Migration Terms
Last Updated: December 23, 2025
TOKEN MIGRATION TERMS AND CONDITIONS
These Token Migration Terms and Conditions (the “Terms”) sets out the terms and conditions by which you may swap Kodiak Finance protocol (the “Protocol”) pre-token generation event reward tokens called xKDK (“Old xKDK”) for a new digital token called xKDK (“New xKDK”), which is the escrowed version of the Protocol’s native token called KDK (“KDK”). By checking the box and signing the message with your wallet, you agree to these Terms at https://app.kodiak.finance/#/claim?chain=berachain_mainnet (the “Site”), accessing or using the user interface available at the Site made available by KDK Protocol Labs S.A. (“we”, “us” or “our”) or interacting with the smart contract deployed by us for the purposes of facilitating the migration of Old xKDK for New xKDK (the “Smart Contract”), you signify on your behalf and any person or entity that you represent that you have read, understood, and agree to be bound by these Terms. We reserve the right to make unilateral modifications to these Terms and will provide notice of these changes as described below. These Terms applies to all visitors, users, and others who access the Site or the Smart Contract (“you” and “your”).
If you have any questions regarding these Terms, please contact us by email at [email protected].
Eligibility.
You represent, warrant, acknowledge and agree that:
Only users holding Old xKDK are eligible to claim an amount of New xKDK equal to the number of Old xKDK transferred to the Smart Contract on a 1:1 conversion ratio (the "Migration Amount"), subject to these Terms. We have determined those users who are eligible to receive a Migration Amount ("Eligible Users") as well as the amount of such Migration Amount. You agree that our determination of who is an Eligible User to receive a Migration Amount is conclusive;
the New xKDK representing the Migration Amount will be distributed to Eligible Users by accessing or using the user interface available at the Site or interacting with the Smart Contract, subject to the Terms;
the Migration Amounts are offered only to Eligible Users that are not a Restricted Person or Sanctioned Person or acting on behalf or under the authority, instruction or employment of a Restricted Person or Sanctioned Person. For purposes of the Terms: (i) a “Restricted Person” is a person or entity resident in, a citizen of, located in, incorporated, formed or organized in or have a registered office in Iran, Cuba, North Korea, Syria, Myanmar (Burma), the regions of Crimea, Donetsk or Luhansk or any other country, region, territory or jurisdiction which has been sanctioned or embargoed by the United States, the United Kingdom or the European Union, the United Nations, North Atlantic Treaty Organisation,
Organisation for Economic Cooperation and Development, Financial Action Task Force, or any other applicable governmental authority; and (ii) a “Sanctioned Person” is a person or entity subject to sanctions administered or enforced by any applicable governmental authority or otherwise designated on any list of prohibited or restricted parties by any applicable Governmental Authority, including without limitation the Office of Foreign Assets Control of the United States Department of the Treasury (“OFAC”). If you are a Restricted Person or Sanctioned Person or acting on behalf or under the authority, instruction or employment of a Restricted Person or Sanctioned Person, you are not an Eligible User and may not participate in the matters described in these Terms.
you have the right, authority and capacity to enter into these Terms on behalf of yourself and the person or entity that you represent (if applicable);
you are not prohibited from entering or using this Site or transacting with the Smart Contract under any and all applicable (i) laws, constitutions, treaties, statutes, codes, ordinances, principles of common and civil law and equity, orders, decrees, rules, regulations and municipal by-laws, whether domestic, foreign or international; (ii) judicial, arbitral, administrative, ministerial, departmental and regulatory judgments, orders, writs, injunctions, decisions, rulings, decrees and awards of any: (A) multinational or supranational body or organization, nation, government, state, province, country, territory, municipality, quasi-government, administrative, judicial or regulatory authority, agency, board, body, bureau, commission, instrumentality, court or tribunal or any political subdivision thereof, or any central bank (or similar monetary or regulatory authority) thereof, any taxing authority, any ministry or department or agency of any of the foregoing; (B) self-regulatory organization or stock exchange; (C) entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government; and (D) corporation or other entity owned or controlled, through stock or capital ownership or otherwise, by any of such entities or other bodies pursuant to the foregoing (collectively, “Governmental Authority”); and(iii) policies, practices and guidelines of, or contracts with, any Governmental Authority, which, although not actually having the force of law, are considered by such Governmental Authority as requiring compliance as if having the force of law, as the same may be amended from time to time and any successor thereto and in each case binding on or affecting the person or entity, or the assets of the person or entity, referred to in the context in which such word is used (collectively, “Applicable Laws”);
you understand the risks associated with using our Site and the Smart Contract;
these Terms shall not be construed as an invitation to the public to subscribe for any securities, and you understand and acknowledge that no actions of, or documentation issued by, the Company shall be construed as such; and
we are not registered with or licensed by any financial regulatory or securities authority in Panama or elsewhere. Accordingly, no Panama or other financial regulatory or securities authority has passed upon the contents of these Terms or the merits of receiving the Migration Amount, nor have these Terms been filed with, or reviewed by, any Panama or other financial regulatory or securities authority.
User Responsibilities
You are responsible for implementing reasonable measures for securing the wallet, vault, or other storage mechanism (“Wallet”) you use to transfer Old xKDK to the Smart Contract and to receive and hold the Migration Amount, including any requisite private keys or other credentials necessary to access such Wallet. You acknowledge that we are not responsible for transferring, safeguarding, or maintaining your private keys or any assets associated with your Wallet, including without limitation the Migration Amount. If you lose, mishandle or have stolen your Wallet private keys, you acknowledge that you may not be able to recover associated assets (including without limitation the Migration Amount) and that we are not responsible for such loss. You will implement reasonable and appropriate measures designed to secure access to (i) any device connected with the email address associated with your Wallet, (ii) private keys required to access your Wallet and/or the Migration Amount, and (iii) your username, password, and any other login or identifying credentials.
The Smart Contract is accessible directly through compatible third-party wallet software and services (“Third Party Services”). Interacting with the Smart Contract does not require use of the Site or the user interface on such Site; the Site merely provides a convenient and user-friendly method of reading and displaying data from the Smart Contract and generating standard transaction messages compatible with the Smart Contract. The Site does not interact with the Smart Contract and does not conduct any transaction on your behalf. Because the Site does not provide compatible wallet software, such Third Party Services constitute an essential third party or user dependency without which the transactions to receive the Migration Amount cannot be exercised. There is no guarantee of the continued operation, maintenance, availability, or security of any of such Third Party Services. You expressly relieve the Company Parties (as defined below) from any and all liability arising from your use of such Third Party Services and agree the Company Parties shall not be responsible for any loss or damage of any sort arising from or related to such Third Party Services.
You will provide to us, or to our nominee, immediately upon our request, information that we, in our sole discretion, deem to be required to maintain compliance with any Applicable Laws and we, or our nominee, may keep a copy of such information for our records. Such information will be used by us, or our nominee, to confirm compliance with such federal, state, local, domestic or foreign laws, regulations, and policies before any delivery of the Migration Amount to you.
Delivery of Migration Amount
You agree to transfer all of your Old xKDK to the Smart Contract in exchange for delivery of the Migration Amount to your Wallet. You agree that you will be responsible for all transaction fees or gas fees payable in connection with interacting with the Smart Contract, transfer of your Old xKDK and/or receipt of the Migration Amount. You understand and agree that delivery of the Migration Amount will be made only to the Wallet used to transfer your Old xKDK to the Smart Contract. We reserve the right, in our sole discretion, to prescribe additional conditions relating to specific Wallet requirements for the delivery of the Migration Amount.
Without limiting the grounds upon which we may refuse to deliver the Migration Amount, if the delivery of the Migration Amount becomes impossible or a violation of any Applicable Laws, or if we suspect such, then, in addition to any other remedies available to us we will not be required to deliver any Migration Amount to you or any other person or entity acting on your behalf we reserve the right to take any actions considered necessary or desirable for us to meet our legal and regulatory obligations.
By providing access to the Smart Contract for transfer of your Old xKDK and distribution of the Migration Amount, we are solely providing a technical service to you. We are not distributing or selling any digital assets to you or a party to any arrangement for sale or investment in respect of any digital assets, nor are we acting as an exchange, broker, trustee, custodian, bailee, manager or administrator in respect of any digital assets. No form of partnership, joint venture, agency or any similar relationship between you and us and/or other individuals or entities involved with the deployment or operation of the Smart Contract is created hereunder.
The Smart Contract and all related facts and circumstances relating to the distribution of the Migration Amount have not been reviewed, approved, endorsed or registered with any Governmental Authority. We and the developers or creators of the Smart Contract are not licensed by any regulator or other authority to provide any legal, financial, accounting, investment or other advice or services. You are advised to seek your own advice in this regard before interacting with the Smart Contract.
Taxes
You are responsible for determining what, if any, taxes apply to your receipt of the Migration Amount, including, for example, sales, use, value added, and similar taxes. It is also your responsibility to withhold, collect, report, and remit the correct taxes to the appropriate tax authorities. We are not responsible for withholding, collecting, reporting, or remitting any sales, use, value added, or other tax arising from your receipt of the Migration Amount. You agree not to hold us or any of the Company Parties liable for any tax liability associated with or arising from the ownership, use, or liquidation of the Migration Amount, or any other action or transaction related to the Migration Amount.
Representations and Warranties
You represent, warrant, and covenant that:
you are an Eligible Person and not a Restricted Person;
you have sufficient understanding of cryptographic tokens, token storage mechanisms (such as digital wallets), and blockchain technology to understand these Terms and to appreciate the risks and implications of interacting with the Site and Smart Contract and receiving the Migration Amount;
you have read and understand these Terms and are agreeing to these Terms voluntarily and based on your own independent judgment and on advice from independent advisors as you have considered to be necessary or appropriate, after due inquiry;
your receipt of the Migration Amount complies with Applicable Laws, including but not limited to (i) legal capacity and any other threshold or eligibility requirements in your jurisdiction for receipt of the Migration Amount and entering into legally binding contracts with us, (ii) any foreign exchange or regulatory restrictions applicable to the Migration Amount, and (iii) any governmental or other consents that may need to be obtained;
you are legally permitted to receive, hold and use the Migration Amount;
you will comply with applicable tax obligations, if any, in your jurisdiction arising from your receipt of the Migration Amount;
you are not receiving the Migration Amount from countries or regions comprehensively sanctioned by any applicable sanctions laws such as OFAC (including countries such as Iran, North Korea, Sudan, and Syria), or on behalf of the governments of these countries or regions, nor will you conduct or facilitate any transactions with persons or entities located in these countries or regions; and
you waive the right to participate in a class action lawsuit or a class wide arbitration against any entity or individual involved with the delivery of the Migration Amount.
Indemnification
To the fullest extent permitted by Applicable Laws, you will indemnify, defend, and hold harmless us and our past, present and future predecessors in interest, successors in interest, successors, predecessors, acquirors, parent companies, subsidiaries and affiliates, and each of our and their respective past, present, and future employees, officers, directors, managers, contractors, consultants, equity holders, suppliers, vendors, service providers, agents, representatives, predecessors, successors, acquirors, heirs, executors, administrators, fiduciaries, trustees, conservators and assigns (collectively, the "Company Parties"), on demand from and against all claims, demands, actions, damages, losses, costs, and expenses (including legal fees, court costs, investigative costs, amounts paid in settlement, and other costs and expenses) that arise from or relate to: (i) your transfer of your Old xKDK, (ii) your receipt of the Migration Amount, (iii) your violation of these Terms, or (iv) your violation of any rights of any other person or entity.
The rights of the Company Parties under Section 6(a) are in addition to, and not in lieu of, (i) any other indemnities set forth in any other written agreement between you and us, and (ii) any other remedies that may be available to us under Applicable Laws or in equity.
We reserve the right to exercise sole control over the defence, at your cost and expense, of any claim subject to indemnification under this Section 6.
No Warranty
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE SITE AND SMART CONTRACT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND WE EXPRESSLY DISCLAIM ALL SUCH WARRANTIES INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM A COMPANY PARTY OR THROUGH THE SITE OR THE SMART CONTRACT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES DO NOT WARRANT THAT THE SITE OR THE SMART CONTRACT WILL MEET YOUR REQUIREMENTS; THAT THE SITE AND THE SMART CONTRACT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE AND THE SMART CONTRACT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SMART CONTRACT IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SITE OR THE SMART CONTRACT.
YOU UNDERSTAND THAT BLOCKCHAIN TECHNOLOGY, THE SMART CONTRACT, AND OTHER CRYPTOCURRENCY ARE NEW AND UNTESTED TECHNOLOGIES OUTSIDE OF OUR CONTROL AND, THEREFORE, ADVERSE CHANGES IN MARKET FORCES, LAW, OR TECHNOLOGY WILL EXCUSE OUR PERFORMANCE UNDER THESE TERMS.
TRANSACTIONS USING BLOCKCHAIN TECHNOLOGY, SUCH AS THOSE INVOLVING THE SMART CONTRACT, ARE AT RISK TO MULTIPLE POTENTIAL FAILURES, INCLUDING HIGH VOLUME ON THE PROTOCOL, COMPUTER FAILURE, PROTOCOL FAILURE OF ANY KIND, USER FAILURE, TOKEN THEFT, HACKING OF THE SMART CONTRACT, AND TELECOMMUNICATIONS OR INTERNET FAILURE OR DISRUPTION. WE ARE NOT RESPONSIBLE FOR ANY LOSS OF DATA, TOKENS (INCLUDING WITHOUT LIMITATION OLD XKDK), MIGRATION AMOUNT OR OTHER CRYPTOCURRENCY, HARDWARE, OR SOFTWARE RESULTING FROM ANY TYPES OF FAILURES, THEFT OR HACK.
Limitation of Liability
You agree that to the maximum extent permitted by Applicable Laws, in no event shall any Company Party be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to these Terms, the Site, the Smart Contract or the Migration Amount or the use of, or inability to use, the Site or the Smart Contract. Under no circumstances will any Company Party be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Site, the Smart Contract and other information contained therein. To the maximum extent permitted by Applicable Laws, the Company Parties assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to, interaction with or use of our Site or the Smart Contract; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site or the Smart Contract; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Site or the Smart Contract by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site or the Smart Contract; and/or (vii) the defamatory, offensive, or illegal conduct of any third party. You agree that if, notwithstanding the other provisions of these Terms, a Company Party is found to be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs, such Company Party’s liability shall in no event exceed US$100.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by Applicable Laws.
Limitations as Allowed by Law
Some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. The Terms gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the Terms will not apply to the extent prohibited by Applicable Laws.
Release
To the fullest extent permitted by Applicable Laws, you release the Company Parties from any and all past, present, or future claims, actions, causes of action, class actions, costs, demands, obligations, expenses, injuries, judgments, losses, suits, damages, fees, interest, expenses, compensation, class actions, or causes of action for declaratory or injunctive relief, restitution, compensatory, general, special, statutory, or punitive damages of any kind or nature whatsoever, whether known or unknown, foreseen or unforeseen, liquidated or unliquidated, anticipated or unanticipated, suspected or unsuspected, past, present, or future, direct or indirect, contingent or absolute, whether individual, collective, or representative, and whether based on tort, contract, or other theories of recovery, including, without limitation, legal fees and other costs of defense arising out of, or in any way related to (i) any act or omission of the Company Parties in connection with the development, operation or management of the Site, Smart Contract or Migration Amount process, (ii) your access to, interaction with or use of the Site or the Smart Contract, (iii) your transfer of your Old xKDK to the Smart Contract, and/or (iv) your receipt of the Migration Amount (each a "Claim" and collectively "Claims"), notwithstanding that any such Claim may have been contributed to or occasions by the negligence of any of the Company Parties.
Governing Law and Jurisdiction
These Terms are entered into in Panama and shall be governed by, and construed in accordance with, the laws of Panama. You agree that we may initiate a proceeding related to the enforcement or validity of our intellectual property rights in any court having jurisdiction. For any other proceeding that is not subject to arbitration under these Terms, the courts located in Panama will have exclusive jurisdiction. You waive any objection to venue in any such courts.
Dispute Resolution and Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS HOW YOU CAN SEEK RELIEF FROM US. ALSO, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.
You and we agree that subject to Section 11 above, any Claim is personal to you and us and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.
Except for disputes in which you or we seek injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and we waive all rights to a jury trial and to have any Claim resolved in court. Instead, for any Claim you agree to first contact us and attempt to resolve the Claim informally by sending a written notice of your Claim (“Notice”) to us by email at [email protected]. The Notice must: (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and we cannot reach an agreement to resolve the Claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by the Centro de Conciliación y Arbitraje de PanamáCentre (“CeCAP”) before one arbitrator (the "Arbitrator"). The place of arbitration shall be Panama unless you and we agree otherwise and shall be conducted under CeCAP's Arbitration Regulation (the "CeCAP Rules"). The language to be used in the arbitral proceedings shall be English. The most recent version of the CeCAP Rules is available on the CeCAP website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the CeCAP Rules or waive your opportunity to read the CeCAP Rules and waive any claim that the CeCAP Rules are unfair or should not apply for any reason.
The Arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The Arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s Claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The Arbitrator, we and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The Arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and we agree that for any arbitration you or we initiate, you will pay the filing fee and all other CeCAP fees and costs. You and we agree that the courts of Panama have exclusive jurisdiction over the enforcement of an arbitration award.
You further agree as follows: (i) any Claim brought by you must be filed within one year after your receipt of the Migration Amount; otherwise, the Claim is permanently barred, which means that you will not have the right to assert the Claim; (ii) no recovery by you may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and legal fees; and (iii) any Claim must be brought by you individually and not consolidated as part of a group or class action complaint.
If any portion of this Section 12 is found to be unenforceable or unlawful for any reason: (i) the unenforceable or unlawful provision shall be severed from the Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 12 or the parties’ ability to compel arbitration of any remaining Claims on an individual basis under this Section 12; and (iii) to the extent that any Claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 12 is found to prohibit an individual claim seeking injunctive relief, then that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 12 will be enforceable.
Severability
If a court of competent jurisdiction holds any provision of these Terms to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. You and we intend that any invalid or unenforceable provisions will be interpreted to give effect the intent of the original provisions. If such construction is not possible, the invalid or unenforceable provision will be severed from these Terms, but the rest of these Terms will remain in full force and effect.
Modification to these Terms
We reserve the right, in our sole discretion, to modify the Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by providing notice through the Site or updating the “Last Updated” date at the top of the Terms. You waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of any changes. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms by your receipt of the Migration Amount, whether such changes occurred before or after your receipt of the Migration Amount.
Force Majeure The Company Parties will have no responsibility or liability for any failure or delay in performance any obligation under these Terms or any loss or damage that you may incur, due to any circumstance or event beyond our control, including any (a) flood, extraordinary weather conditions, earthquake, or other act of God, (b) fire, (c) war, (d) insurrection, (e) riot, (f) labour dispute, (g) accident, (h) epidemic or pandemic, (i) action of government, (j) new laws or regulations or change in existing laws or regulations or the interpretation or enforcement of any of the foregoing, (k) communications, (l) power failure, (m) equipment or software unavailability, disruption or malfunction, (n) hacking or other attack on the Site or the Smart Contract, (o) the unavailability, disruption or malfunction of any network or blockchains or (p) the unavailability, disruption or malfunction of the Internet.
Collection of Information
You acknowledge and agree that we will collect and store your Wallet address, IP address, and information regarding activity on the Site. The purpose of this data collection is to enable us to track your agreement to these Terms and to enforce the Terms if necessary. We do not intend to sell, share, transfer, or commercialize this information or use it in any automated decision-making process. You hereby authorize us to collect and store the your Wallet, IP address, and activity on the Site for the purposes above, which include enforcing the Term.
Miscellaneous
You agree that we and you are independent contractors, and neither Party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
You acknowledge and agree that the Company Parties other than the Parties are third party beneficiaries of these Terms and that your the obligations under these Terms are expressly intended to benefit all of the Company Parties despite not being signatories to these Terms.
In connection with these Terms, you will comply with all applicable import, re-import, export, and re-export control and laws, regulations, guidance and programs, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country or individual-specific economic sanctions programs implemented by OFAC or any equivalent applicable regimes. You are solely responsible for legal compliance related to your acquisition, use, exchange, and transfer of the Migration Amount.
All communications and notices to be made or given pursuant to these Terms must be in the English language.
You will not assign these Terms, or delegate or sublicense any of your rights under these Terms, without our prior written consent. Any assignment or transfer in violation of this Section 16(e) will be void. We may assign these Terms or any of its provisions without your consent. Subject to the foregoing, these Terms will be binding upon, and enure to the benefit of, the parties and their respective successors and permitted assigns.
The failure by us to enforce any provision of these Terms will not constitute a present or future waiver of such provision, and will not limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
These Terms (including the web links and other agreements and instruments referred to in these Terms) constitute the entire agreement among the parties and supersede all prior agreements and understandings, both written and oral, among the parties with respect to the subject matter hereof and thereof.
You confirm to have carefully reviewed these Terms and fully understand all the risks set out herein.
You agree that upon termination or expiry of these Terms or completion of the transactions contemplated herein, you shall continue to be bound by these Terms and such obligations survive such termination or expiry.
Unless advised in writing of a different name and address, all notices, submissions and communications of any kind required or otherwise made under the Terms shall be sent (as required), and you and we each agree to accept service of any process for claims arising out of or related to the Terms via the following methods:
If to you, via a message sent to your Wallet; and
If to the Company Parties, to the following email address: [email protected].
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