Terms of Use

Last updated: 15 September 2026

Please read the following Terms of Use (the “Terms”) carefully before using, interacting with or accessing the website at zk.money (the “Site”), and the tools, products, and services (provided through desktop applications, mobile applications, or otherwise), including any and all content, features, functionality and all information submitted through them (together with the Site, the “Services”). These Terms constitute a binding agreement between you, whether personally or on behalf of an entity you represent (“you,” “your,” or “user”) and Obsidion Labs Limited (“Obsidion Labs”, “we”, “us”, “our”). Your viewing, access and use of, or interaction with, the Services constitutes your agreement to these Terms and our Privacy Policy, and any other additional terms and conditions and policies referenced herein or made available by us or through our Services. You understand that these Terms govern all aspects of your relationship with Obsidion Labs. If you do not agree to be bound by these Terms, you must not access, view, interact with or use the Services.

NOTICE: THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 18. THIS AFFECTS THE REMEDIES AVAILABLE TO YOU AND YOUR RIGHTS WITH RESPECT TO ANY “DISPUTE” BETWEEN YOU AND OBSIDION LABS AND MAY REQUIRE YOU TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT. PLEASE READ THIS ENTIRE AGREEMENT, INCLUDING THAT SECTION, CAREFULLY.

1. Changes to these Terms

We may update, amend, alter, or modify these Terms at any time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued access or use of any of the Services following such changes to these Terms shall indicate your acknowledgement of and your agreement to be bound by them. You are expected to visit this page periodically to review these Terms so that you are aware of any changes. If you do not agree to the amended Terms, you must stop using the Services.

2. Eligibility

The Services are intended only for users who are eighteen (18) years of age or older. By accessing or using any of the Services, you represent that you are at least 18 years of age and have the full right, power, and authority on behalf of yourself or the entity that you represent to bind yourself and comply with these Terms.

You may not access, view, interact with or use the Services if you are a resident of the United Kingdom.

3. zk.money

The Services may provide you with access to certain functionalities including the use of oxide and zk.money (collectively “zk.money”). zk.money is a non-custodial, permissionless software infrastructure that users can use to enable digital transactions, including stablecoins such as DAI, cryptocurrencies, tokens, and other blockchain-based assets (collectively, “Digital Assets”).

Key Infrastructure Components

Oxide Protocol. Oxide is a protocol that runs "alongside" the Aztec Network that provides an independent layer of security against vulnerabilities in the Aztec Network's proving system. It requires that users simulate the Aztec Network transaction they intend to perform, such as a transfer within the Aztec Network or a withdrawal to Ethereum, and send the results of that simulation to an AWS Nitro Enclave which returns a signature attesting to the validity of the operation If the Aztec Network suffers a liveness failure and the underlying portal is frozen, users can exit directly to the Ethereum portal. Anyone can run an enclave. See https://github.com/aztec-labs-eng/oxide/blob/main/DESIGN.md for a technical description of the Oxide protocol. Oxide is composed of the following key components:

  • Oxide Enclaves. verify transaction inputs and outputs against the Aztec state as a second-factor of authorization. Oxide Enclaves never receive users’ signing keys.
  • Provers. Provers are generic provers of Aztec blocks.

zk.money Protocol. zk.money is a non-custodial private Digital Asset protocol that runs on top of Oxide. zk.money is composed of the following key components:

  • ENS Handles. Users may set up ENS handles through oxide, which includes setting up an ENS CCIP subdomain.
  • Segregated Incoming Payment Address (“SIPA”) Resolver. Notifies the user and relayers when a payment arrives. The Resolver never holds funds and cannot redirect users’ transactions.
  • Credentials. Users’ credentials may be setup through an authenticator that supports pseudo-random function (“PRF”), including, but not limited to, Passkey, Apple’s native implementation, and 1Password.
  • Links. Users have the ability to send Digital Assets through links using recipients’ smart contract addresses or ENS handles (the “Links”). Recipients may claim sent Digital Assets by proving ownership of that identifier. Users will also be able to send links that may be claimable by anyone with the link and also use links to receive Digital Assets. Obsidion does not custody Digital Assets or control Links’ intended recipient.
  • Requests. A user may request that a certain amount of Digital Assets be paid. These requests are sent to a contract via XMTP or as a shareable link.

For further information on zk.money, please refer to https://docs.zk.money/ (“zk.money docs”). In case of any inconsistencies between zk.money as described in these Terms or zk.money docs, the zk.money docs shall prevail at all times.

Key Features of zk.money

  • Non-custodial. zk.money is non-custodial and self-directed. Obsidion Labs does not custody or control users’ Digital Assets, nor does it have access to or hold private keys. We are not a counterparty to transactions that are conducted through zk.money. We cannot access, transfer, recover, reverse, or freeze your Digital Assets on your behalf. You are solely responsible for correctly identifying intended recipients of your Digital Assets.

  • Non-controlling.

    • zk.money smart contracts are not upgradeable at the discretion of Obsidion Labs, or any other party. Where any upgrade mechanism exists, it: (a) is limited to security patches, bug fixes, and infrastructure enhancements; (b) requires multisig authorization and cannot be exercised unilaterally by any single party; and (c) does not give any party the ability to access, freeze, seize, or redirect user funds.
    • zk.money functions solely as infrastructure. Obsidion Labs is not a party to, or required to execute or facilitate, any transfer between users; transfers occur directly between users through the operation of software.
    • Relayer functionality, where used, may be operated by independent third parties, including users themselves. Obsidion Labs does not operate a relayer, control relayer selection, or profit from relayer activity.

  • Transaction Limits. Transactions conducted through immutable smart contracts and associated with zk.money may be subject to limits on transaction volume, value, and frequency (the “Transaction Limits”). The per-transaction Transaction Limits on deposits, transfers, and withdrawals are capped at two thousand five hundred dollars (US$2,500) per transaction. Daily Transaction Limits for aggregate deposits are capped at fifty thousand dollars (US$50,000) per day. These transaction limits are coded into the zk.money smart contracts and are not changeable.

4. Intellectual Property Ownership

You acknowledge and agree that all legal right, title and interest in the Services and their contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and the design, selection, and arrangement thereof) and other third-party content, are/may be owned by Obsidion Labs, its licensors, or other providers of such material and are protected by the British Virgin Islands and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your compliance with these Terms, we hereby grant you a limited, personal, non-exclusive, nontransferable, non-assignable, non-sublicensable, revocable license to use the Services for the limited purpose it is provided to you, solely in accordance with these Terms. This license is effective until terminated. We may terminate or suspend any or all portions or features of the Services at any time and for any reason or for no reason with no liability to you. Except for the limited license provided in this Section, nothing in these Terms grant you any right, title, or interest in or to any intellectual property rights in or relating to the Services. There are no implied licenses granted under these Terms unless expressly stated in these Terms.

By using the Services, you grant us a limited, non-exclusive, sublicensable, worldwide royalty free license to use, copy, modify and display any content you provide to us or that you post on or through any of the Services solely for our business purposes, including but not limited to the purpose of providing the Services for so long as is necessary to do so.

Obsidion Labs and zk.money’s name, and all trademarks, logos, taglines, service names, designs, and slogans on the Services are trademarks of Obsidion Labs or its affiliates or licensors. You must not use such marks without our prior written permission. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

5. No Responsibility for Wallets or Digital Assets

You may be required to connect your self-custodial, self-hosted digital asset wallet (“Wallet”) in order to access the Services. You acknowledge and agree that we cannot control, provide guarantees for, or access your Wallet, Digital Assets, or its private keys and that you are solely responsible for your Wallet security and familiarizing yourself with it and its safety and security features, including any private keys and passwords associated therewith. You should consult the terms of service provided by your Wallet provider to understand your rights and responsibilities as they relate to your Wallet. This also means that we are unable to assist with transactions: please be vigilant in interacting with Ethereum or Aztec or any other immutable blockchain technology. You are solely responsible for transactions involving your own Digital Assets, and we expressly disclaim any liability for any losses or changes in value of your Digital Assets in connection with your use of the Services.

6. Acknowledgement and Assumption of Risk

Blockchains and their attendant technologies involved in using any Services are novel, technologically complex, and involve inherent risk, protocol upgrades and other technological mechanisms may contain bugs or security vulnerabilities that may result in loss of functionality and ultimately of funds, and the Services involve technological innovations such that the results of usage of or interaction with them depend on factors beyond our control, including but not limited to network health, congestion, latency, incentives, user configuration settings, operation of third party software or hardware, wallet or account compatibility, protocol upgrades or forks, the activities of searchers, block builders and others. You acknowledge and agree that there are risks associated with using the Services. You should also familiarize yourself with the risks involved with transacting on blockchain networks, including but not limited to smart contract vulnerabilities, front end vulnerabilities, hacks, phishing attacks, social engineering attacks, risks of losing access to Digital Assets due to loss of private keys, Digital Asset volatility, and transaction irreversibility. You understand that like any other software, the Services could be at risk of third-party malware, hacks or cybersecurity breaches. You agree that it is your responsibility to monitor your Digital Assets, Wallet, and account regularly and confirm their proper use and deployment consistent with your intentions. We do not and cannot guarantee the security, performance, or reliability of the protocol, or any associated blockchain networks, protocols or tools. We do not authorize, control, or endorse the purchase or sale of Digital Assets and are not liable to you for any losses that you may incur in connection with purchasing or selling Digital Assets.

7. Representations

You represent and warrant that (i) you are solely responsible for (a) properly configuring and using the Services and for taking appropriate action to secure your data and devices when doing so, including without limitation, financial information, Digital Assets, authentication service passwords and data (e.g., Passkeys), and private keys, (b) verifying the details of any transaction submitted through the Services, (c) verifying recipient information (including, but not limited to, ENS handles, smart contract addresses), and (d) withholding, filing, collecting, reporting, and remitting all taxes, duties and other governmental assessments associated with your Digital Assets and activity in connection with the Services; (ii) you have read and understand these Terms; (iii) you are eighteen (18) years of age or older; (iv) you have the financial and technical sophistication to properly use, access and interact with the Services and that you understand the inherent risks of blockchain technology, Digital Assets, and smart contracts, among other related technologies; (v) you do not have a right against us to request a refund for any Digital Asset; (vi) you are using and accessing the Services on your own initiative and are responsible for compliance with all laws, including your local laws; (vii) all use and interaction of the Services is entirely at your own risk; (viii) the Services may not be available without interruption or for any particular duration, and we shall not be responsible for any losses, damages, costs, expenses, lost opportunities or other harm suffered by you in connection with any interruption or termination of the Services; (ix) you are solely responsible for any fees relating to transactions on any blockchain, including any transaction (or "gas") fees. You further acknowledge and agree that use of the Services may carry financial risk. You understand that blockchains and the applications built thereon are inherently risky and highly experimental by their nature and could result in the loss of the full amount supplied, and that Digital Assets are neither deposits of or guaranteed by any bank nor insured by the FDIC or by any other government agency. Transactions entered into in connection with Ethereum, Aztec, or other blockchains are irreversible and final. You acknowledge and agree that you will access and use the Services at your own risk. The risk of loss in transacting in Digital Assets can be substantial.

You further represent that:

  • your access to the Services is not (1) prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over us, you, the Services, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, "Applicable Laws"); or (2) contribute to or facilitate any illegal activity. You represent and warrant that you will comply with all Applicable Laws, and you will not use the Services if the laws of your country, or any Applicable Law, prohibit you from doing so; and
  • you and for the duration of the time that you use the Services, (a) will not be the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties; (b) will not be in contravention of any laws and regulations pertaining to anti-money laundering or terrorist financing; (c) will not be included on the List of Specially Designated Nationals and Blocked Persons maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) or on any sanctions list of the United Kingdom Foreign, Commonwealth & Development Office (“FCDO”) and/or pursuant to the European Union (“EU”) regulations; (d) will not be located, ordinarily resident, organized, established, operationally based, or domiciled in the United Kingdom or the State of New York (USA); (e) will not be located, ordinarily resident, organized, established, operationally based, or domiciled in Cuba, Iran, North Korea, the Crimea, Donetsk and Luhansk Regions of Ukraine, or any other country or territory in which sanctions imposed by the United Nations (whether through Security Council or otherwise), OFAC, the EU or FCDO apply, or otherwise pursuant to sanctions imposed by the U.N., OFAC, FCDO, or the EU; and (f) will not be engaged in the business of offering illegal or controlled products or services including, without limitation, firearms, explosives, dangerous materials, drugs, pornography, illegal gambling, human trafficking, wildlife trade, products and services derived from endangered or threatened species or other activities which may be considered illegal, dangerous or harmful; and (g) shall not and will not allow restricted persons to use a virtual private network (e.g., a VPN) or other means to inappropriately/evasively access any of the Services. If you do not meet the aforementioned requirements, you must immediately cease accessing or using the Services.

8. Fees

The zk.money protocol funds its sponsorship of your network transaction fees through a small deduction taken automatically as part of transaction flows (the “FPC Funding Fee”). The FPC Funding Fee may be deducted by the underlying smart contracts as part of the transaction itself; it is not billed to you separately. Depending upon your transaction path, FPC Funding Fees may be deducted from transfer amounts through self-service and relayer-swept transactions. Certain transactions may be eligible for network fee sponsorships through fee juice balances. Changes to any fee structure should be expected over time.

9. Access and Use; Prohibited Conduct

To access the Services, you may be asked to provide certain registration or other information. It is a condition of your use of the Services that all of the information you provide in connection with the Services is correct, current, and complete. You also agree to pay us any applicable fees we may charge in connection with your use of the Services. If you choose or are provided with a username, password, or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Your account is provided through blockchain-based smart contracts and is not controlled by us. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username, password, or any other breach of security. We may suspend or terminate your account and your ability to use the Services or portions thereof for failure to comply with the Terms.

When registering for the Services, you may be asked to select a user registration handle. User registration handles are not guaranteed and are not owned by you. Obsidion Labs reserves the right to revoke, suspend, or terminate any user handle. Your use of a registration handle may be contingent upon your subscribing to paid subscriptions.

You acknowledge and agree that any data provided to you through the Services is for your internal use only, and may not be directly resold or sublicensed to third parties.

You agree to access, use or otherwise interact with the Services only in an authorized, proper and appropriate manner and in accordance with these Terms and with all Applicable Laws. You agree, in connection with the Services, not to:

  • violate the Terms;
  • violate any Applicable Laws or regulations through your access to or use of the Services;
  • share any information with us or through the Services in violation of any law.
  • exploit the Services for any unauthorized purpose, or use them in a malicious way that is either illegal or causes negative impact to the network;
  • harvest or otherwise collect information from the Services for any unauthorized purpose;
  • use the Services in any manner that could disable, damage or impair them or otherwise interfere with them in any way;
  • sublicense, sell, or otherwise distribute the Services, or any portion thereof; use any data mining tools, robots, crawlers, or similar data gathering and extraction tools to scrape or otherwise remove data from the Services;
  • use any manual process to monitor or copy any of the material on the Site or that is included in the Services or for any unauthorized purpose without our prior written consent;
  • interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including, but not limited to, the deployment of viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful to the Services, attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services; or attack the Services via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Services;
  • seek to circumvent a usage or capacity limit of any of the Services;
  • defraud any person or entity, including but not limited to providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another;
  • copy, modify, or create derivative works based on the Services;
  • submit or share information that contains misrepresentations, inaccuracies, false statements, or defamatory, offensive, obscene, racist, indecent, abusive, harassing, violent, or otherwise objectionable content;
  • violate any Applicable Law, rule, or regulation concerning the trading of securities, derivatives, or commodities or violates any applicable sanctions or trade embargo laws;
  • violate any Applicable Laws or regulations through your access to or use of the Services;
  • violate any other Applicable Law, contract, intellectual property right or other third-party right or commit a tort; or
  • any attempt to reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any component of the Services, in whole or in part.

In the event that you use a Services in a prohibited manner or for any other reason we determine, in our sole discretion, we may investigate or take any other action we deem necessary, including but not limited to taking action to terminate your ability to use or access the Services or bringing legal action against you if your use or access of the Services results in harm or damage to us, to rectify the prohibited conduct or any consequences resulting therefrom and we may consult and cooperate with law enforcement authorities where and when we deem appropriate or necessary, in our sole discretion.

10. Termination

We may, at any time and at its sole discretion, suspend, terminate, deactivate, and delete your access to all or any part of the Services with or without notice to you for any reason or for no reason at all, including without limitation if: (i) you breach any provision of these Terms; or (ii) you infringe any intellectual property rights of Obsidion Labs or any third party. We reserve the right to take necessary legal action in connection with suspected illegal or unauthorized use of the Services, including but not limited to obtaining a court order, reporting such activity to law enforcement or other applicable regulatory authority.

11. Third-Party Information or Services

The Services may be integrated with or otherwise give access to applications, services, websites, tools, technology, data, operations, features or resources that are provided or otherwise made available by third parties (“Third-Party Services”), including without limitation, authentication services (e.g., Passkeys), Ethereum network, the Aztec network, stablecoin issuers, Github, Domain registrar and DNS, AWS (including AWS Nitro), Ethereum Name Service, Uniswap, Curve, and TRM Labs.

If the Services contain links to such Third-Party Services, they are provided for your convenience only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access Third-Party Services integrated with or linked to the Site or any Services, you do so entirely at your own risk and subject to the terms and conditions of use, privacy policies, or other agreements with those third parties that are applicable to those Third-Party Services, which we do not control and otherwise may have no relationship with. Please review any applicable terms, policies or agreements of Third-Party Services prior to engaging with them. We reserve the right to withdraw linking permission without notice. We have no control over and are not responsible for such Third-Party Services, including the accuracy, availability, reliability, verification or completeness of information or content shared by or available through Third Party Services, or the privacy practices of such services. Your use of Third-Party Services is directly between you and that third party, and you acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any Third-Party Services.

12. Feedback

You may voluntarily post, submit or otherwise communicate to us through any means, including through the Site and third-party channels (e.g., Discord), with questions, comments, suggestions, ideas, original or creative materials or other information in connection with the Services (collectively, “Feedback”). By posting or submitting any Feedback to us, you hereby irrevocably grant to Obsidion Labs a worldwide, perpetual, irrevocable, royalty-free, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Feedback (in whole or in part) in any media and to incorporate the Feedback into other works in any format or medium now known or later developed. You understand that Obsidion Labs may treat Feedback as nonconfidential.

13. Reliance on Information

You acknowledge and agree that all information displayed, presented on, or provided through the Services is for informational and educational purposes only and should not be construed as legal, financial, investment, or tax advice. We do not warrant the accuracy or completeness of such information. The availability of certain Digital Assets through the Services does not constitute an endorsement or solicitation or a recommendation to purchase such Digital Asset(s). We are a software provider and do not endorse any Digital Assets that are displayed or otherwise made available through the Services. Any fee figure presented before confirmation is an estimate and may vary from the amount actually paid.

14. Disclaimers and No Warranties

We make no representation or warranties about the completeness, quality, functionality, accuracy, reliability, security or availability of the Services. We reserve the right to modify, suspend, or discontinue any feature or functionality of the Services at any time with or without notice to you, and we shall not be liable to you or to any third party should we exercise such rights. The technologies on which the Services rely may be subject to sudden changes and we cannot and do not guarantee that your access to or use of the Services will be uninterrupted or error free. You assume all risks related thereto. We make no claims that the Services or any of its content is accessible or appropriate in your country.

We do not have any maintenance, update, or support obligations with respect to any of the Services. You agree that our updates to any of the Services may change the requirements necessary to use such Services, and you agree that in such an event you are responsible for any necessary actions, including but not limited to updating software or hardware to access and use such Services. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your, or any end user’s, computer equipment, computer programs, data, or other proprietary material due to your use of the Services or information obtained through the Services or to your downloading of any material posted on it, or on any website linked to it. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, YOU AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF ANY OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT ACCESS TO ANY OF THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, NEITHER OBSIDION LABS NOR ANYONE ASSOCIATED WITH OBSIDION LABS REPRESENTS OR WARRANTS THAT THE SERVICES OR INFORMATION OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, FREE OF HARMFUL COMPONENTS, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR INFORMATION OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

All third-party materials are provided “AS IS” and any representation or warranty of or concerning any third-party materials is strictly between you and the third-party owner or distributor of such third-party materials.

WE DO NOT HAVE ANY CONTROL, MANAGEMENT OR ADMINISTRATIVE CAPABILITIES OVER AZTEC, ETHEREUM, OR ANY OTHER BLOCKCHAIN AND ARE NOT RESPONSIBLE FOR YOUR TRANSACTIONS THEREON. FOR THE AVOIDANCE OF DOUBT, ETHEREUM AND AZTEC IS NOT PART OF THE SITE OR THE SERVICES MADE AVAILABLE BY US UNDER THESE TERMS OR OTHERWISE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR LOSSES OR DAMAGES ARISING FROM OR RELATING TO YOUR INTERACTION WITH, OR ACTIONS TAKEN ON, ETHEREUM, AZTEC, OR ANY OTHER BLOCKCHAIN NETWORK, WALLET, OR OTHER ELECTRONIC WALLET, THROUGH THE SERVICES OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: LOST PASSKEYS, LOST PASSWORDS, MALFUNCTION, NETWORK CONGESTION, NETWORK FAILURE, CONSENSUS FAILURES, SERVER FAILURE, EXPLOITS, FORKS, NODE ISSUES, NETWORK CONGESTION, CONSENSUS FAILURES, CHAIN REORGANIZATIONS, FEE SETTINGS, USER ERROR, INCORRECT RECIPIENT DATA, INCORRECT TRANSACTION DATA, VALIDATOR BEHAVIOR, EXECUTION SPEED, LANDING TIME, TRANSACTION ORDERING, MAXIMAL EXTRACTABLE VALUE OUTCOMES, THIRD-PARTY SMART CONTRACT BEHAVIOR, SOFTWARE BUGS, ERRORS, SIMULATION INACCURACIES, DOWNTIME, TECHNICAL FAULTS IN THE BLOCK BUILDING OR SUBMISSION PROCESS, OR DATA LOSS.

15. Indemnification

To the fullest extent permitted by Applicable Law, you agree to indemnify, defend and hold harmless Obsidion Labs and our licensors, and each of our and their respective employees, officers, directors, agents and representatives (individually and collectively, the “Obsidion Labs Parties”) from and against all liability for monetary damages, contractual claims of any nature, economic loss (including direct, incidental or consequential damages), loss of income or profits, fines, penalties, exemplary or punitive damages, and any other injury, damage, or harm, including reasonable attorney's fees (collectively, "Damages") that relate in any way to any demand, claim, regulatory action, proceeding or lawsuit, regardless of the cause or alleged cause, whether the allegations are groundless, fraudulent, false or lack merit and regardless of the theory of recovery ("Claims" and each, a "Claim") arising out of or relating to: (i) your access to or use of the Services; (ii) violation or breach of the Terms or violation of Applicable Law by you, your customers, users, employees, agents and other associated persons; (iii) a dispute between you and any third party; (iv) your alleged or actual infringement or misappropriation of any third party's intellectual property or other rights; and (v) your Feedback. In the event we receive a third party subpoena or other compulsory legal order or process associated with Claims described in (i) through (v) above, then, in addition to the indemnification set forth above, you will reimburse us for the time, effort and expenditures we expended responding to such matters at our then-current hourly rates as well as our reasonable attorneys' fees.

If you are obligated to indemnify us, then you agree that we will have the right in our sole discretion, to control any action or proceeding and to determine whether we wish to settle and if so, on what terms, and you agree to fully cooperate with us in the defense or settlement of such Claim.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OBSIDION LABS AND THE OTHER OBSIDION LABS PARTIES WILL BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY WEBSITE LINKED TO THEM, ANY CONTENT MADE AVAILABLE IN CONNECTION WITH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND LOSS OF OTHER ASSETS, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF OBSIDION LABS AND THE OTHER OBSIDION LABS PARTIES, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US $100.00) OR THE TOTAL AMOUNT YOU PAID OBSIDION LABS TO USE THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF AN INITIAL CLAIM MADE AGAINST US. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Release

To the fullest extent permitted by Applicable Law, you hereby release Obsidion Labs and the other Obsidion Labs Parties from, and hereby waive and relinquish, each and every past, present, and future dispute, responsibility, liability, claim, controversy, demand, right, action or cause of action of every kind and nature and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), that arises directly or indirectly to, the Services (including any user content, interactions with, or act or omission of, other users of the Services or any third-party websites, links, ads, and advice or feature alerts provided). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE § 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

18. Dispute Resolution and Binding Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH OBSIDION LABS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.

No Representative Actions. You agree that any dispute arising out of or related to these Terms or any of the Services is personal to you and Obsidion Labs and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. Except for claims or disputes in which you or Obsidion Labs seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Obsidion Labs waive your rights to a jury trial and to have any other claim or dispute arising out of or related to these Terms (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Obsidion Labs you agree to first contact Obsidion Labs and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Obsidion Labs by email at company@obsidion.xyz. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. If you and Obsidion Labs cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to confidential, binding arbitration. The arbitration shall be administered in the British Virgin Islands by the BVI International Arbitration Centre under the BVI IAC Arbitration Rules and conducted by a single arbitrator. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Obsidion Labs, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary.

Any dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Obsidion Labs will not have the right to assert the claim.

Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 18 by sending written notice of your decision to opt-out to company@obsidion.xyz. The notice must be sent to Obsidion within thirty (30) days of your first registering to use the Services or agreeing to these Terms, whichever comes first; otherwise, you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt-out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt-out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, Obsidion will also not be bound by them.

If any portion of this Section 18 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 18 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 18; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 18 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 18 will be enforceable.

19. Governing Law and Venue

Any dispute arising from these Terms will be governed by and construed and enforced in accordance with the laws of the British Virgin Islands without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration will be resolved in the courts of the British Virgin Islands.

20. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

21. Force Majeure

You acknowledge and agree that we will not be liable for failures or delays in providing Services or other non-performance caused by events including but not limited to strikes, insurrection, riot, civil unrest, war, fires, utility, or power failures, equipment failures, changes in law, cyberattacks, denial of service attacks, non-performance of our vendors or suppliers, acts of God, pandemic or epidemic events, or other causes over which we have no reasonable control. We will make reasonable efforts to limit the effect of any of those events and start or restart the Services as soon as those events have been fixed.

22. Miscellaneous

The failure of Obsidion Labs to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. All waivers must be in writing to be effective. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. If any provision of these Terms is found to be invalid, illegal, or unenforceable, such provision shall be modified so that it is valid and enforceable to the maximum extent permitted by law and the remaining provisions of the Terms will continue in full force and effect. Your relationship to Obsidion Labs is that of an independent contractor. Nothing in these Terms shall be construed to create any association, partnership, joint venture, employment, agency relationship, or any other fiduciary relationship between you and Obsidion Labs for any purpose. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Obsidion Labs’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Obsidion Labs may freely assign these Terms. Obsidion Labs will not be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, governmental action, labor disputes, internet or telecommunications failures, or third-party service outages. These Terms are for the sole benefit of you and Obsidion Labs and do not create any third-party beneficiary rights in any other person or entity. Any notices or other communications provided by us under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You agree that communications and transactions between us may be conducted electronically. Any provisions of these Terms that by their nature should survive termination (including, without limitation, provisions regarding intellectual property, indemnification, disclaimers, limitation of liability, release, dispute resolution, and feedback) will survive termination.

23. Contacting Us

Please contact us at company@obsidion.xyz with any questions about these Terms.