Terms of Service

Last Updated: February 1, 2025

These Terms of Service (these "Terms" or this "Agreement") are a contract between you and Oxide Service Corp. ("Foil," "we," "our," or "us") and governs your access or use of our website located at www.foil.xyz (the "Platform") and all related services, applications, and features offered by us from time to time (collectively, the "Services"). Your acceptance of these Terms occurs when you access or use the Services, or, if earlier, by clicking on an "I Agree" button or check box presented with these Terms. Upon taking any of the foregoing actions, you agree to be bound by this Agreement and any materials expressly incorporated herein.

THESE TERMS INCLUDE A WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AS WELL AS A MANDATORY ARBITRATION CLAUSE THAT GOVERNS RESOLUTION OF CERTAIN DISPUTES AND WAIVES YOUR RIGHT TO SUE IN COURT OR HAVE A TRIAL BY JURY. PLEASE READ SECTION 21 CAREFULLY.

If you are an individual accessing or using the Services, you represent and warrant that you: (a) are at least 18 years old; (b) are capable of forming a binding contract with us in the jurisdiction you reside in; (c) have the full right, power, and authority to agree to these Terms; (d) are not a Restricted User (defined below); and (e) are using the Services solely for your own benefit and not on behalf of, or for the benefit of, any third party. If you access or use the Services on behalf of a legal entity or organization, you also represent and warrant that you are authorized to agree to these Terms on behalf of that legal entity or organization and have the power and authority to bind the legal entity or organization to these Terms. 

You represent and warrant that you are not: (a) located in or under the control of any individual or organization located in, the United States; (b) located in, under the control of, or a resident of any jurisdiction that is comprehensively sanctioned or embargoed by the United States, the United Nations, or the United Kingdom; (c) a resident, national, or agent of Cuba, certain sanctioned areas of Russia and Ukraine (including without limitation, Crimea, the so-called region of Donetsk, the so-called region of Luhansk, and the so-called region of Zaporizhzhia), Democratic People's Republic of Korea (North Korea), Iran, and Syria; (d) a citizen, resident, located in, or organized in a jurisdiction where your access or use of the Services would be illegal or violate applicable law; and/or (e) subject to any export restriction, end-user restriction, anti-terrorism law, anti-money laundering law, economic sanction, financial sanction, or trade embargo imposed, administered, or enforced by the United States Department of Treasury's Office of Foreign Asset Control Designated Nationals and Blocked Persons List, United States Department of State, United States Department of Commerce, United Nations Security Council, or other applicable national, regional, provincial, state, municipal, or local law or regulation, each, as amended (a "Restricted User"). 

We reserve the right to enforce geo-blocking of the Services. You are prohibited from using any software or networking techniques including a Virtual Private Network ("VPN") to modify your internet protocol address or otherwise circumvent or attempt to circumvent this prohibition. You acknowledge and agree that you will not hold us responsible for, and will indemnify us from, any contravention that may result from the access of the Services through a VPN or any similar means.

You hereby represent and warrant to us that you will notify us of any change in your circumstances which may affect your ability to meet the eligibility criteria or may result in a change to the Services available to you. If you no longer meet our eligibility criteria at any time (including because of a change to your circumstances or to our eligibility criteria), we may suspend or terminate your ability to access and/or use some or all of the Services.  

To use certain functions of the Services, you must connect a compatible software application (or other mechanism) ("Digital Asset Wallet"). Your relationship with the provider of any Digital Asset Wallet you use in connection with the Services is governed by the terms and conditions of that provider's agreement with you. By connecting a Digital Asset Wallet to the Platform, you agree to be bound by this Agreement. We reserve the right, in our sole discretion, to prohibit certain Digital Asset Wallet's from connecting to the Platform or from interacting with any part of the Services.

The Services are non-custodial applications; we do not, at any time, custody, possess, or control the virtual currency, cryptocurrency, stablecoins, or other cryptographic tokens (collectively, "Digital Assets") in your Digital Asset Wallet. As the owner of the Digital Assets stored by the Digital Asset Wallet, you acknowledge and agree that you bear all risk of loss regarding such Digital Assets and you will not hold us liable for Digital Asset fluctuations or other loss associated with any Digital Asset Wallet you use in connection with the Services. 

You are solely responsible for the custody of the cryptographic private keys associated with any Digital Asset Wallet you use or connect to the Services. You should never share your Digital Asset Wallet credentials or seed phrase with anyone. We accept no responsibility for, or liability to you, in connection with your use of a Digital Asset Wallet. We make no representations or warranties regarding how any of the Services will interact or operate with any specific Digital Asset Wallet. 

The Platform provides a web or mobile-based means to access software protocols that run on blockchain networks (collectively, the "Protocol"). The Protocol enables users to perform transactions with Digital Assets compatible with the underlying blockchain network. The Platform is distinct from the Protocol. The Platform is one but not the exclusive means of accessing the Protocol. The Protocol itself is comprised of open-source or source-available self-executing smart contracts.

You acknowledge and agree that we do not control the Protocol and do not have control over Digital Asset transactions conducted on the Protocol. You also acknowledge and agree that that your interactions and/or transactions, including Digital Asset transactions, are not transactions with us. You further understand and agree that we do not own, operate, or control the Protocol's liquidity pools and do not control trade execution on the Protocol. 

The Services may include, without limitation, links to sites, technology, applications, products, services, materials, or resources, provided or made available by a third party (collectively, "Third Party Services"). Your access and/or use of a Third Party Service is subject to the terms and policies of the applicable provider of the Third Party Service. We do not control any Third Party Service. 

You acknowledge and agree that you are solely responsible for all costs and charges associated with your use of a Third Party Service. Our integration or inclusion of a Third Party Service does not imply endorsement or recommendation. You also acknowledge and agree that we are not responsible for the availability, reliability, accuracy, or legitimacy of any Third Party Service (including any related websites, resources or links displayed therein). Any dispute you have with a Third Party Service provider including, without limitation, your intellectual property rights, is between you and the applicable provider of the Third Party Service. We will not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your use of, or reliance on, a Third Party Service.

If, to the extent we permit, you permit a third party or Third Party Service to access or connect to the Services, you acknowledge and agree that granting permission to any third party to take specific actions on your behalf does not relieve you of any of your responsibilities under these Terms. You are fully responsible for any act or omission of any third party. You acknowledge and agree that you will not hold us responsible for, and will indemnify us from, any and all liability arising out of or related to any third party's act or omission with access to your Digital Asset Wallet, application, software, or other mechanism that you use to interact with the Services.

To the maximum extent permitted by applicable law, you waive any and all claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, against us and our affiliates, and each of our respective officers, employees, agents, and successors arising out of or in any way related to any of the risks set forth herein. You also waive application of Section 1542 of the Civil Code of the State of California, or any similar stature or law of any other jurisdiction. Section 1542 reads as follows: "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." 

We may provide certain incentives, prizes, or rewards for completing certain activities ("Rewards"). We reserve the right to change, modify, discontinue, or cancel any Reward at any time and without notice to you. You understand and agree that we do not guarantee that you will receive a Reward or other incentive. Any information regarding the potential amount of a Reword is an estimate only. We expressly disclaim all representations and warranties regarding any Reward including, without limitation: (a) any stated percentage of a Reward that will be received; (b) any Reward will occur on a continuous basis; (c) that Rewards will be on an uninterrupted basis or error-free basis; and/or (d) any particular Digital Asset will be available in connection with the Reward. Any Reward we make available from time to time is subject to these Terms and any other applicable term or provision regarding such Reward. Some or all of your Rewards may be programmatically destroyed as a penalty imposed by the applicable underlying blockchain network ("Slashing Penalty"). Foil will not be responsible or liable for any loss or penalty of a Reward or Slashing Penalty.

You understand, accept, and agree to assume all of the various risks involved in using the Services and holding, transacting, and transferring Digital Assets including all of the risks set forth below.

• Digital Assets, the features, functions, characteristics, operations, use, and other properties and/or software, networks, protocols, systems, or other technology that Digital Assets interact with is complex; and Digital Asset terms, features, or risks may not be readily or fully understood due to such complexities. 
• If you act as a liquidity provider through the Services, you understand that your Digital Asset may lose some or all value while supplied to the Protocol due to fluctuations in Digital Asset prices in a trading pair or liquidity pool. 
• Staking rewards are not guaranteed and may be based on network performance, validator reliability, and other external factors. Foil does not assure any specific level of returns or profitability from staking activities. 
• If you supply Digital Asset to a liquidity pool in an automated market maker ("AMM"), your deposited assets may lose relative value as the ratio of the Digital Assets in the liquidity pool fluctuate ("Impermanent Loss"). An AMM functions by allowing market forces to rebalance the ratio of Digital Assets in a liquidity pool. Once this rebalancing or Digital Assets occurs, you may end up withdrawing a different ratio of Digital Assets than when you deposited your Digital Assets into the liquidity pool. As such, you may perceive a "loss" in value in U.S. dollar terms due to the rebalancing of the Digital Assets in the liquidity pool. You represent that you understand the risk of Impermanent Loss. You further represent that you have carefully considered the likelihood of price divergence in a liquidity pool, and that you understand that we cannot control the amount of loss that you incur.
• 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.
• Digital Assets will be irretrievably lost if sent to the wrong address. For instance, if the address is improperly formatted, contains an error, or for a different type of Digital Asset. 
• Digital Assets may be subject to forks or attacks on the security, integrity, and/or operation of the networks, including any network events. These events may affect features, functionality, operations, use, or properties of any Digital Asset or network and/or the value of any Digital Asset.
• The value of certain Digital Assets like non-fungible tokens ("NFTs") is subjective. The price of a NFTs is subject to volatility and fluctuations in the price of other Digital Assets.
• Collateral for decentralized finance protocols and projects may be higher than similar centralized protocols and projects.
• Any Digital Asset and/or the Services may be targeted by malicious persons or individuals who may attempt to disrupt the Services or steal Digital Assets. This includes but is not limited to malware, hacking, phishing, double spending, smurfing, spoofing, sybil attacks, social engineering, majority mining, mining attacks, distributed denial of service, and blockchain forks.
• The public nature of the Internet means that parts or the Internet may be unreliable or unavailable at any given time. Interruption, delay, corruption, loss of data, the loss of confidentiality or privacy through the course of data transmission, or malware transmission may occur when transmitting data via the Internet or other technology. This can result in your transaction(s) not being executed according to your instructions, at the requested time, and/or not at all. No technology is completely secure or safe.
• Digital Assets may decrease in value or lose all value, in a short period of time or permanently, due to various factors including, without limitation, government or regulatory activity, the discovery of wrongful or illegal conduct, market manipulation, price distortion, insider dealing, market distortion, malicious wrongdoing or behaviors, changes to the Digital Asset's nature or characteristics, suspension, or cessation of support for a Digital Asset by exchanges, public opinion, technical advancements, macroeconomic and political factors, and other factors outside of our control
• Digital Assets held by a decentralized application and Digital Asset Wallets are not protected deposits and may not be protected by any deposit protection scheme. Thus, Digital Assets have a reduced level and type of protection compared to fiat and other asset classes or types.
• The creation of the Protocol may be abandoned for reasons including without limitation, lack of interest, funding, incapacitation of key developers or project members, lack of commercial success or prospects, or Force Majeure Event (defined below). You understand that there are no assurances regarding any benefit to interacting with the Services, even if the project and/or the Protocol was partially or fully developed and launched.
• The Services may undergo significant changes over time. We may also limit control over how other visitors and/or users can use the Services and what services are offered on or through the Platform. This could create the risk of the Services not meeting your expectations, for any number of reasons, including mistaken assumptions or analysis, a change in the design and/or implementation plans, or execution on or through the Services. 
• We currently rely on our service providers for certain aspects of our operations including cloud computing services and data centers that provide facilities, infrastructure, website functionality and access, components, and services, all of which are critical to our operations. Like most other online companies, because we rely on service providers, we face operational risk. Any interruption in the services provided by our service providers can impair our ability to provide the Services.
• We do not directly manage the operation of the service providers we use including their data center facilities. Such third parties are vulnerable to financial, legal, regulatory, and labor issues, cybersecurity incidents, break-ins, computer viruses, denial-of-service attacks, sabotage, acts of vandalism, privacy breaches, service terminations, disruptions, interruptions, Force Majeure Events, and other events. 
• Digital Asset transactions rely on smart contracts stored on various blockchains, cryptographic tokens generated by smart contracts, and other nascent software, applications and systems that interact with blockchain-based networks. These technologies are experimental, speculative, inherently risky, and subject to change. A defining feature of blockchain technology is that its entries are immutable, which means, as a technical matter, they generally cannot be deleted or modified by anyone. You acknowledge and understand that smart contracts dictate how funds and ownership of Digital Assets are distributed.
• You acknowledge and understand that you may be subject to scams and/or other types of fraud perpetrated by parties outside of our control. It is your responsibility to be aware of and protect against such misconduct. In the event that you are subject to such fraud, there is a risk of loss of your Digital Assets.
• All blockchain transactions include data and, in some circumstances, personal data about you. Many blockchain technologies store transaction data publicly and permanently. When you use such public blockchain technology, you intentionally make your transaction data public and acknowledge that this data cannot be deleted, removed, or reversed due to the nature of blockchain technology.
• We are subject to an extensive and rapidly evolving regulatory landscape, and any changes to any law or regulation could adversely impact our ability to offer the Services and/or your use or access to the Services. Such regulatory change may also impact your legal obligations with respect to your use of the Services.
• You understand that smart contract transactions automatically execute and settle, and blockchain-based transactions are irreversible when confirmed. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time. You further acknowledge and accept the risk of selecting your slippage rate which expose you to additional cost or fees by the underlying blockchain network.

By accessing or using the Services, you acknowledge, represent, and warrant, in each case as applicable, each of the items contained in this section.

You represent and warrant that you have received a copy of, have carefully read, understand, accept, and agree to assume all of the risks involved with using, holding, trading, delivering, purchasing transacting, and/or transferring Digital Assets and access or use of the Services including without limitation, the risks specifically set forth in this Agreement. You agree that we will not be liable to you for any loss, damage, expense, or liability that is or may relate to any of the risks specifically set forth in this Agreement. You represent and agree that you are able to bear any financial or other loss associated with or that may otherwise relate to your access or use of the Services. 

You represent and warrant that you are not relying on (and will not at any time rely on) our communication (written or oral) as advice or as a recommendation to engage in any transaction or interaction involving the Services. You agree that we have not: (a) given any guarantee or representation as to the potential success, return, effect, or benefit (either legal, regulatory, tax, financial, accounting, or otherwise) of transacting in Digital Assets and/or using the Services; and (b) made any representation to you regarding the legality of transacting in Digital Assets or the Services under applicable law. In deciding to use the Services, you are not relying on advice or recommendations of ours, and you have made your own independent decision that using the Services is suitable and appropriate for you.

You acknowledge and agree that we do not provide investment advice and any content on the Services or other communication channel should not be considered as tailored investment advice. You must seek professional advice regarding your particular financial, legal, technical, and other conditions prior to commencing your use of the Services. You represent and warrant that you fully understand all risks associated with using the Services and you have the necessary experience, understanding, and risk tolerance for using the Services including the necessary experience and knowledge to enter into any use or transaction regarding the Services. You acknowledge and accept any and all risks regarding the Services and are responsible for conducting your own independent analysis of the risks specific to your access or use of the Services. 

You may not use the Services to engage in the following categories of activity (each a "Prohibited Use"). The specific types of activities listed below are representative, but not exhaustive. 

• Unlawful Activity. Activity which, in any way, would violate, or assist in violation of, any law, statue, ordinance, or regulation, sanctions programs administered in the countries where Foil offers the Services, or which would involve proceeds of any unlawful activity; publish, distribute, or disseminate any unlawful material or information.
• Abusive of Others. Interfere with another individual's access to or use of the Services including but not limited to exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content; defame, abuse, extort, harass, stalk, threaten, or otherwise violate or infringe the legal rights of others; ask for personally identifiable information, or otherwise; transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; to impersonate or attempt to impersonate Foil, an employee, another user, or any other person or entity (including, without limitation, by using email addresses, screen names, similarly named or commonly misspelled URLs, or associated blockchain identities); engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services; incite, threaten, encourage, or promote hate, racial intolerance, or violent acts against others. 
• Fraud. Activity which operates to deceive or defraud, or attempt to deceive or defraud, Foil, any users or any other person, including without limitation providing any false, inaccurate, or misleading information whether directly through the Services or through an external means that affects the Services with the intent to unlawfully obtain the property of another or to provide knowingly or recklessly false information, including in any way that causes inaccuracy among the content on the Services.
• Gambling. Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance.
• Abusive Activity. To cause the Services, the Platform underlying blockchain network(s) or technologies, or any other functionality with which the Services interact, to work other than as intended; damage the reputation of Foil, or impair any of our legal rights or interests; engage in any activity or behavior that violates any applicable laws concerning, or otherwise damages, the integrity of the Services or any other service or software which relies on the Services; use the Services in any manner that could disable, overburden, damage, impair, or interfere with the Services, including the ability to engage in real time activities through the Services; use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services; attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services or information in connection with the Services is stored, or any server, computer, or database connected to the Services, including any underlying blockchain; through the use of a VPN software or any other privacy or anonymization tools or techniques intended to circumvent, or attempt to circumvent, any restrictions that apply to the Services.
• Intellectual Property Infringement. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable law or regulation or that otherwise may be in conflict with these Terms; engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, software, or other licensed materials without the appropriate authorization from the rights holder; use of Foil's intellectual property, name, or logo, including use of any Foil trade or service mark, without express consent of Foil or in a manner that otherwise harms Foil or the Foil brand; any action that implies an untrue endorsement by or affiliation with Foil.

You agree and represent that you will not engage in any Prohibited Use, in connection with the Services. You further represent and warrant that you: (a) will abide by any and all applicable laws of the jurisdiction where you are located; (b) all local, national, and international practices regarding Internet use; (c) and all network agreements, rules, and procedures related to or in connection with the Services; (d) your use of the Services including Digital Asset transactions will be in compliance with applicable law and regulation in your jurisdiction; (e) you have obtained sufficient information about the Services, Digital Assets, and other services or products in connection with the Services to make an informed decisions in regard to your use of the Services; (f) you will bear the full responsibility for any and all activities that occurs in connection with your use or access to the Services including without limitation transactions of Digital Assets, any purchase, interacting with the Services, disclosing, or publishing information, clicking to agree with various agreements, and uploading and submitting various documents or information; and (g) you are the legal and rightful owner of the Digital Assets in the Digital Asset Wallet, and Digital Assets you use in connection with the Services. 

We may, at our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, all or any part of the Services. You acknowledge that our decision to take certain actions including limiting, suspending, or terminating your access to the Services, may be based on our confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of our risk management and security procedures to you. 

We will not be liable for any losses suffered by you resulting from any modification of the Services or from any suspension or termination of your access to all or a portion of the Services. You acknowledge that Digital Asset values may fluctuate during any period during which the Services have been suspended and agree that Foil will have no liability for any such fluctuations. You also acknowledge that in the event of permanent suspension or termination of the Services, the Digital Assets associated with your account may be lost and that we will have no liability for any such losses. You waive and hold harmless Foil and its affiliates, licensees, and service providers from any claims resulting from any action taken by Foil and/or any of the foregoing parties during, or taken as a consequence of, investigations by us, such parties, or law enforcement authorities. We have the right and sole discretion to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

In the event of the termination of your right to access or use any part or all of the Services, discontinuation of the Services, or other termination of your right to access the Services: (a) we may delete or deactivate your account and all related information and/or materials associated with your account without liability to you; (b) we may cancel any open transaction, or other use of the Services that are pending at the time of discontinuation or termination; and (c) any and all amounts payable by you to us will immediately become due.  

The Services and its entire contents, features, and functionality including but not limited to all information, software, text, displays, images, video, and audio, the design, selection, and arrangement thereof, and the "look and feel" of the Services, except any open source software, are owned by Foil ("Foil Materials"), its licensors, or other providers of such material and are protected by applicable and/or international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

In connection with your use of the Services, you may use the Foil Materials solely as authorized by us for as long as we permit you to continue accessing the Services. Without limiting the foregoing, you agree not to: (a) resell, lease, lend, share, distribute, or otherwise permit any third party to use the Services, Foil Materials, or use the Services or Foil Materials in any service bureau environment; (b) modify or create derivative works of the Services or Foil Materials, or any portion thereof, or any data or information received by you in connection therewith; (c) frame, display, or incorporate the Services or Foil Materials in any website or any other work of authorship; (d) decompile, disassemble, reverse engineer, or attempt to discover the source code of the Services or Foil Materials; (e) use the Services or Foil Materials to design, develop, or create any competing product or service; or (f) otherwise use the Services or Foil Materials for any commercial or noncommercial purpose other than their intended purposes determined at our sole discretion.

We hereby permit you to use and access the Services, provided that you comply with these Terms. If any software, content, or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you a non-sublicensable, non-transferable, and non-exclusive right and license to execute, access, and display such software, content, and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. 

If your use or access to the Services is in breach of these Terms, your right to access the Services will stop immediately and you must, at our sole option, return or destroy any copies of the materials that you made directly or indirectly from the Services. No right, title, or interest in or to the Services is transferred to you, and all rights not expressly granted are reserved by us. You may freely use any open-sourced materials up to the limits provided, but in accordance with any requirements placed, by those materials' open-source licenses. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other applicable laws.

Our name, the term "Foil," "Foil.xyz," and any and all related names, logos, product and/or service names, designs, and slogans are trademarks of ours, our affiliates, or licensors. You agree not to use such marks without our prior express written permission.

We do not warrant the accuracy, completeness, or usefulness of any materials or information that we or a third party present on or through the Services and such information is made available solely for general information and education purposes. Any information posted to the Services should not be construed as an intention to form a contract, and in no case should any information be construed as our offer to buy, sell, exchange, or otherwise transact Digital Assets. We disclaim all liability and responsibility arising from any reliance placed on such information or materials by you, any other user or person who may be informed of any of the Services contents, or by the actions or omissions of others interacting with the Services.

You are responsible for your interactions with other users. While we reserve the right to monitor interactions between users, we are not obligated to do so, and we cannot be held liable for your interactions with other users, or for any user's actions or inactions. If you have a dispute with one or more users, now or in the future, you agree to release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. 

We may make available special offers or conduct promotions for qualifying users. We or a third party may, subject to applicable law, establish qualifying criteria to participate in any special promotion at our sole discretion. You agree that without limitation, we may revoke, modify or discontinue any such special offer at any time and for any reason without advance notice to you. We are under no obligation to make available special offers to all users. We make no recommendation and do not provide any advice about the value or utility of a Digital Asset that is part of a promotion. 

Any questions, suggestions, ideas, feedback, reviews, or other information or materials regarding the Services provided by you to Foil (collectively, "Feedback") are non-confidential. Foil will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise without acknowledgment, attribution, or compensation to you. You hereby assign to Foil all right, title, and interest to Feedback together with all associated intellectual property rights and waive any claim for, acknowledgement or compensation based on any Feedback or any modifications made based on any Feedback. 

Foil is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in your use of the Services. Foil does not provide investment, tax, or legal advice, and you are solely responsible for any transaction, investment, strategy, decision, or other act that you make when using the Services. We may provide educational material or information on the Platform, through the Services, social media account, or other channel of communication. No communication or information provided to you by Foil is intended as, or shall be considered or construed as, advice. To the fullest extent permissible by law, you agree that your access or use of the Services causes Foil or any user to owe fiduciary duties or liabilities to you or any third party. Further, you acknowledge and agree to the fullest extent such duties or liabilities are afforded by law or by equity, such duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated, and that we shall be held completely harmless in relation thereof. 

You may be charged fees via your access to the Protocol through a third party. You are responsible for doing your own diligence on any third party to understand any applicable fee or charge that such third party may charge you in connection with the Services. Under no circumstances shall Foil incur any liability, of any kind, to you arising from or relating to fees charged to you by your access or use to the Protocol via a third party interface.

We may, in our sole discretion and at any time, set or modify the fees for the Services. If we set or modify fees for the Services, the fee schedule may be available on the Platform. Except when required by law, fees are non-refundable.

Blockchain transactions require the payment of transaction fees to the appropriate network's nodes, miners, validators, or operators ("Blockchain Fees"). You will be solely responsible to pay the Blockchain Fees for any transaction that you initiate via the Services. Blockchain Fees are neither levied directly by Foil nor paid to or shared with Foil in any way, but rather are determined by your use of the Services and the rules placed by corresponding blockchain communities at large. You acknowledge and agree that Foil has no control over Blockchain Fees (including without limitation their applicability, payment, amounts, transmission, intended operation, and effectiveness) whether related to your use of the Services or otherwise, and in no event will Foil be responsible to you or any other party for the payment, repayment, refund, disbursement, indemnity, or for any other aspect of your use or transmission of Blockchain Fees.

You may be required to provide us with certain information and/or documentation directly or through a third party. You authorize us, directly and/or through a third party, to make inquires that we consider necessary to verify your identity, protect against the misuse of the Services, or any other reason in connection with the Services or related therewith.

You represent and warrant that all information you submit when you register for an account is accurate, current, true, and complete, and you will keep your account information accurate, current, and complete. You are responsible for keeping your account information up to date, including the information that allows you to receive any notices or alerts that we may send you. You are solely responsible for any and all activity that occurs on your account, whether authorized by you or not, and you must keep your account information secure. You will notify us immediately of any breach of security or unauthorized use of your account. You agree that we will have no liability or responsibility for any permanent or temporary inability you may have in connection with your interaction with the Services. You agree to indemnify us for any and all losses incurred as a result of your failure to provide complete, accurate, and up-to-date information at any point prior to, during, and following termination of your use of and access to the Services.

FOIL HAS NO OVERSIGHT ON OR CONTROL OVER ANY PARTICULAR DIGITAL ASSET OR BLOCKCHAIN NETWORK. YOU ARE RESPONSIBLE FOR YOUR USE OF THE SERVICES, THE FUNCTIONALITIES THAT YOU ENABLE, TRANSACTIONS ENGAGED ON THE PROTOCOL THROUGH THE SERVICES, AND ACCESS OR USE OF THE INFORMATION DERIVED THEREOF. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS RELATED TO ITS TRANSACTIONS AND ACTIVITIES THAT DIRECTLY OR INDIRECTLY INCORPORATE OUR PROVISION OF THE SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND FOIL IS NOT REGISTERED NOR LICENSED WITH, NOR HAVE THE SERVICES OR THE SOFTWARE CONTAINED THEREIN BEEN REVIEWED BY ANY SECURITIES, COMMODITIES, OR OTHER FINANCIAL OR BANKING REGULATOR. YOU FURTHER UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOAD FROM THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR: (A) AN APPROPRIATE BLOCKCHAIN BASED UTILITY; (B) ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT; (C) YOUR PARTICIPATION IN AND USE OF THE PROTOCOL AND RELATED TECHNOLOGIES; AND (D) MAINTAINING A MEANS EXTERNAL TO OUR SITE TO RECONSTRUCT ANY LOST DATA.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NOT EVENT WILL FOIL, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, MAN-IN-THE-MIDDLE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, PLATFORM, OR FOIL MATERIALS, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FOIL THROUGH THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES AND ANY SERVICES CONTENT IS AT YOUR SOLE RISK. THE SERVICES, FOIL MATERIALS, THE PLATFORM, THE PROTOCOL, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FOIL ARE PROVIDED ON AN "AS IS'' AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, IN NOT EVENT WILL FOIL, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR, AND EXPLICITLY DISCLAIM, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED THE SERVICES, FOIL MATERIALS, THE PROTOCOL, OR PLATFORM, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FOIL WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER FOIL, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, FOIL MATERIALS, PROTOCOL, AND/OR ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FOIL.

FOIL, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES DO NOT REPRESENT OR WARRANT THAT: (A) ACCESS TO THE SERVICES, FOIL MATERIALS, THE PLATFORM, THE PROTOCOL, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FOIL WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, WITHOUT DELAY, ERROR-FREE, SECURE, OR FREE FROM DEFECTS; (B) THE INFORMATION CONTAINED OR PRESENTED ON THE SERVICES, FOIL MATERIAL, THE PROTOCOL, OR THE PLATFORM IS ACCURATE, RELIABLE, COMPLETE, CONCISE, CURRENT, OR RELEVANT; (C) THE SERVICES, FOIL MATERIALS, THE PROTOCOL, OR THE PLATFORM, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FOIL OR ANY SOFTWARE CONTAINED THEREIN WILL BE FREE FROM DEFECTS, MALICIOUS SOFTWARE, ERRORS, OR ANY OTHER HARMFUL ELEMENTS, OR THAT ANY OF SUCH WILL BE CORRECTED; OR (D) THE SERVICES, FOIL MATERIALS, THE PLATFORM, THE PROTOCOL, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FOIL WILL MEET ANY USER'S EXPECTATIONS. NO INFORMATION OR STATEMENT THAT WE MAKE, INCLUDING DOCUMENTATION OR PRIVATE COMMUNICATION, SHOULD BE TREATED AS OFFERING ANY WARRANTY CONCERNING THE SERVICES, FOIL MATERIALS, THE PLATFORM, OR THE PROTOCOL, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FOIL. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY CONTENT, ADVERTISEMENTS, OFFERS, STATEMENTS, OR ACTIONS BY ANY THIRD PARTY EITHER REGARDING THE SERVICES, FOIL MATERIALS, THE PLATFORM, THE PROTOCOL, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FOIL. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agrees to defend, indemnify, and hold harmless Foil, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of Services, including, but not limited to, your interactions with the Platform or the Protocol, and any other service, product, software, application, or feature accessible on or through the Services; (c) use of or reliance on the Platform's content, the Services, and/or services or products other than as expressly authorized in these Terms; (d) your use or reliance on of any information obtained from the Services; and/or (e) any third party's access or use of the Services with or without your assistance, using any device, account, profile, Digital Asset Wallet, or other mechanism that you own or control.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FOIL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SERVICES, FOIL MATERIALS, THE PLATFORM, THE PROTOCOL, AND/OR ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FOIL, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS DISCLAIMER OF LIABILITY EXTENDS TO ANY AND ALL DAMAGES CAUSED BY ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY FRAUD, DECEIT, OR MANIPULATION), WHETHER OR NOT A USER, OR ANY FAILURE, EXPLOIT, OR VULNERABILITY OF THE SERVICES, THE PLATFORM, THE PROTOCOL, FOIL MATERIALS, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FOIL.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF FOIL, AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID DIRECTLY TO FOIL FOR THE SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Please read this section carefully because it waives any right to participate in any class action or other representative action or proceeding. This section requires you to arbitrate certain disputes and limits the ways in which you can seek relief, including by precluding you from suing in court or having a jury trial. 

To the extent permissible by law, any claim, controversy, or dispute arising out of or related to this Agreement, or any products or services provided in connection with the Services (each a "Dispute") must be brought in your individual capacity, and not as a plaintiff or class member in any putative class, collective action, or representative proceeding (collectively "Class Action Waiver"). The arbitrator may not consolidate more than one person's claims or engage in any arbitration on behalf of a class. You agree that, by entering into this Agreement, you are waiving the right to a trial by jury and the right to participate in a class action.

21.2. Informal Resolution 

Before filing a claim against Foil, you agree to try to resolve the Dispute by first emailing oxideinc@proton.me with a description of your claim and proof of your relationship with Foil. If we can't resolve the Dispute within sixty days of our receipt of your first email, you or Foil may then submit the Dispute to binding arbitration as provided herein.

All Disputes between you and Foil must be resolved by final and binding arbitration. By agreeing to binding arbitration, you and Foil expressly waive the right to formal court proceedings including without limitation trial by jury and class action. This Agreement affects interstate commerce, and the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act 9 U.S.C. § 1, et. Seq. ("FAA").

The arbitration shall be conducted by the International Chamber of Commerce ("ICC") under its Commercial Arbitration Rules ("ICC Rules") then in effect. If you are a consumer, the most recent version of the ICC Rules can be accessed here. These Terms shall govern any conflict between the ICC Rules and these Terms. The location and type of hearing shall be determined in accordance with the ICC Rules. Further, a party's right to request a hearing shall also be determined in accordance with the ICC Rules. Unless otherwise ordered by an arbitrator or pursuant to the ICC Rules, any in-person arbitration shall be in English and held remotely to the maximum extent and administered in the Republic of Panama or another mutually agreeable location. 

Foil, the arbitrator, and you, will each maintain the confidentiality of any arbitration proceedings, judgments, and awards including information shared and produced during the arbitration.

Any arbitration must be commenced by filing a demand for arbitration within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. If a claim is not filed within such period, the Dispute is permanently barred.

If any portion of this section is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision shall be severed from these Terms and such severance of the provision(s) shall have no impact whatsoever on the remainder of this section. Further, 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. Lastly, if any provision in this section is found to prohibit an individual claim seeking public injunctive relief, such provision shall have no effect to the extent relief is allowed to be sought outside of arbitration. The remainder of this section shall remain in full force and effect.

Notwithstanding any term or provision in this Agreement to the contrary, you and Foil agree that if Foil makes any future material change to this section, we will notify you. Your continued use of the Services including the acceptance of features and services offered following the posting of changes constitutes your acceptance of any such changes.

This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the Republic of Panama without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. You agree that Foil may initiate a proceeding relating to the enforceability or validity of Foil's intellectual property rights in any court of competent jurisdiction. With respect to any other proceeding not subject to arbitration under this Agreement, the courts of the Republic of Panama will have exclusive jurisdiction. You waive any objection to venue in any such courts. 

We reserve the right to amend this Agreement, any other agreement or document incorporated or referenced in this Agreement, and any policy governing the use of the Services at any time and in our sole discretion. Any amendment will be effective immediately and you waive any right you may have to receive any specific notice of such amendment. Your continued use of the Services after posting of such amendment constitutes your agreement to be bound by all then-in-effect amendments to this Agreement, regardless of whether you have actually reviewed them.

These Terms, and any other document, material, or information referenced herein is particular to you and any attempt that you make to assign, novate, or transfer your rights, interests, liabilities, and/or obligations is null and void, unless you have received Foil's prior written consent. Foil reserves the right to assign our rights without restriction, including without limitation to any of Foil's affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their successors and permitted assigns.

We reserve the right to change, suspend or discontinue, or terminate, restrict, or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. All sections of this Agreement that by their nature should survive termination shall survive termination.

Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.

Headings of sections are for convenience only and shall not be used to limit or construe such sections.

If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation, or any governmental agency whether local, state, or federal, such provision shall be 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 the Terms shall not be affected.

You acknowledge and consent that the Services are provided by us according to our current technological capability and other business conditions. While we have made every effort to ensure continuity and security of the Services, we are unable to completely foresee and hedge against all legal, technological, and other risks.

Foil will not be held liable for delays, failure in performance, or interruption of Services that result directly or indirectly from any cause or condition beyond our reasonable control. Such instances include: (a) acts of God such as earth earthquakes, fires, cyclones, explosions, typhoons, monsoons, landslides, lightning, storms, tempests, pandemics, droughts or meteors; (b) acts of war, whether declared or undeclared, including invasion, act of a foreign enemy, hostilities between nations, civil insurrection, or militarily usurped power; and acts of terrorism; (c) civil disorder, such as acts of a public enemy, malicious damage, terrorism, sabotage, or civil unrest; (d) embargoes or sanctions (such as confiscation, nationalization, requisition, expropriation, prohibition, restraint or damage to property by or under the order of any government or governmental authority; (e) unnatural disasters, such as ionizing radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel; (f) labor disputes, including strikes, blockades, lock-outs, or other industrial disputes; (g) failure of telecommunication outlets, including the internet, communications networks and facilities, or other infrastructure, systems, operations or of equipment relevant to the provision or use of the Services; (h) data breaches or data-processing failure or incomplete processing; and/or (i) changes in laws or regulations that may materially affect the Digital Assets and/or blockchain industries (collectively, "Force Majeure Events").

It is your sole responsibility to determine whether and to what extent any taxes apply to activity you conduct through the Services; and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. No communication or information provided to you by Foil is intended as, or considered or construed as, legal or tax advice.

Any notices or other communications provided by us under these Terms including those regarding modifications to these Terms will be posted online, in the Services, or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with your use of the Services.

To understand how Foil collects, uses, and shares information about you, please review our Privacy Policy.

Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties and their successors and permitted assigns, any of the rights hereunder.

These Terms and every other term or provision applicable to you, including any document incorporated by reference herein, constitute the entire agreement and understanding between you and Foil as to the subject matter hereof, and supersede any and all prior discussions, agreements, and understandings of any kind (including any prior versions of these Terms). Unless otherwise specifically stated, these Terms govern and control any conflict between these Terms and any other agreement you may have with Foil.  

These Terms are set forth in the English language and all communications including any notices or information being transmitted shall be in English. In the event that these Terms or any part of it is translated (for any proceedings, for your convenience, or otherwise) into any other language, the English language text of these Terms shall prevail.