INKY TERMS OF SERVICE

Amendment of the Terms

We may amend or modify the Terms at any time by posting the revised version on the Website and/or providing a copy to you ("Revised Terms"). Such Revised Terms shall be effective as of the time the Revised Terms are posted on the Website. Your continued use of the Services after the posting of Revised Terms constitutes your acceptance of such Revised Terms. If you do not agree with any such revisions, your sole and exclusive remedy is to terminate your use of the Services.

Technical Services Only

THE SERVICES INCLUDE, AMONG OTHER THINGS, A MOBILE-BASED USER INTERFACE THAT ALLOWS USERS TO EXPLORE, STORE, BUY, SELL AND TRADE DIGITAL ASSETS AND INTERACT WITH DAPPS THAT OPERATE ON PERMISSIONLESS PUBLIC BLOCKCHAINS. PAYWARD IS NOT A BROKER, DEALER, EXCHANGE, INVESTMENT ADVISER, CUSTODIAN OR FINANCIAL SERVICE PROVIDER OF ANY KIND. THE SERVICES INCLUDE SOFTWARE THAT ENABLES USERS TO ACCESS AND INTERACT WITH PERMISSIONLESS PUBLIC BLOCKCHAINS AND ONCHAIN SMART CONTRACTS THAT FUNCTION DETERMINISTICALLY AND ARE NOT OPERATED OR CONTROLLED BY PAYWARD. WE DO NOT HAVE A FIDUCIARY RELATIONSHIP OR OBLIGATION TO YOU IN CONNECTION WITH THE SERVICES.

Privacy Policy

Your personal information and privacy are important to us. The collection, use and sharing of your personal information through the Services and while you use the Services are subject to our Privacy Policy, which is hereby incorporated into the Terms.

Eligibility

To be eligible to access or use the Services, you must satisfy each of the following eligibility requirements:

• 1.1. You are at least eighteen (18) years of age, or are the legal age for entering into legally binding agreements under applicable law;
• 1.2. You are not, nor are you an entity that is, or an entity owned or controlled by any person or entity that is, or conducting any activities itself or on behalf of any person or entity that is: the subject of any sanctions administered or enforced by the U.S. Department of the Treasury's Office of Foreign Assets Control, the U.S. Department of State or any other governmental authority with jurisdiction over the party; identified on the Denied Persons, Entity or Unverified Lists of the U.S. Department of Commerce's Bureau of Industry and Security; or located, organized or resident in a country or territory that is, or whose government is, the subject of economic sanctions, including, without limitation, Russia, Crimea, Cuba, Iran, North Korea or Syria (each, a "Restricted Person").

2. The Application

2.1. General

We make available certain software services via a mobile device application (the "Application") that enables you to generate, access and interact with a personal unhosted digital wallet ("Wallet") through a user-interface.

2.2. Features

The Application enables you to use your Wallet to: (i) explore and store crypto assets, tokens, coins and other blockchain-based digital assets (collectively, "Digital Assets"); (ii) link to and use decentralized applications, including, without limitation, decentralized exchanges, cross-chain bridges and other crypto-native applications (collectively, "Dapps"); (iii) swap, trade, request and send Digital Assets with other users of the Application on a peer-to-peer basis and/or via third-party Dapps; (iv) view addresses, broadcast transactions and other on-chain information; (v) sync contact lists and view information related to your contacts' Digital Asset activities on the Application; and (vi) any additional functionality that may be added to the Application from time to time.

2.3. Fees

We may directly or indirectly earn fees in connection with your use of certain features of the Application. We charge a fee of 1% in connection with exchanges of one Digital Asset for another. We reserve the right to modify our fees at any time in our sole discretion without any notice to you. Additionally, when you access and interact with third-party services, such as Dapps, using the Application, you may be charged fees in connection with your use of such services. Under no circumstances shall Payward incur any liability, of any kind, to you arising from or relating to fees charged to you by such third parties accessible via the Application.

2.4. Relationship

We do not provide investment or tax advice, including in connection with Your use of the Services. You agree not to rely upon any statement or content on our Services or Platforms, or that is otherwise attributed to us, as a recommendation, advice, or guidance regarding trades, investments, tax, or any other similar issues. We also are not acting as Your bank, broker, intermediary, agent, advisor, or as Your fiduciary in any capacity, including with respect to the Services.

3. Accessing the Services

3.1. Account and Wallet Creation

To access and use certain aspects of the Services, such as the Application, you will be required to create an account ("Account") within the Application by using your chosen authentication method. By creating an Account, Wallets will automatically be generated for your use within the Application which correspond to the blockchains on which assets within the Application are available. We will not manage or have access to your private keys and will rely on third-party developers and toolkits for authentication methods and multi-party computation services. You agree that you will not disclose your Account credentials or private keys to, or allow your Account or Wallets to be used by, anyone other than yourself. You agree to notify us immediately of any unauthorized use of your Account or Wallets. You further understand and agree that you are responsible for all activities and transactions that occur from your Account and Wallets, and are solely responsible for the activities and transactions you undertake utilizing the Services. We reserve the right to suspend or terminate your Account if you provide inaccurate, untrue or incomplete information, engage in malicious or nefarious activities or if you fail to comply with the Account registration requirements or these Terms. Your access to and use of the Services may be suspended at any time, for any reason, in our sole and absolute discretion, without incurring liability of any kind to you as a result of such suspension or termination.

3.2. Private Keys and Security

You acknowledge and understand that, in certain circumstances, such as if you lose or forget your password for the Application or Wallets, you will need to use the private keys to access any Digital Assets stored in your Wallets within the Application (the "Private Keys"). The Private Keys are the only way to restore access to your Wallet, and therefore anyone who knows your Private Keys can access and use the Digital Assets available in your Wallets. You understand and agree that the Private Keys associated with your Wallets within the Application may not be compatible with other Wallet software, and therefore you may not be able to recover any Wallet that you generate within the Application using third-party Wallet provider software, including but not limited to, Dynamic Labs, Inc. The Private Keys are only compatible with Wallets generated in the Application. If you lose your Private Keys, you may not be able to access or use Digital Assets stored within your Wallet. You are solely responsible for the retention and security of your Private Keys, and acknowledge and agree that we do not store nor are we responsible in any way for the security of your Private Keys. You further agree to hold Payward, its affiliates, representatives, agents and personnel harmless and that no such party shall be liable to you in any way in the event you lose your Private Keys and cannot access or use your Digital Assets. Payward shall not be liable for any acts or omissions by you in connection with your use of the Services, including any security incident related to the Services. For the avoidance of doubt, you understand and agree that you bear sole and complete responsibility for any loss of your Digital Assets due to failure to retain or secure your Private Keys.

3.3. Representations and Warranties

By accessing the Services, you represent and warrant to each of the following:

• (A) Any Digital Assets you interact with via the Services have been legally obtained by, and belong to, you;
• (B) You will not provide any false, inaccurate or misleading information while using the Services, or engage in any activity that operates to defraud or would be viewed as reasonably having a material adverse effect on Payward, other users of the Services or any other person or entity;
• (C) You will not use the Services to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism, money laundering or tax evasion; and
• (D) You will pay all fees necessary for interacting with the blockchains supported by the Services, including all transaction fees or "gas", as well as all fees charged by us or any third party for your use of the Services, any blockchain network or any Dapp.

4. Prohibited Activities

4.1. Technical Restrictions

You shall not engage in any activities that negatively affect the technical performance of the Services, bypass or circumvent security features of the Services or otherwise disrupt or interfere with the functioning of the Services. You shall not violate or attempt to violate the security of the Services or otherwise misuse the foregoing, including by:

• (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access (including by using a virtual private network or "VPN" to access such data);
• (ii) disabling, removing, defeating or avoiding any security device or system;
• (iii) attempting to probe, scan or test the vulnerability of the Services or to breach security or authentication measures without proper authorization;
• (iv) attempting to interfere with the Services functionality, including but not limited to via means of submitting any malware or computer programming routines that may damage, disrupt or interfere with, intercept or expropriate any system or data, overloading, "flooding," "spamming," "mailbombing" or "crashing" the Services or any Dapps when using the Services;
• (v) forging any transmission control protocol/internet protocol packet header or any part of the header information in any email or posting;
• (vi) using the Services or Dapps in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage; or
• (vii) providing false, misleading or inaccurate information to the Services, such as information related to your location whether by use of a VPN or otherwise.

4.2. Additional Restrictions

You shall not, directly or indirectly:

• (i) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code of the Services, or the underlying ideas, file formats, algorithms or trade secrets therein;
• (ii) encumber, sublicense, transfer, rent, lease, time-share or use the Services in any service bureau arrangement or otherwise for the benefit of any third party;
• (iii) copy, distribute, manufacture, adapt, create derivative works of, translate, localize, port or otherwise modify any software code or documentation for the Services;
• (iv) knowingly introduce into the Services any malicious code, computer virus, spyware, scareware, Trojan horses, worms, malware or any other similar harmful, malicious or hidden programs or data;
• (v) use the Services to infringe upon, violate or misappropriate any third party's intellectual property rights, violating any law or regulation or being defamatory, trade libelous, threatening or harassing; or
• (vi) authorize or permit any third party to engage in any of the foregoing proscribed acts.

For the avoidance of doubt, the restrictions set forth in this Section are in addition to, and in no way limit, any other restrictions or obligations applicable to you set forth in the Terms.

4.3. Legal Compliance

You shall not use the Services to engage in illegal activity of any kind, including, without limitation, any activity that would violate, or assist in violation of, any law, statute, ordinance, regulation or sanctions programs administered under any applicable law, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control or which would involve proceeds of any unlawful activity.

5. Intellectual Property

5.1. License

The Services and all of its contents as a whole and in part are protected by copyrights, trademarks, service marks, trade names, international treaties and/or other proprietary rights and applicable laws, and are owned or controlled by Payward, its affiliates and licensors. You agree to protect the proprietary rights of us and all others having rights in the Services. Subject to the Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use the Services for your own personal or legitimate business purposes. You acquire absolutely no rights or licenses in or to the Services or materials contained within the Services other than the Private Keys, Digital Assets in your Wallets and the limited right for you to access and use the Services in accordance with the Terms. Except for the limited license granted in these Terms, Payward and its licensors retain all right, title, interest and all proprietary rights in and to the Services, including, without limitation, copyrights, patents, trademarks, service marks and trade names. Payward may change, suspend or discontinue any aspect of the Services at any time, without any liability or obligation to you. Payward, its licensors and service providers reserve all other rights afforded to them but not granted in these Terms.

5.2. Third-Party Licenses

Notwithstanding anything to the contrary in the Terms, the Services may contain software components released under separate open-source or business-source license terms, in which case those license terms will govern such software components.

5.3. Feedback

With respect to any feedback you provide to Payward (whether orally or in writing) concerning the Services, including any features or functionalities thereof, and including identifying potential errors and improvements ("Feedback"), you hereby grant to Payward an exclusive, worldwide, perpetual, fully paid-up, royalty free, fully-sublicensable (through multiple tiers of sublicensees) and freely assignable and transferable license to use any Feedback for any purpose without payment or restriction. It is further understood that Payward's use of Feedback, if any, may be used by Payward in its sole discretion, and that Payward shall in no way be obliged to make any payment to you for or make use of any kind of the Feedback or part thereof.

5.4. Use of Trademarks and Other Marks or Rights

You may not use any of our trademarks, trade names, service marks, copyrights or logos, or our partners', affiliated entities', licensors', or their licensors' trademarks, trade names, service marks, copyrights or logos, including but not limited to the Payward name, in any manner that creates the impression that such items:

• (i) belong to or are associated with you or indicate the sponsorship or approval of us, our licensors, any partners, affiliates or their licensors; or
• (ii) except as otherwise provided herein, are used with our licensors', partners', affiliates', or their licensors' consent, and you acknowledge that you have no ownership rights in or to any such items.

6. Term; Termination

6.1. Term

The Terms are effective beginning when you accept the Terms or first access or use the Services and ending when terminated as set forth in Section 6.2.

6.2. Termination

Your right to use and access the Services will automatically terminate in the event you fail to comply with any of the terms and conditions of the Terms. Termination will be effective without notice.

6.3. Effect of Termination

Upon termination of the Terms, your license rights will immediately terminate and you must immediately cease all use of the Services. Sections 4-11 of the Terms shall survive any such termination.

7. Risks

7.1. Compliance Risks

You acknowledge and understand that the Services and certain Digital Assets, Dapps and/or blockchain networks may not be available or appropriate for use in all jurisdictions and you may be subject to legal and regulatory compliance obligations in connection with your use of the Services in certain jurisdictions. By accessing or using the Services, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. You further agree that we have no obligation to inform you of any potential liabilities or violations of law or regulation that may arise in connection with your access and use of the Services, Digital Assets, Dapps or blockchain networks and that we are not liable in any respect for any failure by you to comply with any applicable laws or regulations.

7.2. Technology Risks

You acknowledge that the Services incorporate experimental and novel technology and that the use of such technology involves a high degree of risk. For example, there are numerous reasons the Services or a Dapp or blockchain network that you use in connection with the Services could fail in an unexpected way, resulting in the total and absolute loss of your Digital Assets. You hereby agree that you assume all risks in connection with your use of the Services and expressly waive and release Payward from any and all liability, claims, causes of action or damages arising out of or in any way relating to you obtaining or using Services.

7.3. Digital Asset Risks

You understand that anyone can create a Digital Asset, including fake or parody versions of existing Digital Assets and Digital Assets that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly buy, sell, trade or otherwise hold or transact in such Digital Assets. Any reference to a Digital Asset via the Services does not indicate our approval or disapproval of the project or technology on which the Digital Asset relates, and should not be used as a substitute for your understanding of the risks specific to each Digital Asset.

7.4. Operational Risks

You understand and accept the risk of operational challenges related to the Services. The Services, Dapps and/or blockchain networks may experience cyber-attacks, unexpected surges in transaction volume, botting or activity or other operational or technical difficulties or vulnerabilities that may cause interruptions related to your use of the Services. You agree to accept the risk of a failure of the Services resulting from unanticipated or heightened technical difficulties or vulnerabilities, including those resulting from cyber-attacks. You agree to not hold Payward liable for any related losses.

7.5. Asset Responsibility

You agree that Payward is not responsible for any Digital Asset that you receive, transfer, hold, lose or otherwise use or misuse in connection with the Services.

7.6. Tax Responsibility

You understand and agree that you are solely responsible for determining the tax consequences of any transaction you conduct using the Services (including, without limitation, purchases, sales, swaps, staking, yield farming, or other decentralized finance activities); reporting and remitting any and all taxes that may be due in connection with such transactions; and maintaining adequate records of all your transactions for tax reporting purposes. You acknowledge and agree that Payward shall have no liability or obligation with respect to your taxes or any tax authority's assessment, audit, or challenge related to transactions conducted through the Services.

7.7. Memecoin Risks

You understand and accept the risks associated with the category of Digital Assets that are colloquially referred to as "memecoins." Memecoins are a category of crypto assets that generally gain popularity based on certain internet trends, memes or other social media attention rather than underlying fundamentals or utility associated with the particular Digital Asset. Buying, selling or otherwise trading or transferring memecoins carries significant risks, including but not limited to: (i) high volatility due to the influence of market sentiment or certain key opinion leaders or other types of social media influencers; (ii) a lack of a clear use case or intrinsic value: (iii) little to no liquidity; and (iv) market manipulation, fraud, rug pulls and other manipulative devices. You agree not to hold Payward liable for any related losses as a result of the risks associated with memecoins.

7.8. Transaction Processing

You understand that all transactions conducted through the Services and any Dapps accessible via the Services are automatically processed onchain. By engaging in transactions using the Services, you acknowledge and consent to the automatic processing of all transactions in connection with the Services. You acknowledge and agree that onchain smart contracts may programmatically facilitate the transfer of Digital Assets in connection with your transactions. You further acknowledge and agree that Payward does not take possession, custody or control over your Digital Assets at any time.

7.9. Blockchain Network Risks

You understand that the blockchain networks remain under development, which creates technological and security risks when using the Services in addition to uncertainty relating to Digital Assets and transactions. You acknowledge that the cost of transacting on blockchains is variable and may increase at any time, thereby impacting any activities taking place on such blockchains, which may result in significant price fluctuations or increased prices when using the Services.

7.10. Emerging Technology Risk

THE SERVICES RELY ON EMERGING TECHNOLOGIES, SUCH AS BLOCKCHAIN NETWORKS AND DAPPS. SOME FUNCTIONALITY IS SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE, SUCH AS MISUSES RELATED TO PUBLIC/PRIVATE KEY CRYPTOGRAPHY. BY USING THE SERVICES YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS. PAYWARD SHALL NOT BE LIABLE FOR THE FAILURE OF ANY MESSAGE TO SEND TO OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM, OR FOR DIMINUTION OF VALUE OF ANY DIGITAL ASSET ON THE SOLANA OR ETHEREUM NETWORKS OR ANY OTHER BLOCKCHAIN NETWORK, AND PAYWARD MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SAME.

8. Disclaimer of Warranties; Limitation of Liability; Indemnification

8.1. Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE ISSUED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND PAYWARD DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO SUCH "AS-IS" AND "AS AVAILABLE" BASIS OR OTHERWISE IN CONNECTION WITH THE TERMS (EXCEPT AS EXPRESSLY PROVIDED HEREIN) AND PAYWARD HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES AND CONDITIONS, INCLUDING ANY WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. TO THE EXTENT THAT PAYWARD MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR CONDITION, THE SCOPE AND DURATION OF SUCH WARRANTY OR CONDITION SHALL BE APPLIED TO THE MINIMUM EXTENT PERMITTED UNDER SUCH APPLICABLE LAW.

8.2. Limitation of Liability

IN NO EVENT SHALL PAYWARD BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES OF ANY TYPE OR NATURE HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THE SERVICES, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED TO OR COULD HAVE BEEN REASONABLY FORESEEN BY YOU, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (WHETHER IN CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

8.3. Limitation on Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOU UNDERSTAND AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

8.4. Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless Payward and our partners and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors and assigns against any claim, suit, action or other proceeding from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys' and experts' fees, arising out of or in connection with the Services, or any Dapps accessible via the Services, including but not limited to:

• (i) any breach or violation of the Terms by you;
• (ii) material, information or content submitted or provided by you;
• (iii) your use of the Services; or
• (iv) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Services by you.

You agree to pay any and all costs, damages and expenses, including but not limited to reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defense.

9. Third-Party Services

9.1. Third-Party Access

By using the Services, you may view and have access to the content, products or services of one or more third parties, such as Dapps ("Third-Party Services"), via linked or plugged in technologies to the Services. Your reliance on, access or use of any Third-Party Services in connection with using the Services will also be governed by the terms and conditions and policies of the applicable third-party service provider. You understand and agree that any such third-party terms and conditions and policies may involve fees or other charges and include disclaimers or particular risk warnings about the reliance on or the accuracy of any information or with using such third-party services. It is your responsibility to understand the terms and conditions and policies of any such third-party service provider, including how those service providers use any of your information under their privacy policies. Any such terms and conditions and policies may provide for less security than Payward. You understand and agree that any Third-Party Services are provided for your convenience only. We do not verify or control any Third-Party Services, nor do we guarantee, endorse or recommend such services. We are therefore not responsible for the availability, content, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, safety or accuracy of any Third-Party Services, or any intellectual property rights therein, that may be linked to or from the Services. Your reliance on, access and use of any Third-Party Services is at your own risk, and we disclaim all responsibility and liability for any losses that result from them. For the avoidance of doubt, this paragraph shall be interpreted broadly and covers websites, Dapps and other crypto-native technologies accessible via the Services or any links made available through the Services. Any statements, opinions or other information made available by third parties, including users, are solely those of the respective author(s) or distributor(s). We reserve the right to change, suspend, remove, disable or impose access restrictions or limits on any Third-Party Service at any time and without prior notice to you.

9.2. Disclaimer for Third-Party Materials

WE DISCLAIM ANY AND ALL LIABILITY, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, FOR WEBSITES, SERVICES, GOODS, INFORMATION, ADVERTISEMENTS OR OTHER THIRD PARTY MATERIALS THAT MAY BE LINKED TO OR FROM, OR PROVIDED THROUGH, THE SERVICES. YOU ACKNOWLEDGE THAT NO REPRESENTATION HAS BEEN MADE BY US AS TO THE FITNESS OF THE WEBSITES, SERVICES, GOODS, ADVERTISEMENTS OR OTHER THIRD PARTY MATERIALS THAT MAY BE LINKED TO OR FROM, OR PROVIDED THROUGH, THE SERVICES. YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR SOLE RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF USE OR THE PRIVACY POLICY OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).

10. General Provisions

10.1. Electronic Communications

By accessing or using the Services, you consent to receive electronic communications.

10.2. Notices

Payward may provide you with notice and other communications via electronic communications as permitted by Section 11.1. You may provide us with notice by sending an email address to [email protected]. All notices will be deemed effective upon dispatch.

10.3. Waivers

For a waiver to be deemed effective, a waiver must be in a writing signed by the waiving party. The failure of either party to enforce any provision of the Terms will not constitute a waiver of that party's rights to subsequently enforce the provision.

10.4. Cumulative Rights; Injunctions

The rights and remedies of the parties under the Terms are cumulative, and each party may exercise any of its rights and enforce any of its remedies under the Terms, along with all other rights and remedies available to it at law, in equity or otherwise. Any material breach by a party of the Terms could cause the non-breaching party irreparable harm for which the non-breaching party has no adequate remedies at law. Accordingly, the non-breaching party is entitled to seek specific performance or injunctive relief for any such breach.

10.5. Severability

If any provision of the Terms is declared to be invalid, illegal or unenforceable by a court of competent jurisdiction, then the validity, legality and enforceability of the remaining provisions contained herein shall not be affected thereby and the remainder of the provisions of the Terms shall remain valid, legal and enforceable to the fullest extent permitted by law.

10.6. Entire Agreement

The Terms constitute the entire agreement and understanding between you and Payward, and supersedes all previous communications, representations or agreements, whether written or oral, with respect to the subject matter hereof.

10.7. No Third-Party Beneficiaries

The Terms are not intended and shall not be construed to create any rights or remedies in any parties other than you and Payward and other Payward affiliates, which each shall be a third-party beneficiary of the Terms, and no other person shall assert any rights as a third-party beneficiary hereunder.

11. Arbitration

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

You and Payward agree to arbitrate any dispute arising from these Terms or Your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Payward agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Payward shall be sent to [email protected]. You and Payward further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in San Francisco, California; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (d) that the state or federal courts in San Francisco, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, You and Payward will not commence against the other a class action, class arbitration or representative action or proceeding.