Terms of Use

These Terms of Use ("Terms") explain the terms and conditions by which you may access and use this website-hosted user interface ("Interface"), available at app.afx.xyz. The Interface is made available by AFX Foundation ("Foundation", "we", "us" or "our"). You must read these Terms carefully as they govern your use of the Interface. By accessing and using the Interface, you expressly represent and acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree, you are not authorized to access or use the Interface. 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 Interface is only available to you — and you should only access the Interface — if you agree completely with these Terms. 1. THE INTERFACE 1.1 The Interface facilitates interaction with the AFX decentralized protocol and its associated on-chain infrastructure ("AFX Protocol"). The Foundation does not own, control, or operate the AFX Protocol, nor can it modify or interfere with its functionality, security, or availability. The Interface is not the exclusive means of accessing the AFX Protocol. 1.2 All transactions conducted on the AFX Protocol are executed by a decentralized set of validators and smart contracts. The Foundation is solely a provider of the Interface. Markets, instruments, and assets displayed through the Interface — including those made available through permissionless deployment mechanisms — are surfaced based on on-chain activity and are not reviewed, verified, or approved by the Foundation. The Foundation has no involvement in the execution of transactions and expressly disclaims any liability for losses or damages arising from or related to any interaction with, or actions taken on, the AFX Protocol through the Interface. 1.3 To use the Interface, you must use a non-custodial wallet, which allows you to access public blockchains and interact with them. You should consult the terms of service provided by your wallet provider. The Foundation has no control over, and assumes no responsibility for, your wallet or any assets held within it. You are solely responsible for the security of your wallet and your private keys, including your recovery phrase or seed phrase. The Foundation does not have access to your recovery phrase, private key(s), or other credentials. Losing control of your recovery phrase or private key(s) will permanently and irreversibly deny you access to digital assets on the applicable blockchain. Neither the Foundation nor any other person will be able to retrieve or protect your digital assets if your credentials are lost or compromised. 1.4 By using the Interface, you acknowledge and agree that all use of the Interface, and any interaction with the AFX Protocol through the Interface, is entirely at your own risk. You are solely responsible for any losses, costs, or liabilities that arise from such use, including, but not limited to, losses resulting from smart contract bugs, market volatility, liquidations, or network failures. 1.5 The Interface is not available to "Restricted Persons." For the purposes of these Terms, Restricted Persons include: (a) persons or entities who reside in, are located in, are incorporated in, or have a registered office in any jurisdiction subject to comprehensive economic sanctions or trade embargoes imposed by the United States, the United Kingdom, the European Union, or the United Nations, including but not limited to Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine; (b) persons or entities included on any sanctions list, including the Specially Designated Nationals and Blocked Persons List administered by OFAC, the Consolidated List of Financial Sanctions Targets administered by His Majesty's Treasury, or any equivalent list; (c) persons or entities that are citizens or residents of, or entities organized or chartered in, the United States of America, Ontario (Canada), or People's Republic of China; and (d) persons or entities that access the Interface through a VPN, proxy, or other means to circumvent these geographic restrictions. By accessing the Interface, you represent and warrant that you are not a Restricted Person. 1.6 You are solely responsible for determining whether your access to and use of the Interface complies with applicable laws and regulations in your jurisdiction, including, but not limited to, laws governing securities, commodities, financial services, anti-money laundering, counter-terrorist financing, and tax obligations. 1.7 To access or use the Interface, 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 (e.g., 18 years of age) and have the full right, power, and authority to enter into and comply with the terms and conditions of these Terms on behalf of yourself and any company or legal entity for which you may access or use the Interface. If you are entering into these Terms on behalf of an entity, you represent to us that you have the legal authority to bind such entity. 1.8 We may make the Interface, including access to our APIs and data, accessible through interfaces, products, or services provided by certain third-party partners, such as exchanges, aggregators, and trading platforms (each a "Third-Party Partner"). Your use of the Interface through a Third-Party Partner interface is nonetheless subject to the terms and conditions of these Terms. 1.9 The Interface may be integrated with, or otherwise give access to, applications, services, sites, technology, data, and resources provided by third parties ("Third-Party Services"). The Foundation has no control over Third-Party Services and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Any user of Third-Party Services should assume that the Foundation has not verified the safety or legitimacy of any Third-Party Service. It is your responsibility to fully understand the nature and risks of any Third-Party Service before using it. The integration or inclusion of Third-Party Services does not imply an endorsement or recommendation by the Foundation. Your access and use of Third-Party Services may be subject to additional terms, conditions, and privacy policies of such third parties, and you agree to comply with all such applicable terms. You, and not the Foundation, will be responsible for any costs and charges associated with your use of any Third-Party Services. 1.10 The Foundation may make available automated chat or AI-assisted support tools ("Support Tools") to assist with general questions and navigation. You understand and acknowledge that any Support Tool is an automated system and may generate responses that are inaccurate, incomplete, or outdated. Support Tools do not provide legal, financial, investment, or tax advice. The Foundation does not control, monitor, or verify the accuracy, completeness, or suitability of any content generated by Support Tools, and you agree that you will not rely on such content for any legal, financial, technical, or other professional purpose. To the fullest extent permitted by law, the Foundation will not be liable for any loss, damage, or claim arising from your use of or reliance on any content provided through Support Tools. Do not submit confidential, personal, or sensitive information through any Support Tool. 1.11 The Interface is a purely non-custodial application, meaning the Foundation does not ever have custody, possession, or control of your digital assets at any time. 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 the Interface will operate with any specific wallet. These Terms are not intended to, and do not, create or impose any fiduciary duties on the Foundation. To the fullest extent permitted by law, you acknowledge and agree that the Foundation owes 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. The only duties and obligations the Foundation owes you are those set out expressly in these Terms. 2. NO WARRANTIES 2.1 The Interface is provided on an "as is" and "as available" basis without warranties of any kind, either express, implied, statutory, or otherwise, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Foundation does not warrant that the Interface will be uninterrupted, error-free, secure, or free of viruses or other harmful components. 2.2 You expressly understand and agree that you are solely responsible for evaluating and accepting the risks involved in using the Interface, as well as the risks associated with digital assets and decentralized protocols. The Foundation does not guarantee the accuracy, completeness, or timeliness of any information presented through the Interface. 2.3 You agree that you will have no recourse against anyone else for any losses due to your use of the Interface. Such losses may include, but are not limited to, those arising from or relating to: (a) smart contract vulnerabilities, exploits, or failures; (b) on-chain transaction errors, including failed transactions or transactions executed at unintended prices; (c) network congestion, outages, or forks; (d) loss of private keys or unauthorized access to your wallet; (e) regulatory actions or restrictions affecting the use of digital assets; (f) market volatility, liquidity constraints, or price manipulation; and (g) any other risks inherent to the use of decentralized technologies. 2.4 By using the Interface, you acknowledge and accept full responsibility for all of the risks involved in accessing and using the Interface or interacting with the AFX Protocol, including, without limitation, the risk of complete loss of all digital assets. You represent and warrant that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems. 2.5 By using the Interface, you represent and warrant that all digital assets you use are legally obtained and under your sole control. You are solely responsible for securing your private keys, wallet credentials, and any other authentication mechanisms associated with your accounts. 2.6 Cryptography is a progressing field. Advances in code-cracking or other technical developments, such as the development of quantum computers, may present risks to digital assets and the AFX Protocol, and could result in the theft or loss of your digital assets. To the extent possible, the Foundation intends to update the Interface to account for any advances in cryptography and to incorporate additional security measures, but does not guarantee or otherwise represent that it will do so. You acknowledge and accept this risk. 2.7 Although the Interface endeavors to provide connectivity to data feeds that enable users to have an accurate estimate of applicable prices and fees, any such information is an advance estimate, may not be complete, may change at any time, and may vary from the actual prices or fees ultimately paid. The Foundation will not be held liable for any losses or other liabilities arising from an inaccurate estimate of prices or fees provided in connection with any functionality of the Interface. 3. PROHIBITED ACTIVITY 3.1 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 Interface: 3.1.1 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 applicable laws of any jurisdiction. 3.1.2 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 the deployment of viruses, denial-of-service attacks, and other methods of digital disruption. 3.1.3 Fraud and Misrepresentation. Activity that seeks to defraud us 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 or to misrepresent your identity or eligibility to use the Interface. 3.1.4 Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including, but not limited to, manipulating trading volumes or prices, wash trading, spoofing, layering, front-running, rug pulls, pumping and dumping, or engaging in any other deceptive or manipulative trading practices. 3.1.5 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 or margined commodity products to retail customers in any jurisdiction where such activities are prohibited. 3.1.6 Sale of Stolen Property. Buying, selling, or transferring of stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained digital assets. 3.1.7 Data Mining or Scraping. Activity that involves data mining, robots, scraping, or similar data gathering or extraction methods of content or information from any part of the Interface without our prior written consent. 3.1.8 Circumvention of Restrictions. Activity that attempts to bypass, evade, or circumvent any restrictions imposed by the Interface or the Foundation, including using VPNs, proxy servers, or other anonymizing tools to access the Interface from a restricted jurisdiction, or creating multiple accounts to circumvent per-account limitations. 3.1.9 Money Laundering and Sanctions Violations. Activity that involves or facilitates money laundering, terrorism financing, proliferation financing, or any other illegal financial activity, including transactions involving assets owned or controlled by sanctioned persons or entities. 3.1.10 Exploitation of Vulnerabilities. Activity that exploits any errors, bugs, vulnerabilities, or unintended features of the Interface, the AFX Protocol, or any associated code, including attempts to gain unauthorized access, extract funds, or otherwise benefit at the expense of other users or the protocol. 3.1.11 Automated or High-Frequency Abuses. Activity that employs bots, scripts, or other automated methods to interact with the Interface in ways that exceed reasonable usage, bypass rate limits, cause undue server load, or otherwise degrade the quality of service for other users. 3.1.12 Manipulation of Leverage and Liquidation Processes. Activities designed to exploit vulnerabilities in the leverage or liquidation mechanisms of the AFX Protocol, including coordinated efforts to trigger liquidations artificially, manipulate oracle prices, or otherwise destabilize protocol operations. 3.1.13 Objectionable Content. Activity that involves soliciting information from anyone under the age of 18 or that is otherwise harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable. 3.1.14 Any Other Unlawful Conduct. Activity that violates, attempts to violate, or facilitates the violation of any applicable law, regulation, rule, or governmental order, including, but not limited to, securities laws, commodities laws, tax laws, and privacy laws. 3.2 By engaging in any prohibited activity, whether intentional or inadvertent, you agree to indemnify and hold harmless the Indemnified Parties (as defined in Section 10) from and against any and all claims, losses, damages, fines, penalties, and other liabilities arising out of or relating to such prohibited activity. 4. NO PROFESSIONAL ADVICE 4.1 Any information provided by the Interface is for informational purposes only and should not be construed as professional, technical, operational, investment, financial, legal, tax, or other advice. The Foundation does not provide investment advice and nothing on the Interface constitutes a solicitation, recommendation, endorsement, or offer to buy, sell, or hold any digital asset. 4.2 Any content, information, or data made available through the Interface may be incomplete, outdated, or subject to inaccuracies. You are solely responsible for verifying the accuracy and relevance of any information before making any decision based upon it. 4.3 Nothing in these Terms, or provided by the Interface, establishes a fiduciary, advisory, or client relationship between the Foundation and any user. The Foundation explicitly disclaims any duty to provide investment, legal, tax, or financial advice to any user. 4.4 You acknowledge and agree that you are solely responsible for determining, reporting, and paying any taxes applicable to your use of the Interface. Your use of the Interface may result in various tax consequences, such as income or capital gains tax, value-added tax, goods and services tax, or sales tax in certain jurisdictions. It is your responsibility to determine whether taxes apply to any transactions you initiate or receive and, if so, to report and/or remit the correct tax to the appropriate tax authority. 4.5 You agree and understand that: (a) all trades you submit through the Interface are considered unsolicited, which means they are solely initiated by you; (b) you have not received any investment advice from the Foundation in connection with any trades; and (c) the Foundation does not conduct a suitability review of any trades you submit. 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. 4.6 The Foundation is not registered with the U.S. Securities and Exchange Commission, the Financial Conduct Authority, or any other financial regulatory authority as a national securities exchange, broker-dealer, investment adviser, or in any other regulated capacity. You understand and acknowledge that the Foundation does not broker trading orders on your behalf. The Foundation also does not facilitate the execution or settlement of your trades, which occur entirely on public distributed blockchains. As a result, the Foundation does not and cannot guarantee market best pricing or best execution through the Interface. 5. INTELLECTUAL PROPERTY RIGHTS 5.1 The Foundation owns all intellectual property and other rights in the Interface and its respective contents, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, designs, and its "look and feel." Subject to the terms of these Terms, the Foundation grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Interface solely in accordance with these Terms. You agree that you will not use, modify, distribute, tamper with, reverse engineer, disassemble, or decompile any of the Interface for any purpose other than as expressly permitted pursuant to these Terms. Except as set forth in these Terms, we grant you no rights to any of the Interface, including any intellectual property rights. 5.2 By using the Interface, you grant the Foundation a worldwide, non-exclusive, sublicensable, royalty-free, perpetual, irrevocable 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, or data, that you submit to or through the Interface for our current and future business purposes, including to provide, promote, and improve our services. You represent and warrant that you have all rights, licenses, consents, and permissions necessary to grant the rights granted herein for any content you submit. 5.3 The Foundation will process and investigate notices of alleged intellectual property infringement and will take appropriate actions under the industry standards and other applicable intellectual property laws with respect to any alleged or actual infringement by any content made available through the Interface. A notification of alleged copyright or trademark infringement should be submitted to legal@afx.xyz and must include: - the physical or electronic signature of the intellectual property owner or an authorized agent; - identification of the work claimed to have been infringed, or a representative list of such works; - identification of the infringing material or activity, along with information reasonably sufficient to locate the material; - contact information for the intellectual property owner or authorized agent; - a statement that the person sending the notice has a good faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law; and - a statement that the information in the notice is accurate and, under penalty of perjury, that the person sending the notice is authorized to act on behalf of the intellectual property owner. 5.4 The Foundation reserves the right to cooperate with any law enforcement, court, or government investigation or order requesting that we disclose information or content that you provide. 6. PROGRAMS AND PROMOTIONS 6.1 The Foundation may, from time to time and in its sole discretion, make certain programs, special offers, challenges, bonuses, or other promotions available to participants (each a "Program," and collectively, "Programs"). Participation in any Program is subject to these Terms and any additional terms and conditions applicable to such Program. 6.2 Because any terms and conditions associated with such Programs may differ from or supplement these Terms, you should read any such additional terms and conditions carefully before participating in any Program. 6.3 The Foundation reserves the right to modify, suspend, or discontinue any Program at any time without notice or liability to participants. Participation in any Program is entirely voluntary. 6.4 You acknowledge and agree that any benefits earned under a Program: (a) have no cash value unless explicitly stated otherwise; (b) may be subject to additional conditions for redemption; (c) are non-transferable unless explicitly permitted; and (d) may be forfeited if you violate these Terms or the terms of the applicable Program. 7. LIMITATIONS, RESTRICTIONS, AND OTHER TERMS 7.1 The Foundation's determinations regarding the eligibility of any user to access or participate in features of the Interface, as well as any questions or disputes arising from a user's use of the Interface, are final and binding. 7.2 Without notice to you, the Foundation reserves the right to suspend or terminate your access to any feature of the Interface in its sole discretion, including, but not limited to, cases where the Foundation reasonably suspects that you have violated these Terms, engaged in prohibited activity, or are a Restricted Person. 7.3 The Interface does not impose transaction fees; however, fees may be incurred on the AFX Protocol or on underlying blockchain networks when you interact with them through the Interface. You acknowledge and agree that you are solely responsible for any fees incurred in connection with your use of the Interface. 7.4 Transactions processed through the AFX Protocol are irreversible. The Foundation assumes no liability for errors or omissions made during transaction confirmations, including accidental transmissions to incorrect addresses, transactions entered at unintended prices or quantities, or transactions executed as a result of user error. 7.5 The Foundation is not responsible for any problems or technical malfunction of any telephone, internet, or blockchain network, online systems, servers, providers, computer equipment, software, or failure of email or transactions due to technical issues or congestion. 7.6 Blockchain transactions require the payment of transaction fees to the appropriate network ("Gas Fees"). You will be solely responsible for paying the Gas Fees for any transaction that you initiate via the Interface. You acknowledge that Gas Fees are non-refundable, determined by the applicable blockchain network, and may fluctuate significantly at any time based on network conditions. 7.7 You acknowledge that data you provide while accessing or using the Interface may become irretrievably lost or corrupted, or temporarily unavailable, due to a variety of causes, and agree that, to the maximum extent permitted under applicable law, the Foundation will not be liable for any loss or damage caused by denial-of-service attacks, software failures, viruses or other technologically harmful materials, protocol changes by third-party providers, Internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside of the Foundation's control. 8. MODIFICATIONS TO THE INTERFACE AND TERMS 8.1 The Foundation reserves the right to modify, update, and/or discontinue, in whole or in part, either temporarily or permanently, any portion of the Interface, any Program, or these Terms at any time in its sole discretion. The Foundation shall not be liable to you or any third party for any such modification, suspension, or discontinuation. 8.2 Unless otherwise specified, all changes or modifications to these Terms will be effective immediately upon posting revised Terms to the Interface. Your continued use of the Interface after any modification constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must cease using the Interface immediately. 9. RELEASE OF CLAIMS 9.1 You expressly agree that you assume all risks in connection with your access and use of the Interface and your interaction with the AFX Protocol. These risks include, but are not limited to, smart contract bugs, oracle failures, market volatility, liquidation risk, regulatory uncertainty, and the potential for complete loss of all digital assets. 9.2 The Foundation does not and cannot guarantee the security, performance, or reliability of the AFX Protocol, its code, or any associated blockchain networks, protocols, or tools. You understand that the Foundation is not liable for any security breaches, exploits, or failures of the AFX Protocol or any third-party services integrated with the Interface. 9.3 By using the Interface, you expressly waive and release the Foundation from any and all liability, claims, causes of action, or damages arising from or in any way relating to: (a) your use of the Interface; (b) your interaction with the AFX Protocol; (c) any errors, omissions, or inaccuracies in information provided through the Interface; (d) unauthorized access to your wallet or digital assets; or (e) any other matter related to the Interface or the AFX Protocol. 9.4 By using the Interface to engage in trading or other activities on the AFX Protocol, you acknowledge the inherent risks associated with decentralized, leveraged financial instruments and waive any recourse against the Foundation for losses arising from such activities, including liquidations, adverse price movements, or protocol malfunctions. 10. INDEMNITY 10.1 You agree to hold harmless, release, defend, and indemnify the Foundation and its officers, directors, employees, contractors, agents, affiliates, and subsidiaries (collectively, "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your access to and use of the Interface or any Third-Party Services; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; (d) any other party's access and use of the Interface with your assistance or using any device or account that you own or control; or (e) any prohibited activity you engage in. 10.2 If any claim or demand is brought against the Indemnified Parties arising out of your use of the Interface or the AFX Protocol, you agree to provide prompt and full cooperation with the defense of such claim. 10.3 The Foundation reserves the right to assume exclusive control of the defense or settlement of any matter subject to indemnification at your expense. You agree not to settle any such matter without the prior written consent of the Foundation. 11. LIMITATION OF LIABILITY 11.1 Under no circumstances shall the Foundation or any of its officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to any aspect of these Terms or your use of the Interface, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if the Foundation has been advised of the possibility of such damages. 11.2 The Foundation assumes no liability or responsibility for any: (a) errors, bugs, or vulnerabilities in the AFX Protocol, including issues in smart contracts, cross-chain bridges, oracles, or other protocol components; (b) unauthorized access to or alteration of your transmissions or data; (c) acts or omissions of any third parties, including wallet providers, blockchain networks, or other service providers; (d) suspension, termination, or other interruption of the Interface; (e) personal injury or property damage of any nature whatsoever resulting from any access or use of the Interface; (f) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Interface; or (g) losses arising from your use of or reliance on information provided by the Interface or any Third-Party Services. 11.3 The Foundation has 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 the Interface. The Foundation does not provide refunds for any transactions you conduct via the Interface. 11.4 Under no circumstances shall the Foundation or any of its officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the greater of (a) the amount of fees paid by you to the Foundation in the twelve months preceding the claim, or (b) one hundred U.S. dollars (USD $100). 11.5 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms may not apply to you. In such cases, the relevant disclaimers and limitations will apply to the fullest extent permitted by applicable law. 12. ARBITRATION AND CLASS ACTION WAIVER 12.1 Except for claims that qualify for adjudication in a small claims court of competent jurisdiction, you and the Foundation agree to waive the right to have any and all disputes or claims arising out of or related to these Terms or the Interface ("Dispute") resolved in a court, and instead agree to resolve any such Dispute through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted and includes any Dispute, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. 12.2 All arbitration proceedings will be conducted solely on an individual basis. No Dispute may be brought as a class action, consolidated action, or representative action, whether in arbitration or any other forum. You expressly waive any right to participate in any class action proceeding against the Foundation. You and the Foundation both agree to waive the right to demand a trial by jury. 12.3 You agree to notify the Foundation, in writing, of any Dispute within thirty (30) days of when it arises so that the parties can attempt, in good faith, to resolve the Dispute informally. Notice to the Foundation must be sent by email to legal@afx.xyz and must include your name, email address, a description of the nature and basis of the claim, and the specific relief sought. If the Dispute is not resolved within thirty (30) days of the Foundation receiving your notice, either party may initiate arbitration. 12.4 These Terms are governed by and will be construed under the laws of England and Wales, without regard to its conflict of law provisions. Any Dispute that remains unresolved after the informal resolution process shall be finally settled by binding arbitration administered under the rules of the London Court of International Arbitration (LCIA), with the seat of arbitration in London, England. Proceedings shall be conducted in English. 12.5 The arbitrator shall have the exclusive authority to resolve all procedural and substantive disputes related to these Terms and may grant any remedy that would otherwise be available in court. Arbitration proceedings and awards shall be confidential. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. 12.6 Any claim arising out of or related to these Terms or the Interface must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred, which means that you and the Foundation will not have the right to assert the claim. 12.7 If any portion of this Section 12 is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision will be severed from these Terms without impact on the remainder of this Section 12 or the parties' ability to compel arbitration of any remaining claims on an individual basis. 13. MISCELLANEOUS 13.1 Entire Agreement. These Terms constitute the entire agreement between you and the Foundation with respect to the subject matter hereof and supersede any and all prior or contemporaneous written or oral agreements, communications, or other understandings relating to such subject matter. 13.2 Conflicts Between Agreements. In the event of any conflict between these Terms and any other agreement you may have with the Foundation, these Terms will control unless such other agreement specifically identifies these Terms by name and declares that such other agreement supersedes these Terms. 13.3 Privacy Policy. You agree to the collection, use, storage, and disclosure of your data in accordance with the Foundation's Privacy Policy, which is incorporated herein by reference and is available at https://app.afx.xyz/privacy-policy. 13.4 Assignment. You may not assign or transfer any of your rights or obligations under these Terms without our express prior written consent, including by operation of law or in connection with any change of control. We may assign or transfer any of our rights or obligations under these Terms without restriction. Any purported assignment in violation of this section shall be null and void. 13.5 Severability. If any provision of these Terms shall be determined to be invalid or unenforceable under any applicable rule, law, or regulation, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under any applicable law, and the remaining provisions will continue in full force and effect. 13.6 Notice. We may provide any notice to you under these Terms using commercially reasonable methods, including using public communications channels. Notices we provide using public communications channels will be effective upon posting. You may contact the Foundation at legal@afx.xyz. 13.7 No Waiver. Our failure or delay to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any breach of any provision of these Terms shall be construed as a continuing waiver of other breaches of the same or other provisions. 13.8 Electronic Communications. By using the Interface, you consent to receiving electronic communications from the Foundation. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Interface. 13.9 Force Majeure. The Foundation shall not be liable for any failure or delay in performance resulting from causes beyond the Foundation's reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, governmental actions, network or internet failures, or failures of third-party blockchain networks or protocols. 13.10 No Third-Party Beneficiaries. These Terms are for the sole and exclusive benefit of the parties hereto, except that the Indemnified Parties are intended third-party beneficiaries of the indemnification provisions of Section 10. Nothing else in these Terms, express or implied, is intended to confer upon any other person any legal or equitable right, benefit, or remedy. 13.11 Interpretation. For purposes of these Terms: (a) wherever the words "include," "includes," or "including" are used, they will be deemed to be followed by the words "without limitation"; (b) headings of sections are for convenience only and will not be used to limit or construe such sections; and (c) the use of "or" is not intended to be exclusive. 13.12 Language. These Terms are written in the English language. Any translation of these Terms into another language is provided for convenience only and the English version shall prevail in the event of any conflict or inconsistency. By accessing and using the Interface at app.afx.xyz, you agree to be bound by these Terms of Use.