Terms of Service

These Terms of Service (the "Agreement") explain the terms and conditions by which you may access and use the Products provided by Resonance Inc. (referred to herein as "Resonance", "we", "our", or "us"). The Products shall include, but shall not necessarily be limited to, (a) Doppler Finance, an autonomous system of programs relating to the Ripple Protocol (XRP Ledger) which allows you to deposit and earn rewards by depositing XRP (the native token of the XRP Ledger), providing your virtual assets as liquidity in exchange for returns, and utilizing liquid staking tokens to earn returns (the “Doppler Finance”, “Platform” or “Application”); and (b) any other products and services that link to this Agreement (together with the Doppler Finance, the “Products”).

This Agreement sets forth binding terms governing all access to and usage of the Products. Your access or utilization of any Product constitutes acknowledgment, comprehension, and acceptance of all terms and conditions contained herein. Any individual who does not assent to these terms in their entirety is expressly prohibited from accessing or utilizing the Products and must immediately cease any attempted use thereof.

The formation of a valid contractual relationship with us, and the ability to use any of our Products, requires that you possess the legal capacity to enter into binding agreements. You hereby warrant and represent that: (i) you have attained the age of legal majority as defined in your jurisdiction of residence; and (ii) you possess the requisite legal capacity, authority, and competence to enter into and perform the obligations set forth in this Agreement, whether on your own behalf or on behalf of any business entity you represent in accessing or utilizing the Application. In instances where you act on behalf of a legal entity, you expressly warrant your possession of proper authorization to legally bind said entity.

Any person or entity who is a resident of, or located or registered in, any of the following territories (a "Restricted Person") is strictly prohibited from accessing or using any part of the Products: United States, People's Republic of China, Russia, Myanmar, Côte D'Ivoire, Cuba, Crimea and Sevastopol, Democratic Republic of Congo, Iran, Iraq, Libya, Mali, Nicaragua, Democratic People's Republic of Korea (North Korea), Somalia, Sudan, Syria, Yemen, Zimbabwe, or any other state, country, or region that is subject to sanctions enforced by Panama, the United Nations, or international regulatory bodies. No part of the Products is offered or is made available to any Restricted Person.

You agree to use our Products in strict compliance with all applicable laws, regulations, and decrees of Panama, including but not limited to the Law No. 23 of 2015, which regulates measures to prevent money laundering, financing of terrorism, and proliferation of weapons of mass destruction. Users must ensure that their activities on the Platform comply with all Panamanian financial, data protection, and commercial regulations.

We comply with Panamanian data protection laws, including Law 81 of 2019 on Personal Data Protection. We collect, store, and process user data only as necessary to provide our Products and in accordance with our Privacy Policy. By using our Products, you consent to the collection and processing of your personal data under Panamanian law.

Furthermore, you affirm that you are not: (i) subject to any economic or trade sanctions imposed or administered by any governmental authority; or (ii) identified on any roster of restricted or prohibited parties (including, without limitation, those persons or entities enumerated on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control of the United States Department of the Treasury). Additionally, you expressly warrant that your interaction with our Products shall strictly conform to all applicable laws and regulations, and you undertake not to access or employ our Products for purposes of conducting, facilitating, or promoting any activities that contravene applicable law.

1. Our Products

1.1 The Protocol

The Interface provides a web means of access to a decentralized protocol on XRP public blockchain or its related blockchains, that allows users to deposit certain compatible digital assets (the "Doppler Protocol" or the "Protocol").

The Application consists of self-executing programs that are deployed on public blockchains such as the XRP Ledger. Resonance does not control or operate any version of the Protocol on any blockchain network. By using the Application, you understand that you are not buying or selling digital assets from us and that we do not operate any liquidity pools on the Protocol or control trade execution on the Protocol. The Protocol may be deployed on other blockchain ledgers other than the XRP Ledger. Deployments on other networks typically make use of cross-chain bridges, which allow assets native to one blockchain to be transferred to another blockchain. Please note that digital assets that have been "bridged" or "wrapped" to operate on other blockchain networks (including to blockchains compatible with the XRP Ledger) are distinct from the original assets native to the XRP Ledger.

To access the Protocol, you must use a third-party wallet software, which allows you to interact with blockchains. Your relationship with that third-party wallet provider is governed by the applicable terms of service (with respect to a third party wallet, the applicable terms of service of such third party). We do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents. By connecting your wallet to our Application or Protocol, you agree to be bound by this Agreement and all of the terms incorporated herein by reference.

1.2 Access through Third Party Partners

We may make certain Products, including access to our APIs, liquidity services, and data, accessible or usable through interfaces, products or services provided by certain third party partners, such as exchanges and trading platforms (each a “Third Party Partner”). You agree that your use of the Products through an interface, product or service provided by one of our Third Party Partners is nonetheless still subject to the terms and conditions of this Agreement.

1.3 Other Products

We may from time to time in the future offer additional products, and such additional products shall be considered a Product as used herein, regardless of whether such product is specifically defined in this Agreement.

1.4 Third Party Services and Content

The Products may incorporate or provide access to various services, websites, technologies, content, and resources (individually and collectively referred to as "Third-Party Services"). Your utilization of such Third-Party Services may be governed by separate terms of service, privacy policies, and other contractual arrangements with the respective third-party providers. Any fees, expenses, or charges incurred through your use of Third-Party Services shall be your sole responsibility, and not that of Resonance. While Resonance facilitates access to Third-Party Services for convenience purposes only, such integration or availability does not constitute an endorsement, verification, or recommendation of these Third-Party Services. All interactions and transactions conducted with third parties in connection with your use of the Products shall be solely between you and such third parties. Resonance expressly disclaims any liability, whether direct or indirect, for any losses, damages, or claims allegedly arising from or in connection with your use of or reliance upon any Third-Party Services.

Certain Third-Party Services will grant us access to information that you have furnished to third parties, including information provided through such Third-Party Services. Any such information shall be utilized, maintained, and disclosed by us in accordance with the provisions set forth in our Privacy Policy. Our Privacy Policy contains detailed information regarding the implications of enabling Third-Party Services and our practices concerning the usage, storage, and disclosure of information pertaining to you and your utilization of Third-Party Services within our Products. We expressly disclaim any control over Third-Party Services and bear no responsibility for: (i) the accuracy of information shared by or accessible through Third-Party Services; (ii) the availability of Third-Party Services; (iii) the reliability of Third-Party Services; (iv) the completeness of information available through Third-Party Services; or (v) the privacy practices implemented by Third-Party Services.

2. Modifications

2.1 Modifications of this Agreement

We reserve the right to amend or update this Agreement at our sole discretion, in compliance with Panamanian law. Material amendments will be communicated by updating the effective date displayed at the beginning of this Agreement. Continued use of any Product subsequent to such posting shall constitute conclusive acceptance of the amended Agreement.

2.2 Modifications of our Products

We reserve the following rights, which do not constitute obligations of ours: (a) with or without notice to you, to modify, substitute, eliminate or add to any of the Products; (b) to review, modify, filter, disable, delete and remove any and all content and information from any of the Products.

3. Intellectual Property Rights

All intellectual property rights and other proprietary interests in the Products and their constituent elements, including without limitation all software, textual content, images, trademarks, service marks, copyrights, patents, designs, and visual presentation, are exclusively owned by us. Pursuant to the terms and conditions set forth in this Agreement, you are hereby granted a limited, terminable, non-exclusive license to access and utilize the Products, which license may not be sublicensed or transferred to any third party. Such license permits usage solely in compliance with this Agreement. You expressly acknowledge and agree that you shall not engage in any unauthorized use, modification, distribution, interference with, reverse engineering, disassembly, or decompilation of the Products for any purpose whatsoever, except as explicitly authorized under this Agreement. This Agreement confers no rights or licenses to you with respect to the Products or any intellectual property contained therein, except as expressly provided herein.

4. Your Responsibilities

4.1 Prohibited Activity

You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Interface:

A. Intellectual Property Infringement. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.

B. Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including, but not limited to, the deployment of viruses and denial of service attacks.

C. Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.

D. Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including, but not limited to, the manipulative tactics commonly known as "rug pulls", pumping and dumping, and wash trading.

E. Securities and Derivatives Violations. Activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives, including, but not limited to, the unregistered offering of securities and the offering of leveraged and margined commodity products to retail customers under any applicable law.

F. Sale of Stolen Property. Buying, selling, or transferring of stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items.

G. Data Mining or Scraping. Activity that involves data mining, robots, scraping, or similar data gathering or extraction methods of content or information from any of our Products.

H. Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or regulation of Panama or another relevant jurisdiction, including, but not limited to, the restrictions and regulatory requirements imposed by Panama law.

4.2 Trading

You hereby acknowledge and represent that: (i) each transaction executed by you through any of our Products constitutes an unsolicited trade initiated solely at your discretion and direction; (ii) no investment advice, guidance, or recommendations have been provided by us in connection with any transactions you execute; and (iii) we do not evaluate or assess the appropriateness or suitability of any transactions you choose to execute.

4.3 No Asset Control; Disclaimer of Fiduciary Duty

Each Product operates exclusively as a non-custodial application, and accordingly, we do not at any time possess, control, or maintain custody of your digital assets. Certain features of the Platform or Products may require you to access and activate a self-executing smart contract to perform certain transactions. You agree and accept that all such transactions executed through smart contracts and programs are irrevocable, and that you remain in sole and full control of your digital assets. We do not custody your digital assets, nor do we collect or hold your keys or information. Your digital assets and your keys will be held by you directly, or held with a third party custody service provider that the Platform may utilize. We do not, and we have the ability to, control or transfer ownership of your digital assets without the approval or collaboration of such custody providers. You assume sole responsibility for all matters relating to your wallet, and we shall not be held liable for any actions, omissions, or consequences resulting from any compromise of your wallet security.

This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.

4.4 Compliance and Tax Obligations

Access to and use of our Products may be restricted or prohibited in certain jurisdictions. You hereby acknowledge and accept sole and complete responsibility for ensuring compliance with all laws and regulations applicable to you in connection with your access to and use of our Products.

Your utilization of our Products or the Protocol may give rise to various tax obligations, including but not limited to income tax, capital gains tax, value-added tax, goods and services tax, or sales tax, depending on your jurisdiction of residence or operation.

Users are solely responsible for determining and fulfilling any tax obligations applicable under Panamanian law. Resonance is not liable for any taxation duties arising from your use of the Products, including but not limited to income tax, capital gains tax, and VAT.

4.5 Release of Claims

YOU EXPRESSLY AGREE THAT YOU ASSUME ALL RISKS IN CONNECTION WITH YOUR ACCESS AND USE OF ANY OF OUR PRODUCTS. YOU FURTHER EXPRESSLY WAIVE AND RELEASE US FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM OR IN ANY WAY RELATING TO YOUR USE OF ANY OF OUR PRODUCTS.

5. DISCLAIMERS

5.1 ASSUMPTION OF RISK

BY ACCESSING AND USING ANY OF OUR PRODUCTS, YOU REPRESENT THAT YOU ARE FINANCIALLY AND TECHNICALLY SOPHISTICATED ENOUGH TO UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS, AND THAT YOU HAVE A WORKING KNOWLEDGE OF THE USAGE AND INTRICACIES OF DIGITAL ASSETS SUCH AS RIPPLE (XRP), STABLECOINS, AND OTHER DIGITAL TOKENS.

IN PARTICULAR, YOU UNDERSTAND THAT THE MARKETS FOR THESE DIGITAL ASSETS ARE NASCENT AND HIGHLY VOLATILE DUE TO RISK FACTORS INCLUDING, BUT NOT LIMITED TO, ADOPTION, SPECULATION, TECHNOLOGY, SECURITY, AND REGULATION. YOU UNDERSTAND THAT ANYONE CAN CREATE A TOKEN, INCLUDING FAKE VERSIONS OF EXISTING TOKENS AND TOKENS THAT FALSELY CLAIM TO REPRESENT PROJECTS, AND ACKNOWLEDGE AND ACCEPT THE RISK THAT YOU MAY MISTAKENLY TRADE THOSE OR OTHER TOKENS. TOKENS NAMED STABLECOINS MAY NOT BE AS STABLE AS THEY PURPORT TO BE, MAY NOT BE FULLY OR ADEQUATELY COLLATERALIZED, AND MAY BE SUBJECT TO PANICS AND RUNS.

FURTHER, YOU UNDERSTAND THAT SMART CONTRACT TRANSACTIONS AUTOMATICALLY EXECUTE AND SETTLE, AND THAT BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE WHEN CONFIRMED. YOU ACKNOWLEDGE AND ACCEPT THAT THE COST AND SPEED OF TRANSACTING WITH CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS SUCH AS XRPL ARE VARIABLE AND MAY INCREASE DRAMATICALLY AT ANY TIME.

IF YOU ACT AS A LIQUIDITY PROVIDER TO THE PROTOCOL THROUGH THE INTERFACE, YOU UNDERSTAND THAT YOUR DIGITAL ASSETS MAY LOSE SOME OR ALL OF THEIR VALUE WHILE THEY ARE SUPPLIED TO THE PROTOCOL THROUGH THE INTERFACE DUE TO THE FLUCTUATION OF PRICES OF TOKENS IN A TRADING PAIR OR LIQUIDITY POOL.

FINALLY, YOU UNDERSTAND THAT WE DO NOT CREATE, OWN, OR OPERATE CROSS-CHAIN BRIDGES AND WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE SAFETY OR SOUNDNESS OF ANY CROSS-CHAIN BRIDGE.

YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY OF THESE VARIABLES OR RISKS, DO NOT OWN OR CONTROL THE PROTOCOL, AND CANNOT BE HELD LIABLE FOR ANY RESULTING LOSSES THAT YOU EXPERIENCE WHILE ACCESSING OR USING ANY OF OUR PRODUCTS. ACCORDINGLY, YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE INTERFACE TO INTERACT WITH THE PROTOCOL.

5.2 NO WARRANTIES

EACH OF OUR PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF EACH OF OUR PRODUCTS IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO ANY OF OUR PRODUCTS WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR SECURE; THAT THE INFORMATION CONTAINED IN ANY OF OUR PRODUCTS WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR THAT ANY OF OUR PRODUCTS WILL BE FREE FROM ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL ELEMENTS. NO ADVICE, INFORMATION, OR STATEMENT THAT WE MAKE SHOULD BE TREATED AS CREATING ANY WARRANTY CONCERNING ANY OF OUR PRODUCTS. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING ANY OF OUR PRODUCTS.

SIMILARLY, THE PROTOCOL IS PROVIDED "AS IS", AT YOUR OWN RISK, AND WITHOUT WARRANTIES OF ANY KIND. ALTHOUGH WE CONTRIBUTED TO THE INITIAL CODE FOR THE PROTOCOL, WE DO NOT PROVIDE, OWN, OR CONTROL THE PROTOCOL, WHICH IS RUN AUTONOMOUSLY WITHOUT ANY HEADCOUNT BY SMART CONTRACTS DEPLOYED ON VARIOUS BLOCKCHAINS. UPGRADES AND MODIFICATIONS TO THE PROTOCOL ARE GENERALLY MANAGED IN A COMMUNITY-DRIVEN WAY BY HOLDERS OF THE GOVERNANCE TOKEN OF THE PROTOCOL. NO DEVELOPER OR ENTITY INVOLVED IN CREATING THE PROTOCOL WILL BE LIABLE FOR ANY CLAIMS OR DAMAGES WHATSOEVER ASSOCIATED WITH YOUR USE, INABILITY TO USE, OR YOUR INTERACTION WITH OTHER USERS OF, THE PROTOCOL, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, CRYPTOCURRENCIES, TOKENS, OR ANYTHING ELSE OF VALUE. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING ANY OF OUR PRODUCTS.

ANY PAYMENTS OR FINANCIAL TRANSACTIONS THAT YOU ENGAGE IN WILL BE PROCESSED VIA AUTOMATED SMART CONTRACTS. ONCE EXECUTED, WE HAVE NO CONTROL OVER THESE PAYMENTS OR TRANSACTIONS, NOR DO WE HAVE THE ABILITY TO REVERSE ANY PAYMENTS OR TRANSACTIONS.

5.3 NO INVESTMENT ADVICE PROVIDED

WE MAY PROVIDE INFORMATION ABOUT TOKENS IN OUR PRODUCTS SOURCED FROM THIRD-PARTY DATA PARTNERS. THE PROVISION OF INFORMATIONAL MATERIALS DOES NOT MAKE TRADES IN THOSE TOKENS SOLICITED; WE ARE NOT ATTEMPTING TO INDUCE YOU TO MAKE ANY PURCHASE AS A RESULT OF INFORMATION PROVIDED. ALL SUCH INFORMATION PROVIDED BY ANY OF OUR PRODUCTS IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS INVESTMENT ADVICE OR A RECOMMENDATION THAT A PARTICULAR TOKEN IS A SAFE OR SOUND INVESTMENT. YOU SHOULD NOT TAKE, OR REFRAIN FROM TAKING, ANY ACTION BASED ON ANY INFORMATION CONTAINED IN ANY OF OUR PRODUCTS. BY PROVIDING TOKEN INFORMATION FOR YOUR CONVENIENCE, WE DO NOT MAKE ANY INVESTMENT RECOMMENDATIONS TO YOU OR OPINE ON THE MERITS OF ANY TRANSACTION OR OPPORTUNITY. YOU ALONE ARE RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY OR RELATED TRANSACTION IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES, AND RISK TOLERANCE.

6. Indemnification

You agree to hold harmless, release, defend, and indemnify us, our affiliates and our and our affiliates' respective officers, directors, employees, contractors, agents, service providers, licensors, and representatives (collectively, the "Resonance Parties") from and against all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or relating to: (a) your access and use of any of our Products; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; (c) any other party's access and use of any of our Products with your assistance or using any device or account that you own or control; and (d) any dispute between you and (i) any other user of any of the Products or (ii) any of your own customers or users. We will provide notice to you of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting our defense of such matter. You may not settle or compromise any claim against any Resonance Party without our written consent.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF RESONANCE PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE PRODUCTS, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF ANY OF THE PRODUCTS OR THE INFORMATION CONTAINED WITHIN IT, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF ANY OF THE PRODUCTS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF RESONANCE HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS OR USE OF THE INTERFACE; (C) UNAUTHORIZED ACCESS OR USE OF ANY SECURE SERVER OR DATABASE IN OUR CONTROL, OR THE USE OF ANY INFORMATION OR DATA STORED THEREIN; (D) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO ANY OF THE PRODUCTS; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE INTERFACE; (F) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, ANY CONTENT MADE AVAILABLE THROUGH ANY OF THE PRODUCTS; AND (G) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

WE HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES THAT MAY ARISE AS A RESULT OF ANY PAYMENTS OR TRANSACTIONS THAT YOU ENGAGE IN BY ANY OF OUR PRODUCTS, OR ANY OTHER PAYMENT OR TRANSACTIONS THAT YOU CONDUCT BY ANY OF OUR PRODUCTS. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, WE DO NOT PROVIDE REFUNDS FOR ANY PURCHASES THAT YOU MIGHT MAKE ON OR THROUGH ANY OF OUR PRODUCTS.

WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT LINKED THIRD PARTY SERVICES, THE THIRD PARTIES THEY ARE OWNED AND OPERATED BY, THE INFORMATION CONTAINED ON THEM, ASSETS AVAILABLE THROUGH THEM, OR THE SUITABILITY, PRIVACY, OR SECURITY OF THEIR PRODUCTS OR SERVICES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF THIRD-PARTY SERVICES, THIRD-PARTY WEBSITES, APPLICATIONS, OR RESOURCES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTIES AND ACCESSED THROUGH ANY OF OUR PRODUCTS.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF [ONE HUNDRED DOLLARS ($100.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION].

8. Governing Law and Dispute Resolution

8.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Panama. Any disputes arising from or in connection with this Agreement shall be referred to and finally resolved by arbitration administered by the Center for Conciliation and Arbitration of Panama (CeCAP) in accordance with its rules in force at the time.

By using our Products, you acknowledge and agree to be bound by these terms, as governed by Panamanian law.

9. Miscellaneous

9.1 Entire Agreement

These terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.

9.2 Assignment

You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement without our prior written consent shall be null and void. We may freely assign or transfer this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

9.3. Notices

We may provide any notice to you under this Agreement using commercially reasonable means, including using public communication channels. Notices we provide by using public communication channels will be effective upon posting.

9.4 Severability

If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected. Last Modified: [25.02.14]