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Terms of Service

Please read these Terms of Service (the “Terms of Service”) carefully. These Terms of Service govern your use of (a) the website located at www.plasma.to and all related websites and subdomains and any other websites owned or operated by Plasma (defined below), an exempted company with limited liability incorporated under the laws of the Cayman Islands (and our subsidiaries and affiliates, including but not limited to, Plasma Labs UK Ltd., Plasma US, Inc., and Plasma Nederland BV) d/b/a Plasma (“Plasma”, “we”, “us”, or “our”) that link to these Terms of Service (collectively, “Website”), (b) any mobile application made available by Plasma that link to these Terms of Service (collectively, “Application”), or (c) any related media forms, media channels, mobile websites, software applications, dashboards, application programing interfaces, or other services enabled or offered from time to time by Plasma (each, including the Website, Application, and Plasma One Services (defined below), a “Service” and, collectively, the “Services”). “Users” means any individual or entity that accesses or uses any of the Services.

BY USING OR ACCESSING ANY SERVICES IN ANY WAY (INCLUDING BY AUTOMATED MEANS), CREATING AN ACCOUNT, CONNECTING A DIGITAL WALLET TO THE WEBSITE, DOWNLOADING OR USING THE APPLICATION, AND/OR BROWSING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THE AGREEMENT AND 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 PLASMA, (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE 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 THESE TERMS OF SERVICE; 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 THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

The Services include an interface that allows Users to interact with the Plasma blockchain, a layer-1 blockchain purpose-built for global stablecoin payments (the “Network”). The Network is an independent, decentralized, software-based protocol. For the avoidance of doubt, the Network is not part of the Services made available by Plasma under this Agreement. Plasma has no obligation to monitor or control any use of the Network by you or any third party. Plasma makes no representations or warranties about the functionality of the Network. All interactions on the Network are undertaken at your own risk, and Plasma is not and shall not be liable to you or to any third party for any loss or damage arising from or connected to your or any third party’s use of the Network. Notwithstanding anything to the contrary set forth herein, the terms of Sections 8 through 11 of this Agreement apply, mutatis mutandis, to any claims arising out of your interaction with or inability to interact with the Network. THE NETWORK IS MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS” AND YOU ACCESS, INTERACT WITH, AND/OR BUILD ON THE NETWORK AT YOUR OWN RISK.

Plasma IS NOT, AMONG OTHER THINGS, AN Exchange, trust company, licensed broker, dealer, broker-dealer, investment advisor, VIRTUAL ASSET SERVICE PROVIDER, investment manager or adviser. neither Plasma nor our Services give, offer, or render investment, tax, or legal advice. Plasma PROVIDES SOFTWARE THAT ALLOWS YOU TO MANAGE YOUR NON-CUSTODIAL 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 PLASMA. 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 THE CAYMAN ISLANDS, 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.

Your use of, and participation in, certain Services may be subject to additional terms (such terms, including the Card Terms (defined below), “Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. These Terms of Service and any applicable Supplemental Terms are referred to herein as the “Agreement.”

PLEASE NOTE THAT The Agreement IS subject to change by Plasma in its sole discretion at any time. When changes are made, Plasma will make a new copy of these Terms of Service available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of these Terms of Service. If we make any material changes, we may notify you by email or by notification through the Services or through our social media channels. Any changes to the Agreement will be effective immediately for new users of the Website and/ or Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing Users. If applicable, Plasma may require you to provide consent to the updated Agreement in a specified manner before further use of the Website, and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

DESCRIPTION OF THE SERVICES.

The Services include the Interface (defined below) 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 Service. Please read them carefully.

The Interface. The Services include access to Plasma’s “Interface” located at app.plasma.to, a proprietary online platform enabled through the Website, and the supported documentation made available therewith, that allows Users to manage and interact with the Network in a user-friendly, human readable format, and to connect to compatible third-party digital wallets (each, a “Digital Wallet”). Users may be able to use the Interface to visualize cryptocurrency assets (“User Assets”) that are associated with a Digital Wallet and write transactions to be executed by such Digital Wallet on the Network in accordance with the technological and contractual parameters of the Network (the applicable “Network Rules”). User Asset visualizations may include graphs, projections, and other information about your User Assets (collectively, “User Asset Information”). The Interface is distinct from the Network and provides one, but not the exclusive means of accessing the Network. You, and not Plasma, control all activity initiated by you through the Interface. The Interface does not facilitate transactions on the Network. The Interface provides access to tools for Users to view and locally interact with code that may be relevant to the Network.

Plasma One. Plasma One is an Application made available via the Apple App Store and Google Play Store. The software services available to you in Plasma One include (i) individual on-chain wallet accounts powered by self-custodial smart wallets provided by a third-party services provider and (ii) an Application that enables Users to (x) engage in peer-to-peer transactions on the Network and (y) on- and off-ramp certain fiat currencies in partnership with regulated third-party services providers (collectively, the “Plasma One Services”). For the avoidance of doubt, Plasma does not provide any on- or off-ramp services and any such services within Plasma One are provided by certain third-party service providers, including, but not limited to, Bridge Ventures LLC (together with Bridge Building Inc. and Bridge Building Sp. Z.o.o., “Bridge”). If you use any services offered by Bridge through the Interface, you are agreeing to be bound by Bridge’s applicable user terms and other user policies currently available at https://www.bridge.xyz/legal/overview, which may be modified by Bridge from time to time. Plasma is not responsible for your use of Bridge’s services; however, Plasma may provide to you through the Interface certain disclosures, transaction receipts, or other items related to your use of Bridge’s services.

Card Programs.

Plasma may provide access to a card program through the Services under which one or more third-party Issuers (as defined in the Card Terms (defined below)) issues cards on the supported payments networks that allow you to make fiat payments funded by stablecoin balances in your Digital Wallets accessed through Plasma One (“Plasma One Card”). Although your Plasma One Card will enable you to use the balances contained in your Digital Wallet connected to the Plasma One Services to fund purchases, Plasma is not the program manager or the issuer of the Plasma One Card.

Your access to the Plasma One Card is subject to certain Know-Your-Customer (KYC) and Anti-Money Laundering (AML) verification procedures. As such, you may be required to provide us, or third parties with which we partner (e.g., SumSub), with certain information and/or documentation directly or through a third party including, without limitation, your name, address, Social Security Number, photograph of your government issued ID, and telephone number. You authorize us, directly or through a third party, to make any inquires that we consider necessary to verify your identity, protect against the misuse of the Plasma One Card, or for any other reason in connection with the Services or related therewith. You further authorize Plasma to share information, including, but not limited to, the results of your KYC verification, with certain third-party providers solely for the purpose of providing certain Services to you.

Your use of the Plasma One Card is subject to additional terms and conditions, including, but not limited to, those terms and conditions set forth in the Plasma Cash Cardholder Agreement (US), Plasma Cash Cardholder Agreement (International), Plasma One Cashback Rewards Program and/or other agreements from time to time (the “Card Terms”).

Cross-Chain Transfers.

The Plasma One App may include functionality that allows users to initiate cross-chain transfers of User Assets (the “Cross-Chain Transfer Function”). Such functionality may enable you to request that a supported User Asset be transferred from a compatible third-party blockchain network (“Supported Blockchain”) to another Supported Blockchain by interacting with one or more smart contracts deployed on a Supported Blockchain. Plasma does not operate or control any proprietary bridge protocols and does not custody User Assets in connection with the Cross-Chain Transfer Function. Instead, transactions are executed directly onchain using Supported Blockchains and other compatible third-party decentralized protocols, smart contracts, and third-party infrastructure automatically routed by the Application.

Use of the Cross-Chain Transfer Function involves interacting with compatible third-party smart contracts, liquidity providers, solvers, relayers, or other decentralized services that are not owned, operated, or controlled by Plasma. Plasma does not guarantee the availability, security, execution, or outcome of any cross-chain transaction and makes no representations regarding the correctness, finality, or timing of such transfers. Cross-chain transactions may fail, be delayed, or result in partial or complete loss of User Assets due to smart contract vulnerabilities, protocol design, network congestion, third-party actions, or other risks inherent to decentralized systems. You acknowledge and agree that you use the Cross-Chain Transfer Function at your own risk and that Plasma shall not be responsible for any losses arising from its use.

Vault Services.

Plasma may provide access to one or more decentralized finance tools operated by third parties, referred to herein as “Vaults”, via the Interface or an Application (the “Vault Services”). “Vaults” are smart contracts operated by third parties, including, but not limited to, Veda Tech Limited, a British Virgin Islands business company, with registered office at c/o SHRM Trustees (BVI) Limited of Trinity Chambers, PO Box 4301, Road Town, Tortola, British Virgin Islands (“Veda”). The Services may provide certain Users the ability to draft transaction messages using their Digital Wallets to send compatible digital assets to the Vault in accordance with the terms and conditions that govern the Vaults.

You acknowledge and understand that Vaults and the Vault Services are Third-Party Services, and the Services only enable Users to interact with Vaults. By using the Vault Services and/or interacting with the Vaults, you agree that the provider of the Vault Services will govern such use, including, but not limited to, the Veda Terms of Service (as currently available at https://veda.tech/terms) and any future provider of the Vault Services. Plasma shall not be liable for any damages, liabilities, or other harms in connection with your use of and/or any inability to access any Vault.

Notwithstanding the foregoing, the Vault Services may not be available to all Users. Without limiting the geographic and jurisdictional restrictions set forth in the Prohibited Activities List or otherwise in these Terms of Service, Vault Services are not available to, and may not be accessed or used by, residents of the State of New York or any other jurisdiction in which the provision of or access to the Vault Services would be contrary to applicable law or regulation. Plasma reserves the right to restrict access to the Vault Services in additional jurisdictions at any time and without prior notice.

Card Issuer Relationship to Plasma.

The Vault Services are a decentralized finance platform that operates on the Network pursuant to the applicable terms and conditions thereof. Issuer does not originate or extend credit to you in connection with the Vault Services but instead issues the Plasma One Card.

The provider(s) of the Vault Services are solely responsible for their own credit services that they may offer from time to time, including evaluation, approval, and denial of your application. Issuer has no responsibility for, and does not in any way participate in, any Vault Services credit transaction that may be offered from time to time. You understand that by using the Plasma One Card, you agree that the Issuer does not have any affiliation or liability related to any interactions between you and the Vault Services. The Vault Services, and your access and use of the Vault Services, are governed by separate terms and conditions and you acknowledge Issuer is not a party to such agreements. By using the Plasma One Card, you understand that you are not buying or selling digital assets from either the Issuer or Plasma. You understand that Issuer is not affiliated with and has no relationship to the Vault Services or any assets linked to the Vault Services. Any fees associated with the Vault Services accrue to the providers of the Vault Services and neither the Issuer nor Plasma have control over those fees. You also agree and understand that Issuer does not have custody or control over the contents of your Digital Wallet and has no ability to retrieve or transfer its contents.

You acknowledge and agree that you will access and use the Services and the Vault Services at your own risk and will not hold Issuer or its affiliates responsible for any interaction with the Vault Services. Should you have any issues with a transaction that is not made using the Plasma One Card, you should refer to this Agreement or the agreement governing your use of the Vault Services. Should you have any issue with a transaction completed with your Plasma One Card, please contact Issuer through the customer service channels listed in your cardholder agreement.

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. Each item of OSS is licensed under the terms of the end-user license that accompanies such OSS. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the OSS.

Connecting a Digital Wallet. In order to access and use certain Services, you may need to connect a Digital Wallet to the Interface. When you connect a Digital Wallet, you represent and warrant that you own or have the authority to connect such Digital Wallet. Plasma reserves the right to collect and record information about your use of the Service and any transactions that take place through the Service. Please note that if a Digital Wallet or associated service becomes unavailable then you should not attempt to use such Digital Wallet in connection with the Services, and we disclaim all liability in connection with the foregoing, including without limitation any inability to access any User Assets you have sent to such Digital Wallet. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR DIGITAL WALLET IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND PLASMA DISCLAIMS ANY LIABILITY FOR INFORMATION THAT MAY BE PROVIDED TO IT OR USER ASSETS THAT MAY BE DEPLOYED TO THE NETWORK BY OR THROUGH SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE SETTINGS THAT YOU HAVE SET IN SUCH DIGITAL WALLETS.

Access Through a Third-Party Account. The Service may allow you to link your Account (defined below) with an account you hold on a third-party social networking or social media service, email server, or other Third-Party Service (each, a “Third-Party Account”) by allowing Plasma to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Plasma and/or grant Plasma access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Plasma to pay any fees or making Plasma subject to any usage limitations imposed by such third-party service providers. By granting Plasma access to any Third-Party Account, you understand that Plasma may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials that you have provided to and stored in your Third-Party Account (“Linked Account Content”) so that it is available on and through the Service. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Service. If a Third-Party Account or associated service becomes unavailable, or Plasma’s access to such Third-Party Account is terminated by the third-party service provider, then Linked Account Content will no longer be available on and through the Service. YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND PLASMA DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Plasma makes no effort to review any Linked Account Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Plasma is not responsible for any Linked Account Content.

Your User Assets; Authorized Actions.

When you use the Services in connection with any User Assets, you represent and warrant that (a) you own or have the authority to connect to the applicable Digital Wallet; (b) you own or have the authority to deploy such User Assets or otherwise trade or make such User Assets available (i) on or through the Services, as applicable, and (ii) on or through the Network; (c) all User Assets you deploy, transfer, deposit, or otherwise make available in connection with our Services have been earned, received, or otherwise acquired by you in compliance with all applicable laws; and (d) no User Assets that you deploy, transfer, deposit, or otherwise make available in connection with the Services have been “tumbled” or otherwise undergone any process designed to hide, mask, or obscure the origin or ownership of such User Assets. As between you and us, you are solely responsible for any determination by any third party (including without limitation applicable governmental or regulatory authority) as to the ownership, viability, transferability, legality, or regulatory status of any User Asset and/or your use thereof.

When you request to make an Authorized Action (as defined below) and in order to initiate such Authorized Action, you may be required to authenticate your identity. We are entitled to rely on the Authorized Action and have no duty to inquire into or investigate the validity or accuracy of any Authorized Action. However, we may, at our sole discretion, inquire into or investigate such Authorized Action.

Plasma cannot access raw private key information for you, and we cannot unilaterally initiate an Authorized Action. We are not your brokers, intermediaries, agents, advisors, or custodians, and we do not have a fiduciary relationship or obligation to you regarding any other decisions or activities that you effect when using Plasma One or our Services. You are solely responsible for any and all Authorized Actions and we make no, and hereby disclaim all, representations, warranties, claims and assurances as to any Authorized Action.

For purposes of this Section 1.10, “Authorized Action” means any transaction, data access, permission grant, verification, connection, transfer initiation of User Assets, or other action that you have approved either through a signature request or by other alternative means, such as a session key or transfer allowance.

Compatibility Risk. The Services may not be compatible with all forms of cryptocurrency, blockchains, and/or types of transactions, and certain of your User Assets may not be compatible with the Services. Whether or not a User Asset is then-currently compatible with the Services may change at any time, in Plasma’s sole discretion, with or without notice to you.

Taxes. You are solely responsible (and Plasma has no responsibility) for determining what, if any, taxes apply to any transactions involving your User Assets, your use of the Services, including your use of Plasma One, the Plasma One Card or Cross-Chain Transfer Function.

ELIGIBILITY; USER REPRESENTATIONS AND WARRANTIES.

Registering Your Account. To access certain features of the Services, including Plasma One, you may be required to register an account on the Services (“Account”). Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Plasma. Furthermore, you are responsible for all activities that occur under your Account. You shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. You may not share your Account or password with anyone, and you agree to notify Plasma immediately of any unauthorized use of your password or any other breach of security. You agree not to create any username that violates this Agreement (including the AUP) or any third party’s rights. You agree not to create an Account or use the Services if you have been previously removed by Plasma, or if you have been previously banned from any of the Services. You may delete your Account at any time, for any reason, by following the instructions on the Services. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT IF YOU DELETE YOUR ACCOUNT, YOU MAY BE UNABLE TO ACCESS YOUR USER ASSETS USING THE SERVICES AND PLASMA IS NOT RESPONSIBLE IN ANY WAY WITH RECOVERING YOUR USER ASSETS IF YOU DELETE YOUR ACCOUNT.

Recovery Phrase; Account Deletion. You are solely responsible for the retention and security of your twelve-word recovery phrase for any externally owned account (EOA) you access using Plasma One (your “Recovery Phrase”). Your Recovery Phrase is the only way to access the cryptocurrency associated with your Digital Wallet and/or Account, as the case may be. Anyone that has access to your Recovery Phrase can access your cryptocurrency. You may also delete your Account at any time. IF YOU SHARE YOUR RECOVERY PHRASE WITH A THIRD PARTY, IF YOUR RECOVERY PHRASE IS COMPROMISED, OR IF YOU SUSPECT YOUR RECOVERY PHRASE IS COMPROMISED, OR INTEND TO DELETE YOUR ACCOUNT, YOU SHOULD IMMEDIATELY MOVE YOUR ASSETS INTO A NEW, UNCOMPROMISED DIGITAL WALLET. IF YOU LOSE YOUR RECOVERY PHRASE, DELETE YOUR ACCOUNT, AND/OR PASSKEYS OR ACCESS TO ANY OTHER AUTHENTICATION METHOD MADE AVAILABLE BY PLASMA THROUGH THE SERVICES, YOU WILL NOT BE ABLE TO ACCESS YOUR DIGITAL WALLET OR USER ASSETS USING THE SERVICES. YOU ACKNOWLEDGE THAT PLASMA DOES NOT STORE AND IS NOT RESPONSIBLE IN ANY WAY FOR THE SECURITY OF YOUR RECOVERY PHRASE AND/OR PASSKEYS. YOU AGREE TO HOLD PLASMA AND ITS AFFILIATES HARMLESS FOR ANY LOSSES ARISING FROM YOU LOSING YOUR RECOVERY PHRASE AND/OR PASSKEYS OR ACCESS TO ANY OTHER AUTHENTICATION METHOD MADE AVAILABLE BY PLASMA THROUGH THE SERVICES OR DELETING YOUR ACCOUNT. YOU AGREE THAT PLASMA AND ITS AFFILIATES SHALL NOT BE LIABLE IN ANY WAY IF YOU LOSE YOUR RECOVERY PHRASE AND/OR PASSKEYS OR ACCESS TO ANY OTHER AUTHENTICATION METHOD MADE AVAIABLE BY PLASMA THROUGH THE SERVICES OR DELETE YOUR ACCOUNT, AND YOU CANNOT ACCESS YOUR CRYPTOCURRENCY.

Registration Data. When you access or use the Services in any way, you agree (a) to provide true, accurate, current and complete information about yourself as may be prompted by the Services from time to time (“Registration Data”); and (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You acknowledge and agree that our obligation to provide you with any Services is conditioned on the Registration Data being accurate and complete at all times during the term of this Agreement. If you provide any information that is untrue, inaccurate, not current or incomplete, or Plasma has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Plasma has the right to suspend or terminate your access to the Services and refuse any and all current or future use of the Services (or any portion thereof). You agree not to use the Services if you have been previously removed by Plasma, or if you have been previously banned from any of the Services. Plasma reserves the right to obtain and retain any Registration Data or other identifying information it as it may determine from time to time in order for you to use and continue to use the Services.

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. If you are acting on behalf of a DAO or other entity, whether or not such entity is formally incorporated under the laws of your jurisdiction, you represent and warrant that you have all right and authority necessary to act on behalf of such entity;

None of: (i) you; (ii) any affiliate of any entity on behalf of which you are entering into this Agreement; (iii) any other person having a beneficial interest in any entity on behalf of which you are entering into this Agreement (or in any affiliate thereof); or (iv) any person for whom you are acting as agent or nominee in connection with this Agreement is: (A) a country, territory, entity or individual named on an OFAC list as provided at http://www.treas.gov/ofac, the UK Sanctions List maintained by the Office of Financial Sanctions Implementation (OFSI) under the Sanctions and Anti-Money Laundering Act 2018, or any person or entity prohibited under the OFAC programs or similar sanctions programs, regardless of whether or not they appear on the OFAC list, or on any other sanctions list pursuant to European Union (“EU”) and/or United Kingdom (“UK”) regulations (as the latter are extended to the Cayman Islands by statutory instrument); or (B) a senior foreign political figure, or any immediate family member or close associate of a senior foreign political figure. There is no legal proceeding pending that relates to your activities relating to buying, selling, staking, or otherwise using cryptocurrency or any other token- or digital asset- trading or blockchain technology related activities;

You have not failed to comply with, and have not violated, any applicable legal requirement relating to any blockchain technologies or token-trading activities or any other applicable laws, including, but not limited to, anti-money laundering or terrorist financing laws, and no investigation or review by any governmental entity is pending or, to your knowledge, has been threatened against or with respect to you, nor does any government order or action prohibit you or any of your representatives from engaging in or continuing any conduct, activity or practice relating to cryptocurrency.

Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services as applicable. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.

Your Assumption of Risk.

Risk of Financial Loss. When you use the Services, you understand and acknowledge that Plasma is not a financial OR INVESTMENT advisor, NOR IS IT A VIRTUAL ASSET SERVICE PROVIDER, and that the Services ENTAIL A RISK OF LOSS AND may not meet your needs. The Services provided by Plasma rely on the Network and the applicable Network Rules, which may not be reliable, consistent or dependent in all scenarios. Plasma may not be able to foresee or anticipate technical or other difficulties which may result in data loss or other service interruptions. Plasma encourages you to periodically confirm the valuation of your User Assets and the accuracy of any User Asset Information through independent sources. Plasma does not and cannot make any guarantee that your User Assets will not lose value. The prices of cryptocurrency assets can be extremely volatile. Plasma makes no warranties as to any Network or the markets in which your User Assets are staked, transferred, purchased, or traded.

Cybersecurity Risks. You understand that like any other software, the Interface, and the Services could be at risk of third-party malware, hacks or cybersecurity breaches. You agree that it is your responsibility to monitor your User Assets regularly and confirm their proper use and deployment consistent with your intentions.

Expertise and Experience. You represent and warrant that you (i) have the necessary technical expertise and ability to review and evaluate the security, integrity, and operation of your Digital Wallet and the Network to which your User Assets may be deployed and staked in connection with the Services; (ii) have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits, risks and applicable compliance requirements under applicable laws of any use of your Digital Wallet and the Network to which your User Assets may be deployed in connection with the Services; (iii) know, understand and accept the risks associated with your Digital Wallet and the Network to which your User Assets may be deployed in connection with the Services; and (iv) accept the risks associated with blockchain technology generally, and are responsible for conducting your own independent analysis of the risks specific to your use of the Services. You further agree that Plasma will have no responsibility or liability for such risks.

General Risks of Blockchain Technology. In order to be successfully completed, any transaction involving your User Assets initiated by or sent to your Digital Wallet must be confirmed by and recorded on the Network. Plasma has no control over the Network and therefore cannot and does not ensure that any transaction details that you submit or receive via our Services will be validated by or confirmed on the Network, and Plasma does not have the ability to facilitate any cancellation or modification requests. You accept and acknowledge that you take full responsibility for all activities that you effect through your Digital Wallet and accept all risks of loss, including loss as a result of any authorized or unauthorized access to your Digital Wallet, to the maximum extent permitted by law. You further accept and acknowledge that:

  • There are risks associated with using digital assets, including but not limited to, the risk of hardware, software and Internet connections; the risk of malicious software introduction; the risk that third parties may obtain unauthorized access to information stored within your Digital Wallet; the risks of counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable; and the risk that such digital assets may fluctuate in value. You accept and acknowledge that Plasma will not be responsible for any communication failures, disruptions, errors, distortions, delays or losses you may experience when using blockchain technology, however caused.
  • The regulatory regimes governing blockchain technologies, cryptocurrencies, and tokens are uncertain, and new regulations or policies, or new or different interpretations of existing regulations, may materially adversely affect the development of the Services and the value of your User Assets.
  • Plasma makes no guarantee as to the functionality of any blockchain’s decentralized governance, which could, among other things, lead to delays, conflicts of interest, or operational decisions (including without limitation changes to any Network Rules) that are unfavorable to your User Assets.
  • Plasma makes no guarantee as to the security of the Network or Digital Wallet. Plasma is not liable for any hacks, double spending, or any other attacks on a Digital Wallet.
  • The Network may slash or otherwise impose penalties on certain validators (including validators to which your User Assets have been deployed) in response to any activity not condoned by the Network, whether in accordance with the applicable Network Rules or otherwise. You acknowledge and agree that Plasma shall have no liability in connection with any such slashing or penalties, including any slashing or penalties that result in a loss or depreciation of value of your User Assets.
  • You control your Digital Wallet, and Plasma is not responsible for its performance, nor any risks associated with the use thereof.
  • Plasma will not review the accuracy of any Authorized Actions. We make no representations and warranties as to any consequences of your use of the Services related to initiating Authorized Actions, including but not limited to any and all legal, regulatory and/or tax consequences. You acknowledge and agree that you are solely responsible for all aspects of initiating Authorized Actions, or otherwise using the Services and managing your User Assets.

USE OF THE SERVICES.

License to the Services. Subject to the Agreement, Plasma grants you a limited license to access and use the Services solely as described hereunder. Unless otherwise specified by Plasma in a separate license, your right to use any and all Services is subject to this Agreement. You acknowledge and agree that nothing set forth herein shall be construed as a sale of any ownership interest in or to the Services or any intellectual property rights associated therewith.

License to the Application. Subject to this Agreement, Plasma grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to download, install, and use a copy of the Application on a single device that you own or control, solely for your own personal, non-commercial purposes (e.g., service bureau use is prohibited).

Updates. You understand that Services are evolving. You acknowledge and agree that Plasma may update Services with or without notifying you. You may need to update third-party software from time to time in order to use Services.

Certain Restrictions. The Services are intended for your internal use only. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services, including the Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form) of Plasma; (c) you shall not use any metatags or other “hidden text” using Plasma’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any future release, update or other addition to the Services shall be subject to the Agreement. Plasma, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of the Services may terminate the licenses granted by Plasma pursuant to the Agreement.

Third-Party Services. Certain features of the Services may rely on third-party websites, services, technology, or applications accessible or otherwise connected to the Services but not provided by Plasma, such as the Network, any validator, our third-party identity verification providers, and your Digital Wallet (each, a “Third-Party Service” and, collectively, “Third-Party Services”). Notwithstanding anything to the contrary in these Terms of Service, you acknowledge and agree that (i) Plasma shall not be liable for any damages, liabilities, or other harms in connection with your use of and/or any inability to access the Third-Party Services; and (ii) Plasma shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities or harm to any person or entity relating to any losses, delays, failures, errors, interruptions or loss of data occurring directly or indirectly by reason of Third-Party Services or any other circumstances beyond Plasma’s control, including without limitation the failure of the Network or other Third-Party Service.

Accessing the Application.

Third-Party Application Access. With respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you shall only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple Media Terms of Service, except that such App Store Sourced Application may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing function, volume purchasing, or Legacy Contacts function. Notwithstanding the first sentence in this Section, with respect to any Application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.

Accessing and Downloading the Application from the Apple App Store. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

You acknowledge and agree that (1) this Agreement is concluded between you and Plasma only, and not Apple, and (2) Plasma, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Plasma and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Plasma.

You and Plasma acknowledge that, as between Plasma and Apple, Apple is not responsible for addressing any claims you have or of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (1) product liability claims; (2) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

You and Plasma acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Plasma and Apple, Plasma, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

You and Plasma acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

OWNERSHIP.

  • Services. You agree that as between you and Plasma, Plasma and its suppliers own all rights, title and interest in the Services, and the Interface including but not limited to, any software, computer code, algorithms, technology, themes, objects, concepts, artwork, animations, sounds, methods of operation, and documentation, as well as all intellectual and proprietary rights related thereto. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Services.

Trademarks. Plasma’s stylized name and all related graphics, logos, service marks and trade names used on or in connection with any Services, or in connection with the Services, are the trademarks of Plasma and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.

Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Plasma through its suggestion, feedback, wiki, discord, forum, or other pages or means (“Feedback”) is at your own risk and that Plasma has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Plasma a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Services and/or Plasma’s business.

USER CONDUCT.

You agree that you are solely responsible for your conduct in connection with the Services. You agree that you will abide by this Agreement and will not (and will not attempt to): (1) provide false or misleading information to Plasma; (2) use or attempt to use another User’s Digital Wallet; (3) pose as another person or entity; (4) use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner; (5) develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Services; (6) bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Services; (7) attempt to circumvent any content-filtering techniques we employ; (8) collect or harvest data from our Services that would allow you to contact individuals, companies, or other persons or entities, or use any such data to contact such entities; (9) use data collected from our Services for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing); (10) bypass or ignore instructions that control all automated access to the Services; (11) use the Service for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates any applicable law or this Agreement; (12) carry out any illegal activities in connection with or in any way related to your access to and use of the Services, including but not limited to money laundering, terrorist financing, or deliberately engaging in activities designed to adversely affect the performance of the Services; (13) engage in or knowingly facilitate any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading activities, including: (a) trading User Assets at successively lower or higher prices for the purpose of creating or inducing a false, misleading or artificial appearance of activity in such User Asset, unduly or improperly influencing the market price for such User Asset on the Services or the Network or establishing a price which does not reflect the true state of the market in such User Asset; (b) for the purpose of creating or inducing a false or misleading appearance of activity in a User Asset or creating or inducing a false or misleading appearance with respect to the market in a User Asset: (i) executing or causing the execution of any transaction in a User Asset which involves no material change in the beneficial ownership thereof; or (ii) entering any order for the purchase or sale of a User Asset with the knowledge that an order of substantially the same size, and at substantially the same price, for the sale of such User Asset, has been or will be entered by or for the same or different parties; or (c) participating in, facilitating, assisting or knowingly transacting with any pool, syndicate or joint account organized for the purpose of unfairly or deceptively influencing the market price of a User Asset; (14) use the Services to carry out any financial activities subject to registration or licensing, including but not limited to using the Services to transact in securities, debt financings, equity financings or other similar transactions except in strict compliance with applicable law; (15) use the Service to participate in fundraising for a business, protocol, or platform except in strict compliance with applicable law; or (16) attempt to access any Digital Wallet that you do not have the legal authority to access. Any unauthorized use of any Services terminates the licenses granted by Plasma pursuant to the Agreement.

Prohibited Activities List. In addition to the foregoing, your use of Plasma One is subject to the Prohibited Activities List, attached hereto as Appendix I and incorporated herein by reference (the “Prohibited Activities List”). The Prohibited Activities List sets forth certain geographic and jurisdictional restrictions, prohibited conduct, platform integrity requirements, digital asset-specific restrictions, and activities requiring enhanced due diligence. You acknowledge that you have read, understood, and agree to comply with the Prohibited Activities List. Any violation of the Prohibited Activities List shall constitute a material breach of this Agreement, and Plasma reserves the right to immediately suspend or terminate your access to the Services, freeze any associated accounts or assets, and report suspected violations to applicable regulatory or law enforcement authorities, in each case without prior notice or liability to you.

FEES.

  • Fees. Access to the Website and certain Services are free. However, Plasma reserves the right to charge fees (“Fees”) in connection with your use of certain Services from time to time. All pricing and payment terms for such Fees are as indicated on the Service, and any payment obligations you incur are binding at the time of the applicable transaction. In the event that Plasma makes available, and you elect to purchase, any Services in connection with which Plasma charges Fees, you agree that you will pay Plasma all such Fees at Plasma’s then-current standard rates. You acknowledge and agree that Fees may fluctuate based on market conditions on the Network and notwithstanding any such fluctuation you remain liable for such Fees. You agree that all Fees are non-cancellable, non-refundable, and non-recoupable.
  • Gas Fees. You are solely responsible for ensuring that any payment made by you is sufficient to cover any Gas Fee required to complete any transaction in connection with or effect any other use of the Services. “Gas Fees” are transaction fees determined by market conditions on the Network, and are not determined, set, or charged by Plasma.
  • Taxes. You are responsible for all federal, state, local, sales, use, value added, excise, or other taxes, fees, or duties arising out of the Agreement or the transactions contemplated by the Agreement (other than taxes based on Plasma’s net income).
  • Promotions. Plasma may from time to time make available certain conditional offers, airdrops, promotional prices, or discounted fees (each, a “Promotion”) to new or existing users of the Services. The rules governing such Promotion will be made available in connection with such Promotion. Plasma will determine your eligibility for any Promotion in its sole discretion and may change the terms of or terminate a Promotion at any time, with or without notice to you.
  • Currency. You may not substitute any other currency, whether cryptocurrency or fiat currency, for the currency in which you have contracted to pay any Fees. For clarity, no fluctuation in the value of any currency, whether cryptocurrency or otherwise, shall impact or excuse your obligations with respect to any purchase.
  • Payment Processing Services. Plasma may add or change any payment processing services at any time. Such services may be subject to additional terms or conditions.

Indemnification.

You agree to indemnify and hold harmless Plasma, its parents, subsidiaries, affiliates, related parties, officers, employees, agents, partners, suppliers, and licensors (each, an “Plasma Party” and collectively, the “Plasma Parties”) from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) your use of, or inability to use, any Services (including the Interface); (b) your violation of the Agreement, including any of your representations or warranties hereunder; (c) your violation of any rights of another party, including any Users; (d) your failure to provide accurate or complete data in connection with your use of the Services; (e) your violation of any applicable laws, rules or regulations. Plasma reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Plasma in asserting any available defenses. This provision does not require you to indemnify any of the Plasma Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, material misrepresentation or concealment, or suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of the Agreement and/or your access to Services.

RELEASE.

TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU HEREBY RELEASE THE PLASMA PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION, WHATSOEVER, ARISING OUT OF OR RELATED TO ANY LOSS WHICH MAY BE SUSTAINED BY YOU WHILE USING, ARISING OUT OF, OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING ANY DIMINUTION OF VALUE TO OR LOSS OR THEFT OF ANY USER ASSETS. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS RELEASE IS BINDING UPON YOUR RELATIVES, SPOUSE, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, BENEFICIARIES, PARTNERS, AND ANY OTHER AFFILIATES OR INTERESTED PARTIES.

To the maximum extent permissible by applicable law, you waive and relinquish any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver, including any all rights and benefits which you have or may have under California Civil Code Section 1542 or any similar law or code in your jurisdiction, which states in substance “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You acknowledge that the releases in these Terms of Service are intended to be as broad and inclusive as permitted by law, and as a complete and continuous release and waiver of liability for any and all use of the Services.

DISCLAIMER OF WARRANTIES AND CONDITIONS.

As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF SERVICES IS AT YOUR SOLE RISK, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. PLASMA PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE. PLASMA PARTIES MAKE NO REPRESENTATION THAT THE SERVICES WILL FUNCTION AS INTENDED OR BE SUITABLE FOR YOUR PURPOSES, AND YOU BEAR ALL RISK ASSOCIATED WITH ANY USER ASSETS THAT YOU USE IN CONNECTION THEREWITH.

PLASMA PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SERVICES, WEBSITE, OR SERVICES WILL BE ACCURATE OR RELIABLE. PLASMA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE NETWORK OR YOUR USE OF THE SAME. THE PLASMA PARTIES MAKE NO REPRESENTATION THAT THE WEBSITE OR SERVICES WILL BE FREE OF THIRD-PARTY MALWARE, HACKS OR OTHER CYBERSECURITY BREACHES.

ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS THEREFROM.

THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. PLASMA MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PLASMA OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

From time to time, PLASMA may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at PLASMA’S sole discretion. The provisions of this section apply with full force to such features or tools.

PLASMA Is Not an Investment OR FINANCIAL Advisor NOR IS IT A VIRTUAL ASSET SERVICE PROVIDER. NEITHER PLASMA NOR ITS SUPPLIERS OR LICENSORS SHALL BE RESPONSIBLE FOR INVESTMENT AND OTHER FINANCIAL DECISIONS, OR DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICES OR ANY DIGITAL WALLET. NEITHER PLASMA NOR ITS SUPPLIERS OR LICENSORS SHALL BE CONSIDERED AN “EXPERT” UNDER THE APPLICABLE SECURITIES LEGISLATION IN YOUR JURISDICTION. NEITHER PLASMA NOR ITS SUPPLIERS OR LICENSORS WARRANT THAT THIS WEBSITE COMPLIES WITH THE REQUIREMENTS OF ANY APPLICABLE REGULATORY AUTHORITY, SECURITIES AND EXCHANGE COMMISSION, OR ANY SIMILAR ORGANIZATION OR REGULATOR OR WITH THE SECURITIES LAWS OF ANY JURISDICTION.

No Liability for Blockchain Losses. WE TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF DIGITAL ASSETS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (a) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (b) SERVER FAILURE OR DATA LOSS; (c) CORRUPTED DIGITAL WALLET FILES; (d) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (e) REMOVAL OF ANY USER CONTENT ASSOCIATED WITH SUCH DIGITAL ASSETS; OR (f) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES, DIGITAL ASSETS, OR DIGITAL WALLETS. Plasma is not responsible for any losses or harms sustained by you due to vulnerability or any kind of failure, abnormal behavior of the Network, software (e.g., smart contract), blockchains, or any other features of or inherent to digital assets. Plasma is not responsible for any delay or failure to report any issues with any blockchain supporting digital assets, including without limitation forks, technical node issues, or any other issues that result in losses of any sort.

No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT PLASMA PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK OR HOLD PLASMA PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. PLASMA shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities or harm to any person or entity relating to any losses, delays, failures, errors, interruptions or loss of data occurring directly or indirectly by reason of circumstances beyond PLASMA control, including without limitation through the deployment of User Assets to the Network in connection with the Services AND ANY USER ASSET INFORMATION.

No Liability in Connection with Open-Source Software. Notwithstanding anything to the contrary in these Terms of Service, you acknowledge and agree that any software or services you access under the terms of an OSS License is at your own risk, and Plasma shall not be liable for any damages, other liabilities or harm to any person or entity relating to any losses, delays, failures, errors, interruptions or loss of data occurring directly or indirectly by reason of circumstances outside beyond Plasma control, including without limitation through your use of any content under the terms of an OSS License.

No Liability for Third-Party Materials. As a part of the Services, you may have access to materials that are hosted or made available by another party. You agree that it is impossible for Plasma to monitor such materials and that you access these materials at your own risk.

No Liability for User Asset Information. The User Asset Information provided by Plasma as part of the Services rely on Third-Party Services, and may not be reliable, consistent or dependent. Plasma provides the User Asset Information for your convenience and makes no warranty that such User Asset Information is accurate or complete and encourages you to regularly verify through independent sources that such User Asset Information is accurate and complete.

No Guaranteed Returns. All claims, estimates, specifications, and performance measurements described on the Services, including any projected gain, return, or yield on any Digital Asset are good-faith statements but subject to change from time to time in response to market conditions, unanticipated third-party activities, and other changes. You are solely responsible for checking and validating the accuracy and truthfulness of such statements, and Plasma shall have no responsibility or obligation relating to the foregoing. Any content produced by Plasma on the Services has not been subject to audit and is for informational purposes only. You rely on the Services at your own risk.

All claims, content, designs, algorithms, estimates, roadmaps, specifications, and performance measurements described in the Services are done in the good faith efforts of Plasma and its affiliates. It is up to you to check and validate their accuracy and truthfulness. Furthermore, nothing in the Service constitutes a solicitation for investment. Any content produced by Plasma has not been subject to audit and are for educational and inspiration purposes only. Plasma does not encourage, induce, or sanction the deployment, integration, or use of the Service in violation of applicable laws or regulations and hereby prohibits any such deployment, integration or use. This includes use of any such applications by you (a) in violation of export control or sanctions laws of the United States or any other applicable jurisdiction, (b) if you are located in or ordinarily resident in a country or territory subject to comprehensive sanctions administered by OFAC or another similar body, or (c) if you are or are working on behalf of a Specially Designated National (“SDN”) or a person subject to similar blocking or denied party prohibitions. You should be aware that U.S. export control and sanctions laws prohibit U.S. person (and other persons that are subject to such laws) from transacting with persons in certain countries and territories or that are on the SDN list.

LIMITATION OF LIABILITY.

  • Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL PLASMA PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT PLASMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR USE OF SERVICES OR ANY COMMUNICATIONS, INTERACTIONS OR EXCHANGES WITH OTHER USERS OF SERVICES OR THIRD PARTIES THAT INTERACT WITH THE SERVICES, ON ANY THEORY OF LIABILITY, INCLUDING ANY SUCH DAMAGES RESULTING FROM: (a) LOSS OR DIMINISHMENT IN VALUE OF USER ASSETS, (b) THE USE OR INABILITY TO USE SERVICES; (c) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (e) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION, THE NETWORK; (f) ANY USE OF THE NETWORK, OR (g) ANY OTHER MATTER RELATED TO SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A PLASMA PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A PLASMA PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A PLASMA PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
  • Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, PLASMA PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) $100; or (b) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES where such remedy or penalty cannot be waived or reduced pursuant to this agreement. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A PLASMA PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A PLASMA PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A PLASMA PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

User Content. PLASMA ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PLASMA AND YOU.

MONITORING AND ENFORCEMENT.

If Plasma becomes aware of any possible violations by you of the Agreement, Plasma reserves the right to investigate such violations. If, as a result of the investigation, Plasma believes that criminal activity has occurred, Plasma reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Plasma is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including any information related to your Digital Wallet and other Registration Data, in Plasma’s possession in connection with your use of Services, (i) to comply with applicable laws, legal process or governmental request; (ii) to enforce the Agreement (iii) to respond to your requests for customer service, or (iv) to protect the rights, property or personal safety of Plasma, its Users or the public, and all enforcement or other government officials, as Plasma in its sole discretion believes to be necessary or appropriate.

TERM AND TERMINATION.

  • Term. The Agreement commences on the date when you accept the Agreement (as described in the preamble above) and remain in full force and effect while you use Services, unless terminated earlier in accordance with the Agreement.

Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used Services or (b) the date you accepted the Agreement, and will remain in full force and effect while you use any Services, unless earlier terminated in accordance with the Agreement.

Termination of Services by Plasma. Plasma reserves the right to terminate this Agreement and your access to the Services at any time, for any or for no reason, with or without notice to you.

Termination of Services by You. If you want to terminate the Services provided by Plasma, you may do so by (a) notifying Plasma at any time and (b) ceasing all further use of the Services. Your notice should be sent, in writing, to Plasma’s email address set forth in Section 16.15.

Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Upon termination of any Service, your right to use such Service will automatically terminate immediately. Plasma will not have any liability whatsoever to you for any suspension or termination. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, indemnification and limitation of liability.

No Subsequent Registration. If your ability to access the Services, is discontinued by Plasma due to your violation of any portion of the Agreement, then you agree that you shall not attempt to re-register with or access the Services, and you acknowledge that you will not be entitled to receive a refund for any Fees related to those Services to which your access has been terminated.

INTERNATIONAL USERS.

Services can be accessed from countries around the world and may contain references to Services that are not available in your country. These references do not imply that Plasma intends to offer such Services in your country. Plasma makes no representations that Services are appropriate or available for use in other locations. Anyone accessing the Services does so of their own volition and is responsible for compliance with applicable law. Without limiting the foregoing, Users located in or connected to jurisdictions identified in the Prohibited Activities List may be restricted from accessing or using certain Services.

ARBITRATION AGREEMENT.

Please read this Section 15 (the “Arbitration Agreement”) carefully. It is part of your contract with Plasma and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.

Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Plasma agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of the Services, any communications you receive, or this Agreement and prior versions of this Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and Plasma may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Plasma may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that were not noticed at the time you first became subject to this Agreement, but that arose or involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement.

Informal Dispute Resolution. There might be instances when a Dispute arises between you and Plasma. If that occurs, Plasma is committed to working with you to reach a prompt, low‐cost and mutually beneficial resolution. You and Plasma agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court (“Informal Dispute Resolution”). You and Plasma agree that, as part of these efforts, either party has the option to ask the other to meet and confer telephonically (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate.

To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“Notice”). Such Notice to Plasma should be sent by email to the email listed in Section 16.15. The Notice must include: (1) your name, telephone number, mailing address, and e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of the Dispute, including the specific relief sought. Plasma will send Notice, including a description of the Dispute, to your email address or regular address on file. It is your responsibility to ensure your email and regular address are correct and remain up to date. The Notice must be signed by the party initiating the Dispute (i.e., either you personally or a Plasma representative).

The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. The Informal Dispute Resolution Conference, if requested by either party, shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple Users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.

The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution.

Waiver of Trial in Front of Judge or Jury. YOU AND PLASMA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Plasma are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 15.1. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class and Other Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 15.9. Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this Section 15.4, are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Plasma agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the courts located in the Cayman Islands. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all Disputes between the parties that remain in arbitration are finally resolved. All other Disputes shall be arbitrated or litigated in small claims court. This Section 15.4 does not prevent you or Plasma from participating in a class-wide or mass settlement of claims.

Rules and Forum. This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration (defined below), and any arbitration. If Informal Dispute Resolution does not resolve satisfactorily within forty-five (45) days after receipt of a Notice, or after completion of the Informal Dispute Resolution Conference, if requested, you and Plasma agree that either party shall have the right to finally resolve the Dispute through binding arbitration.

The arbitration will be administered by the National Arbitration & Mediation (“NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Comprehensive Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”; together with the NAM Comprehensive Rules, the “NAM Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Demand”). The Demand must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration, and the Account username (if applicable), as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. Any Demand you send to Plasma should be sent by email to the email listed in Section 16.15. Plasma will provide the Demand to your email address on file. It is your responsibility to keep your contact information up to date.

If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”).

Unless you and Plasma otherwise agree, or the Batch Arbitration process discussed in Section 15.9 is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in London, United Kingdom. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”).

You and Plasma agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

You and Plasma agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.

Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in London, United Kingdom and will be selected by the parties from NAM’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under Section 15.9 is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to your right to object to that appointment.

Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding Section 15.4, including any claim that all or part of Section 15.4 is unenforceable, illegal, void or voidable, or that Section 15.4 has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

Attorneys’ Fees and Costs. Unless fee shifting is specifically authorized by law or by the NAM Rules, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs the responding party incurred under the Fee Schedules. If you or Plasma need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall be entitled to recover from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration.

Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Plasma agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against Plasma by or with the assistance of the same law firm, group of law firms, or organizations, within a reasonably proximate period of time, for example, a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible.

All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the “Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Plasma.

You and Plasma agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the email listed in Section 16.15, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. Any opt-out Notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or Plasma’s rights. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.

Invalidity, Expiration. Except as provided in Section 15.4 if any part or parts of this Arbitration Agreement (other than Section 15.9) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if Section 15.9 is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in London, United Kingdom. You further agree that any Dispute that you have with Plasma as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction. You and Plasma agree that any Dispute must commence within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.

Modification. You and we agree that Plasma retains the right to modify this Arbitration Agreement in the future. Any such changes will be posted on the Services, and you should check for updates regularly. Notwithstanding any provision in this Agreement to the contrary, we agree that if Plasma makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of the Services, including the acceptance of products and services offered on the Services following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of this Agreement with an arbitration agreement and you did not validity opt of arbitration then, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. Plasma will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.

GENERAL PROVISIONS.

Independent Contractors. The relationship of Plasma and you under this Agreement is that of independent contractors. Notwithstanding anything else set forth herein, neither party will be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither will have any right, power or authority to create any obligation or responsibility on behalf of the other. Your use of the Services shall not imply, suggest, or otherwise attempt to create an employment relationship between Plasma and you.

  • Electronic Communications. The communications between you and Plasma may take place via electronic means, whether you visit Services or send Plasma e-mails, or whether Plasma posts notices on Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Plasma in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Plasma provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.

Release. You hereby release Plasma Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of Services.

Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Plasma’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Plasma may assign this Agreement at any time without your consent.

Force Majeure. Plasma shall not be liable for any delay or failure to perform resulting from causes outside its control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, epidemics, pandemics, governing laws, rules or regulations, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Services, please contact us at the email address listed in Section 16.15. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Plasma agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the courts of courts of London, United Kingdom.

Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of CAYMAN ISLANDS, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the AGREEMENT.

Choice of Language. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English.

Notice. Where Plasma requires that you provide an e-mail address, you are responsible for providing Plasma with your most current e-mail address. In the event that the last e-mail address you provided to Plasma is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Plasma’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Plasma at the email address listed in Section 16.15. Such notice shall be deemed given when received by Plasma at the email address listed in Section 16.15 or by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

Export Control. You may not use, export, import, or transfer Services except as authorized by the laws of the jurisdiction in which you access Services, and any other applicable laws.

Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Contact Information.

Plasma

c/o CO Services Cayman Limited

P.O Box 10008, Pavilion East, Cricket Square

George Town, Cayman Islands, KY1-1001

email address: legal@plasma.to

APPENDIX I - PLASMA ONE PROHIBITED ACTIVITIES LIST

This Prohibited Activities List is incorporated by reference into, and forms part of, the Plasma Terms of Service. Capitalized terms not defined herein shall have the meanings ascribed to them in the Terms of Service. By accessing or using Plasma One, you acknowledge that you have read, understood, and agree to comply with this Prohibited Activities List.

1. Geographic and Jurisdictional Restrictions

1.1 Sanctioned Jurisdictions

Access to and use of the Plasma One platform and associated card services is prohibited for individuals, entities, and wallet addresses located in, organized under the laws of, or otherwise connected to jurisdictions subject to comprehensive economic sanctions or designated as high-risk under international AML/CFT standards. Prohibited jurisdictions include:

  • Cuba, Iran, and North Korea
  • The Crimea, Donetsk, Luhansk, Kherson, and Zaporizhzhia regions of Ukraine
  • Any other jurisdiction subject to sanctions administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), the European Union, the United Kingdom's Office of Financial Sanctions Implementation (OFSI) under the Sanctions and Anti-Money Laundering Act 2018, or the United Nations Security Council.

1.2 Additional Restricted Jurisdictions

Plasma may, in its sole discretion, restrict or terminate access for users located in or connected to the following jurisdictions based on evolving regulatory requirements, compliance considerations, or risk assessments:

Afghanistan, Belarus, Bosnia and Herzegovina, Central African Republic, China (Mainland), Cuba, the Democratic Republic of the Congo, Guinea, Guinea-Bissau, Haiti, India, Iran, Iraq, Israel, Libya, Mali, Myanmar, Nepal, Nicaragua, North Korea, Russia, Somalia, South Sudan, Sudan, Syria, Turkey, Ukraine, Venezuela, Vietnam, Yemen, and Zimbabwe.

This list is not exhaustive and may be updated without prior notice.

Plasma may not support onboarding or card use in jurisdictions that present elevated legal, regulatory, or sanctions-related risks. Users located in or connected to countries identified on international monitoring lists, including but not limited to the Financial Action Task Force (FATF) Grey List or similar designations by regional bodies, may be subject to case-by-case review.

2. Prohibited Conduct

Users are strictly prohibited from using Plasma One to engage in, facilitate, or otherwise support the following activities:

2.1 Unlawful and Regulated Activities

  • Sale, distribution, or promotion of controlled substances classified under Schedule I, or Schedules II–V without valid pharmaceutical licensure;
  • Manufacture, sale, or distribution of weapons, firearms, ammunition, explosives, or related accessories;
  • Creation, distribution, or possession of child sexual abuse material or any content that exploits minors;
  • Payments on dark web or for hacking/cybercrime services;
  • Unlicensed or illegal auction houses;
  • Acceptance, transmission, or facilitation of anonymous or pseudonymous donations for regulated activities where donor identification is legally required;
  • Structuring, promoting, or participating in pyramid schemes, Ponzi schemes, multi-level marketing fraud, or similar deceptive arrangements;
  • Human trafficking, forced labor, exploitation, or any form of modern slavery;
  • Money laundering, terrorist financing, proliferation financing, or the use of digital assets to conceal or disguise the origin, nature, or destination of illicit proceeds, including without limitation conduct constituting an offence under Part 5 of the Cayman Islands Proceeds of Crime Act (2025 Revision) or Sections 327 to 329 of the United Kingdom Proceeds of Crime Act 2002;
  • Use of Plasma One to provide services to jurisdictions subject to comprehensive sanctions or embargoes, where prohibited by law;
  • Unauthorized export, re-export, transfer, or access (including deemed exports) of dual-use items, encryption software, cryptographic technology, source code, or controlled technical data, in violation of applicable export control, sanctions, or trade compliance laws;
  • Privacy law violations, e.g., buying, selling, or trading illegally obtained personal, medical, or financial data;
  • Facilitate tax evasion, false tax reporting, or concealment of taxable events; or
  • Any activity intended to undermine, bypass, disable, or interfere with Plasma’s compliance controls, monitoring systems, audits, or risk management processes.

2.2 Intellectual Property Infringement

  • Distribution, sale, or reproduction of copyrighted works without authorization, including but not limited to software, music, film, and digital media;
  • Sale or promotion of counterfeit, replica, or unauthorized goods bearing third-party trademarks; or
  • Misappropriation of trade secrets, patents, or other proprietary rights.

2.3 Hateful, Violent, or Extremist Content

  • Funding, promoting, or materially supporting terrorism, violent extremism, or acts of mass violence; or
  • Use of Plasma One to disseminate content that incites hatred, discrimination, or violence against individuals or groups based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic.

3. Platform Integrity and Identity Requirements

Users shall not:

  • Provide false, misleading, or incomplete information regarding their identity, beneficial ownership, source of funds, or the nature of their business activities;
  • Conduct transactions on behalf of undisclosed third parties or act as an unlicensed intermediary;
  • Use Plasma's name, logo, trademarks, or branding without prior written consent; or
  • Impersonate Plasma or falsely represent any affiliation, endorsement, partnership, or sponsorship relationship with Plasma.

4. Digital Asset and Blockchain-Specific Restrictions

The following activities are prohibited in connection with use of Plasma One:

  • Use of mixing, tumbling, or similar obfuscation services intended to conceal the source, destination, or beneficial ownership of digital assets;
  • Transacting with wallet addresses, smart contracts, or protocols identified on OFAC's Specially Designated Nationals (SDN) List, the United Kingdom's OFSI Consolidated List (or, from 28 January 2026, the UK Sanctions List), or any list maintained by CIMA or equivalent regulatory authority, or otherwise flagged by Plasma's blockchain analytics and compliance partners;
  • Attempting to circumvent, disable, or interfere with platform security measures, jurisdictional controls, transaction monitoring systems, or risk-based limitations; or
  • Exploiting vulnerabilities in smart contracts, protocols, or platform infrastructure.

5. Restricted Activities Requiring Enhanced Due Diligence

The following activities are not prohibited outright but may require enhanced onboarding, monitoring, and prior written authorization from Plasma:

  • Users engaged in financial services, including operation of crypto exchanges, broker-dealers, money service businesses, or payment service providers;
  • High-value transactions or transaction patterns consistent with structuring or smurfing under applicable law;
  • Activities subject to enhanced due diligence requirements under the Cayman Islands Anti-Money Laundering Regulations or the United Kingdom Money Laundering Regulations 2017, including transactions involving politically exposed persons (“PEPs”), their family members, or known close associates; or
  • Card transactions at merchant categories associated with elevated financial crime risk, including but not limited to cash-equivalent transactions, money orders, wire transfers, and stored-value card loading.

6. Modifications and Updates

Plasma may amend this Prohibited Activities List at any time to reflect changes in applicable law, regulatory guidance, sanctions designations, blockchain analytics, or internal risk policies. Changes will be communicated through Plasma One or via the contact information associated with your account. Continued use of Plasma One following any such modification constitutes acceptance of the updated Prohibited Activities List.

Plasma reserves the right to update this Prohibited Activities List at any time in response to changes in regulatory guidance from CIMA, the FCA, OFAC, OFSI, the FATF, or any other applicable regulatory body, as well as in response to updates in blockchain analytics or internal risk assessments.

For questions regarding this Prohibited Activities List or to report suspected violations, please contact legal@plasma.to.