Last Updated: June 25, 2023
These Terms of Service (the "Agreement") lay down the terms and conditions under which you may access and use the services provided by Abyiss LLC (hereinafter referred to as "Abyiss", "we", "our", or "us").
Our Application facilitates users in performing various activities involving digital tokens through a myriad of networks that employ the use of an underlying blockchain or other decentralized or permissioned infrastructure, including but not limited to Ethereum, Binance Smart Chain, Polygon, Avalanche, Celo, Fantom, and Arbitrum (the "Multi-Chain Networks"). This Agreement outlines your rights and responsibilities when accessing or utilizing our website, application programming interfaces (“APIs”), and other products and services available for individual use (collectively referred to as the "Services").
It's essential to carefully read this Agreement as it presides over your usage of our Services. By accessing or using any of our Services, you signify your acknowledgment, comprehension, and acceptance to be bound by this Agreement in its entirety. If you disagree, you are not authorized to access or use any of our Services and should refrain from doing so.
To access or use any of our Services, you must be legally eligible to form a binding contract with us. Accordingly, you affirm that you have attained at least the age of majority in your jurisdiction (e.g., 18 years old in the United States) and possess the full right, power, and authority to enter into and abide by the terms and conditions of this Agreement, whether on behalf of yourself or any company or legal entity for which you may access or use our Services. If you are entering into this Agreement on behalf of an entity, you assure us that you have the legal authority to bind such entity.
You further affirm that you are not (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) or (b) a citizen, resident, or organized in a jurisdiction or territory subject to comprehensive country-wide, territory-wide, or regional economic sanctions by the United States. Finally, you affirm that your access and use of any of our Services will be in complete compliance with all applicable laws and regulations, and that you will not access or use any of our Services to conduct, endorse, or otherwise facilitate any illegal activity.
NOTICE: This Agreement encompasses important information, including a binding arbitration provision and a class action waiver, both of which influence your rights regarding dispute resolution. Our Services are accessible to you only if you fully concur with these terms.
ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS ENCOMPASS AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO INITIATE A CLASS ACTION AGAINST US. EXCLUDING CERTAIN TYPES OF DISPUTES REFERENCED IN THAT ARBITRATION CLAUSE, YOU AND ABYISS AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED THROUGH MANDATORY BINDING ARBITRATION, AND YOU FORGO ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
To be eligible for accessing and using our Application, you must meet the following criteria:
When agreeing to the terms of this Agreement on behalf of a company or other legal entity, you represent that:
By accessing the Application, you represent and warrant that:
Please note that we reserve the right to suspend, restrict, or terminate your access to any or all of the features of the Application, and/or block or restrict any of your transactions if:
3. Modifications to this Agreement or our Services
3.1 Modifications to this Agreement
We reserve the right, in our sole discretion, to modify this Agreement as necessary. Should we make any significant modifications, we will notify you by updating the date at the top of the Agreement and by maintaining the most current version of the Agreement at https://abyiss.com/terms-of-service. All modifications will be effective immediately upon posting, and your continued use or access to any of our Services will be deemed as your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately cease accessing and using all of our Services.
3.2 Modifications to our Services
We reserve the following rights, which we are under no obligation to exercise: (a) modify, substitute, remove, or add to any of the Services with or without notice to you; (b) review, modify, filter, disable, delete, and remove any and all content and information from any of the Services.
4. Intellectual Property Rights
4.1 IP Rights Generally
We hold all intellectual property and other rights in each of our Services and its respective content, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, designs, and its "look and feel." Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use our Services solely in accordance with this Agreement. You agree not to use, modify, distribute, tamper with, reverse engineer, disassemble or decompile any of our Services for any purpose other than as expressly permitted pursuant to this Agreement. Except as set forth in this Agreement, we grant you no rights to any of our Services, including any intellectual property rights.
By using any of our Services, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you post on or through any of our Services for our current and future business purposes, including to provide, promote, and improve the services. This includes any digital file, art, or other material linked to or associated with any NFTs that are displayed.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any material that you list, post, promote, or display on or through any of our Services (including, but not limited to, NFTs). You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant us the license described above, and that the content does not violate any laws.
We do not claim any ownership rights in any content that users (including you) provide to be made available through the Application (“User Content”). You agree that you own or have all rights, title, and interest, including all intellectual property rights, in any User Content you provide to us. You hereby grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, distribute, create derivative works of, display, and perform any User Content that you upload, submit, store, or send on or through the Application.
Subject to the foregoing, Abyiss owns or is duly authorized to use all intellectual property and other rights in the Application and its contents, including all text, images and trademarks displayed or provided on the Application, and all Application software. Unless expressly authorized by us, you may not copy, modify, adapt, rent, license, sell, publish, distribute, or otherwise permit any third party to access or use the Application or any of its contents. Provided that you are eligible, and in consideration for your compliance with the terms of this Agreement, you are hereby granted a single, personal, limited license to access and use the Application. This license is non-exclusive, non-transferable, and freely revocable by us at any time without notice or cause. Use of the Application or its contents for any purpose not expressly permitted by this Agreement is strictly prohibited.
4.2 Third-Party Resources and Promotions
Our Services may contain references or links to third-party resources, including, but not limited to, information, materials, products, or services, that Abyiss does not own or control. Additionally, our Platform may provide links to third-party websites or services for your convenience and information. These third-party sites and resources are not under the control of Abyiss, and we are not responsible for the content, including, but not limited to, the accuracy, reliability, or truthfulness of any statement or other content. We do not approve, monitor, endorse, warrant, or assume any responsibility for any such resources. Furthermore, third parties may offer promotions related to your access and use of our Services. If you access any such resources, third-party websites, or participate in any such promotions, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third parties. You expressly relieve Abyiss of any and all liability arising from your use of any such resources, third-party websites, or participation in any such promotions. Abyiss reserves the right to terminate any link or linking program at any time. We have not reviewed all the information contained in the linked sites and do not endorse or take responsibility for the companies, products, or sites to which it links. If you decide to access any of the third-party sites or resources linked to our Services or Platform, you do this entirely at your own risk.
4.3 Additional Rights
Abyiss reserves the right to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose information or content or information that you provide. We may also disclose your information as necessary to comply with any applicable law, regulation, legal process, or enforceable governmental request.
5. Disclosures; Disclaimers
5.1 Warranty Disclaimer
To the maximum extent permitted under applicable law, our Services (and any of its content or functionality) are provided on an "AS IS" and "AS AVAILABLE" basis, and Abyiss expressly disclaims, and you hereby waive, any representations, conditions or warranties of any kind, whether express or implied, legal, statutory or otherwise, or arising from statute, otherwise in law, course of dealing, or usage of trade, including, without limitation, the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights. Without limiting the foregoing, Abyiss does not represent or warrant that the Services (including any related data) will be uninterrupted, available at any particular time or error-free. Further, we do not warrant that errors in our Services are correctable or will be corrected.
5.2 Disclaimer About Information Accuracy
You acknowledge that Abyiss relies on third-party sources for information. These third-party sources provide us with information about certain digital tokens on the Application, and we reserve the right to choose, modify, and remove any third-party information source at our discretion. Specifically, digital token information, including token description, total supply, market cap and 24-hour volume, is derived from third-party sources. Abyiss is not responsible for the quality, accuracy, timeliness, completeness, or reliability of any of the digital token information provided through the Application or Services. It is your responsibility to gather sufficient information and stay well-informed before trading any digital tokens through the Application.
5.3 Limit Order
Limit Order allows you to buy or sell digital tokens at a specified price within a specified timeframe. However, Abyiss makes NO GUARANTEE that a limit order will be successfully matched or executed.
5.4 RFQ Order
You can trade digital tokens through RFQ orders with professional market makers who provide liquidity through the "Request-for-Quote" system (“RFQ” system) built into the 0x API. The RFQ system is designed to enable professional market makers to provide competitive pricing, which ultimately benefits users. However, Abyiss makes NO GUARANTEE that you'll receive better pricing through RFQ orders. Be aware that your RFQ orders may not be matched or executed due to a variety of reasons.
5.5 Network Fees
The Application utilizes the 0x API to connect users with Multi-Chain Networks. Transactions on the Multi-Chain Networks may require you to pay a fee, such as a "gas fee" on the Ethereum network, for the computational resources required to perform a transaction on the specific blockchain network (such payments and fees, "Network Fees").
Blockchain transactions require the payment of transaction fees to the appropriate network ("Gas Fees"). Except as otherwise expressly set forth in the terms of another offer by Abyiss, you will be solely responsible for paying the Gas Fees for any transaction that you initiate via our Services.
Where applicable, you are responsible for paying any Network Fees automatically imposed by the Multi-Chain Networks. You acknowledge and agree that Abyiss has no control over any Multi-Chain Networks, the method of payment of any Network Fees, or any actual payments of Network Fees. You must ensure that you have a sufficient balance of the Multi-Chain Networks’ native tokens stored in your compatible wallet address ("Wallet Address") to complete any transaction before initiating it.
5.6 Custody and Control of Digital Tokens
You maintain full custody and control of the digital tokens in your third-party digital wallets at all times. Abyiss does not provide wallet services, nor do we take custody of your digital tokens or have access to or retain the electronic private key of your digital wallet. As the owner and custodian of the digital tokens in your digital wallets, all risk of loss of such digital tokens falls on you.
Please note that Abyiss is not registered or licensed by the Commodity Futures Trading Commission, Securities and Exchange Commission, Financial Crimes Enforcement Network, or any financial regulatory authority. No financial regulatory authority has reviewed or approved our Application. We are not acting as an investment adviser or commodity trading adviser to any individual, and we do not offer securities services in the United States or to U.S. persons. The content of the Application does not constitute advice, endorsement, or recommendations concerning any commodity, security, or other asset.
5.7 Risks Associated with Digital Tokens
By accessing and using the Application, you confirm that you understand the inherent risks associated with using cryptographic and blockchain-based systems. You also acknowledge that you have a working knowledge of the usage and intricacies of digital tokens such as bitcoin (BTC), ether (ETH), and other digital tokens that follow the Ethereum Token Standard (ERC-20). Abyiss does not control the underlying software protocols of any digital tokens accessible on the Application. We are not responsible for the operation, functionality or security of these underlying protocols and are not liable for any loss of token value that you may incur due to any operational changes, malfunctions, or failures of these underlying protocols.
Further, you understand that the markets for these digital tokens are highly volatile, and that there are significant risks associated with digital tokens, including (but not limited to) those related to adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum can fluctuate and may increase dramatically at any time. You agree to assume full responsibility for all the risks of accessing and using the Application and interacting with the Ethereum Blockchain and agree that Abyiss is not responsible for any losses you may experience as a result of these risks.
Be aware that anyone can create digital tokens via the Multi-Chain Networks (such as ERC20 tokens on Ethereum). Abyiss makes no representation about the nature, quality, or legal categorization of these tokens or their associated projects. You are responsible for conducting your own research, as well as ensuring that you may legally transact with these tokens in your jurisdiction.
6. Taxes and Compliance
Certain Products may not be available or appropriate for use in your jurisdiction. By accessing or using any of our Products, you acknowledge that you bear full responsibility for compliance with all laws and regulations that may apply to you.
Your use of our Products may have various tax implications, such as income or capital gains tax, value-added tax, goods and services tax, or sales tax in certain jurisdictions.
You are responsible for determining whether taxes apply to any transactions you conduct or receive through our Products, and, if so, for reporting and remitting the correct tax to the appropriate tax authority.
Any tax obligations that arise from transactions conducted via the Application fall under your responsibility. You must withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. While we strive to provide a comprehensive transaction history through your account, we do not guarantee the completeness or accuracy of this information.
8. Changes; Suspension; Termination
At our sole discretion, we reserve the right to modify, suspend, disable, or terminate, temporarily or permanently, the Application or any part of our Platform at any time, with or without prior notice to you. This may occur due to various reasons, including, but not limited to, security incidents, or with or without cause.
In the event of such changes or termination, we will not be liable for any losses incurred by you resulting from any modifications to the Application or from any suspension or termination of your access to all or any portion of the Application or Platform, regardless of the reason.
If you wish to terminate this agreement, or your user account (if you have one), you may simply discontinue using our Platform or Application. Despite any termination or suspension, all terms of this Agreement will remain in effect. This also applies to all provisions of this agreement which, by their nature, should survive, including, without limitation, provisions related to intellectual property ownership, warranty disclaimers, indemnification, limitations of liability, and any other provision which, by law or by its nature, should survive. These provisions will continue in full force, irrespective of the reasons for the termination or expiration of your access.
9. Electronic Notices
You agree to receive all communications, agreements, documents, receipts, notices, and disclosures (collectively referred to as "Communications") electronically that we provide in relation to the Agreement or the Application. We may deliver our Communications by posting them on the Application. You can also request additional electronic copies of our Communications by contacting our Legal team and sending a support request to email@example.com.
You agree to defend, indemnify, and hold harmless Abyiss and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries (collectively, the "Protected Parties") from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:
(a) your access to and use of the Application or any of our Products;
(b) your breach of any term or condition of this Agreement, the rights of any third party, or any other applicable law, rule, or regulation;
(c) any other party's access to and use of the Application or any of our Products with your assistance or using any device or account that you own or control;
(d) any dispute between you and any other user of any of our Products or any of your own customers or users.
Under no circumstance will any of the Protected Parties be held liable for any claims, damages, obligations, losses, liabilities, costs, and expenses resulting from a user's use of the Application or any of our Products. You understand and agree that you use the Application and our Products at your own risk.
11. Your Responsibilities
11.1 Prohibited Activity
You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Application:
11.1.1 Intellectual Property Infringement: Activity that infringes or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.
11.1.2 Cyberattack: Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks.
11.1.3 Fraud and Misrepresentation: Activity that seeks to defraud Abyiss or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.
11.1.4 Market Manipulation: Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including (but not limited to) manipulative tactics commonly known as "rug pulls", pumping and dumping, and wash trading.
11.1.5 Securities and Derivatives Violations: Activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives, including (but not limited to) the unregistered offering of securities and the offering of leveraged and margined commodity products to retail customers in the United States.
11.1.6 Sale of Stolen Property: Buying, selling, or transferring stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items.
11.1.7 Data Mining or Scraping: Activity that involves data mining, robots, scraping, or similar data gathering or extraction methods of content or information from the Application.
11.1.8 Objectionable Content: Activity that involves soliciting information from anyone under the age of 18 or that is otherwise harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable.
11.1.9 Gambling: Activity that stakes or risks something of value upon the outcome of a contest of others, an event, or a game of chance, including without limitation to lotteries, bidding fee auctions, political betting, sports forecasting, and sweepstakes.
11.1.10 IP Address Disguise: Activity that enables non-eligible persons to access or trade via the Application by using any virtual private network, proxy service, or any other third-party service, network, or product with the intent of disguising your IP address or location.
11.1.11 Any Other Unlawful Conduct: Activity that violates any applicable law, rule, or regulation of the United States or another relevant jurisdiction, including (but not limited to) the restrictions and regulatory requirements imposed by U.S. law.
You agree and understand that: (a) all trades you submit through any of our Products are considered unsolicited, which means that they are solely initiated by you; (b) you have not received any investment advice from us in connection with any trades, including those you place via our APIs; and (c) we do not conduct a suitability review of any trades you submit.
11.3 Non-Custodial and No Fiduciary Duties
Each of the Products is a purely non-custodial application, meaning we do not ever have custody, possession, or control of your digital assets at any time. It further means you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold, and you should never share your wallet credentials or seed phrase with anyone. We accept no responsibility for, or liability to you, in connection with your use of a wallet and make no representations or warranties regarding how any of our Products will operate with any specific wallet. Likewise, you are solely responsible for any associated wallet, and we are not liable for any acts or omissions by you in connection with or as a result of your wallet being compromised.
This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.
12. Exclusion of Consequential and Related Damages
In no event will Abyiss be liable for any incidental, indirect, special, punitive, exemplary, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, goodwill, profits or other business or financial benefit) arising out of or in connection with your use of any of our Products, whether under contract, tort (including negligence), civil liability, statute, strict liability, breach of warranties, or under any other theory of liability, and whether or not Abyiss has been advised of, knew of or should have known of the possibility of such damages.
13. Limitation of Liability
In no event will Abyiss’s aggregate liability arising out of or in connection with any of our Products (and any of their content and functionality), any performance or non-performance of Abyiss, digital tokens, or any other product, service or other item provided in connection with any of our Products, whether under contract, tort (including negligence), civil liability, statute, strict liability or other theory of liability exceed the amount of fees paid by you to us in the twelve (12) month period immediately preceding the event giving rise to the claim for liability.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE PRODUCTS, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF ANY OF THE PRODUCTS OR THE INFORMATION CONTAINED WITHIN IT, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF ANY OF THE PRODUCTS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ABYISS HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS OR USE OF THE APPLICATION; (C) UNAUTHORIZED ACCESS OR USE OF ANY SECURE SERVER OR DATABASE IN OUR CONTROL, OR THE USE OF ANY INFORMATION OR DATA STORED THEREIN; (D) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO ANY OF THE PRODUCTS; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION; (F) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, ANY CONTENT MADE AVAILABLE THROUGH ANY OF THE PRODUCTS; AND (G) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
WE HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES THAT MAY ARISE AS A RESULT OF ANY PAYMENTS OR TRANSACTIONS THAT YOU ENGAGE IN VIA ANY OF OUR PRODUCTS, OR ANY OTHER PAYMENT OR TRANSACTIONS THAT YOU CONDUCT VIA ANY OF OUR PRODUCTS. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, WE DO NOT PROVIDE REFUNDS FOR ANY PURCHASES THAT YOU MIGHT MAKE ON OR THROUGH ANY OF OUR PRODUCTS.
WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT LINKED THIRD PARTY SERVICES, THE THIRD PARTIES THEY ARE OWNED AND OPERATED BY THE INFORMATION CONTAINED ON THEM, ASSETS AVAILABLE THROUGH THEM, OR THE SUITABILITY, PRIVACY, OR SECURITY OF THEIR PRODUCTS OR SERVICES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF THIRD-PARTY SERVICES, THIRD-PARTY WEBSITES, APPLICATIONS, OR RESOURCES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD PARTIES AND ACCESSED THROUGH ANY OF OUR PRODUCTS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.
THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
14. Release and Assumption of Risk
To the extent permitted by applicable law, in consideration for being allowed to use the Application, you expressly agree that you assume all risks in connection with your access and use of any of our Products. You hereby release and forever discharge Abyiss from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage) that has arisen or arises directly or indirectly out of, or that relates directly or indirectly, to the Application or any of our Products. Further, you expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of any of our Products. In making these releases and waivers, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of these releases and waivers to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to these releases and waivers, including, but not limited to, the provisions of Section 1542 of the California Civil Code, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
You may not assign any rights or licenses granted under the Agreement. We reserve the right to assign any rights and/or licenses under this Agreement without restriction, including but not limited to any Abyiss affiliates or subsidiaries or any successors of Abyiss’s business interests.
16. Force Majeure
We shall not be responsible for any delay or failure in performance of the Application resulted directly or indirectly from any events or circumstances beyond our reasonable control, including but not limited to, natural disaster, civil unrest, terrorism, significant market volatility and failure of Internet services, equipment, or software.
17.1 ASSUMPTION OF RISK -- GENERALLY
BY ACCESSING AND USING ANY OF OUR PRODUCTS, YOU REPRESENT THAT YOU ARE FINANCIALLY AND TECHNICALLY SOPHISTICATED ENOUGH TO UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS, AND THAT YOU HAVE A WORKING KNOWLEDGE OF THE USAGE AND INTRICACIES OF DIGITAL ASSETS SUCH AS ETHER (ETH), SO-CALLED STABLECOINS, AND OTHER DIGITAL TOKENS SUCH AS THOSE FOLLOWING THE ETHEREUM TOKEN STANDARD (ERC-20).
IN PARTICULAR, YOU UNDERSTAND THAT THE MARKETS FOR THESE DIGITAL ASSETS ARE NASCENT AND HIGHLY VOLATILE DUE TO RISK FACTORS INCLUDING, BUT NOT LIMITED TO, ADOPTION, SPECULATION, TECHNOLOGY, SECURITY, AND REGULATION. 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. SO-CALLED STABLECOINS MAY NOT BE AS STABLE AS THEY PURPORT TO BE, MAY NOT BE FULLY OR ADEQUATELY COLLATERALIZED, AND MAY BE SUBJECT TO PANICS AND RUNS.
FURTHER, YOU UNDERSTAND THAT SMART CONTRACT TRANSACTIONS AUTOMATICALLY EXECUTE AND SETTLE, AND THAT BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE WHEN CONFIRMED. YOU ACKNOWLEDGE AND ACCEPT THAT THE COST AND SPEED OF TRANSACTING WITH CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS SUCH AS ETHEREUM ARE VARIABLE AND MAY INCREASE DRAMATICALLY AT ANY TIME. YOU FURTHER ACKNOWLEDGE AND ACCEPT THE RISK OF SELECTING TO TRADE IN EXPERT MODES, WHICH CAN EXPOSE YOU TO POTENTIALLY SIGNIFICANT PRICE SLIPPAGE AND HIGHER COSTS.
FINALLY, YOU UNDERSTAND THAT WE DO NOT CREATE, OWN, OR OPERATE CROSS-CHAIN BRIDGES AND WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE SAFETY OR SOUNDNESS OF ANY CROSS-CHAIN BRIDGE.
IN SUMMARY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY OF THESE VARIABLES OR RISKS, DO NOT OWN OR CONTROL THE PROTOCOL, AND CANNOT BE HELD LIABLE FOR ANY RESULTING LOSSES THAT YOU EXPERIENCE WHILE ACCESSING OR USING ANY OF OUR PRODUCTS. ACCORDINGLY, YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE APPLICATION TO INTERACT WITH THE BLOCKCHAIN.
17.2 NO WARRANTIES
EACH OF OUR PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF EACH OF OUR PRODUCTS IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO ANY OF OUR PRODUCTS WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR SECURE; THAT THE INFORMATION CONTAINED IN ANY OF OUR PRODUCTS WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR THAT ANY OF OUR PRODUCTS WILL BE FREE FROM ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL ELEMENTS. NO ADVICE, INFORMATION, OR STATEMENT THAT WE MAKE SHOULD BE TREATED AS CREATING ANY WARRANTY CONCERNING ANY OF OUR PRODUCTS. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING ANY OF OUR PRODUCTS.
SIMILARLY, THE APPLICATION IS PROVIDED "AS IS", AT YOUR OWN RISK, AND WITHOUT WARRANTIES OF ANY KIND. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING ANY OF OUR PRODUCTS. ANY PAYMENTS OR FINANCIAL TRANSACTIONS THAT YOU ENGAGE IN WILL BE PROCESSED VIA AUTOMATED SMART CONTRACTS. ONCE EXECUTED, WE HAVE NO CONTROL OVER THESE PAYMENTS OR TRANSACTIONS, NOR DO WE HAVE THE ABILITY TO REVERSE ANY PAYMENTS OR TRANSACTIONS.
17.3 NO INVESTMENT ADVICE
WE MAY PROVIDE INFORMATION ABOUT TOKENS IN OUR PRODUCTS SOURCED FROM THIRD-PARTY DATA PARTNERS THROUGH FEATURES SUCH AS RARITY SCORES, TOKEN EXPLORER OR TOKEN LISTS. WE MAY ALSO PROVIDE WARNING LABELS FOR CERTAIN TOKENS. THE PROVISION OF INFORMATIONAL MATERIALS DOES NOT MAKE TRADES IN THOSE TOKENS SOLICITED; WE ARE NOT ATTEMPTING TO INDUCE YOU TO MAKE ANY PURCHASE AS A RESULT OF THE INFORMATION PROVIDED. ALL SUCH INFORMATION PROVIDED BY ANY OF OUR PRODUCTS IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS INVESTMENT ADVICE OR A RECOMMENDATION THAT A PARTICULAR TOKEN IS A SAFE OR SOUND INVESTMENT. YOU SHOULD NOT TAKE, OR REFRAIN FROM TAKING, ANY ACTION BASED ON ANY INFORMATION CONTAINED IN ANY OF OUR PRODUCTS. BY PROVIDING TOKEN INFORMATION FOR YOUR CONVENIENCE, WE DO NOT MAKE ANY INVESTMENT RECOMMENDATIONS TO YOU OR OPINE ON THE MERITS OF ANY TRANSACTION OR OPPORTUNITY. YOU ALONE ARE RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY OR RELATED TRANSACTION IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES, AND RISK TOLERANCE.
18. Dispute Resolution and Arbitration
This section requires careful reading as it stipulates you and Abyiss to resolve certain disputes and claims through arbitration, restricting the methods through which you can seek relief from us, unless you opt out of arbitration as directed below. Furthermore, arbitration means you are waiving your right to sue in court or have a jury trial.
Both you and Abyiss agree that any disagreement that arises from or is related to this Agreement is unique to both parties and will be resolved solely through individual action, and not as a class arbitration, class action, or any other type of representative proceeding.
Unless it involves small claims where you or Abyiss seek to bring an individual action in a small claims court located in your county of residence, or disputes where either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Abyiss are forfeiting your rights to a jury trial and to have any dispute arising from or related to this Agreement resolved in court.
For any dispute or claim against Abyiss or in relation to the Services, you agree to contact Abyiss first and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to Abyiss by email at firstname.lastname@example.org. The Notice must include your name, residence address, email address, and telephone number, describe the nature and basis of the claim, and specify the specific relief sought. Our notice to you will be similar in form to that described above. If you and Abyiss cannot reach an agreement within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS, or under limited circumstances, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator in Providence, Rhode Island, in accordance with the JAMS Comprehensive Arbitration Rules & Procedures (“JAMS Rules”). By agreeing to this clause, you either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Abyiss agree that the enforceability of this Section 18 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. Subject to the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions, including any dispute and any remedy that would otherwise be available in court. The arbitrator may only conduct individual arbitration and may not consolidate more than one individual’s claims, preside over any class or representative proceeding, or preside over any proceeding involving more than one individual.
The arbitrator, Abyiss, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including all information gathered, prepared, and presented for purposes of the arbitration or related to the disputes. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary.
You and Abyiss agree that any claim arising out of or related to this Agreement must be filed within one year after such claim arose; otherwise, the claim is permanently barred. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 18 by emailing us at email@example.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you agree to resolve disputes in accordance with Section 19.
If any portion of this Section 18 is found to be unenforceable or unlawful for any reason, such unenforceable or unlawful provision will be severed from this Agreement. The severance of the unenforceable or unlawful provision will have no impact on the remainder of this Section 18 or the ability of the parties to compel arbitration of any remaining claims on an individual basis under this Section 18. If any claims must proceed on a class, collective, consolidated, or representative basis, they must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that the litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. If any part of this Section 18 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought outside of arbitration, and the remainder of this Section 18 will be enforceable.
In the spirit of resolution, we will make our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you are required to contact us by sending an email to firstname.lastname@example.org so we can attempt to resolve it without resorting to formal dispute resolution. If an informal resolution isn't achieved within sixty days of your email, then both you and we agree to resolve the potential dispute according to the process set forth above.
Any claim or controversy related to any of our Products, this Agreement, or any other acts or omissions for which you may contend Abyiss is liable, including any claim or controversy as to arbitrability ("Dispute"), shall be exclusively settled by arbitration under the JAMS Optional Expedited Arbitration Procedures. The arbitration will be held on a confidential basis before a single arbitrator, selected in accordance with JAMS rules. The arbitration will take place in Providence, Rhode Island, unless both parties agree otherwise. The arbitrator may not consolidate your claims with those of any other party unless mutually agreed. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If for any reason a claim proceeds in court rather than arbitration, you agree to waive any right to a jury trial. Such a claim may only be brought in a Federal District Court, or a Rhode Island state court located in Providence County, Rhode Island.
You and Abyiss agree that for any arbitration initiated by you, you will pay all JAMS fees and costs. For any arbitration initiated by Abyiss, Abyiss will pay all JAMS fees and costs.
18.1 Authority of the Arbitrator
The arbitrator shall determine the arbitrator's jurisdiction and the rights and liabilities, if any, of you and Abyiss. The dispute shall not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions that dispose of all or part of any claim or dispute. The arbitrator will have the power to award monetary damages and to grant any non-monetary remedy or relief available to an individual under the law, the arbitration forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision detailing the key findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator holds the same authority to award relief on an individual basis as a judge in a court of law. The arbitrator's award is final and binding upon you and Abyiss. Any decision or award may be enforced as a final judgment by any court of competent jurisdiction, or if applicable, an application may be made to such court for judicial acceptance of any award and an enforcement order.
18.2 Waiver of Jury Trial
YOU AND ABYISS WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO THE COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Abyiss are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more streamlined, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Abyiss over whether to vacate or enforce an arbitration award, YOU AND ABYISS WAIVE ALL RIGHTS TO A JURY TRIAL, and choose instead to have the dispute resolved by a judge.
18.3 Waiver of Class or Consolidated Actions
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision in the Agreement, the Arbitration Agreement, or JAMS rules, disputes regarding the interpretation, applicability, or enforceability of this class or consolidated actions waiver can only be determined by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we have a right to arbitration; instead, all claims and disputes will be resolved in a court as set forth in this section.
18.4 Right to Waive
Any rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such a waiver will not waive or affect any other portion of this Arbitration Agreement.
You have the option to opt out of this Arbitration Agreement. If you choose to do so, neither you nor ABYISS can compel the other to arbitrate. To opt out, you must notify ABYISS in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your ABYISS username, and the email address you used to set up your ABYISS account, and a clear statement that you wish to opt out of this Arbitration Agreement. You must send the opt-out notice to email@example.com.
18.6 Small Claims Court
Notwithstanding the foregoing, either you or Abyiss may bring an individual action in small claims court.
18.7 Arbitration Agreement Survival
This Arbitration Agreement will survive the termination of your relationship with Abyiss.
18.8 Arbitration Agreement Severability
If all or any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then you and Abyiss agree that the provision will be severed, and the rest of the agreement will remain in effect and be interpreted as if the severed provision had not been included. The sole exception is that if the Class Action Waiver is found invalid, unenforceable, or illegal, you and Abyiss. Agree that it will not be severable, and this entire Arbitration Agreement will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of law clauses specified in these Terms.
19. Governing Law, Dispute Resolution and Class Action Waivers
19.1 Governing Law and Jurisdiction
You agree that the laws of the State of Rhode Island, without regard to principles of conflict of laws, govern this Agreement and any dispute ("Dispute") between you and us. You further agree that each of our Products shall be deemed to be based solely in the State of Rhode Island, and that although a Product may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the State of Rhode Island.
The interpretation, enforcement of this Agreement, and any dispute related to this Agreement or our Products, will be governed by and construed and enforced in accordance with the laws of Rhode Island, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. You agree that we may initiate proceedings related to the enforcement or validity of our intellectual property rights in any court having jurisdiction.
The parties acknowledge that this Agreement evidence interstate commerce. Any arbitration conducted pursuant to this Agreement shall be governed by the Federal Arbitration Act. You agree that the federal and state courts of Providence County, Rhode Island are the proper forum for any appeals of an arbitration award or for court proceedings in the event that this Agreement's binding arbitration clause is found to be unenforceable. You further agree that these courts will have personal jurisdiction over and are the proper venue for any court proceedings.
19.3 Class Action and Jury Trial Waiver
You must bring any and all Disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury.
20. Market Data
Market Data is provided to you on an "as is" and "as available" basis and should not be construed as any form of advice or recommendation. Abyiss does not endorse, approve, or provide any viewpoint or opinion on any Market Data. Neither Abyiss nor any Third-Party Provider guarantees or warrants the accuracy, timeliness, completeness or correctness of any Market Data, or any results or interpretations from any use or reliance upon Market Data for any purpose. Your use of any Market Data is solely at your own risk and past performance is not an indicator of future results.
Your use of Market Data must be directly related to the Services or your account. You are not permitted to copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute any part of the Services (including Market Data) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without Abyiss's express prior written consent.
21. Payment Obligations
21.1 Payment Terms
Our Services include both fee-based services ("Paid Services") and complimentary services ("Free Services"). We offer certain Paid Services either on a monthly or annual recurring basis ("Subscription Services"), or on a pay-per-use basis ("Add-On Services"). By subscribing to our Subscription Services, you agree to pay the associated fees and any applicable taxes, with these charges recurring as detailed in the relevant order form(s) ("Subscription Fee"). By using an Add-On Service, you agree to pay the fees outlined in the applicable order form, along with any incurred taxes at the time of use ("Add-On Fees", collectively referred to as "Fees").
Unless stated otherwise, Fees are charged at the time of purchasing the Paid Services. Subscription Fees are billed on the monthly or annual anniversary of your purchase and will continue until the Subscription Services are terminated in accordance with this Agreement.
By availing Paid Services, you authorize us to charge your designated payment method. By providing a valid payment method, you confirm that you are authorized to use it and give us, or our third-party payment processor, permission to charge your payment method for the total cost of your purchase, including any applicable taxes and other charges. If your payment method is invalid, unverifiable, or unacceptable for any reason, your Paid Service may be downgraded, suspended, or canceled. You must resolve any payment issues to continue using the Service. This payment obligation will survive the termination or cancellation of this Agreement for any reason. Unless otherwise specified, all Fees and other charges are quoted in U.S. Dollars ($) and all payments must be made in U.S. Dollars ($).
We reserve the right to change the prices of the Services periodically. We will aim to notify you of any such price changes in advance of the next billing cycle. If you accept a promotional offer or make changes to your Paid Services, the Fees, taxes, and total bill may vary. Additionally, billing amounts may fluctuate due to changes in applicable taxes or exchange rates.
All Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for instance, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes related to your purchases, excluding those taxes based on our net income. If any payment for the Services is subject to withholding tax by any government, you will reimburse us for such withholding tax.
21.3 Modifying Services Based on Your Selection
You may choose to purchase additional Paid Services or upgrade your Free Service to a Paid Subscription Service at any time. If you opt for a monthly Paid Subscription Service, the invoice will show prorated Fees for a monthly subscription, and subsequent invoices will be issued on the same date each calendar month that you upgraded your account. If you subscribe to an annual Paid Subscription Service, the invoice will display the Fees for a full annual subscription.
You may also downgrade from a Paid Subscription Service to a lower tier Paid Subscription Service or a Free Service anytime via your account settings. Upon downgrading any Paid Subscription Services, you remain liable for any unpaid Fees under the former Paid Subscription Service. The Services under the original Paid Subscription will be considered fully performed and delivered upon the expiration of the subscription term.
If you cancel a Paid Subscription Service, you'll maintain access to the Service until the end of your current billing period, but you won't be eligible for a refund or credit for any Fees already due or paid. We reserve the right to modify our Fees, provided we give you thirty (30) days' advance notice. Your continued use of the Paid Subscription Services following the notice of a change to our Fees will be taken as your acceptance of these changes.
21.4 Downgrade for Non-Payment
If any Fees due to us from you are overdue by thirty (30) days or more, we may, without limiting our other rights and remedies, downgrade any Paid Subscription Services to Free Services until full payment is received. This is contingent on us providing you with a notice stating that your account is overdue. You understand and agree that such a downgrade will lead to a reduction in certain features and functionality, as demonstrated by the comparison of plans on our Products page.
22.1 Entire Agreement
These terms constitute the entire agreement between you and Abyiss with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings relating to the subject matter of the terms.
You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement without such consent will be null and void. Abyiss may freely assign or transfer this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
In connection with your past or current use of one or more of our Products, Abyiss may provide you with certain incentives, prizes, or rewards for completing certain activities, such as completing a certain number of transactions ("User Rewards"). Details regarding the criteria for earning a reward will be described within the applicable Product or official Abyiss documentation. Upon satisfaction of the criteria for obtaining a reward and subject to your compliance with the associated rewards terms, this Agreement, and applicable law — to be determined exclusively by Abyiss— we will use commercially reasonable efforts to promptly transfer the earned reward to the digital wallet that you designate or have connected to the applicable Product. We reserve the right to change, modify, discontinue, or cancel any rewards programs (including the frequency and criteria for earning such User Rewards), at any time and without notice to you.
22.4 Not Registered with the SEC or Any Other Agency
Abyiss is not registered with the U.S. Securities and Exchange Commission as a national securities exchange or in any other capacity. You understand and acknowledge that we do not broker trading orders on your behalf. We also do not facilitate the execution or settlement of your trades, which occur entirely on public distributed blockchains like Ethereum. As a result, we do not (and cannot) guarantee market best pricing or best execution through our Products. Any references in a Product to "best price" do not constitute a representation of a warranty about pricing available through such Product, or elsewhere.
Abyiss may provide any notice to you under this Agreement using commercially reasonable means, including through public communication channels. Notices we provide through public communication channels will be effective upon posting.
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
23. Contact Information
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.