Legal And Compliance

Terms of Use

Please read carefully this Terms of Use Agreement (“Terms of Use”). The website located at https://getgoated.xyz (or applicable domain), any related websites or subdomains that display a link to these Terms of Use (collectively, the “Website”) and are operated by GetGoated, its affiliates or agents (“GetGoated,” “we,” “us,” or “our”), and the information on the Website are owned and controlled by GetGoated. These Terms of Use govern the use of the Website and apply to all users visiting the Website or using the services enabled through the Website in any way (all such information and services, including the Website, the “Service(s)”).

BY USING ANY SERVICES, CREATING AN ACCOUNT, CONNECTING A DIGITAL WALLET TO THE WEBSITE, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH GETGOATED, (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE ENTITY (WHETHER OR NOT SUCH ENTITY IS REGISTERED OR INCORPORATED UNDER THE LAWS OF ANY JURISDICTION) YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THE TERMS OF USE; AND (4) YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES COMPLIES WITH THE LAWS OF YOUR JURISDICTION. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

The Services provide an interface that may allow users of the Services (“Users”) to create cryptocurrency and other digital assets (“Digital Assets”), build and manage communities, visualize Digital Assets that are associated with their Digital Wallet (defined below) (collectively, “User Assets”), and write Transactions (defined below) to be executed by such Digital Wallet on third-party distributed ledgers compatible with the Services (each, a “Supported Blockchain”) in accordance with the technological and contractual parameters of such Supported Blockchain (the applicable “Blockchain Rules”).

GETGOATED IS NOT AN exchange, trust company, licensed broker, dealer, broker-dealer, investment advisor, investment manager, or adviser. Neither GetGoated nor our Services give, offer, or render investment, tax, or legal advice. GETGOATED PROVIDES SOFTWARE THAT ALLOWS YOU TO MANAGE YOUR SELF-CUSTODIED SOFTWARE WALLETS AND OTHERWISE WRITE TRANSACTIONS THAT MAY BE EXECUTED ON THIRD-PARTY BLOCKCHAINS AND OTHER THIRD-PARTY SERVICES (DEFINED BELOW). Before making financial or investment decisions, we recommend that you contact an investment advisor, or tax or legal professional.

SECTION 15 CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND GETGOATED. AMONG OTHER THINGS, SECTION 15 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 15 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 15 CAREFULLY.

UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 15: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF DELAWARE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

1. DESCRIPTION OF THE SERVICES

The Services include the Platform, and the Services enabled thereby, as further defined and described below. There are important risks and limitations associated with the use of the Services as described below and elsewhere in these Terms of Use. Please read them carefully.

The Platform

The Services include access to GetGoated’s Platform, which is a proprietary online platform enabled through the Website, and the supported documentation made available therewith, that allows Users to interact with the Supported Blockchains in a user-friendly format, connect to compatible third-party digital wallets (each, a “Digital Wallet”), and deploy Digital Assets through bonding-based launch mechanisms. The Platform may also enable Users to launch tokens, configure transaction fee structures, and utilize mentor-supported pathways where applicable.

2. Open Source Software

You acknowledge and agree that the Service may use, incorporate or link to certain software made available under an “open-source” or “free” license (“OSS” or “OSS License,” as applicable), and that your use of the Service is subject to, and you agree to comply with, any applicable OSS Licenses.

3. Connecting a Digital Wallet

In order to access and use certain Services, you may need to connect a Digital Wallet to the Platform. When you connect a Digital Wallet, you represent and warrant that you own or have the authority to connect such Digital Wallet. GetGoated reserves the right to collect and record information about your use of the Service and any Transactions that take place through the Service.

4. ELIGIBILITY; USER REPRESENTATIONS AND WARRANTIES

Eligibility

You represent and warrant that:

You are (i) at least eighteen (18) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using Services under the laws of the United States, your place of residence, or any other applicable jurisdiction.

5. YOUR ASSUMPTION OF RISK

Risk of Financial Loss

When you use the Services, you understand and acknowledge that GetGoated is not a financial or investment advisor and that the Services entail a risk of loss and may not meet your needs. The Services rely on Supported Blockchains and applicable Blockchain Rules, which may not be reliable or consistent in all scenarios.

General Risks of Blockchain Technology

There are risks associated with using Digital Assets, including but not limited to:

• Hardware or software failures

• Internet disruptions

• Malicious software

• Unauthorized access to Digital Wallets

• Smart contract vulnerabilities

• Metadata decay

• Untransferable or frozen assets

You assume full responsibility for these risks.

6. USE OF THE SERVICES

License to the Services

Subject to the Agreement, GetGoated grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely as described herein. Unless otherwise specified by GetGoated in a separate license, your right to use the Services is subject to this Agreement.

7. OWNERSHIP

Except with respect to Your Content, you agree that as between you and GetGoated, GetGoated and its suppliers own all rights, title and interest in the Services and the Platform, including but not limited to any software, computer code, algorithms, technology, themes, objects, concepts, artwork, methods of operation, and documentation, as well as all intellectual and proprietary rights related thereto.

8. USER CONDUCT

You agree not to make available any User Content or take any action using the Services that:

• Creates or promotes harm or violence

• Encourages illegal activity

• Discriminates, harasses, or degrades individuals or groups

• Violates applicable law

9. FEES

Access to the Website may be free; however, GetGoated reserves the right to charge fees in connection with certain Services.

You are solely responsible for ensuring that:

• Any payment made by you is accurate

• You have sufficient funds to cover required Gas Fees

• You understand the platform’s transaction fee structure

All fees are disclosed prior to deployment or execution.

10. INDEMNIFICATION

You agree to indemnify and hold harmless GetGoated, its affiliates, officers, employees, agents, partners, suppliers, and licensors from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of:

• Your Content

• Your use of the Services

• Your violation of the Agreement

11. DISCLAIMER OF WARRANTIES

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. GETGOATED EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GETGOATED BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, OR DATA.

13. TERM AND TERMINATION

This Agreement commences when you accept it and remains in effect while you use the Services. GetGoated reserves the right to suspend or terminate access to the Services at any time, with or without notice.

14. INTERNATIONAL USERS

The Services may be accessed globally. GetGoated makes no representation that the Services are appropriate or available in all jurisdictions. Users are responsible for compliance with local laws.

15. DISPUTE RESOLUTION – ARBITRATION AGREEMENT

This section requires binding arbitration.

You and GetGoated waive the right to a jury trial and agree that disputes shall be resolved by arbitration, except where prohibited by law.

30-Day Right to Opt Out

You may opt out of arbitration by sending written notice within thirty (30) days of first becoming subject to this Agreement.

16. GENERAL PROVISIONS

This Agreement constitutes the entire agreement between you and GetGoated regarding the Services.

Governing Law

The Terms and any action related thereto shall be governed by and interpreted under the laws of Delaware, without regard to conflict of law principles.