# Terms of Service

**Last modified: 13th August, 2024**

These Terms of Service (the “Agreement”) explain the terms and conditions by which you may access and use [https://sx.xyz](https://sx.xyz/) and any subdomains associated with the Website (collectively, the “Website”). Please read this Agreement carefully as it governs your use of the Website. By accessing or using the Website, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Website.

**NOTICE:** This Agreement contains important information, including a binding arbitration provision and a class action waiver, both of which impact your rights as to how disputes are resolved. The Website is only available to you if you agree completely with these terms.

**1. Introduction**

The Website provides access to a decentralized protocol on various public blockchains that allow users to trade digital assets (the “SphereX protocol” or the “Protocol”), among other services. The Website is one, but not the exclusive, means of accessing the Protocol.

To access the Website, you must use non-custodial wallet software, which allows you to interact with public blockchains. Your relationship with that non-custodial wallet provider is governed by the applicable terms of service of that third party, not this Agreement. Wallets are not operated by, maintained by, or affiliated with us, and we do not have custody or control over the contents of your wallet. By connecting your wallet to our Website, you agree to be bound by this Agreement.

**2. Modification of this Agreement**

We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any material modifications, we will notify you by updating the date at the top of the Agreement and by maintaining a current version of the Agreement at [https://sx.xyz/terms-of-service](https://sx.xyz/terms-of-service). All modifications will be effective when posted, and your continued use of the Website will serve as confirmation of your acceptance of those modifications.

**3. Description of Services**

The Website provides a web-based means of accessing the Protocol, which consists of open-source or source-available self-executing smart contracts deployed on various public blockchains. SphereX Labs Inc. does not control or operate the Protocol on any blockchain network. When using the Website, you understand that you are not buying or selling digital assets from us and that we do not operate any liquidity pools or control trade execution on the Protocol.

**4. Eligibility**

To access or use the Website, you must be able to form a legally binding contract with us. You represent that you are at least the age of majority in your jurisdiction and have the full right, power, and authority to enter into this Agreement.

You further represent that you are not (a) subject to economic or trade sanctions administered by any governmental authority or (b) a citizen or resident of a jurisdiction subject to comprehensive sanctions by the United States. Your use of the Website must comply with all applicable laws and regulations.

**5. Intellectual Property Rights**

SphereX Labs Inc. owns all intellectual property rights in the Website and its contents, including software, text, images, trademarks, service marks, and designs. By using the Website to post or display any content, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display that content for our business purposes.

**6. Prohibited Activities**

You agree not to engage in any of the following prohibited activities:

* **Intellectual Property Infringement**
* **Cyberattacks**
* **Fraud and Misrepresentation**
* **Market Manipulation**
* **Violations of Securities and Derivatives Laws**
* **Sale of Stolen Property**
* **Data Mining or Scraping**
* **Objectionable Content**
* **Any Other Unlawful Conduct**

**7. Non-Custodial and No Fiduciary Duties**

The Website is a non-custodial application, meaning we do not have custody or control of your digital assets. You are solely responsible for the custody of your private keys. This Agreement does not create any fiduciary duties on us. You agree that we owe no fiduciary duties to you.

**8. Assumption of Risk**

You acknowledge and accept that there are risks associated with using blockchain technology and the Protocol. These risks include, but are not limited to, market volatility, smart contract vulnerabilities, and the irreversible nature of blockchain transactions. By using the Website, you assume all risks associated with such use.

**9. Limitation of Liability**

Under no circumstances shall we be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of the Website or Protocol.

**10. Dispute Resolution and Governing Law**

Any dispute arising from this Agreement will be resolved through binding arbitration under the rules of the \[Insert Arbitration Body]. The laws of \[Insert Jurisdiction] govern this Agreement, and the courts of \[Insert Jurisdiction] shall have jurisdiction for any appeals of an arbitration award.

**11. Entire Agreement**

This Agreement constitutes the entire agreement between you and SphereX Labs Inc. and supersedes any prior agreements.
