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Evmos Terms of Service

Last Updated: April 12th, 2022

Please read these terms carefully and click the button at the bottom to
acknowledge that you have read and accepted the terms and conditions.

1. Introduction

Welcome to Evmos, a Layer 1 blockchain network maintained by a decentralized
team of developers that is deployed on the Cosmos blockchain (“Evmos”, “we”,
“us”, or “our”). Tharsis Labs Ltd. developed the initial code for Evmos, however
it does not own or control the Evmos protocol, which is run by a decentralized
validator set. These Terms of Service (“Terms”) govern your access to and use of
the Evmos website(s) and our APIs (the “Website”), and any other software,
tools, features, or functionalities provided on or in connection with our
services; including without limitation using our services to view, explore Evmos
and use our tools, at your own discretion, to connect directly with others to
purchase, sell, or transfer Evmos tokens on public blockchains (collectively,
the “Service”). “Evmos tokens” in these Terms means a utility or governance
token or similar digital item implemented on a blockchain (such as the Evmos or
Cosmos blockchain), which uses smart contracts to link to or otherwise be
associated with certain content or data. For purposes of these Terms, “user”,
“you”, and “your” means you as the user of the Service. If you use the Service
on behalf of a company or other entity then “you” includes you and that entity,
and you represent and warrant that (a) you are an authorized representative of
the entity with the authority to bind the entity to these Terms, and (b) you
agree to these Terms on the entity’s behalf. PLEASE READ THESE TERMS OF SERVICE
CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS
OUTLINED IN SECTION 15 BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND
CLASS ACTION WAIVER WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN
US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY
IN COURT. BY CLICKING TO ACCEPT AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND
BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO
NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE. Evmos is not a
wallet provider, exchange, broker, financial institution, or creditor. Evmos
provides a peer-to-peer web3 service that helps users discover and directly
interact with each other and tokens available on public blockchains. We do not
have custody or control over the tokens or blockchains you are interacting with,
and we do not execute or effectuate purchases, transfers, or sales of tokens. To
use our Service, you must use a third-party wallet which allows you to engage in
transactions on blockchains. Evmos is not party to any agreement between any
users. You bear full responsibility for verifying the identity, legitimacy, and
authenticity of tokens that you acquire from third-parties and we make no claims
about the identity, legitimacy, functionality, or authenticity of users or
tokens (and any content associated with such tokens) visible on the Service.
Because we have a growing number of services, we sometimes need to provide
additional terms for specific services (and such services are deemed part of the
“Service” hereunder and shall also be subject to these Terms). Those additional
terms and conditions, which are available with the relevant service, then become
part of your agreement with us if you use those services. In the event of a
conflict between these Terms and any additional applicable terms we may provide
for a specific service, such additional terms shall control for that specific
service. Evmos reserves the right to change or modify these Terms at any time
and in our sole discretion. If we make material changes to these Terms, we will
use reasonable efforts to provide notice of such changes, such as by providing
notice through the Service or updating the “Last Updated” date at the beginning
of these Terms. By continuing to access or use the Service, you confirm your
acceptance of the revised Terms and all the terms incorporated therein by
reference effective as of the date these Terms are updated. It is your sole
responsibility to review the Terms from time to time to view such changes and to
ensure that you understand the terms and conditions that apply when you access
or use the Service.

2. Accessing the Service

Your blockchain address functions as your identity on Evmos. Accordingly, you
will need a blockchain address and a third-party wallet to access the Service.
Your account on the service (“Account”) will be associated with your blockchain
address. Your Account on Evmos will be associated with your linked blockchain
address and display the tokens for that blockchain address (and, if applicable,
any content associated with such tokens). By using your wallet in connection
with the Service, you agree that you are using that wallet under the terms and
conditions of the applicable provider of the wallet. Wallets are not operated
by, maintained by, or affiliated with Evmos, and Evmos does not have custody or
control over the contents of your wallet and has no ability to retrieve or
transfer its contents. Evmos accepts no responsibility for, or liability to you,
in connection with your use of a wallet and makes no representations or
warranties regarding how the Service will operate with any specific wallet. You
are solely responsible for keeping your wallet secure and you should never share
your wallet credentials or seed phrase with anyone. If you discover an issue
related to your wallet, please contact your wallet provider. Likewise, you are
solely responsible for your Account and any associated wallet, and we are not
liable for any acts or omissions by you in connection with your Account or as a
result of your Account or wallet being compromised. You agree to immediately
notify us if you discover or otherwise suspect any security issues related to
the Service or your Account to legal@thars.is. You also represent and warrant
that you will comply with all applicable laws (e.g., local, state, federal and
other laws) when using the Service. Without limiting the foregoing, by using the
Service, you represent and warrant that: (a) you are not located in a country
that is subject to a U.S. Government embargo; and (b) you have not been
identified as a Specially Designated National or placed on any U.S. Government
list of prohibited, sanctioned, or restricted parties. If you access or use the
Service outside the United States, you are solely responsible for ensuring that
your access and use of the Service in such country, territory or jurisdiction
does not violate any applicable laws. Evmos may require you to provide
additional information and documents in certain circumstances, such as at the
request of any government authority, as any applicable law or regulation
dictates, or to investigate a potential violation of these Terms. In such cases,
Evmos in its sole discretion, may block your ability to access the Service until
such additional information and documents are processed by Evmos. If you do not
provide complete and accurate information in response to such a request, Evmos
may refuse to restore your access to the Service. Your access and use of the
Service may be interrupted from time to time for any of several reasons,
including, without limitation, the malfunction of equipment, periodic updating,
maintenance, or repair of the Service or other actions that Evmos, in its sole
discretion, may elect to take. We require all users to be at least 18 years old.
If you are at least 13 years old but under 18 years old, you may only use Evmos
through a parent or guardian’s Account and with their approval and oversight.
That account holder is responsible for your actions using the Account. It is
prohibited to use our Service if you are under 13 years old.

3. Ownership

The Service, including its “look and feel” (e.g., text, graphics, images, logos,
page headers, button icons, and scripts), proprietary content, information and
other materials, and all content and other materials contained therein,
including, without limitation, the Evmos brands, logo and all designs, text,
graphics, pictures, data, software, sound files, other files, and the selection
and arrangement thereof are the proprietary property of or our affiliates,
licensors, or users, as applicable, and you agree not to take any action(s)
inconsistent with such ownership interests. We and our affiliates, licensors,
and users, as applicable, reserve all rights in connection with the Service and
its content, including, without limitation, the exclusive right to create
derivative works. Evmos’s name, logo, trademarks, and any Evmos product or
service names, designs, logos, and slogans are the intellectual property of
Evmos or our affiliates or licensors and may not be copied, imitated, or used,
in whole or in part, without our prior written permission in each instance. You
may not use any metatags or other “hidden text” utilizing “Evmos” or any other
name, trademark or product or service name of Evmos or our affiliates or
licensors without our prior written permission. In addition, the “look and feel”
of the Service constitutes the service mark, trademark, or trade dress of Evmos
and may not be copied, imitated or used, in whole or in part, without our prior
written permission. All other third-party trademarks, registered trademarks, and
product names mentioned on the Service or contained in the content linked to or
associated with any tokens displayed on the Service are the property of their
respective owners and may not be copied, imitated, or used, in whole or in part,
without the permission of the applicable intellectual property rights holder.
Reference to any products, services, processes or other information by name,
trademark, manufacturer, supplier or otherwise does not constitute or imply
endorsement, sponsorship, or recommendation by Evmos.

4. License

to Access and Use Our Service and Content You are hereby granted a limited,
revocable, nonexclusive, nontransferable, nonsublicensable, and personal license
to access and use the Service provided, however, that such license is subject to
your compliance with these Terms. If any software, content, or other materials
owned by, controlled by, or licensed to us are distributed or made available to
you as part of your use of the Service, we hereby grant you a non-commercial,
personal, non-assignable, non-sublicensable, non-transferrable, and
non-exclusive right and license to access and display such software, content,
and materials provided to you as part of the Service (and right to download a
single copy of the Website onto your applicable equipment or device), in each
case for the sole purpose of enabling you to use the Service as permitted by
these Terms, provided that your license in any content linked to or associated
with any tokens is solely as set forth by the applicable seller or creator of
such token.

5. License to Access and Use Service and Content

As a peer-to-peer web3 service, Evmos helps you deploy Ethereum Virtual Machines
to the Cosmos Hub and interact with different blockchains. Evmos or its
affiliates does not make any representations or warranties about this
third-party content visible through our Service, including any content
associated with tokens displayed on the Service, and you bear responsibility for
verifying the legitimacy, authenticity, and legality of tokens that you acquire
from third-parties. We also cannot guarantee that any tokens visible on Evmos
will always remain visible and/or available to be bought, sold, or transferred.
The Service may also contain links or functionality to access or use third-party
websites (“Third-Party Websites”) and applications (“Third-Party Applications”),
or otherwise display, include, or make available content, data, information,
services, applications, or materials from third parties (“Third-Party
Materials”). When you click on a link to, or access and use, a Third-Party
Website or Third-Party Application, though we may not warn you that you have
left our Service, you are subject to the terms and conditions (including privacy
policies) of another website or destination. Such Third-Party Websites,
Third-Party Applications, and Third-Party Materials are not under the control of
Evmos, and may be “open” applications for which no recourse is possible. Evmos
and its affiliates are not responsible or liable for any Third-Party Websites,
Third-Party Applications, and Third-Party Materials. Evmos provides links to
these Third-Party Websites and Third-Party Applications only as a convenience
and does not review, approve, monitor, endorse, warrant, or make any
representations with respect to Third-Party Websites or Third-Party
Applications, or their products or services or associated Third-Party Materials.
You use all links in Third-Party Websites, Third-Party Applications, and
Third-Party Materials at your own risk.

6. User Conduct

To protect the Evmos community and comply with our legal obligations, we reserve
the right to act, with or without advance notice, if we believe you have
violated these Terms. This may include removing your access to the Service;
disabling your ability to access our Service; and/or other actions. You agree
that you will not violate any law, contract, intellectual property, or other
third-party right, and that you are solely responsible for your conduct and
content, while accessing or using the Service. You also agree that you will not:

 * Use or attempt to use another user’s Account without authorization from such
   user;
 * Pose as another person or entity;
 * Claim an Evmos username for the purpose of reselling it or otherwise engage
   in name squatting; Access the Service from a different blockchain address if
   we’ve blocked any of your other blockchain addresses from accessing the
   Service, unless you have our written permission first;
 * Distribute spam;
 * Use the Service – including through disseminating any software or interacting
   with any API – that could damage, disable, overburden, or impair the
   functioning of the Service in any manner;
 * Bypass or ignore instructions that control access to the Service, including
   attempting to circumvent any rate limiting systems by using multiple API
   keys, directing traffic through multiple IP addresses, or otherwise
   obfuscating the source of traffic you send to Evmos;
 * Use any data mining, robot, spider, crawler, scraper, script, browser
   extension, offline reader, or other automated means or interface not
   authorized by us to access the Service, extract data, or otherwise interfere
   with or modify the rendering of Service pages or functionality;
 * Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of
   the Service, or do anything that might discover source code or bypass or
   circumvent measures employed to prevent or limit access to any service, area,
   or code of the Service;
 * Sell or resell the Service or attempt to circumvent any Evmos fee systems;
 * Engage in behaviors that have the intention or the effect of artificially
   causing an item or collection to appear at the top of search results, or
   artificially increasing view counts, favorites, or other metrics that Evmos
   might use to sort search results;
 * Use the Service or data collected from our Service for any advertising or
   direct marketing activity (including without limitation, email marketing, SMS
   marketing, and telemarketing);
 * Use the Service for money laundering, terrorist financing, or other illicit
   finance;
 * Use the Service from a country sanctioned by the government of the United
   States or to facilitate transactions involving individuals sanctioned by the
   government of the United States or located in sanctioned countries;
 * Use the Service to carry out any financial activities subject to registration
   or licensing, including but not limited to creating, selling, or buying
   securities, commodities, options, or debt instruments;
 * Use the Service to engage in price manipulation, fraud, or other deceptive,
   misleading, or manipulative activity;
 * Use the Service to buy, sell, or transfer stolen items, fraudulently obtained
   items, items taken without authorization, and/or any other illegally obtained
   items;
 * Infringe or violate the intellectual property rights or any other rights of
   others; Create or display illegal or harmful content, such as content that
   may involve child sexual exploitation; Create or display NFTs or other items
   that promote suicide or self-harm, incites hate or violence against others,
   or doxes another individual;
 * Use the Service for any illegal or unauthorized purpose, including creating
   or displaying illegal content, such as content that may involve child sexual
   exploitation, or encouraging or promoting any activity that violates the
   Terms of Service; or
 * Use the Service in any manner that could interfere with, disrupt, negatively
   affect or inhibit other users from fully enjoying the Service.

We might allow users to post NSFW content, but that content and other associated
material is subject to being marked NSFW and may be handled differently than
non-NSFW content in navigation menus and search results.

7. Intellectual Property Rights

You are solely responsible for your use of the Service and for any information
you provide, including compliance with applicable laws, rules, and regulations,
as well as these Terms, including the User Conduct requirements outlined above.
By using the Service in conjunction with creating, submitting, posting,
promoting, or displaying content, or by complying with Evmos’s metadata
standards in your metadata API responses, you grant us a worldwide,
non-exclusive, sublicensable, royalty-free license to use, copy, modify, and
display any content, including but not limited to text, materials, images,
files, communications, comments, feedback, suggestions, ideas, concepts,
questions, data, or otherwise, that you submit or post on or through the Service
for our current and future business purposes, including to provide, promote, and
improve the Service. Evmos does not claim that submitting, posting, or
displaying this content on or through the Service gives Evmos any ownership of
the content. We're not saying we own it, but we might use it for
marketing/promotional purposes. You represent and warrant that you have, or have
obtained, all rights, licenses, consents, permissions, power and/or authority
necessary to grant the rights granted herein for any content that you create,
submit, post, promote, or display on or through the Service. You represent and
warrant that such content does not contain material subject to copyright,
trademark, publicity rights, or other intellectual property rights, unless you
have necessary permission or are otherwise legally entitled to post the material
and to grant Evmos the license described above, and that the content does not
violate any laws. Evmos will take down works in response to Digital Millennium
Copyright Act (“DMCA”) takedown notices and/or other intellectual property
infringement claims and will terminate a user's access to the Service if the
user is determined to be a repeat infringer. If you believe that your content
has been copied in a way that constitutes copyright or trademark infringement,
or violates your publicity or other intellectual property rights, please submit
written notice to legal@thars.is. For us to process your infringement claim
regarding content on the Service, you must be the rightsholder or someone
authorized to act on behalf of the rightsholder. Your notice must include:

 * Identification of the copyrighted work(s), trademark, publicity rights, or
   other intellectual property rights that you claim is being infringed;
 * Identification of the allegedly infringing material that is requested to be
   removed, including a description of the specific location (i.e., URLs) on the
   Service of the material claimed to be infringing, so that we may locate the
   material;
 * Your contact information – at a minimum, your full legal name (not pseudonym)
   and email address; A declaration that contains all of the following:
 * A statement that you have a good faith belief that use of the material in the
   manner complained of is not authorized by the intellectual property rights
   owner, its agent, or the law;
 * A statement that the information in the notice is accurate; and
 * A statement under penalty of perjury that you are authorized to act on behalf
   of the intellectual property owner of the intellectual property that is
   allegedly being infringed.
 * Your physical or electronic signature (of your full legal name).

Please note that we will forward your notice of intellectual property
infringement, including your contact information, to the party who will have
their content removed so they understand why it is no longer available on Evmos
and can also contact you to resolve any dispute.

8. Communication Preferences

By creating an Account, you consent to receive electronic communications from
Evmos (e.g., via email, push notification, text messages, or other types of
messages).

9. Indemnification

By agreeing to these Terms and accessing the Service, you agree, to the fullest
extent permitted by applicable law, to indemnify, defend, and hold harmless
Tharsis Labs Ltd., Evmos Foundation, and our respective past, present, and
future employees, officers, directors, contractors, consultants, equity holders,
suppliers, vendors, service providers, parent companies, subsidiaries,
affiliates, agents, representatives, predecessors, successors, lawyers,
accountants, insurers, and assigns (individually and collectively, the “Evmos
Parties”), from and against all actual or alleged claims, damages, awards,
judgments, losses, liabilities, obligations, penalties, interest, fees, expenses
(including, without limitation, attorneys’ fees and expenses), and costs
(including, without limitation, court costs, costs of settlement, and costs of
pursuing indemnification and insurance), of every kind and nature whatsoever,
whether known or unknown, foreseen or unforeseen, matured or unmatured, or
suspected or unsuspected, in law or equity, whether in tort, contract, or
otherwise (collectively, “Claims”), including, but not limited to, damages to
property or personal injury, that are caused by, arise out of or are related to
(a) your use or misuse of the Service or its content, (b) any Feedback you
provide, (c) your violation or breach of any term of these Terms or applicable
law, and (d) your violation of the rights of or obligations to a third party,
including another user or third-party, and (e) your negligence or willful
misconduct. You agree to promptly notify Evmos of any Claims and cooperate with
the Evmos Parties in defending such Claims. You further agree that the Evmos
Parties shall have control of the defense or settlement of any Claims. THIS
INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH
IN A WRITTEN AGREEMENT BETWEEN YOU AND EVMOS.

10. Disclaimers

YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND
AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND
EVMOS PARTIES EXPRESSLY DISCLAIM WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
EXPRESS OR IMPLIED. EVMOS PARTIES MAKE NO WARRANTY OR REPRESENTATION AND
DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SERVICE: (A) WILL MEET YOUR
REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
EVMOS PARTIES DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
EVMOS PARTIES WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN
OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE
EVMOS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, EVMOS PARTIES
CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY
DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR
OBTAINED FROM THE EVMOS PARTIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY
OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY
RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT
HOLD EVMOS PARTIES RESPONSIBLE FOR ANY BREACH OF SECURITY. EVMOS PARTIES WILL
NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR,
AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS, CONTENT, AND/OR CONTENT
LINKED TO OR ASSOCIATED WITH TOKEN TRANSACTIONS, INCLUDING BUT NOT LIMITED TO
ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY
CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA
LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY
ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING,
BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR YOU. YOU AGREE
EVMOS PARTIES CANNOT AFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT
IN ANY TOKENS. YOU AGREE THAT EVMOS PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR
ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE,
ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY
OTHER FEATURES OF THE SERVICE. NO EVMOS PARTY IS RESPONSIBLE FOR LOSSES OR
INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT
ALL) OF ANY ISSUES WITH THE BLOCKCHAIN, INCLUDING FORKS, TECHNICAL NODE ISSUES
OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT. Some jurisdictions do
not allow the exclusion of implied warranties in contracts with consumers, so
the above exclusion may not apply to you.

11. Assumption of Risk

You accept and acknowledge: The value of digital assets including tokens is
subjective. Prices of tokens are subject to volatility and fluctuations in the
price. You acknowledge that you fully understand this subjectivity and
volatility and that you may lose money using the Service. A lack of use or
public interest in the creation and development of distributed ecosystems could
negatively impact the development of those ecosystems and related applications
and could therefore also negatively impact the potential utility of tokens. The
regulatory regime governing blockchain technologies, non-fungible tokens,
cryptocurrency, and other crypto-based items is uncertain, and new regulations
or policies may materially adversely affect the development of the Service and
the utility of tokens. You are solely responsible for determining what, if any,
taxes apply to your transactions. Evmos is not responsible for determining the
taxes that apply to your use of the Service, including regarding tokens. There
are risks associated with digital assets furnished by third parties through
peer-to-peer transactions, including but not limited to, the risk of purchasing
counterfeit items, mislabeled items, items that are vulnerable to metadata
decay, items on smart contracts with bugs, and items that may become
untransferable. You represent and warrant that you have done sufficient research
before making any decisions to sell, obtain, transfer, or otherwise interact
with the Service. We do not control the public blockchains that you are
interacting with, and we do not control certain smart contracts and protocols
that may be integral to your ability to complete transactions on these public
blockchains. Additionally, blockchain transactions are irreversible and Evmos
has no ability to reverse any transactions on the blockchain. There are risks
associated with using Internet and blockchain based products, including, but not
limited to, the risk associated with hardware, software, and Internet
connections, the risk of malicious software introduction, and the risk that
third parties may obtain unauthorized access to your third-party wallet or
Account. You accept and acknowledge that Evmos will not be responsible for any
communication failures, disruptions, errors, distortions or delays you may
experience when using the Service or any Blockchain network, however caused. The
Service might rely on third-party platforms, developers, and/or vendors. If we
are unable to maintain a good relationship with such platform providers,
developers, and/or vendors; if the terms and conditions or pricing of such third
parties change; if we violate or cannot comply with the terms and conditions of
such third parties; or if any of such third parties loses market share or falls
out of favor or is unavailable for a prolonged period of time, access to and use
of the Service will suffer. Under no circumstances shall the inability to use
the Service in conjunction with the purchase, sale, or transfer of items
available on any blockchains serve as grounds for a claim against Evmos. If you
have a dispute with one or more users, YOU RELEASE EVMOS PARTIES FROM CLAIMS,
DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE, YOU
EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD
OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU
MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS
RELEASE.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL EVMOS
PARTIES OR ITS SERVICE PROVIDERS (I.E. HOSTING SERVICES) BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE
SERVICE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED
TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS,
LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY STRICT
LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN
IF FORESEEABLE AND EVEN IF EVMOS PARTIES OR ITS SERVICE PROVIDERS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY OTHER CLAIM, DEMAND,
OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH
THESE TERMS OF THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICE. ACCESS TO, AND
USE OF, THE SERVICE, PRODUCTS OR THIRD-PARTY SITES, AND PRODUCTS ARE AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE
MAXIMUM AGGREGATE LIABILITY OF EVMOS PARTIES ARISING OUT OF OR IN ANY WAY
RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, OR ANY
EVMOS PRODUCTS OR SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT
RECEIVED BY EVMOS FOR ITS SERVICE DIRECTLY RELATING TO THE ITEMS THAT ARE THE
SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE
STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow
the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. Some jurisdictions also limit
disclaimers or limitations of liability for personal injury from consumer
products, so this limitation may not apply to personal injury claims.

13. Modifications to the Service

You agree that Evmos reserves the right in our sole discretion to modify,
suspend, or discontinue, temporarily or permanently, the Service (or any
features or parts thereof) at any time and without liability as a result. You
agree that such circumstances do not give rise to a breach of this Agreement.
You agree that to the extent, if any, that such circumstances present a claim
against Evmos, that any such claim is outside the limited scope of liability set
forth in this Agreement.

14. Dispute Resolution

Arbitration Dispute Resolution. Please read the following arbitration agreement
in this Section (“Arbitration Agreement”) carefully. It requires you to
arbitrate disputes with Evmos Parties and limits the way you can seek relief
from us. This section does not govern disputes between users or between users
and third parties. Evmos does not provide dispute resolution services for such
disagreements and the parties must resolve those disputes directly.
Applicability of Arbitration Agreement. You agree that any dispute, controversy,
or claim relating in any way to your access or use of the Service, or to any
aspect of your relationship with Evmos, will be resolved by binding arbitration,
rather than in court, including threshold questions of the arbitrability of such
dispute, controversy, or claim except that (1) you or Evmos may assert claims in
small claims court, but only if the claims qualify, the claims remain only in
such court, and the claims remain on an individual, non-representative, and
non-class basis; and (2) you or Evmos Parties may seek injunctive or equitable
relief in a court of proper jurisdiction if the claim relates to intellectual
property infringement or other misuse of intellectual property rights. Dispute
resolution process. You and Evmos Parties both agree to engage in good-faith
efforts to resolve disputes prior to either party initiating an arbitration,
small claims court proceeding, or equitable relief for intellectual property
infringement. You must initiate this dispute resolution process by sending a
letter describing the nature of your claim and desired resolution to Evmos
(legal@thars.is). Both parties agree to meet and confer personally, by
telephone, or by videoconference (hereinafter “Conference”) to discuss the
dispute and attempt in good faith to reach a mutually beneficial outcome that
avoids the expenses of arbitration or, where applicable, litigation. If you are
represented by counsel, your counsel may participate in the Conference as well,
but you agree to fully participate in the Conference. Likewise, if Evmos is
represented by counsel, its counsel may participate in the Conference as well,
but Evmos agrees to have a company representative fully participate in the
Conference. The statute of limitations and any filing fee deadlines shall be
tolled while the parties engage in the informal dispute resolution process and
Conference required by this paragraph. If the parties do not reach agreement to
resolve the dispute within thirty (30) days after initiation of this dispute
resolution process, either party may commence arbitration, file an action in
small claims court, or file a claim for injunctive or equitable relief in a
court of proper jurisdiction for matters relating to intellectual property
infringement, if the claims qualify. Arbitration Rules and Forum. The U.S.
Federal Arbitration Act governs the interpretation and enforcement of this
Arbitration Agreement. To begin an arbitration proceeding after participating in
the dispute resolution process, you must send a message requesting arbitration
and describing your claim to legal@thars.is. The arbitration will be conducted
by the International Centre for Dispute Resolution (ICDR), an established
alternative dispute resolution provider. Disputes involving claims and
counterclaims under $500,000, not inclusive of attorneys’ fees and interest,
shall be subject to ICDR’s most current version of the International Expedited
Procedures then in effect; all other claims shall be subject to ICDR’s most
current version of the International Dispute Resolution Procedures then in
effect. ICDR’s rules are available at icdr.org. If ICDR is not available to
arbitrate, the parties will select an alternative arbitral forum. You are
responsible for all costs that you incur in the arbitration, including without
limitation, fees for attorneys or expert witnesses. As permitted by the
applicable rules, you may choose to have the arbitration conducted by telephone
or videoconference, based on written submissions. Any judgment on the award
rendered by the arbitrator may be entered in any court of competent
jurisdiction. Any in-person hearing shall be held in Miami, Florida, U.S.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (a)
determine the scope and enforceability of this Arbitration Agreement and (b)
resolve any dispute related to the interpretation, applicability,
enforceability, or formation of this Arbitration Agreement including, but not
limited to, any claim that all or any part of this Arbitration Agreement is void
or voidable. The arbitration will decide the rights and liabilities, if any, of
you and Evmos Parties. The arbitration proceeding will not be consolidated with
any other matters or joined with any other cases or parties. The arbitrator
shall have the authority to grant motions dispositive of all or part of any
claim. The arbitrator shall have the authority to award monetary damages and to
grant any non-monetary remedy or relief available to an individual under
applicable law, the arbitral forum’s rules, and these Terms. 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 arbitrator has the same authority to award relief on
an individual basis that a judge in a court of law would have. The award of the
arbitrator is final and binding upon you and us. Waiver of Jury Trial. YOU AND
EVMOS PARTIES 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 Evmos Parties are
instead electing that all claims and disputes shall be resolved by arbitration
under this Arbitration Agreement, except as specified in the second bullet of
this Section 15, above (“Applicability of Arbitration Agreement”). An arbitrator
can award on an individual basis the same damages and relief as a court and must
follow these Terms as a court would. However, there is no judge or jury in
arbitration, and court review of an arbitration award is subject to very limited
review. Waiver of Class Actions and Class Arbitrations. ALL CLAIMS AND DISPUTES
WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN
INDIVIDUAL BASIS AND NOT ON A REPRESENTATIVE OR COLLECTIVE CLASS BASIS. ONLY
INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER, PERSON, OR
ENTITY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER,
PERSON, OR ENTITY. Accordingly, under the arbitration procedures outlined in
this section, an arbitrator shall not combine or consolidate more than one
party’s claims without the written consent of all affected parties to an
arbitration proceeding. Without limiting the generality of the foregoing, you
and Evmos Parties agree that no dispute shall proceed by way of class
arbitration without the written consent of all affected parties. If a decision
is issued stating that applicable law precludes enforcement of any part of this
subsection’s limitations as to a given claim for relief, then that claim must be
severed from the arbitration and brought in the state or federal courts located
in the State of Delaware. All other claims shall be arbitrated. Severability.
Except as provided in this Section, if any part or parts of this Arbitration
Agreement 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. Survival of Agreement. This Arbitration Agreement will survive the
termination of your relationship with Evmos. Modification. Notwithstanding any
provision in these Terms to the contrary, we agree that if Evmos makes any
future material change to this Arbitration Agreement, you may reject that change
within thirty (30) days of such change becoming effective by writing to
legal@thars.is.

15. Governing Law and Venue

Except as otherwise expressly stated herein, these Terms and your access to and
use of the Service shall 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 any other jurisdiction that would cause the application of the laws of
any other jurisdiction). For any dispute between the parties that is not subject
to arbitration as set forth in Section 15, each party hereby submits to the
exclusive jurisdiction of the Courts of the British Virgin Islands, and agrees
that any such action, suit, proceeding or dispute shall be brought only in such
courts.

16. Termination

If you breach any of the provisions of these Terms, all licenses granted by
Evmos will terminate automatically. Additionally, notwithstanding anything
contained in these Terms, we reserve the right, with or without notice and in
our sole discretion, to suspend, disable, or terminate your ability to access or
use the Service (or any part of the foregoing) at any time and for any or no
reason, and you acknowledge and agree that we shall have no liability or
obligation to you in such event and that you will not be entitled to a refund of
any amounts that you have already paid to us.

17. Severability

If any term, clause, or provision of these Terms is held invalid or
unenforceable, then that term, clause, or provision will be severable from these
Terms and will not affect the validity or enforceability of any remaining part
of that term, clause, or provision, or any other term, clause, or provision of
these Terms.

18. Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to Evmos
for which monetary damages would not be an adequate remedy and Evmos shall be
entitled to equitable relief in addition to any remedies it may have hereunder
or at law without a bond, other security, or proof of damages.

19. Export Laws

You agree that you will not export or re-export, directly or indirectly, the
Service, and/or other information or materials provided by Evmos hereunder, to
any country for which the United States or any other relevant jurisdiction
requires any export license or other governmental approval at the time of export
without first obtaining such license or approval. But without limitation, the
Service may not be exported or re-exported (a) into any U.S. embargoed countries
or any country that has been designated by the U.S. Government as a “terrorist
supporting” country, or (b) to anyone listed on any U.S. Government list of
prohibited or restricted parties, including the U.S. Treasury Department’s list
of Specially Designated Nationals or the U.S. Department of Commerce Denied
Person’s List or Entity List. By using the Service, you represent and warrant
that you are not located in any such country or on any such list. You are
responsible for and hereby agree to comply at your sole expense with all
applicable United States export laws and regulations.

20. Survival

All sections which by their nature should survive the termination of these Terms
shall continue in full force and effect after and notwithstanding any
termination of these Terms by Evmos Parties or you. Termination will not limit
any of Evmos Parties’ other rights or remedies at law or in equity.

21. Miscellaneous

These Terms constitute the entire agreement between you and Evmos relating to
your access to and use of the Service. These Terms, and any rights and licenses
granted hereunder, may not be transferred, or assigned by you without the prior
written consent of Evmos, and Evmos’s failure to assert any right or provision
under these Terms shall not constitute a waiver of such right or provision. No
waiver by either party of any breach or default hereunder shall be deemed to be
a waiver of any preceding or subsequent breach or default. The section headings
used herein are for reference only and shall not be read to have any legal
effect. The Service is operated by us outside the United States. Those who
choose to access the Service from locations outside the British Virgin Islands
do so at their own initiative and are responsible for compliance with applicable
local laws. 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.

22. Disclaimer for staking of Evmos tokens

The Evmos protocol is a decentralized peer-to-peer blockchain that people can
use to stake IBC enabled governance tokens called EVMOS. The Evmos protocol is
made up of free, public, and open-source software. Your use of the Evmos
protocol involves various risks, including but not limited to losses incurred
while EVMOS tokens are being staked on third party validators, and supplied to
decentralized exchanges and liquidity pools, as well as losses due to the
fluctuation of prices of Evmos or other tokens in a trading pair or liquidity
pool, including impermanent loss. Before claiming any rewards Evmos tokens or
staking any Evmos tokens through the Evmos website or otherwise you should do
your own due diligence to make sure you understand how the Evmos protocol works.
Additionally, you can access the Evmos network and Service through several web
or mobile interfaces which the Evmos core team does not control. The Evmos
protocol will not accept any responsibility for any loss of Evmos tokens or
while using these interfaces. You are responsible for doing your own due
diligence on those interfaces to understand the fees and the risks they present.
USE OF THE EVMOS PROTOCOL IS PROVIDED “AS IS”, AT YOUR OWN RISK, AND WITHOUT
WARRANTIES OF ANY KIND. Although Tharsis Labs Ltd. developed the initial code
for Evmos, it does not own or control the Evmos protocol, which is run by a
decentralized validator set. Upgrades and modifications to the protocol are
managed through community-driven voting by holders of the Evmos governance
token. No developer or entity involved in creating the Evmos 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 Evmos protocol, including
any direct, indirect, incidental, special, exemplary, punitive or consequential
damages, or loss of profits, cryptocurrencies, tokens, or anything else of
value.

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