOLE DISCRETION.  IF WE MAKE MATERIAL CHANGES TO THE TERMS, WE WILL NOTIFY YOU BY POSTING THE UPDATED TERMS IN THE APP. YOU SHOULD CHECK THE TERMS REGULARLY. 

1. Changes to the Terms

This is a contract between you and Fedi. You must read and agree to these Terms before using the App. If you do not agree, you may not use the App. You may use the App only if you can form a legally binding contract with us, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations ("Applicable Law"). Without limiting the generality of the foregoing, any access to, or use of, the App by anyone who is under the age of 18 is strictly prohibited and in violation of these Terms, unless we provide you with prior written approval.

We may revise and update these Terms 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 App thereafter. However, any changes to the dispute resolution provisions set forth in Section 17 will not apply to any disputes for which the applicable parties have actual notice on or prior to the date the change is posted on the App. Your continued use of the App following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

2. Accessing the App

We reserve the right to withdraw or amend the App, and any service or material we provide on the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App, to users, including registered users. We may update the content on the App from time to time, but its content or features are not necessarily complete or up to date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.

You are responsible for: (a) making all arrangements necessary for you to have access to the App; and (b) ensuring that all persons who access the App through your internet connection are aware of these Terms and comply with them.

To access the App 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 App that all the information you provide on the App is correct, current, and complete. You agree that all information you provide to register with the App or otherwise, including but not limited to through the use of any interactive features on the App, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information in accordance with that notice.

You must treat any and all security information (such as seed phrases, PINs, passwords, etc.) as confidential. If you disclose any such information to others, you do so at your own risk and responsibility. You acknowledge that your account is personal to you and agree to be responsible for all activities conducted through your account, whether by you or by others to whom you have provided your credentials. You agree to notify us immediately of any unauthorized access or any other breach of security. Use caution when accessing your account from a public or shared device to prevent others from viewing or recording your security information or other personal information.

We have the right to disable your use of the App 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.

3. No Money Transmission; Disclaimer

FEDI DOES NOT OWN OR CONTROL OR HAVE ANY RIGHTS TO ANY FUNDS, DIGITAL ASSETS, OR OTHER VALUE, AND FEDI HAS NO ROLE IN ANY TRANSFER OF ANY FUNDS, DIGITAL ASSETS, OR OTHER VALUE THAT SUBSTITUTES FOR CURRENCY TO ANOTHER LOCATION OR PERSON BY ANY MEANS.

ANY USE OF THE APP INCLUDING ITS OFFERINGS, FEATURES, AND SERVICES DOES NOT CONSTITUTE MONEY TRANSMISSION SERVICES OR ANY FORM OF PAYMENT SERVICES AS DEFINED UNDER APPLICABLE LAWS AND REGULATIONS. THE APP DOES NOT ENGAGE IN OR OFFER SERVICES INVOLVING THE TRANSFER, TRANSMISSION, OR PAYMENT OF MONEY, CURRENCY, OR ANY OTHER MONETARY VALUE BETWEEN USERS AND US. 

SHARED COMMUNITY WALLETS (“FEDERATIONS”) MAY BE CREATED AND ADMINISTERED BY THIRD-PARTIES. ANY FINANCIAL TRANSACTIONS OR TRANSFERS FACILITATED THROUGH A FEDERATION(S) AND/OR OTHER THIRD-PARTY SERVICE PROVIDER(S) INTEGRATED WITH THE APP ARE SUBJECT TO THE TERMS AND CONDITIONS OF THOSE FEDERATION(S) AND/OR THIRD-PARTY PROVIDER(S), AND THE APP DISCLAIMS ANY LIABILITY RELATED TO SUCH TRANSACTIONS.

4. Intellectual Property Rights

   1. The App and its entire contents, features and functionality (including all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Fedi, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the App, except as follows:

• Your device may temporarily store copies of such materials incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the App for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the applicable agreement for such applications.

2. You must not: (a) modify copies of any materials from this site; (b) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or (d) You must not access or use for any commercial purposes any part of the App or any services or materials available through the App.

If you wish to request any use of the material on the App other than as set out in this Terms, please address such request to: support@fedi.xyz.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App in breach of these Terms, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by Fedi. Any use of the App not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

3. We may collect, or you may provide to us, diagnostic, technical, usage, and/or related information, including information about your computers, mobile devices, systems, and software (collectively, "Usage Data"). All Usage Data is and will be owned solely and exclusively by us, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to us all rights (including intellectual property rights), title, and interest in and to the same. Accordingly, we may use, maintain, and/or process the Usage Data or any portion thereof for any lawful purpose, including, without limitation: (a) to provide and maintain the App; (b) to improve our products and services (including the App), and to develop new products, services, and/or features; (c) to monitor your usage of the App; (d) for research and analytics, including, without limitation, data analysis, identifying usage trends, and/or customer research; and (e) to share analytics and other derived Usage Data with third parties, solely in de-identified or aggregated form. The App may contain technological measures designed to prevent unauthorized or illegal use of the App; you understand and acknowledge that we may use these and other lawful measures to verify your compliance with these Terms and to enforce our rights, including intellectual property rights, in and to the App.

4. The Fedi name, the Fedi logo and all related names, logos, product and service names, designs and slogans belong to Fedi and may be trademarks of Fedi or its licensors. You must not use such marks without the prior written permission of Fedi. All other names, logos, product and service names, designs and slogans on the App are the trademarks of their respective owners.

5. Prohibited Uses

   1. You may use the App only for lawful purposes and in accordance with these Terms. You agree not to use the App:

• In any way that violates any applicable federal, state, local or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries).

• For 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 which does not comply with these Terms.

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

• To impersonate or attempt to impersonate Fedi, a Fedi employee, another user or any other person or entity (including by using e-mail addresses associated with any of the foregoing).

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

2. Additionally, you agree not to:

• Use the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the App, including their ability to engage in real time activities through the App.

• Use any robot, spider or other automatic device, process or means to access the App for any purpose, including monitoring or copying any of the material on the App.

• Use any manual process to monitor or copy any of the material on the App or for any other unauthorized purpose without our prior written consent.

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

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

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

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

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

6. User Contributions

   1. The App may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow App users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, "User Contributions") on or through the App. All User Contributions must comply with these Terms.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a worldwide and irrevocable right and license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

2. You represent and warrant that: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; (b) all of your User Contributions do and will comply with these Terms; and (c) your User Contributions must not: (1) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (2) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (3) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (4) 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 regulations or that otherwise may be in conflict with these Terms and our Privacy Notice; (5) be likely to deceive any person; (6) promote any illegal activity, or advocate, promote or assist any unlawful act; (7) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (8) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (9) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or (10) give the impression that they emanate from or are endorsed by us or any other person or entity.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Fedi, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the App.

7. DMCA Notice

We respect content owner rights, and it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the App, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide all the following information in writing:

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

• Identification of the copyrighted work that you claim has been infringed;

• Identification of the material that is claimed to be infringing and where it is located on the App;

• Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

• A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to our DMCA Agent using the following contact information:

Attention: Fedi, Inc.
2028 East Ben White Boulevard
Suite 240, PMB 2112
Austin, Texas 78741

Email: copyright@fedi.xyz

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

Please note that this procedure is exclusively for notifying Fedi and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Fedi's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other Applicable Laws.

Please note that the preceding requirements do not constitute legal advice. In accordance with the DMCA and other Applicable Law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the App and/or terminate accounts of any users who infringe any intellectual property rights of others.

8. Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason at our sole discretion.

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including Section 9, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public or could create liability for Fedi.

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

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

We cannot review all material before it is posted on the App and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section 8.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order. YOU WAIVE AND HOLD HARMLESS FEDI AND ITS LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

9. Reliance on Information Posted

The information presented on or through the App 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 App, or by anyone who may be informed of any of its contents.

The App may include content provided by third parties, including materials provided by other users, bloggers 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 Fedi, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Fedi. 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.

10. Information About You and Your Visits to the App

All information we collect on the App is subject to our Privacy Notice. By using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

11. Linking to the App and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. 

The App may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the App.

• Send e-mails or other communications with certain content, or links to certain content, on the App.

• Cause limited portions of content on the App to be displayed or appear to be displayed on your own or certain third-party websites.

• You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.

• Cause the App or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

• Link to any part of the App other than the homepage.

• Otherwise take any action with respect to the materials on the App that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion.

12. Links from the App

THE APP MAY CONTAIN LINKS TO THIRD-PARTY SITES, FEDERATIONS, MATERIALS AND SERVICES ("THIRD-PARTY SERVICES") THAT ARE NOT OWNED OR CONTROLLED BY US, AND CERTAIN FUNCTIONALITY OF THE APP MAY REQUIRE YOUR USE OF THIRD-PARTY SERVICES. IF YOU USE A THIRD-PARTY SERVICE, YOU ARE SUBJECT TO AND AGREE TO THE THIRD PARTY'S TERMS AND CONDITIONS AND PRIVACY POLICY MADE AVAILABLE ON OR AGREED IN CONNECTION WITH THEIR SERVICES. WE DO NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD-PARTY SERVICES. IF YOU ACCESS A THIRD-PARTY SERVICE FROM THE APP OR SHARE CONTENT ON OR THROUGH ANY THIRD-PARTY SERVICE, YOU DO SO AT YOUR OWN RISK, AND YOU UNDERSTAND THAT THESE TERMS AND OUR PRIVACY POLICY DO NOT APPLY TO YOUR USE OF SUCH THIRD-PARTY SERVICES. YOU EXPRESSLY RELIEVE US FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY SERVICE, INCLUDING CONTENT SUBMITTED BY OTHER USERS. ADDITIONALLY, YOUR DEALINGS WITH OR PARTICIPATION IN PROMOTIONS OF ADVERTISERS FOUND ON THE APP, INCLUDING PAYMENT AND DELIVERY OF GOODS, AND ANY OTHER TERMS (SUCH AS WARRANTIES) ARE SOLELY BETWEEN YOU AND SUCH ADVERTISERS. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH SUCH ADVERTISERS.

13. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your 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. 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 EQUIPMENT, DEVICE PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

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

FEDI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Assumption of Risk

By utilizing or interacting with the App in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you understand the usage and intricacies of crypto digital wallets, and the risks associated with using native cryptographic tokens, such as smart contract based-tokens as those that follow the SPL Token Standard on Solana, and other blockchain-based software systems.

By using the App, you understand that: (a) Fedi is not responsible for the operation of the underlying software and networks facilitating any transactions; (b) there exists no guarantee of functionality, security, or availability of the underlying software or networks; (c) the underlying protocols are subject to sudden changes in operating rules which may materially affect the App; (d) Fedi may decide, in its sole discretion, not to support (or cease supporting) the certain blockchain networks entirely; and (e) Fedi assumes absolutely no responsibility whatsoever in respect of any underlying software protocols. You hereby irrevocably waive, release, and discharge all claims, whether known or unknown to you, against us, our affiliates and their respective shareholders, members, directors, officers, employees, agents, and representatives related to any of the risks set forth in these Terms.

The App could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of Fedi to continue to develop, or which could impede or limit your ability to access or use the App, including access to your funds.

You further understand that the markets for digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Solana or others, are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets, or any digital assets you acquire, including through a third-party exchange accessed via the App may lose some or all their value and you may suffer loss due to the fluctuation of prices of tokens and/or significant price slippage and cost. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. You further acknowledge that we are not responsible for any of these variables or risks and that we cannot be held liable for any resulting losses that you experience while accessing or using the App.

You acknowledge and understand that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies and the App, which could result in the theft or loss of your cryptographic tokens or property. To the extent possible, it is intended to update the protocol underlying the App to account for any advances in cryptography and to incorporate additional security measures but does not guarantee or otherwise represent full security of the system. By using or accessing the App, you acknowledge these inherent risks.

You understand that blockchain technologies and associated currencies or tokens are highly volatile due to many factors including but not limited to adoption, speculation, technology, and security risks. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the relevant blockchain. You acknowledge these risks and represent that Fedi, or any related entity or person cannot be held liable for such fluctuations or increased costs.

Although the App is intended to provide accurate and timely information on the App and other tools making up the App, or relevant tools may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the App or relevant tools are your sole responsibility and Fedi shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by any entity. Fedi is not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the App or available via other relevant tools.

You acknowledge and agree that you alone are responsible for taking any and all actions needed to backup the App and/or to save and secure all security information (such as seed phrases, PINs, passwords, etc.).

15. Indemnification

You agree to defend, indemnify and hold harmless Fedi, its licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (collectively, the “Fedi Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees and court costs) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, any use of the App's content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the App.

16. Limitation on Liability

IN NO EVENT WILL ANY FEDI PARTIES 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 APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER APPS OR WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR SUCH OTHER APPS OR WEBSITES, 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Governing Law, Arbitration; Class Action/Jury Trial Waiver

    1. Governing Law. You agree that: (a) the App will be deemed solely based in the State of Delaware; and (b) the App will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Delaware. These Terms will be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law governing these Terms, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (as it may be amended, "FAA") governs the interpretation and enforcement of the Arbitration Agreement below and preempts all state laws (and laws of other jurisdictions) to the fullest extent permitted by Applicable Law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue will be resolved under and governed by the law of the U.S. state where you live (if applicable), or the jurisdiction mutually agreed upon in writing by you and us. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our data security, or intellectual property rights, as set forth in the Arbitration Agreement below, including any provisional relief required to prevent irreparable harm. You agree that Delaware is the proper and exclusive forum for any appeals of an arbitration award, or for trial court proceedings if the Arbitration Agreement below is found to be unenforceable. These Terms were drafted in the English language and this English language version of these Terms is the original, governing instrument of the understanding between you and us. In the event of any conflict between the English version of these Terms and any translation, the English version will prevail.

    2. Arbitration Agreement.

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

1. General. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, and enforceability thereof; (ii) access to or use of the App, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the App; or (iv) any other aspect of your relationship or transactions with us, directly or indirectly, as a User or consumer (each, a "Claim," and, collectively, "Claims"). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms.

2. Opting Out of Arbitration Agreement. If you are a new user, you can reject and opt out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at support@fedi.xyz with your full, legal name and stating your intent to opt out of this Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.

3. Dispute-Resolution Process. For any Claim, you will first contact us at support@fedi.xyz and attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by JAMS before a single arbitrator (the "Arbitrator"), under the Optional Expedited Arbitration Procedures then in effect for JAMS (the "Rules"), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. The arbitration will be conducted in the U.S. county where you live (if applicable) or Sussex County, Delaware, unless you and Fedi agree otherwise. If you are using the App for commercial purposes, each party will be responsible for paying any JAMS filing and administrative fees and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses. If you are an individual using the App for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys' fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and we agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or whether any provision of these Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.

4. Equitable Relief. Nothing in this Arbitration Agreement will be deemed as: preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, confidential information, or intellectual property rights; or preventing you from asserting claims in a small claims court, provided that your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-collective, and non-representative) basis.

5. Severability. If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties' ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.

3. Class Action/Jury Trial Waiver. BY ENTERING INTO THESE TERMS, YOU AND FEDI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER. THE FOREGOING APPLIES TO ALL USERS (BOTH NATURAL PERSONS AND ENTITIES), REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED THE APP FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S OR ENTITY'S CLAIMS. YOU AND FEDI AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS.
   
   

4. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

18. Additional Terms for Apps

    1. To use the App, you must have a mobile device that is compatible with the App. Fedi does not warrant that the App will be compatible with your mobile device. You may use mobile data in connection with the App and may incur additional charges from your wireless provider in connection with the App. You understand and acknowledge that you are solely responsible for any such charges. We hereby grant you a non-exclusive, limited, non-transferable, and freely revocable license to use a compiled code copy of the App under your account on one (1) or more mobile devices owned or controlled solely by you (except to the extent Apple or Google permits any shared access and/or use of the iOS App or Android App (as each of those terms is defined below), respectively), solely in accordance with these Terms. The foregoing license grant is not a sale of the App or of any copy thereof. You may not: (a) modify, disassemble, decompile, or reverse engineer the App, except to the extent that such restriction is expressly prohibited by Applicable Law; (b) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the App to any third party, or use the App to provide time sharing or similar services for any third party; (c) make any copies of the App; (d) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (e) delete the copyright or other proprietary rights notices on the App. You acknowledge that we may, from time to time, issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and you understand and acknowledge that these terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated into the App is covered by the applicable open source or third-party license, if any, authorizing use of such code. We or our third-party partners or suppliers retain all right, title, and interest in and to the App (and any copies thereof). Any attempt by you to transfer or delegate any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.

    2. This Section 18.2 (iOS App) applies to the App you acquire from the Apple App Store (such App, "iOS App"). You and Fedi understand and acknowledge that these Terms are solely between you and Fedi, not Apple, Inc. ("Apple"), and that Apple has no responsibility for the iOS App or content thereof. Your access to and use of the iOS App must comply with the usage rules set forth in Apple's then-current Apple Media Services Terms and Conditions and with the applicable Volume Content Terms. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the iOS App to you; to the maximum extent permitted by Applicable Law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed solely by these Terms and any law applicable to Fedi as provider of the iOS App. You and Fedi acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (a) product liability claims; (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third-party claim that the iOS App, or your possession and use of that iOS App, infringes that third party's intellectual property rights, Fedi, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by these Terms. You and Fedi acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as relates to your license of the iOS App, and that, upon your acceptance of these terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the iOS App against you as a third-party beneficiary thereof.

    3. The following applies to any App you acquire from the Google Play Store (such App, "Android App"): (a) you acknowledge that these Terms are between you and Fedi only, and not Google LLC or any affiliate thereof (collectively, "Google"); (b) your access to and use of the Android App must comply with Google's then-current Google Play Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Android App; (d) Fedi, and not Google, is solely responsible for the Android App; (e) Google has no obligation or liability to you with respect to the Android App or these Terms; and (f) you understand and acknowledge that Google is a third-party beneficiary to these Terms as they relate to the Android App.
       
       

19. Miscellaneous

    1. The word "including", or any variation thereof means "including, without limitation" and shall not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it.

    2. No waiver by Fedi of any term or condition set forth in these Terms 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 Fedi to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 these Terms will continue in full force and effect. 

    3. These Terms constitute the sole and entire agreement between you and Fedi with respect to the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the App.

    4. The App is operated by Fedi, Inc., 2028 East Ben White Boulevard, Suite 240, PMB 2112, Austin, Texas 78741. All other feedback, comments, requests for technical support and other communications relating to the App should be directed to: support@fedi.xyz.