Terms of Use

Effective Date: June 30th, 2024

Axiom Innovations LLC (“Axiom”, the “Company”, “we”, “us”, or “our”) provides consumer software services built on top of the Solana blockchain ecosystem. Our Services include but are not restricted to our web application, application programming interfaces, Solana blockchain infrastructure, and Solana smart contracts (the "Services"). The Services are primarily accessed through our website, https://axiom.trading, (the "Platform").

These Terms of Use (these “Terms” or this “Agreement”) (i) set forth the terms and conditions that govern your access to and use of the Platform and Services (defined below) and (ii) form a legally binding agreement between us and you and/or the entity you represent (“You,” “Your,” or “User,” and each of you and us, a “Party”).

ACCEPTANCE OF TERMS AND PRIVACY POLICY

Your use of the Platform or Services is conditioned upon your acceptance of these Terms. By accessing or using the Platform or Services in any manner, you expressly acknowledge and agree to be bound by these Terms and all terms incorporated herein by reference. Furthermore, by agreeing to these Terms, you certify that you are at least 18 years of age. Additionally, your agreement to these Terms constitutes your consent to the collection, use, disclosure, and other handling of information as described in our Privacy Policy, available at https://docs.axiom.trading/legal/privacy-policy (the “Privacy Policy”). The Privacy Policy is incorporated into these Terms by reference, and all references herein to the “Terms of Use,” the “Terms,” or this “Agreement” shall include a reference to the Privacy Policy.

ARBITRATION NOTICE

PLEASE NOTE THAT THESE TERMS OF SERVICE REQUIRE INDIVIDUAL ARBITRATION (SEE SECTION "MANDATORY ARBITRATION") FOR DISPUTE RESOLUTION, INSTEAD OF JURY TRIALS OR CLASS ACTIONS. ADDITIONALLY, THESE TERMS WILL LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Beta Testing Notice

Axiom's Platform is currently undergoing beta testing. Admission to this beta program is granted exclusively by Axiom and is non-transferable. You're permitted to use the Platform and its services strictly for lawful purposes. You recognize that the Platform, its capabilities, and data flow are part of a limited beta phase to evaluate early features and underlying architecture. The Platform is provided "as-is" and "as-available" for beta testing, aiming to gather feedback on quality and usability. During this beta period, Axiom may roll out new or updated pre-release features and trial services for your assessment. Axiom isn't obligated to offer specific beta features. If you opt to use these features, you agree to follow Axiom's set guidelines. Participating in the beta test binds you to these Terms as if the Platform were a finished product. Axiom reserves the right to terminate or modify any beta feature without notice. You understand that using beta features may prevent reverting to previous versions of similar functionalities. Even if reversion is possible, data created during beta testing might not be recoverable in older versions. Beta features may contain bugs or inaccuracies potentially causing failures, disruptions, downtime, data corruption, or loss. You acknowledge that your use of beta features is at your own risk, and you're bound by these Terms.

Feedback

We value and encourage your feedback, comments, ideas, and suggestions for enhancing the Platform and Services (“Feedback”). By providing Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license. This license allows us to use, reproduce, modify, create derivative works from, improve upon, and otherwise fully exploit and commercialize the Feedback, along with any resulting developments, in any way and for any purpose.\

Changes to Terms or Services

We reserve the right to modify the Terms at any time, at our sole discretion and without prior notice. If we make changes, we will make efforts to inform you by posting the updated Terms on the Platform, providing notice through the website, or using other reasonable communication methods. It is essential that you review the Terms whenever we update them, as your continued use of the Platform or Services after the modifications constitutes your acceptance of the revised Terms.

If you do not agree to the updated Terms, you must stop using the Platform and Service. As the Service evolves, we may change or discontinue all or any part of the Platform and Service at any time, without notice, and at our sole discretion. If you do not agree to the modified Terms, you must not use the Platform or Service.

Third-Party Services and Terms

When you use our Platform and/or Service, you may also be utilizing the functionality of third parties. Your use of these and other third-party software (“Third-Party Service”) will be governed by the privacy policies, terms of use, and similar policies and terms, as well as any applicable fees of those third parties. In the event that the terms of these third parties conflict with these Terms, these Terms will take precedence to the fullest extent permitted by law.

Who May Use the Services

You may only use the Platform or Services if you have reached the age of majority in your jurisdiction of residence and are not prohibited from using the Platform or Services under applicable law. By using the Platform or Services and agreeing to these Terms, you represent and warrant that:

• You are of legal age and have the legal capacity to enter into contracts. If you are entering into this Agreement on behalf of an entity, such as your employer, you represent and warrant that you have the legal authority to bind that entity to these Terms.

• Neither you nor any entity that owns or controls you is subject to sanctions or listed on any prohibited or restricted parties lists, including but not limited to those maintained by the United Nations Security Council, the BVI government, the United Kingdom government, the U.S. Government (such as the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or any other relevant governmental authority.

Account Registration and Your Information

To use the Platform and/or access the Services, you may need to create an account with us (“Account”). If you create an Account, you agree to keep your Account credentials confidential and not allow anyone else to use your Account. You must notify us immediately if you become aware of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you are aware of them, and you are solely responsible for your conduct and any tasks or activities you undertake on the Platform or using the Services.

We reserve the right to suspend or terminate your Account if you provide false, inaccurate, or incomplete information, or if you fail to comply with the Account registration requirements or these Terms (as they may be modified from time to time). Your access to and use of the Platform or Services may be suspended or terminated at any time, for any reason, at our sole discretion, without liability to you.

Responsibility for Digital Assets and Keys and their Security

The User is solely responsible to maintain access to their tokens, cryptocurrencies and other crypto or blockchain-based digital assets (collectively, "Digital Assets"). The private key(s) (the "Keys") that provide access to your blockchain accounts are only available in encrypted form on your device's browser's local storage used to access the Service (the storage system is to be referred to hereafter as "Device Storage"). Keys are made available for the User to view upon account creation and for as long as they are present in Device Storage. Warnings to save your Keys are available during account creation as Device Storage has no guarantees of permanence or availability. It is your sole responsibility for storage of and security of your Keys. The User is responsible for taking actions to store copies of Keys for the purpose of recovery of access to your Digital Assets. The Keys may be the only way to restore access to your Digital Assets if you lose access to your Account or clear/lose access to your Device Storage. Axiom can provide no guarantees to the permanence or availability of the Device Storage and thus cannot guarantee access to Keys. Note that anyone who has access to your Keys can access, transfer, or spend your Digital Assets. If you lose your Keys, you may not be able to access, transfer, or spend your Digital Assets, and they could be lost permanently.

Axiom does not store copies of Keys and does not custody your tokens, so Axiom cannot assist you in recovering your Digital Assets. You acknowledge and agree that Axiom is not responsible for the security of your Keys. You agree to hold Axiom, its affiliates, representatives, agents, and personnel harmless and that no such party shall be liable in any way if you lose your Keys and cannot access, transfer, or spend your Digital Assets, or if your Keys are accessed by another person who misuses your Digital Assets. You bear sole responsibility for any loss of your Digital Assets due to failure to retain and/or secure your Keys or other necessary credentials.

Content Ownership, Responsibility, and Removal

For these Terms' purposes: (i) "Content" encompasses text, graphics, images, music, software, audio, video, works of authorship, and any information available through our Platform or Services; (ii) "User Content" refers to any material that users or account holders (including you) upload, submit, store, send, post, or make available via our Platform, Site, or integrated channels. Content includes, without limitation, User Content.

We do not claim ownership over User Content, and these Terms do not restrict your rights to use your contributions. Unless explicitly stated otherwise in writing, Axiom does not endorse, promote, evaluate, verify, authorize, or solicit any User Content. User Content may be protected by constitutional or other legal provisions and shall not be interpreted as solicitation.

Axiom and its licensors exclusively own all rights, titles, and interests in and to the Platform, Services, and Content, including associated intellectual property rights, excluding User Content. The Platform, Services, and Content are protected by copyright, trademark, and other U.S. and international laws. You agree not to remove, alter, or obscure any proprietary notices on the Platform, Services, or Content.

Axiom does not author, moderate, or review User Content. Any aggregation or summary of User Content, whether processed by AI tools or other Axiom-generated software, remains classified as User Content. Neither Axiom nor its representatives endorse or hold views on any particular Digital Asset. You acknowledge that Axiom does not control or moderate User Content, and any views expressed are solely those of the author. While Axiom may aggregate, summarize, or comment on User Content, such compilations are for convenience and do not reflect the views of Axiom, its employees, or affiliates.

Rights in User Content Granted by You

You grant Axiom a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, create derivative works from, publicly display, and publicly perform your User Content, in accordance with the Privacy Policy.

You represent and warrant that you have the right and authority to submit your User Content, and that neither your User Content nor any part of it infringes, misappropriates, or otherwise violates any intellectual property rights or other rights of any person.

You acknowledge that, in certain instances, even after you have removed your User Content by specifically deleting it, some of your User Content (such as posts or comments) may not be completely removed, and copies of your User Content may persist on the Service. Axiom bears no responsibility or liability for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights Platform and Service Granted by Axiom

Axiom and its partners exclusively own the Platform and Service, which must be used strictly according to these Terms. Axiom provides you a restricted, personal right to use the App and Platform solely for accessing the Service as per these Terms. Service usage is for your individual use only. Creating a commercial application using the Service requires Axiom's explicit written approval.

You commit to using the Platform and Service only as explicitly allowed in this Agreement. Unless specifically authorized, you agree not to: (i) alter or create derivatives of Service Content (except where separately licensed), (ii) deconstruct the App or Platform's software, (iii) use the Service to avoid fees or exceed limits, (iv) extract data through automated means, or (v) resell or offer the Service through alternative models. Using Axiom's branding requires prior written consent. You'll avoid misrepresenting our relationship or implying any endorsement. You won't suggest any affiliation between us.

Fees

Accessing certain Service aspects may incur fees, including charges for token exchanges facilitated by third-party platforms, fees from our platform, and fees for using the Solana network infrastructure. These fees can change without warning. Estimated total costs will be displayed when you use the Service.

Third-party functionality might involve additional charges. For instance, decentralized apps accessed through the App, including via the buy/sell features, may levy fees. Axiom bears no responsibility for any third-party charges or fees related to external services linked to or accessed via the Platform or Service.

While the Service aims to provide accurate transaction estimates, these are preliminary and may differ from actual costs for using the Service and interacting with Solana or other compatible networks. You acknowledge that these estimates aren't guaranteed and may be inaccurate at times. Particularly for the buy and sell functionalities, you understand that exchange rates and prices are estimates subject to change. Thus, rates and prices shown in the Service are approximations and may be imprecise. Axiom cannot be held accountable for, and you release Axiom from, any losses or liabilities stemming from inaccurate fee estimates related to any Service use.

NO INVESTMENT ADVICE

WE MAY PROVIDE THIRD-PARTY-SOURCED DIGITAL ASSET DATA VISIBLE THROUGHOUT THE PLATFORM. WE MAY LABEL WARNINGS OR RESTRICT SERVICE INTERACTIONS WITH CERTAIN ASSETS. THE INFORMATION PROVIDED IS NOT A SOLICITATION FOR USER-INITIATED SWAPS; WE ARE NOT PROMOTING ANY ACTIONS THROUGH THIS DATA. ALL PRODUCT INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE INVESTMENT ADVICE OR SAFETY ENDORSEMENTS. DO NOT MAKE ANY INVESTMENT DECISIONS BASED ON OUR PRODUCT INFORMATION. OFFERING TOKEN DATA DOES NOT IMPLY INVESTMENT RECOMMENDATIONS OR ENDORSEMENTS OF ANY TRANSACTIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE SUITABILITY OF INVESTMENTS BASED ON YOUR PERSONAL SITUATION. AXIOM EXPRESSES NO OPINIONS ON SPECIFIC TOKENS, TRADING STRATEGIES, PROTOCOLS, OR SYSTEMS.

Acceptable Use and Enforcement Rights

As a prerequisite for Platform and Service usage, you commit to avoiding:

• Transmitting unlawful or prohibited communications like bulk messaging, auto-messaging, auto-dialing, and similar practices;

• Evading, circumventing, disabling, or impairing any technological measures implemented by us, our service providers, or third parties to safeguard the Service or Content;

• Engaging in illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, or racially/ethnically offensive activities, or inciting conduct that would be unlawful or inappropriate, such as promoting violent crimes;

• Infringement or misuse of Axiom's, its licensors', our users', or others' rights, including privacy, publicity, intellectual property, or additional entitlements;

• Disrupting or attempting to interfere with any user's, host's, or network's access to the Service, including but not limited to spreading viruses, overloading, flooding, spamming, or mail-bombing;

• Concealing your location via IP proxying or other methods;

• Disseminating falsehoods, misrepresentations, or deceptive statements, including impersonation;

• Bypassing content-filtering techniques, security measures, or access controls employed by Axiom on the Platform or Service;

• Actions that could hinder, disrupt, negatively affect, or prevent other users from enjoying the Service, or potentially damage, disable, overburden, or impair Platform or Service functionality;

• Violating any applicable laws or regulations, including but not limited to anti-money laundering, anti-proliferation, anti-terrorism financing laws, sanctions programs such as the U.S. Bank Secrecy Act, those enforced by the U.S. Department of Treasury's Office of Foreign Assets Controls, other Export Control Laws, and those of the British Virgin Islands;

• Encouraging or enabling others to engage in any of the aforementioned activities.

By utilizing the Platform or Service, you further affirm, warrant, and pledge that:

• You will refrain from providing false, inaccurate, or misleading information while using the Platform or Service, and won't engage in activities aimed at defrauding the Company, other Service users, or any individuals or entities;

• Any Digital Assets transferred via the Platform and Service have been legally acquired and belong to you;

• Digital Assets used in connection with the Service are either owned by you or you're legitimately authorized to perform actions with such assets;

• You won't use the Service to transfer or exchange Digital Assets directly or indirectly derived from criminal or fraudulent activities, including but not limited to terrorism or tax evasion;

• You'll cover all fees required for interacting with the Solana blockchain or any other compatible network, including "gas" costs, as well as all fees charged by us for Platform and Service usage.

Although we're not obligated to monitor User Content, we retain absolute discretion to remove it at any time without notice. You acknowledge that Platform and Service use, including Telegram channels where the Service may be available, might expose you to offensive, indecent, or objectionable User Content. We assume no responsibility or liability for any User Content, including potential loss or damage to your User Content.

You agree to adhere to all applicable U.S. and non-U.S. export control and trade sanctions laws ("Export Laws"). This includes refraining from Platform use or Service access if you're in, under the control of, or a national/resident of Cuba, Iran, North Korea, Sudan, Syria, or any country subject to United States embargo, UN Security Council Resolutions, HM Treasury's financial or other sanctions regime. The same applies if you're on the U.S. Treasury Department's Specially Designated Nationals List, U.S. Commerce Department's Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime. Additionally, you must not intend to supply any Service to the aforementioned countries, their nationals/residents, or individuals on the specified lists.

Third Party Service

Axiom utilizes Third-Party Software in its Service provision. For a comprehensive list of Third-Party software employed by Axiom in its Services, you may contact [e-mail], and we will furnish the relevant information.

By using Axiom's Services, you acknowledge and consent to be bound by any terms of service of any Third Party Software. To the fullest extent permitted by applicable law, and notwithstanding any conflicting provisions in the Terms of Service of any Third Party Software, any liability arising from a third party application failure shall be the sole responsibility of that Third Party Software provider, not Axiom.

The Platform and Service may incorporate links to or utilize Third-Party Services (including, but not limited to, decentralized applications), and may integrate with such Third-Party Services to enable certain features, such as buying and selling tokens. We offer access to Third-Party Services that offer buying and selling of tokens solely for your convenience. You may choose to access these Third Parties' software independently. We do not control any Third Party's content or functionality and do not endorse or guarantee the availability or legitimacy of content, products, or functionality made accessible via any function provided by Third Parties (including any associated website, resources, or links displayed therein). While there are various methods to perform the functions provided by the Services, Axiom offers one method to its Users for convenience purposes. You acknowledge that this convenience may come at the expense of optimal security measures.

You recognize that Axiom does not claim its Services are more secure than top-tier security protocols such as cold wallet storage. You may consult Digital Asset security professionals for more information. You acknowledge that Axiom Services and Service operation depends on the proper functioning of the Third-Party software Axiom relies upon. We cannot and do not make any warranties or representations, express or implied, regarding the buying or selling of tokens, or the Solana blockchain, or any other blockchain networks Axiom utilizes, or other Third Party-generated software. We make no claims about the suitability, accuracy, or functionality of Third Parties' software or information they use. You accept sole responsibility for and assume all risks arising from your use of the Service, including any Third-Party website, application, or resource. You are solely responsible for conducting due diligence on Third-Party Services to ensure the associated risks align with your individual needs.

Axiom Affiliates and Referrals

Axiom offers an affiliate and referral program that rewards you for introducing new users to our platform. By taking part, you consent to these conditions. The program is accessible to all registered Axiom users in good standing, with no history of fraudulent behavior. Each participant receives a unique referral link, which can be shared on social media, websites, or with personal contacts. Your earnings are determined by the activities and transactions of the users you refer. Referral rewards can be claimed through initiating a Solana transaction through the Platform. We reserve the right to alter earnings and payout rates at our discretion. Before being claimed, earnings are in no way guaranteed and may be removed. The program may feature multiple tiers with different benefits and earning rates. Axiom maintains the right to modify, pause, or end the affiliate and referral program at any time without advance notice. Program changes will be communicated via our website. Participants must refrain from spam or any unsolicited promotional activities. Misrepresentation or fraudulent actions are strictly forbidden and will lead to program disqualification. We do not guarantee any specific earnings or outcomes from program participation. Joining the program does not establish any partnership or employment relationship between you and Axiom. These terms are subject to the laws of the jurisdiction where Axiom operates. By participating in the Axiom affiliate and referral program, you acknowledge and agree to these terms and any future amendments.

Third-Party Resources and Promotions

Axiom's Service might include references or links to external resources, such as information, materials, products, or services, that Axiom doesn't own or control. Furthermore, external parties may offer promotions related to your access and use of Axiom's Products. Axiom doesn't approve, monitor, endorse, warrant, or assume any responsibility for these external resources or promotions. Should you access such resources or participate in such promotions, you do so at your own risk, understanding that this Agreement doesn't apply to your interactions or relationships with any third parties. You explicitly release Axiom from any and all liability stemming from your use of these resources or involvement in these promotions.

Warranty Disclaimers

YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM, SERVICES, AND CONTENT IS AT YOUR OWN RISK, AND THAT THE ENTIRE RESPONSIBILITY FOR SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT LIES WITH YOU. THE APP, SITE, AND FUNCTIONALITY ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AXIOM SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. AXIOM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE OR SERVICES OR ANY MATERIALS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. AXIOM MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AVAILABILITY OR FUNCTIONALITY OF THE SOLANA NETWORK, OR THAT THE SOLANA NETWORK WILL OPERATE FREE FROM INTERRUPTIONS, DELAYS, DEFECTS, AND/OR ERRORS THAT MAY DELAY, HINDER, OR PREVENT THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO OR ON THE SOLANA NETWORK, OR ANY OTHER NETWORK. THE DURATION OF ANY IMPLIED WARRANTY THAT IS NOT EFFECTIVELY DISCLAIMED WILL BE LIMITED TO THE LONGER OF (I) THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE THE APPLICABLE SERVICE AND (II) THE SHORTEST PERIOD ALLOWED UNDER APPLICABLE LAW. SOME STATES / JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

No Professional Advice or Fiduciary Duties

All information provided in relation to your access and use of Axiom's Platform and Service should not and cannot be interpreted as legal, financial, or professional advice. You should avoid taking any action based on information found on Axiom's Platform, in the Service, or in any other information Axiom makes available, including but not limited to blog posts, articles, links to third-party content, Discord or Telegram content, news feeds, tutorials, Tweets/X posts, and/or videos. Before making any financial, legal, or other decisions involving Axiom's Platform or Service or their use, you should seek guidance from an independent professional who is licensed, credentialed, and qualified in the relevant area. Axiom's Terms are not designed to create or impose any fiduciary duties on Axiom, nor are they intended to replace professional advice. You further acknowledge that Axiom's only duties and obligations are those explicitly stated in these Terms (including the Privacy Policy).

Not Registered with the SEC or Any Other Agency

Axiom is not registered with the U.S. Securities and Exchange Commission as a national securities exchange or with any other governmental agency in any capacity. Axiom provides software services. Axiom does not custody Digital Assets or your private keys. Axiom does not match or settle trades. You understand and acknowledge that Axiom does not solicit trades or broker trading orders on your behalf. Axiom also does not facilitate the execution or settlement of your trades, which occur entirely on public distributed blockchains like Solana or Ethereum. Consequently, Axiom does not (and cannot) guarantee market best pricing or best execution through its Services or when buying or selling tokens, which routes trades across liquidity pools as performed by decentralized exchanges by using APIs or other plugins provided and maintained by Third Parties. Any information on an Axiom app that displays an anticipated 'price' or 'rate' of a swap does not constitute a representation or warranty about pricing available through the Service.

Indemnity

You agree to indemnify, defend, and hold harmless Axiom, its affiliates, and their respective officers, directors, employees, agents, and representatives (collectively referred to as the "Axiom Parties") from and against any and all claims, disputes, demands, liabilities, damages, losses, and expenses, including but not limited to reasonable legal and accounting fees. This indemnification applies to any issues arising from or related to (i) your access to or use of the Platform, Service, or Content, (ii) your User Content, (iii) Third Party Services, or (iv) any violation of these Terms on your part. Your obligation to protect and compensate the Axiom Parties extends to all matters connected with these four categories.

No Custody and No Ownership

In its role as a software service provider, Axiom does not act as a custodian of your Digital Assets. Axiom develops software solutions aimed at simplifying your personal custody and Digital Asset management objectives. Without explicit cryptographic signatures from users, Axiom lacks the capability to access, move, or transfer Digital Assets on your behalf. Ownership and control of your Digital Assets, excluding any legitimately earned fees by Axiom, remain with you at all times and are not transferred to Axiom. As the owner of Digital Assets used in conjunction with the Services, you bear all risk of loss associated with these assets. Axiom bears no responsibility for Digital Asset fluctuations. None of the Digital Assets used in connection with the Services are Axiom's property, nor shall they be loaned or transferred to Axiom. Axiom does not claim ownership or treat Digital Assets linked to Keys generated through your use of the Services as belonging to Axiom. You maintain sole control over your Keys, and only you can transfer the Digital Assets associated with those Keys. For enhanced security, you are encouraged to revoke any approval or connection to Axiom's Service at any time, or transfer your digital assets to another custodian or Digital Asset management tool such as a cold wallet.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL AXIOM BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR FROM ANY AUTHORIZED OR UNAUTHORIZED USE OF THE SITE, THE APP, OR THE SERVICES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF AXIOM HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. AXIOM 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 THE APP, SITE OR SERVICES.

DIGITAL ASSETS ARE AN EMERGING TECHNOLOGY AND ARE OFTEN VULNERABLE TO SECURITY COMPROMISES OR HACKS. YOU UNDERSTAND AND WAIVE ANY SUCH RISK IN USING THE SERVICES.

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 THE AXIOM PARTIES' 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 ($USD100.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTIONS.

Acknowledgment of Certain Risks, Other Disclaimers, and Release of Claims

By accessing and using the Service, you affirm your understanding of the inherent risks associated with cryptographic and blockchain-based systems, and your working knowledge of Digital Assets usage and intricacies. You acknowledge the high volatility of Digital Asset markets due to factors including adoption, speculation, technology, security, and regulation. You accept that transaction costs and speeds on cryptographic and blockchain-based systems like Solana can vary dramatically. You acknowledge the risk of your Digital Assets losing value and potential losses due to price fluctuations, including those acquired through Third-Party exchanges via the Swap Function. You understand the risks of fake or fraudulent Digital Assets and acknowledge that Axiom doesn't endorse or vet any Digital Assets. You agree that Axiom isn't responsible for these risks or resulting losses.

Government or regulatory actions could impact the Platform, Service, and your Digital Assets, potentially limiting Axiom's ability to provide its software and your ability to use the Service.

You recognize that advances in cryptography, including quantum computing, may pose risks to Digital Assets and the Service. Axiom intends to update its smart contracts and features to address such risks, but this isn't a binding commitment or guarantee of full security.

You understand the ongoing development of the Solana blockchain (and other compatible networks) creates technological and security risks when using the Service. You acknowledge potential increases in transaction costs and fees, both to the Solana network and to Axiom. Axiom's fees are considered earned and final, and subject to change without notice.

You acknowledge that the Service may have flaws and that you're responsible for evaluating any code provided. Axiom's warnings don't indicate an ongoing duty to alert you of potential risks. You accept the risks associated with Third-Party Software that Axiom relies on, including integration attempts and failures.

While Axiom aims to provide accurate and timely information, the Platform and Service information may not always be accurate, complete, or current. Information may change without notice. You should verify all information before relying on it, and decisions based on such information are your responsibility. No representation is made regarding the accuracy or appropriateness of pricing or other information.

References to Digital Assets on the Platform don't indicate Axiom's approval or disapproval of the underlying technology.

Using the Service carries financial risk. Digital Assets are experimental, risky, and volatile. Transactions are irreversible and final. You access and use the Platform and Service at your own risk. You represent that you have sufficient knowledge and experience to evaluate the risks of transactions and Digital Assets. You accept all consequences of using the Service, including potential indefinite loss of access to your Digital Assets.

Axiom is a software developer, not a broker, dealer, arranger, or Digital Asset exchange platform. It doesn't oversee, involve itself in, or control your transactions. It's not a custodian of Digital Assets or a Qualified Custodian. Transactions occur peer-to-peer through smart contracts. You're responsible for complying with all applicable laws and reporting taxes.

You understand that Axiom and the Swap Function aren't registered or licensed by financial regulatory authorities. The Swap Function initiates user-requested swaps on third-party software. Axiom doesn't provide financial advice or act as an investment manager, adviser, arranger, introducer, or commodity trading adviser.

You expressly assume all risks connected with your use of the Platform and Service and waive and release the Axiom Parties from any related liability, claims, or damages. California residents waive the benefits and protections of California Civil Code § 1542.

Governing Law

These Terms shall be construed and enforced in accordance with the laws of the state of California applicable to contracts entered into and performed in California by residents thereof; provided that all provisions hereof related to arbitration shall be governed by and construed in accordance with the Federal Arbitration Act (U.S. Code Title 9).

Mandatory Arbitration

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The place of arbitration shall be Santa Clara County, CA. The arbitration shall be governed by the laws of the State of California. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 120 days. Arbitrator(s) shall agree to these limits prior to accepting appointment. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section.

Each party shall bear its own costs and expenses and an equal share of the arbitrators and administrative fees of arbitration. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.

Notwithstanding any language to the contrary in the contract documents, the parties hereby agree: that the Underlying Award may be appealed pursuant to the AAA's Optional Appellate Arbitration Rules ("Appellate Rules"); that the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an Underlying Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.

Before filing a claim for arbitration, the parties agree to try to resolve the Dispute informally by contacting each other to provide notice of the potential claim and sufficient details to enable understanding of the concerns raised. The party providing notice of the actual or potential Dispute (the "Notifying Party") will include in that notice (a "Notice of Dispute") their name, any relevant account information, contact information for communications relating to such Dispute (including for legal counsel if represented), and sufficient details regarding the Dispute to enable the other party (the "Notified Party") to understand and evaluate the concerns raised. If the Notified Party responds within ten (10) business days after receiving the Notice of Dispute that it is ready and willing to engage in good faith discussions to resolve the Dispute informally, then each party shall promptly participate in such discussions in good faith. If the Dispute is not resolved within 30 days after the Notice of Dispute is sent (or if the Notified Party fails to respond to the Notice of Dispute within ten (10) business days), the Notifying Party may initiate arbitration proceedings.

This agreement to arbitrate shall survive the termination or expiration of this contract. The arbitration will proceed on an individual basis. The parties waive any right to bring claims as part of a class, group, collective, coordinated, consolidated, or mass arbitration. Neither party shall be entitled to consolidate, join or coordinate disputes by or against other individuals or entities, or arbitrate or litigate any dispute in a representative capacity, including as a representative member of a class or in a private attorney general capacity. Any challenge to the validity of this paragraph shall be determined exclusively by the arbitrator.

In the event that the agreement to arbitrate is found not to apply to a party or Dispute, any judicial proceeding may only be brought in a court of competent jurisdiction in Santa Clara County, California. Both parties consent to venue and personal jurisdiction there. Either party may seek provisional relief in aid of arbitration to enforce its intellectual property rights or bring an action to confirm an arbitral award in any court having jurisdiction.

If you do not wish to be subject to this agreement to arbitrate, you may opt out of this arbitration provision by sending a written notice within thirty (30) days of first accepting this Agreement. You must date the written notice, include your first and last name, address, and a clear statement that you do not wish to resolve disputes through arbitration. If no written notice is submitted by the 30-day deadline, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except with regard to the exceptions set forth in this agreement.

Force Majeure

Except for payment obligations, neither Axiom nor you will be liable under this agreement due to any failure or delay in performing obligations caused by events beyond the reasonable control of the affected party. Such events may include natural disasters, fires, epidemics, pandemics, riots, war, terrorism, denial of service attacks, internet outages, labor shortages, and judicial or government action.

General Terms; Severability

These Terms (including the Privacy Policy) constitute the complete and exclusive understanding and agreement between Axiom and you regarding the Platform, Service, and Content, superseding and replacing all prior oral or written understandings or agreements between Axiom and you on these matters. Except for the provisions pertaining to Collective Arbitration, if any part of these Terms is deemed invalid or unenforceable (by an appointed arbitrator or a court of competent jurisdiction), that provision will be enforced to the maximum extent permissible, with the remaining provisions of these Terms remaining in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to do so without such consent will be null, void, and ineffective. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and benefit the parties, their successors, and permitted assigns.

Any notices or other communications we provide under these Terms, including those regarding modifications to these Terms, will be given by posting to the Platform and/or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with your Account and/or your use of the Platform and Service.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Axiom. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

These Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.

Contact Information

If you have any questions about these Terms or the Service, please contact us at [e-mail].