Terms of Use

Last Updated: 30 April, 2024

Click to change this paragraph text. This is PLEASE NOTE THAT AS SET FORTH IN SECTION 9, THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS. WE ENCOURAGE YOU TO READ THE AGREEMENT THOROUGHLY.

“Fastex Wallet” is a creation of Fastex Europe UAB (“Fastex”, “we”, “us”, or “our”). As a participant in this field, Fastex focuses on leveraging decentralized technologies like Bahamut to drive a transformative shift in commerce and finance, while enhancing business operations. Fastex operates a primary domain website, https://www.fastex.com/ where information about Fastex and its products and services (referred to collectively as the “Offerings”), as well as sub-domains dedicated to specific products or services, are hosted. These domains collectively constitute the “Site” and encompass various content types such as text, images, audio, code, and third-party information.

These Terms of Use, along with their appendix (referred to as the “Terms”, “Terms of Use”, or “Agreement”), outline the conditions that govern how you access and utilize the Site and Offerings we provide. This Agreement is between us and either you personally or the entity you represent (“you” or “your”). We urge you to carefully review these Terms of Use before using the Site or our Offerings. By using the Site, agreeing to these Terms by clicking a button or checkbox where provided, accessing any of the Offerings by clicking a button, or by simply using or accessing the Offerings (referred to as the “Effective Date”), you (1) acknowledge and agree to these Terms, along with any rules and participation conditions issued by Fastex periodically, and (2) give consent to the collection, use, disclosure, and handling of information as outlined in our Privacy Policy. If you do not agree to these Terms or fulfill any obligations stated within, you are not authorized to access or use the Offerings.

You affirm that you have the legal capacity to enter into contracts. If you are representing an entity, such as your employer, you confirm that you have the necessary legal authority to bind that entity. Please take into consideration the below-mentioned definition while interpretation of the provisions of these Terms:

• “API” refers to application program interface;
• “API Requests” is defined as described in Section 4.3;
• “Content” refers to any information, including data, text, audio, video, images, software (such as machine images), and related documentation;
• “DAO” refers to Decentralized Autonomous Organization;
• “End User” refers to any person or organization that, either directly or indirectly via another user, does one of the following: accesses or uses your Content or uses the Offerings under your account in any other way;
• “Losses” include all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal and attorneys’ fees);
• “Offerings” refers to all of the goods and services as well as any additional features, supplies, or services that we or our affiliates may occasionally provide;
• “Suggestions” refers to any and all recommendations you give us about how to improve the service offerings;
• “Supported Digital Assets” refers specifically to the Digital Assets listed as accessible for interaction or self-custody within your Fastex Wallet. The availability of services and supported assets may differ depending on the jurisdiction;
• “Third-Party Content” refers to Content provided to you by a third party on the Site or in connection with the Offerings.
• “Your Content” refers to content that you or any End User upload to us for storage or hosting through the Offerings, including any results obtained from using the Offerings. This excludes any data submitted to a blockchain protocol for processing.

You also confirm to us that (1) you are not under any sanctions or listed on any prohibited or restricted party list, including those maintained by entities like the United Nations Security Council, the U.S. Government (such as the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of the Treasury, and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, the United Kingdom, or any other relevant government authority, and (2) you are not situated in a country under a comprehensive sanctions program imposed by the United States.

1. The Offerings

1.1. Generally

You are permitted to use the Offerings solely as outlined in this Agreement. You commit to following the terms of this Agreement and adhering to all relevant laws, regulations, and rules governing your use of the Offerings.

1.2. Offerings and Access

Fastex provides a variety of Offerings under our owned or affiliated brandsUnless otherwise specified in writing, offers are often accessed through the Site or a third-party supplier that we have approved, including the Google Play or Apple App stores.

1.3. Services and Content from Third-Party

In each case when you may use the informational content, products, or services of one or more third parties (“Third Party Content” and “Third Party Services” respectively), you agree that you view, access or use such content and services at your own election. While this Agreement governs your use of Third Party Content and Third Party Services associated with the Offerings, you should be aware that these services are also subject to separate terms and conditions set by the respective third-party content or service provider. These terms and conditions may include additional fees, disclaimers, or risk warnings regarding the accuracy of information. They may also have a different privacy policy than Fastex, which is incorporated into this Agreement. It is your responsibility to comprehend and abide by the terms and conditions of Third Party Services, including how your information is handled under their privacy policies.

Third Party Content and Third Party Services are included for your convenience. We do not verify or manage Third Party Content, nor do we control Third Party Services. Therefore, we do not guarantee, endorse, or advise the use of such content or services for any specific purpose to any or all users of the Offerings. Your access, reliance on, or use of any Third Party Content or Third Party Service is done at your own risk. Fastex is not responsible for any losses incurred due to your reliance on or use of such content or services. We disclaim any liability for Third Party Content that may be deemed by you or the law in your jurisdiction to be deceptive, inaccurate, full of errors, offensive, indecent, or otherwise objectionable. It is entirely up to you whether or not to use Third Party Services or rely on Third Party Content. You are also in charge of making sure that your use of Third Party Content complies with all relevant legal requirements. Any business dealings or communications you have with any third party that offers such services or content are private and confidential. We retain the right, at any time and without prior notice, to modify, suspend, delete, deactivate, or impose access restrictions or use limitations on any Third Party Service.

1.4. Support

You have the option to seek or receive technical or product assistance, information, advice, or guidance from us related to the Offerings, which may be provided through a third-party service provider, chat interface, or email. While we believe that all support offered by or on behalf of Fastex is reliable, we do not provide any express or implied representations or warranties regarding its accuracy, completeness, or the outcomes it may achieve. This support is offered solely for informational purposes, and by accepting it, you confirm that you possess sufficient skill and experience in choosing, using, and/or applying the Offerings, and that you use them at your own discretion and risk. Except in cases of gross negligence, you release us from liability for any harm that may arise from the support we provide. You acknowledge the possibility of malicious third parties impersonating our customer support efforts and agree that we are not accountable for their actions. Additionally, you understand that we do not offer support through SMS, WhatsApp, Telegram, WeChat, or Twitter DMs, and we will never request your private key, secret recovery phrase, or ask you to make a payment to us.

2. Changes

2.1. To the Offerings

From time to time, we have the right to modify, suspend, or eliminate any or all of the Offerings' functionality. If we decide to discontinue an Offering, we will make every attempt to notify you via the Site or other open means of contact.

2.2. To this Agreement

We have the authority, at our discretion, to change or substitute any portion of this Agreement or any Policies whenever necessary. It is your duty to periodically review this Agreement for updates, although we will also make reasonable efforts to notify you of significant changes through the Site, email (if you have an account), or public channels. By continuing to use or access the Offerings after any changes are posted to this Agreement, you agree to accept those changes, regardless of whether you actively checked for updates or actually read the modifications.

3. Your Responsibilities

3.1. The usage of the Offerings

For any Offerings, whether they necessitate setting up an account with Fastex or not, and except for cases resulting from our violation of this Agreement:

(a) You are accountable for all actions related to your use of the Offerings, whether authorized by you, undertaken by you or your employees, or carried out by third parties (including contractors, agents, or other End Users), and

(b) We and our affiliates are not liable for unauthorized access to the Offerings or your account, including access resulting from fraud, phishing, or other criminal activities perpetrated against you by third parties.

You will ensure that your usage of the Offerings complies with applicable laws.

3.2. Your Security Measures and Backup Protocols

You are entirely accountable for correctly setting up and utilizing the Offerings, as well as implementing suitable measures to secure, safeguard, and back up your accounts and/or Your Content in a manner that ensures adequate security and protection, such as utilizing encryption. If you are unable or unwilling to take responsibility for securing your account, then you should refrain from using the Offerings. Your responsibilities outlined in this Agreement involve promptly installing any available software updates or upgrades for the Offerings you utilize and securely managing any passwords or secret recovery phrases associated with your use of the Offerings. You understand that certain methods of storing your secret recovery phrase, such as digital file storage on personal devices or cloud platforms, increase the risk of compromise. You also acknowledge that you must not disclose any passwords or secret recovery phrases related to the Offerings to us or any third party, and we are not liable if you do so, whether intentionally or unintentionally. It is important to note that we are not responsible for any theft of a secret recovery phrase resulting from unauthorized access to your personal device or a cloud provider's data storage.

3.3. Log-In Credentials and API Authentication

If we furnish you with log-in credentials and API authentication generated by the Offerings, you agree to use them exclusively for your own purposes and not to sell, transfer, or sublicense them to any other individual or entity. However, you may share your password or private key with agents and subcontractors who are working on your behalf.

3.4. Applicability to Offerings enabling access to blockchain protocol addresses

To clarify, the conditions outlined in Section 3 apply to all services like Fastex Wallet that help you create a public/private key pair (similar to a blockchain account and its password). This can be done either directly through a blockchain protocol or using Third Party Offerings like decentralized applications. It is your responsibility to manage and secure these keys, and we are not liable if you share your keys or recovery phrases with anyone else, whether intentionally or unintentionally.

4. Temporary Suspension; Limiting API Requests

4.1. Generally

We reserve the right to suspend your access to any part or all of the Offerings immediately if we conclude:

(a) Your utilization of the Offerings (i) presents a security threat to the Offerings or any third party, (ii) could have a negative effect on our systems, the Offerings, or the systems of any other user, (iii) could expose us, our affiliates, or any third party to legal obligations, or (iv) could be in violation of the law;

(b) You, or any End User, have violated the terms of this Agreement

(c) For entities, you have stopped operating normally, made arrangements for the benefit of creditors or a similar asset disposition, or become involved in bankruptcy, reorganization, liquidation, dissolution, or a similar legal process.

4.2. Impact of Suspension

If we suspend your access to or usage of any part or all of an Offering:

(a) You are still accountable for all fees and charges accrued during the suspension period; and (a) You are still accountable for all fees and charges accrued during the suspension period; and

(b) You will not receive any fee credits for the duration of the suspension period.

4.3. API Request Limitations

We have the exclusive authority to restrict the API requests you make while using an Offering if your usage surpasses the specified threshold outlined on the Site or user interface of the Offering. Additionally, if Fastex determines that there are excessive API requests, as per our sole discretion, this may lead to the temporary or permanent suspension of your account access or use of the relevant Offering. While Fastex is not obligated to do so, we will make an effort, when feasible, to provide a warning to the account owner or user before any suspension occurs.

5. Ownership and Intellectual Property Rights

5.1. Your Content

Depending on the Offering, you might share Content with us. Apart from what is outlined in this Section 5, we do not acquire any rights to Your Content under this Agreement (or from your licensors); however, you agree to our utilization of Your Content in ways aligned with the purpose of using the Offerings or that assist in providing the Offerings to you.

5.2. License for Offerings

We or our licensors hold complete ownership of the Offerings, along with all associated technology and intellectual property rights. As per this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to: (a) access and utilize the Offerings as outlined in this Agreement, and (b) copy and use Our Content solely for your authorized use of the Offerings. Apart from what is stated in this Section 5.2, you do not gain any rights under this Agreement from us, our affiliates, or our licensors regarding the Offerings, including related intellectual property rights. Some of Our Content and Third-Party Content might be provided to you under a separate license, such as the Apache License, Version 2.0, or another open-source license. If there is a conflict between this Agreement and any separate license, the separate license will take precedence concerning Our Content or Third-Party Content covered by that separate license.

5.3. License Restrictions

You and any End User are restricted from using the Offerings beyond what is explicitly allowed in this Agreement. Without authorization, neither you nor any End User will:

(a) modify, distribute, alter, tamper with, repair, or create derivative works of any Content in the Offerings (unless a separate license expressly permits this),

(b) attempt to reverse engineer, disassemble, or decompile the Offerings or extract source code (unless prohibited by applicable law),

(c) use the Offerings to evade fees or exceed usage limits,

(d) employ scraping techniques to extract data except as permitted by a Plan, or

(e) resell or sublicense the Offerings unless explicitly agreed upon in writing.

You must obtain our prior written consent before using Our Marks. You must not misrepresent or exaggerate the relationship between us and you (including implying support, sponsorship, endorsement, or contribution to your business). Additionally, you must not imply any relationship or affiliation between us and you unless expressly permitted by this Agreement.

5.4. Suggestions

Should you submit any suggestions to us or our affiliates, both of us will be free to utilize them without any limitations. By this agreement, you hereby irrevocably transfer to us all right, title, and interest in and to the Suggestions, and you also promise to help us in any way we need to perfect, record, and uphold our rights therein.

5.5. Users of the U.S. Government

If you are a U.S. Government End User, the Offerings are licensed to you as a “Commercial Item” as defined in the U.S. Code of Federal Regulations (refer to 48 C.F.R. § 2.101). The rights granted to you regarding the Offerings are the same as those granted to all other users under these Terms of Use.

6. Indemnification

6.1. General

1. You agree to defend, indemnify, and protect us, our affiliates, and licensors, as well as each of their employees, officers, directors, and representatives, from and against any losses resulting from: (a) your breach of this Agreement or violation of applicable law; or (b) disputes between you and any of your customers or users. You will also reimburse us for reasonable legal fees and expenses associated with claims described in (a) and (b) above.
2. We agree to protect, indemnify, and absolve you, as well as your employees, officers, directors, and representatives, from any losses resulting from claims related to our deliberate and substantial breach of this Agreement. We will also cover reasonable legal fees and expenses associated with such claims.

6.2. Intellectual Property

1. You agree to protect Fastex, its affiliates, and their employees, officers, and directors from any third-party claims asserting that Your Content infringes or misappropriates their intellectual property rights. You will also cover any costs associated with an adverse final judgment or settlement, with the exceptions outlined in this Section 6.
2. We will protect you, along with your employees, officers, and directors, from any third-party claims asserting that the Offerings infringe on their intellectual property rights. We will cover the costs of any adverse final judgment or settlement related to such claims, with the exception that our liability under this Section 6 will not exceed $200,000, which includes attorneys' fees, court costs, settlements, judgments, and reimbursement expenses, subject to the limitations in this Section 6 and Section 8.
3. Neither party will be responsible or liable under Section 6.2 if you combine the Offerings with another product, service, software, data, content, or method and it leads to infringement. Additionally, we will not have any responsibilities or liabilities if you continue to use the Offerings after we have asked you to stop. The solutions outlined in Section 6.2 are the only remedies available for third-party claims of infringement or misappropriation of intellectual property rights related to the Offerings or Your Content.

6.3. Process

Under no circumstances will a party agree to settle any claim with any obligations besides monetary payment without getting written consent from the other party.

7. Disclaimers; Risk

7.1. DISCLAIMER

THE OFFERINGS ARE PROVIDED “AS IS”. UNLESS PROHIBITED BY LAW OR WHERE STATUTORY RIGHTS CANNOT BE EXCLUDED, LIMITED, OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS: (A) DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, REGARDING THE OFFERINGS, THIRD PARTY CONTENT, OR THIRD PARTY SERVICES, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF: (I) MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT; (II) ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE; (III) THAT THE OFFERINGS, THIRD PARTY CONTENT, OR THIRD PARTY SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED. YOU RECOGNIZE AND AGREE THAT YOU HAVEN'T DEPENDED, AND WILL NOT DEPEND, ON ANY REPRESENTATION OR WARRANTY FROM FASTEX OUTSIDE OF WHAT IS STATED IN THIS AGREEMENT OR IN A SEPARATE WRITTEN AGREEMENT BETWEEN US. YOU ALSO AGREE NOT TO ARGUE IN ANY PROCEEDING IN A WAY THAT CONTRADICTS THIS PROVISION.

7.2. RISKS

OUR OFFERINGS ARE BUILT ON TECHNOLOGIES LIKE BAHAMUT, WHICH BRINGS CERTAIN RISKS. SOME OF THESE RISKS INCLUDE POTENTIAL MISUSE OF PUBLIC/PRIVATE KEY CRYPTOGRAPHY OR FAILURE TO UPDATE OR RUN SOFTWARE PROPERLY FOR PROTOCOL UPGRADES, SUCH AS THE TRANSITION TO PROOF OF STAKE AND ACTIVITY CONSENSUS. BY USING OUR SERVICES, YOU EXPLICITLY RECOGNIZE AND AGREE TO THESE INCREASED RISKS. YOU AFFIRM THAT YOU POSSESS THE FINANCIAL AND TECHNICAL ACUMEN NECESSARY TO COMPREHEND THE INHERENT RISKS ASSOCIATED WITH UTILIZING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS, AS WELL AS UPDATING YOUR SOFTWARE AND PROCEDURES TO ACCOMMODATE OFFERING AND PROTOCOL UPGRADES. FURTHERMORE, YOU CONFIRM THAT YOU HAVE A FUNCTIONAL UNDERSTANDING OF THE USAGE AND COMPLEXITIES OF DIGITAL ASSETS LIKE FASTTOKEN (FTN) AND OTHER DIGITAL TOKENS ADHERING TO THE BHRC-20 TOKEN STANDARD. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE DO NOT OPERATE THE BAHAMUT PROTOCOL OR ANY OTHER BLOCKCHAIN PROTOCOL, CONDUCT OR IMPLEMENT PROTOCOL UPGRADES, OR VALIDATE OR EXECUTE BLOCKCHAIN TRANSACTIONS ON YOUR BEHALF. YOU ALSO COMPREHEND THAT BLOCKCHAIN PROTOCOLS CARRY THEIR OWN USAGE RISKS, THAT SUPPORTING OR ENGAGING WITH THE PROTOCOL COULD LEAD TO LOSSES IF YOUR ACTIONS BREACH SPECIFIC PROTOCOL RULES, THAT BLOCKCHAIN TRANSACTIONS ARE IRREVERSIBLE, THAT YOU MUST KEEP YOUR PRIVATE KEY AND RECOVERY PHRASE CONFIDENTIAL AT ALL TIMES, THAT FASTEX DOES NOT STORE OR HAVE ACCESS TO YOUR PRIVATE KEY OR RECOVERY PHRASE, THAT STORING YOUR RECOVERY PHRASE DIGITALLY, INCLUDING ON CLOUD STORAGE OR PERSONAL DEVICES, MAY INCREASE THE RISK OF LOSS OR THEFT, AND THAT YOU ARE SOLELY ACCOUNTABLE FOR ANY APPROVALS OR PERMISSIONS GRANTED BY DIGITALLY SIGNING BLOCKCHAIN MESSAGES OR TRANSACTIONS, ESPECIALLY IN RESPONSE TO REQUESTS FROM THIRD PARTIES. REGARDING THIRD PARTIES, YOU ACKNOWLEDGE THE RISK OF SOCIAL ENGINEERING SCAMS LIKE “PIG BUTCHERING” CONDUCTED BY MALICIOUS PARTIES AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR TRANSACTIONS OR AGREEMENTS WITH SUCH THIRD PARTIES THAT COULD RESULT IN HARM. YOU ACKNOWLEDGE THAT WE DO NOT UNDERTAKE RESPONSIBILITY FOR VERIFYING THE LEGITIMACY, SAFETY, OR SUITABILITY OF ANY THIRD-PARTY APPLICATIONS OR TOKENS YOU ENCOUNTER OR RECEIVE THROUGH OUR SERVICES. YOU UNDERSTAND THAT CERTAIN FEATURES WITHIN OUR SERVICES ENHANCE USER SAFETY THROUGH TECHNICAL MEASURES, AND IT IS YOUR SOLE RESPONSIBILITY TO COMPREHEND HOW THEY WORK AND UTILIZE THEM ACCORDINGLY.

YOU ALSO ACKNOWLEDGE AND AGREE THAT DIGITAL ASSETS COME WITH RISKS SUCH AS MARKET VOLATILITY, TECHNICAL SOFTWARE ISSUES, REGULATORY CHALLENGES, AND CYBERSECURITY THREATS. YOU RECOGNIZE THAT THE COST AND SPEED OF BLOCKCHAIN SYSTEMS CAN FLUCTUATE SIGNIFICANTLY AND MAY INCREASE UNEXPECTEDLY, AND THAT FASTEX CANNOT CONTROL THESE FACTORS. ADDITIONALLY, YOU UNDERSTAND THAT PROTOCOL UPGRADES MAY UNINTENTIONALLY INCLUDE BUGS OR SECURITY VULNERABILITIES THAT COULD LEAD TO LOSS OF FUNCTIONALITY AND, ULTIMATELY, FINANCIAL LOSS.

YOU COMPREHEND AND AGREE THAT FASTEX DOES NOT HAVE CONTROL OVER ANY BLOCKCHAIN PROTOCOL OR SMART CONTRACT NOT PROVIDED BY FASTEX AS PART OF ITS OFFERINGS OR AS A THIRD-PARTY SERVICE. YOU ALSO UNDERSTAND AND ACCEPT THAT FASTEX IS NOT RESPONSIBLE FOR MANAGING THE TRANSITION OF ANY BLOCKCHAIN PROTOCOL FROM PROOF OF WORK TO PROOF OF STAKE CONSENSUS OR THE OPERATION OF ANY PROTOCOL FOLLOWING A TECHNICAL UPGRADE. FURTHERMORE, YOU UNDERSTAND AND ACCEPT THAT FASTEX DOES NOT HAVE CONTROL OVER OR RESPONSIBILITY FOR ANY THIRD-PARTY SERVICES. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY TRANSACTIONS YOU CONDUCT RELATED TO SUPPORTING ANY BLOCKCHAIN PROTOCOL, WHETHER THROUGH TRANSACTION VALIDATION OR OTHERWISE. THIS INCLUDES TRANSACTIONS INVOLVING THIRD-PARTY-DEVELOPED SMART CONTRACTS OR TOKENS, INCLUDING THOSE CREATED BY THIRD PARTIES TO FALSELY REPRESENT AFFILIATION WITH A BLOCKCHAIN PROJECT. YOU AGREE THAT FASTEX IS NOT RESPONSIBLE FOR THE REGULATORY STATUS OR TREATMENT OF ANY DIGITAL ASSETS YOU ACCESS OR TRANSACT WITH USING FASTEX OFFERINGS IN ANY JURISDICTION. YOU EXPLICITLY ASSUME FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED WITH ACCESSING AND UTILIZING THE OFFERINGS TO INTERACT WITH BLOCKCHAIN PROTOCOLS.

8. Liability Limitation

8.1. Limitation of Amount

EXCEPT FOR CLAIMS CONCERNING A BREACH OF OUR PROPRIETARY RIGHTS AS OUTLINED IN SECTION 5 AND INDEMNIFICATION AS OUTLINED IN SECTION 8, NEITHER PARTY'S TOTAL LIABILITY, ALONG WITH ITS AFFILIATES, UNDER THIS AGREEMENT (REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM NEGLIGENCE OR OTHERWISE), SHALL EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE OFFERINGS IN THE TWELVE MONTHS PRECEDING THE INITIAL INCIDENT LEADING TO THE LIABILITY, OR $25,000 IF NO FEES WERE PAID. THIS LIMIT APPLIES TO ACTIONS IN CONTRACT OR TORT, IRRESPECTIVE OF THE THEORY OF LIABILITY. FASTEX BEARS NO LIABILITY TO YOU REGARDING ANY OFFERING UNLESS SUCH DAMAGES ARE DETERMINED BY A FINAL COURT OR ARBITRATOR JUDGMENT.

8.2. Limitation on Consequential and Related Losses

NEITHER PARTY NOR ITS AFFILIATES WILL BE LIABLE FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT. THIS APPLIES REGARDLESS OF WHETHER THE ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN INFORMED OF THE POTENTIAL FOR SUCH DAMAGES OR IF A PARTY'S OR ITS AFFILIATES' REMEDY FAILS IN ITS ESSENTIAL PURPOSE. HOWEVER, THIS DISCLAIMER DOES NOT APPLY WHERE PROHIBITED BY LAW.

9. Binding Arbitration and Waiver of Class Action

Please review this section thoroughly as it could have a substantial impact on your legal rights, including your ability to initiate a lawsuit in court.

9.1. Binding Arbitration

Any disput, claim, or dispute (“Claim”) related to this Agreement, the Site, or your utilization of the Offerings will be settled through binding arbitration as outlined in this Section 9, instead of in a court of law. However, you retain the right to bring claims in small claims court if they meet the qualifications.

9.1.1 If you are situated in the United States, these Terms and any disagreement or claim (including those not based on contracts) related to them or their subject matter will be controlled by and interpreted according to the laws of Texas. The Federal Arbitration Act and federal laws regarding arbitration are applicable to this agreement. Arbitration does not involve a judge or jury, and the scope of court review for arbitration awards is restricted. Nonetheless, an arbitrator has the authority to grant individual damages and remedies as a court would, such as injunctions, declarations, statutory damages, and must adhere to this Agreement's terms. The arbitration process will follow the expedited procedures outlined in the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”) as they stand on the agreement's effective date, including Rules 16.1 and 16.2 of those Rules. The arbitrator's ruling is final, binding, and cannot be appealed. The award can be entered and enforced in any court with jurisdiction. Both parties agree not to sue each other except as outlined here or for enforcing this provision or the arbitrator's decision. Any such legal action can only be filed in a Federal District Court or a Texas state court within Tarrant County, Texas. The arbitrator, not any federal, state, or local court, has the sole authority to settle disputes regarding the interpretation, applicability, fairness, arbitrability, enforceability, or formation of this Agreement, including claims that the Agreement or parts of it are invalid or unenforceable. If a claim is brought to court instead of arbitration, both parties waive the right to a jury trial. However, both parties can seek court intervention to prevent intellectual property rights infringement or misuse.

9.1.2. If you are in the United Kingdom, these Terms and any disagreement or claim (including non-contractual disputes) arising from them or related to their subject matter will be governed by and interpreted according to the laws of England and Wales. Any dispute, claim, or controversy regarding this Agreement, the Offerings, your usage of them, or any licensed or distributed products or services will be settled through binding arbitration as outlined in this clause. Before initiating formal arbitration, parties will attempt to resolve any claims through mediation following the LCIA Mediation Rules, which are considered part of this clause. If mediation does not settle the dispute within 14 days (or an agreed extension), the matter will be arbitrated under the LCIA Rules, with English as the language used in both mediation and arbitration, and London as the seat of arbitration.

9.1.3. If your location is not explicitly mentioned in Sections 9.1.1 or 9.1.2, you may choose to be governed by either Section 9.1.1 or 9.1.2. Failing to make a selection will result in this Agreement and any disputes (including non-contractual ones) being governed by Lithuanian law. Disputes related to this Agreement, the Offerings, your use of them, or licensed products/services will be settled through binding arbitration as outlined in this clause. Before initiating formal arbitration, parties will attempt mediation following the LCIA Mediation Rules, which are part of this clause. If mediation fails to resolve the dispute within 14 days (or an agreed extension), the matter will be arbitrated under the LCIA Rules, with English as the language used for both mediation and arbitration, and the arbitration venue being in Lithuania.

9.2. Waiver of Class Action

Both you and we agree to only bring claims against each other individually, not as a plaintiff or member of a class or representative proceeding. We explicitly waive any right to initiate a class action or seek relief on a class basis. Unless both parties agree, neither an arbitrator nor a judge may consolidate claims from multiple individuals or preside over any form of representative or class proceeding. The arbitrator can only grant injunctive relief to the individual party seeking it and only to the extent necessary for that party's individual claim. If a court finds that the law prevents enforcing any of these limitations for a specific claim, that claim must be separated from arbitration and may proceed in court. If a court or arbitrator deems the class action waiver in this paragraph unenforceable or allows arbitration on a class basis, the arbitration provision outlined above will be considered void in its entirety, and the parties will not be bound to arbitrate disputes.

9.3. 30-Day Right to Opt Out

You can choose not to be subject to the arbitration and class action waiver clauses mentioned above by sending a written notice of your decision to opt-out to [email protected] with the subject line LEGAL OPT OUT. This notice must be sent within 30 days of your initial use of the Offerings; otherwise, you will be obligated to resolve disputes through arbitration and will be considered to have waived your right to participate in class actions as outlined in those paragraphs. If you opt-out, these provisions will not apply to us either.

10. Miscellaneous

10.1. Assignment

You cannot transfer this Agreement or any of its associated rights and responsibilities without obtaining our prior written consent. Any such transfer or assignment without our consent as outlined in Section 10.1 will be considered invalid. We, however, reserve the right to assign this Agreement without requiring your consent:

(a) in the event of a merger, acquisition, or sale of our assets, or

(b) to any Affiliate or as part of a corporate reorganization.

Upon such assignment, the assignee replaces us as a party to this Agreement, and we are released from all obligations under this Agreement. Apart from these provisions, this Agreement remains binding on both parties and benefits their respective successors and permitted assigns.

10.2. DAOs

Since we are a blockchain native company, we may engage with and offer specific services to Decentralized Autonomous Organizations (DAOs). Given the distinctive characteristics of DAOs, if a DAO approves and/or accepts such services from Fastex, it acknowledges and agrees to abide by these Terms in full.

10.3. Entire Agreement and Modifications

This Agreement includes the Policies by reference and constitutes the complete agreement between you and us concerning its subject matter. In case of any inconsistency between the terms of this document and those in any Policy, the terms of this document will take precedence. Any changes to the terms of this Agreement must be made in writing.

10.4. Force Majeure

Neither party nor their affiliates will be held liable for any delay or inability to fulfill obligations under this Agreement if the delay or failure is caused by circumstances beyond their reasonable control. This includes but is not limited to acts of nature (like earthquakes or storms), pandemics, cyber attacks, government orders, or acts of war or terrorism.

10.5. Compliance with Export and Sanctions

You shall abide by all relevant import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations in connection with this Agreement, including any such laws and regulations that forbid specific transactions. To be clear, compliance with regard to how you choose to utilize the Offerings is entirely your responsibility. If you are the target of U.S. sanctions or restrictions imposed by the governments of the nation in which you are using the Offering, you are not permitted to use any Offering.

10.6. Independent Contractors; Non-Exclusive Rights

This Agreement does not establish a partnership, joint venture, agency, or employment arrangement between us and you. Rather, we and you will continue to operate as independent contractors. For all intents and purposes, neither party nor any of its affiliates is the other's agent or has the power to bind the other. Both parties retain the right to: (a) develop or have developed for it products, services, concepts, systems, or techniques that rival or are similar to those developed or considered by the other party; and (b) support third-party developers or systems integrators who might provide goods or services that rival those of the other party.

10.7. Eligibility

You may only use the Site or Offerings with your parent’s or legal guardian’s permission or under their supervision if you are under the age of majority in your jurisdiction of residence.

NOTICE TO PARENTS AND LEGAL GUARDIANS: You accept these Terms of Use on behalf of your minor by allowing them to access the Site or Offerings. You are in charge of keeping an eye on your minor's internet activity. Do not permit your kid to use the Site or the Offerings if you disagree with these Terms of Use.

10.8. Language

English must be the language used for all correspondence and notices sent or received in accordance with this agreement. In the event that we offer a translation of this Agreement in a language other than English, the English language version shall prevail in all cases.

10.9. Notice

1. For You: We may notify you under this Agreement through reasonable methods, including: (i) posting on the Site; (ii) sending an email to the email address linked to your account; (iii) displaying the notice in the relevant Offering interface; or (iv) using public communication channels. Notices posted on the Site or through public channels are effective upon posting, while notices sent via email are effective upon sending. It is your responsibility to keep your email address up to date if you have an account. You will be considered to have received any email sent to the email address associated with your account when we send it, regardless of whether you actually receive it.
2. For Us: To give us notice under these Terms, you must contact us by email at [email protected].

10.10. No Third-Party Beneficiaries

Unless specified otherwise in this Agreement, this document does not grant any rights to third parties who are not directly involved as parties to this Agreement.

10.11. No Waivers

Our failure to enforce any part of this Agreement does not mean we are giving up the right to enforce it later. Any waivers granted by us must be in writing to be valid.

10.12. Severability

If any part of this Agreement is deemed invalid or unenforceable, the rest of the Agreement will still be valid and enforceable. Any invalid parts will be interpreted to reflect the original intent of the Agreement. If that is not possible, the invalid part will be removed, but the rest of the Agreement will stay intact.

10.13. Notice and Procedure for Addressing Copyright Infringement Claims

If you own a copyright or are an agent representing the owner and believe that your copyright or the copyright of someone you are authorized to act for has been infringed, please send us a written notice to the address below including the following details:

• A signature, electronic or physical, of the authorized person representing the copyright or intellectual property owner;
• Details about the copyrighted work or intellectual property you believe has been infringed;
• Information on where the allegedly infringing material is located within the Offerings;
• Your contact details including address, phone number, and email address;
• A statement affirming that you have a sincere belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement, made under penalty of perjury, verifying the accuracy of the information provided in your notice and confirming that you are the copyright or intellectual property owner or authorized to act on their behalf.

You can contact us at:

Email: [email protected]

Subject Line: Copyright Infringement Claims

Fastex Europe UAB

Mėsinių Street 5, Vilnius, Lithuania a Lorem Ipsum text, but we still want to keep it long.