User Agreement

BLOK CAPITAL DAO PROVIDES BLOCKCHAIN-ORIENTED TOOLS ENABLING CERTAIN ON-CHAIN FUNCTIONALITIES. USING THESE FUNCTIONALITIES (INCLUDING VIA THE INTERFACE, THE WEBSITE OR MOBILE PHONE APP) POSES SIGNIFICANT RISKS TO YOU AND YOUR DIGITAL ASSETS. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING THESE RISKS AND YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU AND YOUR RIGHTS. PLEASE READ IT CAREFULLY.

IT SHOULD BE NOTED THAT YOU DO NOT HAVE AN ACCOUNT WITH BLOK CAPITAL DAO AND THAT YOUR ACCOUNT IS DIRECTLY ON THE BLOCKCHAIN. AT NO POINT DOES BLOK CAPITAL DAO HAVE CONTROL OR CUSTODY OF YOUR FUNDS OR CRYPTO ASSETS. WHAT BLOK CAPITAL DAO PROVIDES ARE TOOLS TO MAKE BLOCKCHAIN TRANSACTIONS SIMPLE.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY USING THE WEBSITE, THE INTERFACE, OR ANY OF OUR SERVICES, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF USE.

YOU MAY NOT USE OUR WEBSITE, INTERFACE, OR SERVICES IF YOU: (A) DO NOT AGREE TO THESE TERMS; (B) ARE NOT THE OLDER OF: (i) AT LEAST EIGHTEEN (18) YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE OR SERVICES OR ANY ASSOCIATED FUNCTIONALITIES BY APPLICABLE LAW.

YOU REPRESENT TO US THAT YOU ARE: (1) NOT SUBJECT TO SANCTIONS OR LISTED AS A PROHIBITED OR RESTRICTED PARTY BY AUTHORITIES SUCH AS THE UNITED NATIONS SECURITY COUNCIL, THE UNITED STATES (E.G., THE U.S. DEPARTMENT OF THE TREASURY’S SPECIALLY DESIGNATED NATIONALS LIST OR FOREIGN SANCTIONS EVADERS LIST, OR THE U.S. DEPARTMENT OF COMMERCE’S ENTITY LIST), THE EUROPEAN UNION OR ITS MEMBER STATES, THE UNITED KINGDOM, OR ANY OTHER RELEVANT GOVERNMENT BODY; AND (2) NOT RESIDING IN OR OPERATING FROM A COUNTRY UNDER A COMPREHENSIVE SANCTIONS PROGRAM ENFORCED BY THE UNITED STATES.

1. Acceptance of the Terms of Use

These Terms of Use are entered into by and between you (“you” or the “User”) and BLOK Capital DAO LLC and its affiliates (collectively, the “DAO,” “we,” “our,” or “us”). The following Terms of Use, together with any documents they expressly incorporate by reference (collectively, this “Agreement” or these “Terms of Use”), govern Users’ access to and use of our Services (as defined below), which include any protocol software application that we may have a role in providing, whether through our website, blokcapital.io (the “Website”), the website of a third party, through our wallet software application (the “Interface”) or through our deployed BLOKC protocol (the “Protocol”).

The User must carefully review these Terms of Use before accessing or using the Website, Interface or Protocol. By accessing or using any part of the Website, Interface or Protocol the User acknowledges that they have read, understood, and agree to be bound by these Terms of Use, along with our Privacy Policy, which is incorporated by reference. If the User does not agree to these Terms of Use, the Privacy Policy, or any related documents referenced herein, they must refrain from accessing or using the Website, Interface or Protocol.

2. Services; The Interface; Blockchain Fees

We provide a Protocol that makes it possible for users to:

(i) create an account on the Blockchain;

(ii) link to and interact with certain third-party, on-chain decentralized applications and protocols, including without limitation, decentralized exchanges and other on-chain applications or protocols (Collectively, “Dapp(s)”);

(iii) transact with tokens, cryptocurrencies and other blockchain-based (“on-chain”) digital assets (collectively, “Digital Assets”);

(vi) to group sets of Digital Assets into portfolios which we refer to as a “Gardens”;

(v) view addresses and information that are part of on-chain networks and broadcast transaction;

(vi) certain additional functionalities as may be added to the Interface from time to time (collectively, the “Services”).

The Protocol is non-custodial, meaning we do not have access to any of the private keys that permit you to access and control the Digital Assets you hold on your account on the Blockchain. We are not, under any circumstances, able to take custody of your Digital Assets or otherwise control your Digital Assets.

The DAO utilizes blockchain technology and therefore is intended to access on-chain software protocols that are provided and operate in a decentralized manner, meaning that The DAO has no ability to control, modify, prevent, stop, amend, or adjust interactions or transactions after they are submitted to each of the relevant blockchain network’s nodes or validators, whether or not through the Interface, and that the Interface is not the only method that individuals or parties may interact with, contribute to, access, or otherwise affect the underlying blockchain networks. Consequently, you are expected to be familiar with blockchain technology and the risks it represents (including without limitation the possibility of your Digital Assets being forfeited for any reason) before accessing it (whether or not via the Interface, website or app).

BY USING THE SERVICES AND ANY THIRD-PARTY SERVICES (AS DEFINED BELOW), YOU ACCEPT AND ASSUME ALL RISKS ASSOCIATED WITH POTENTIAL BUGS, ERRORS, VULNERABILITIES, OR EXPLOITS, WHETHER KNOWN OR UNFORESEEN. YOU UNDERSTAND AND AGREE THAT INTERACTING WITH OR USING THE PROTOCOL IS ENTIRELY AT YOUR OWN RISK. BLOK CAPITAL DAO DISCLAIMS ALL LIABILITY OR RESPONSIBILITY AND PROVIDES NO GUARANTEES OR WARRANTIES REGARDING THE SERVICES.

3. Prohibited Uses

The User may access or use the Website, the Interface, the Protocol and the Services only for lawful purposes and in accordance with these Terms of Use. The User represents and warrants that the User agrees not to use or access the Website, the Interface, the Protocol or the Services:

In a manner that contravenes any federal, state, local, or international laws or regulations, including but not limited to those addressing anti-money laundering, anti-terrorism financing, anti-proliferation, or the export of data or software to and from restricted countries under applicable laws.

In any way, whether directly or indirectly, intended to cause, result in, or potentially lead to the unlawful stabilization or manipulation of the price of any Digital Assets on blockchain networks or other platforms. This includes, but is not limited to, fungible Digital Assets or non-fungible tokens.

To exploit, harm, or attempt to harm minors in any manner, including by exposing them to inappropriate material, requesting personal information, or through other means.

To distribute or facilitate the distribution of any advertising or promotional content, including but not limited to "junk mail," "chain letters," "spam," or other comparable solicitations. To impersonate or make an attempt to impersonate the DAO, its affiliates, other users, or any individual or entity (for instance, by utilizing email addresses, screen names, similarly spelled or misleading URLs, or related blockchain identities).

To partake in any behavior that interferes with or diminishes others' ability to use or enjoy the Website or Services, or that, in our judgment, could potentially harm the DAO or its Users, or subject them to liability.

If the User is a citizen of or otherwise accessing the Website, the Interface, the Protocol, or the Services from the nations of Cuba, Iran, North Korea, Syria, certain sanctioned areas of Ukraine (including without limitation, the regions of Crimea, Donetsk, and Luhansk), or other countries or geographic regions sanctioned by the United States Department of the Treasury (collectively, “Prohibited Jurisdictions”), or if the User is otherwise listed as a Specially Designated National by the United States Department of the Treasury’s Office of Foreign Asset Control (“OFAC”).

If doing so is illegal or impermissible according to any Applicable Laws, including without limitation those promulgated by the United Nations Security Council, the United Kingdom, the United States (including those prohibiting dealings with sanctioned persons identified by the OFAC as Specially Designated Nationals and Blocked Persons (“SDN”), or other U.S. non-SDN restricted or prohibited parties lists, and those prohibiting dealings with persons organized, resident, or located in comprehensively sanctioned jurisdictions), and/or any other applicable national, provincial, federal, state, municipal or local laws and regulations (each as amended from time to time).

To cause the Website, the Interface, the Protocol and the Services, any of their underlying blockchain networks or technologies, or any other functionality with which they interact to work other than as intended.

To damage the reputation of the DAO or impair any of the DAO’s legal rights or interests.

Additionally, the User agrees not to:

Engage in actions that are intended or likely to mislead, deceive, or defraud any individual, including (but not limited to) presenting false, incorrect, or misleading information. This includes doing so directly through the Website, the Interface, or the Services, or by external means that impact the Website, the Interface, or the Services. Such actions might involve the unlawful acquisition of another's property or the deliberate or reckless provision of false information, particularly in ways that result in inaccuracies within the content of the Website, the Interface, or the Services.

Do not use the Website, Interface, Protocol, or Services to engage in activities that manipulate or deceive any exchange, oracle system, blockchain network, or its users.

Refrain from promoting illegal activities, or supporting, encouraging, or aiding in unlawful acts. Avoid actions that cause unnecessary disturbance, discomfort, or distress, or that may lead to upsetting, embarrassing, alarming, or irritating others.

Impersonate others, falsely represent the User’s identity, or misstate any connection with individuals or organizations.

Participate in any actions or behaviors that breach relevant laws or otherwise harm the functionality, security, or reputation of the Website, Interface, or Services, or any other platform or software that depends on the Interface or Services.

Create the false impression that communications, actions, or content are affiliated with or endorsed by us or any other individual or entity, when this is not true, in relation to the Website, Interface, Protocol, or Services.

Refrain from using the Website, Protocol or the Interface in a way that may disrupt, overload, harm, or hinder the functionality of the Website, Protocol or Interface, including preventing others from engaging in real-time activities or accessing the Services.

Do not use any manual methods to monitor or replicate any content from the Website, Protocol, or Interface, or engage in any activity not explicitly authorized in these Terms of Use, without obtaining our prior written consent.

Refrain from using any device, software, or routine that disrupts or negatively impacts the functionality of the Website, Interface, Protocol, or Services.

Do not introduce harmful or malicious software such as viruses, Trojan horses, worms, logic bombs, or any other technologically damaging material that could affect the Website, Interface, Protocol, Services, Users, underlying blockchain, or related features.

Do not attempt to access, damage, or disrupt any part of the Website, Interface, or any associated server, computer, or database, including any underlying blockchain, without authorization.

Avoid infringing upon the legal rights of others, including privacy and publicity rights, or including content that could lead to civil or criminal liability under relevant laws and regulations, or conflict with these Terms of Use and our Privacy Policy.

Do not launch attacks such as denial-of-service or distributed denial-of-service attacks on the Website, Interface, Protocol, Services, or any related blockchain networks and technologies.

Do not encourage or solicit others to participate in activities that violate these Terms.

Do not interfere in any way with the proper operation of the Website, Protocol, Interface, or Services.

4. Monitoring, Enforcement and Termination

We reserve the right to:

Pursue suitable legal measures, including but not limited to reporting to law enforcement authorities, in response to any unlawful or unauthorized use of the Website, the Interface, or the Services. Restrict, revoke, or halt your access to some or all parts of the Website, Protocol, the Interface, or the Services at our discretion, including, but not limited to, instances of non-compliance with these Terms of Use.

We reserve the right, without limitation, to fully cooperate with law enforcement authorities or comply with any court order that requests or requires us to disclose the identity or other information of individuals posting content on or via the Website, the Interface, or the Services.

YOU WAIVE, HOLD HARMLESS, RELEASE AND ABSOLVE THE DAO, ALONG WITH ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, FROM ANY LIABILITY OR CLAIMS ARISING FROM ACTIONS UNDERTAKEN BY THE DAO OR ANY OF THESE ENTITIES DURING INVESTIGATIONS OR AS A RESULT OF SUCH INVESTIGATIONS CONDUCTED BY THEM OR BY LAW ENFORCEMENT AGENCIES.

We are unable to preemptively monitor or evaluate interactions and activities prior to their execution through the Interface. Due to the inherent characteristics of blockchain technology and the functionalities enabled by the Services, we cannot guarantee the swift removal or correction of objectionable interactions or activities once they have been completed. Consequently, the User acknowledges that we bear no responsibility for any actions or omissions related to transmissions, communications, transactions, blockchain operations, or content provided by Users or third parties, including those that may result in errors or malfunctions on the Website or within the Services. We disclaim any responsibility for the performance or lack thereof of the activities mentioned in this Section by any third party, as well as for any damages or issues caused by others' use of or interactions with blockchain technology associated with the Services or reliance on the content or information displayed on the Website.

5. Changes to the Terms of Use

We reserve the right to modify or update these Terms of Use at our sole discretion and at any time. Any changes will take effect immediately upon being posted and will apply to all subsequent access and use of the Website. However, updates to the dispute resolution terms outlined in the "Governing Law & Jurisdiction" section will not affect disputes where the parties were already aware of the issue before the changes were published on the Website or Interface.

The User’s continued use of the Website, the Interface, Protocol or the Services following the posting of revised Terms of Use means that the User accepts and agrees to the changes. The User is expected to check this page each time it accesses this Website, the Interface, or the Services so it is aware of any changes, as they are binding on the User.

6. Accessing the Website or the Interface & User Security

We retain the authority to modify or discontinue the Website, the Interface, or any related Services or materials provided on these platforms at our sole discretion and without prior notice. We disclaim liability for any unavailability of the Website, the Interface, the underlying public blockchains associated with the Services, or any of the Services, whether in whole or in part, at any time or for any duration. Additionally, we may occasionally limit access to certain portions or the entirety of the Website or the Interface for Users.

7. User responsibilities

The responsibility of the User includes:

All individuals accessing the Website, the Interface, Protocol or the Services through the User’s internet connection must be informed of these Terms of Use and adhere to them.

We reserve the authority to restrict or terminate a User’s access, including access linked to a Web3 Utility (such as one identified by a public address), to the Website, the Interface, or the Services. Additionally, we may block any IP address from accessing these platforms at our sole discretion, at any time, and for any reason—or no reason at all—if we believe that the User or associated identity has breached any terms outlined in these Terms of Use.

8. Intellectual Property Rights

Except for any open-source software or other materials included in the Website, the Interface, or the Services, all components of the Website and the Interface—including their full contents, features, and functionalities (such as information, software, text, graphics, images, videos, audio, and the design, organization, and arrangement of these elements)—are the exclusive property of the DAO, its licensors, or other contributors of such materials. These are safeguarded under U.S., EU, and international laws governing copyrights, trademarks, patents, trade secrets, and other intellectual property or proprietary rights. Users are prohibited from reproducing, distributing, modifying, creating derivative works, publicly displaying or performing, republishing, downloading, storing, or transmitting any material from the Website or the Interface, except under the following conditions:

The User’s device may temporarily save copies of such content in RAM as a necessary part of accessing and viewing the materials.

Files automatically cached by the User's web browser to improve display functionality may be retained by the User.

The User is permitted to print or download a limited number of pages from the Website or Interface solely for personal, non-commercial purposes, provided the content is not reproduced, published, or distributed further.

If we offer desktop, mobile, or other applications for download, the User is permitted to download one copy to their computer or mobile device, provided they agree to comply with any relevant end user license agreement or similar terms associated with the application.

For any open-source content made available on the Website, Interface, or through the Services, the User may engage in activities only as permitted by the applicable open-source license governing such content.

The User must not:

Modify copies of any materials from the Website or the Interface.

Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website or the Interface.

If the User engages in printing, copying, modifying, downloading, or granting access to any part of the Website or Interface in violation of these Terms of Use, the User’s access to the Website and Interface will be immediately revoked. Additionally, the User may be required to return or destroy any copies of materials they have made, at our discretion. The User does not acquire any ownership, rights, or interests in the Website, Interface, or any associated content, and all rights not explicitly granted are retained by the DAO.

Despite any provisions to the contrary in these Terms of Use, the User is permitted to use open-source materials in accordance with the terms of their respective licenses, as long as the usage remains within the specified limits and complies with applicable licensing requirements.

Any use of the Website not specifically authorized in these Terms of Use constitutes a violation and may infringe upon copyrights, trademarks, and other legal protections.

9. Trademarks

The BLOK Capital name and all related names, logos, product and service names, designs, and slogans are trademarks of the DAO or its affiliates or licensors. You must not use such marks without the prior written permission of the DAO;

However, users are hereby granted a limited, revocable, and non-transferable license to use certain related names, logos, product and service names, designs, and slogans of BLOK Capital (excluding the term “BLOK Capital” itself and the logo), provided such use complies with the following conditions:

1. The usage must not be deceitful, fraudulent, or manipulative.
2. The usage must not imply any relationship between the user and the DAO beyond what is reasonably typical of a website and its users.
3. The usage must not cause confusion or be used to improperly gain access to digital assets or personal information from others, beyond what is intended by the Services, Wallet, Protocol and Interface, or related functionalities. For example, users may not use these marks to conduct phishing attacks, spearphishing, social engineering, or any activity designed to mislead parties into transmitting digital assets to unintended recipients or revealing private information, such as private keys or passwords.

All other names, logos, product and service names, designs, and slogans displayed on the Website or the Interface are the trademarks of their respective owners, where applicable.

10. Reliance on Published Details

The content provided on the Website and through the Interface is intended solely for general informational and educational purposes. We make no guarantees regarding the accuracy, completeness, or utility of this information. Nothing shared on the Website, the Interface, or via the Services should be interpreted as an intent to establish a contractual agreement or as an offer by the DAO to purchase, sell, or trade Digital Assets. Users are fully responsible for any reliance placed on such information, and as is common within the blockchain ecosystem, they assume significant risks, including potential technical or third-party issues, when engaging with the Website, Interface, Protocol, or Services. We expressly disclaim all responsibility and liability for any reliance on these materials by Users or others, as well as for any consequences stemming from interactions with the Protocol or associated blockchain systems.

The Website, Interface, Protocol, and Services may contain content from third parties, such as materials shared by other Users, bloggers, third-party licensors, syndicators, blockchain participants, decentralized applications, aggregators, or reporting services. Any statements, purported facts, opinions, articles, responses to inquiries, or other content—excluding content directly provided by the DAO—are solely the views and responsibility of the individual or entity supplying them. These materials may not represent the views of the DAO or reflect factual reality. The DAO is not responsible or liable to Users or any third party for the accuracy or content of materials from third parties. Users acknowledge and accept full responsibility for evaluating and choosing any third-party functionality they interact with through the Services.

11. Changes to the Website, the Interface, Protocol and the Services

The content, design, or features of the Website, Interface, Protocol, or Services may be modified periodically. However, these elements are not guaranteed to be fully comprehensive or current. Material available on the Website, Interface, Protocol, or through the Services might become outdated, and we are not obligated to update or revise such material.

DAO Governance may make changes to the Protocol’s smart contracts from time to time through its decentralized, public, on-chain governance procedures. In the event that Governance approves changes to the Protocol and such changes are implemented through Governance, you will have the option to either: (i) use the upgraded version of the Protocol as determined by Governance; or (ii) opt out of the upgraded version of the Protocol and transfer any Digital Assets to another Protocol or service provider; (iii) exchange any Digital Assets for Fiat currency and transfer back to your bank account. Old versions of the Protocol following any upgrades will be deprecated and will not be maintained.

12. Information Regarding the User and Their Interactions with the Website and Its Interface

All information we collect on the Website or through the Interface, Protocol or the Services is subject to our Privacy Policy. By using the Website, the Interface, and the Services, the User consents to all actions taken by us with respect to the User’s information in compliance with the Privacy Policy.

13. Warranty Disclaimer

The DAO is a builder of software and does not unilaterally offer, operate, or administer any blockchain networks, Digital Assets, or Dapps. The Services merely attempt to assist Users in more easily participating in blockchain networks generally. Nonetheless, the DAO has no oversight on or control over any particular Digital Asset, Dapp, or blockchain network.

The User bears full responsibility for their use of the Services, including the functionalities provided, any transactions conducted through the Website, Protocol, or Interface, and the application of information obtained through these means. It is solely the User's duty to ensure compliance with all Applicable Laws concerning their transactions and activities that involve or relate to the Services we provide. The User also confirms their understanding that the DAO is neither registered nor licensed with any financial or banking authority, nor have our Website, Interface, Protocol, Services, or associated software been subject to regulatory review.

The DAO may provide links to or facilitate access to "Third-Party Services" on its Website or through its Services. These may include, but are not limited to, Dapps, Passkeys, private keys generated by Turnkey, and authentication tools like “Sign In with Apple” or “Google Sign-In.” Any interaction with these Third-Party Services—such as purchasing, enabling, or utilizing them, along with associated activities like implementation, customization, or data exchanges—is solely between you and the respective Third-Party Service provider. These interactions are governed by the terms and conditions set by the provider.

The DAO makes no guarantees, endorsements, or assurances regarding Third-Party Services and is not accountable for any issues or losses stemming from their use. If you choose to integrate or use Third-Party Services with the DAO’s Services, you acknowledge that the DAO may permit these providers to access your data as necessary for the functionality of their services in conjunction with the DAO’s platform. By utilizing a Third-Party Service, you affirm that you have independently agreed to their access and use of your data, which is beyond the DAO’s control. The DAO disclaims responsibility for any consequences, including the alteration, exposure, or deletion of data, arising from such access by Third-Party Service providers.

The User acknowledges that we cannot and do not ensure or warrant that files available for download through the Website, Interface, Protocol, or Services will be free from viruses or other harmful elements. The User is solely responsible for implementing adequate procedures and safeguards to meet their specific needs, including but not limited to: (1) ensuring access to a suitable Web3 Utility; (2) protecting against viruses and ensuring the accuracy of data input and output; (3) managing their involvement in and use of the Wallet and any underlying blockchain technologies related to the Services; and (4) maintaining external backup methods to recover any lost data.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM LIABILITY FOR ANY LOSS OR DAMAGE RESULTING FROM DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, MAN-IN-THE-MIDDLE ATTACKS, VIRUSES, OR OTHER HARMFUL TECHNOLOGICAL ELEMENTS THAT MAY COMPROMISE THE USER'S COMPUTER EQUIPMENT, SOFTWARE, DATA, OR PROPRIETARY MATERIALS. THIS INCLUDES ISSUES ARISING FROM THE USER'S INTERACTION WITH THE WEBSITE, THE INTERFACE, SERVICES, OR ITEMS ACCESSED THROUGH THE WEBSITE OR INTERFACE, AS WELL AS FROM DOWNLOADING CONTENT AVAILABLE ON THE WEBSITE OR ANY LINKED WEBSITES.

The user’s use of the website and the interface, their content, protocol and any of the services is at the user’s sole risk. the website, the interface, protocol and the services are provided on an “as is’’ and “as available” basis. to the fullest extent legally

Neither we nor anyone associated with BLOK Capital DAO provide, and we expressly disclaim, any representations or warranties of any kind concerning the website, interface, protocol, or services. This includes, but is not limited to, implied, express, or statutory warranties of merchantability, fitness for a particular purpose, or non-infringement. Furthermore, BLOK Capital DAO and those connected with BLOK Capital DAO do not guarantee or make any assurances about the completeness, security, reliability, quality, accuracy, or availability of the website, interface, protocol, or services.

Specifically, BLOK Capital DAO and its associates do not guarantee that:

1. Access to the website, interface, protocol, or services will be consistent, uninterrupted, timely, free of delays, errors, or defects, secure, or free from malfunctions.
2. Information provided through the website or services will be accurate, complete, reliable, concise, up-to-date, or pertinent.
3. The website, interface, services, or any underlying software will be free from errors, defects, malicious code, or other harmful components, nor that any such issues will be corrected.
4. The website, interface, or services will meet users’ specific expectations or requirements.

Any information we provide, whether in documentation or private communications, should not be interpreted as a warranty regarding the website, interface, or services. Additionally, we do not endorse, validate, or accept responsibility for any third-party content, advertisements, offers, statements, or actions in connection with the website or service.

The above does not affect any warranties that cannot be excluded or limited under applicable law.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BLOK CAPITAL DAO, ITS AFFILIATES, NOR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS SHALL BE HELD LIABLE FOR ANY DAMAGES OF ANY NATURE.

This includes but is not limited to damages arising under any legal theory connected to the user’s use of, or inability to use, the website, interface, Protocol, services, linked websites, or any content contained therein. Such damages include, without limitation, direct, indirect, special, incidental, consequential, or punitive damages. Examples include personal injury, emotional distress, pain and suffering, loss of revenue, profits, business opportunities, anticipated savings, data, goodwill, or use. These exclusions apply whether the damages are caused by tort (including negligence), breach of contract, or any other cause, even if such outcomes were foreseeable.

This limitation of liability also extends to any harm caused by third parties (such as fraud, deceit, or manipulation), failures, vulnerabilities, or exploits related to the website, services, APIs, user’s Web3 utilities, underlying blockchains, or related blockchain functionalities.

To the fullest extent allowable under the law, the total liability of BLOK Capital DAO, its affiliates, subsidiaries, and their respective employees, agents, officers, directors, service providers, and licensors, regardless of the form of action (whether contractual, tortious, or otherwise), shall not exceed the greater of $100 or the total amount directly paid by the user to the DAO for relevant service, fees or content within the preceding six months. This does not include deposits of digital assets made into a non-custodial wallet.

NOTHING IN THIS PROVISION SHALL LIMIT OR EXCLUDE LIABILITY WHERE SUCH LIMITATIONS ARE PROHIBITED UNDER APPLICABLE LAW.

15. Nature of Blockchain; Assumption of Risk; Waiver of Claims

Blockchains, digital assets, wallets, smart accounts, decentralized applications (DApps), Web3 tools, and their associated technologies are still evolving, and they come with significant risks, both foreseeable and unforeseen, spanning security, finance, technology, politics, social issues, and personal safety. Engaging with blockchains demands advanced expertise and knowledge to ensure a reasonable level of safety and effectiveness. Digital assets are prone to high volatility, influenced by factors such as usage, adoption, speculation, market manipulation, technological advances, security vulnerabilities, and shifts in legal and regulatory landscapes. Additionally, the speed and cost of blockchain transactions, including those associated with wallets, can fluctuate greatly. Furthermore, many blockchains are transparent, meaning that any user interactions with them may be publicly accessible and viewable in a readable format.

By using or accessing the Website, Interface, Protocol, or Services, the User acknowledges and agrees to the associated risks. The User affirms that they understand these and other risks related to blockchains, Wallets, and related technologies, including but not limited to the technical terminology included in this Agreement. Additionally, the User confirms they possess sufficient knowledge to engage with these technologies and are aware of both predictable and unpredictable risks associated with blockchains, Digital Assets, Web3 Utilities, smart contracts, the Interface, the Wallet, and the Services.

The User further accepts the risk that any information provided through the Website, Interface, Protocol, or Services may be inaccurate, potentially due to malicious activities by others, which could result in significant harm or loss to the User. The User acknowledges that we are not liable for these or related risks, do not own or control any blockchain, cannot guarantee the safe or accurate performance of the Services, and will not be held responsible for any damages, losses, or harm experienced during their use of the Website, Protocol, or Services.

The User agrees to bear full responsibility for all risks associated with their use of the Website, Protocol, and Services, whether specifically outlined here or not. Moreover, the User expressly waives and releases us from any liability, claims, or damages arising from or related to their access to or interaction with the Website, Protocol, Interface, or Services.

If the User is a California resident, the User expressly and explicitly waives the benefits and protections of California Civil Code § 1542, which states: “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

16. No Professional Advice

The information and content available on the Website (including, but not limited to, the Interface) are intended solely for informational purposes and should not be interpreted as professional advice, such as financial, legal, or tax guidance. Users are advised not to take any action, or refrain from action, based solely on the content or information provided through the Website, Interface, or Services. Instead, they should consult an independent professional who is properly licensed and qualified in the relevant field before making any financial, legal, or other significant decisions. Users acknowledge and agree that, to the maximum extent permitted by law, they have not relied on the DAO, the Website, the Interface, Protocol, or the Services for professional advice regarding their financial or legal actions.

17. Payment of Tax

It is the sole responsibility of the User to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Website, the Protocol, the Interface or the Services, and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities.

18. No Fiduciary Duties

These Terms of Use, as well as the provision of the Website, the Interface, the Protocol and the Services, are not intended to establish any fiduciary responsibilities between us, the User, or any third party. To the maximum extent allowed by law, the User agrees that using the Website, the Interface, Protocol or the Services does not create fiduciary obligations or liabilities on our part or that of any other User toward the User or any third party. Furthermore, the User acknowledges and agrees that, to the extent any such duties or liabilities might arise under law or equity, they are unequivocally disclaimed, waived, and nullified. We, along with any other User, shall bear no responsibility in relation to such matters. The User also agrees that the only obligations we or any other User owe to the User, and the only rights the User possesses under this Agreement or regarding their use of the Website, the Interface, the Protocol or the Services, are those explicitly stated in this Agreement or those that cannot be legally waived.

19. No Insurance

The funds stored in the User’s blockchain account are not equivalent to a cheque or savings accounts, and we do not offer any insurance against potential losses. These losses may include, but are not limited to, a decline in asset value, cybersecurity breaches, or errors and misconduct by you or others. In most regions, digital assets are not recognized as legal tender and are typically not supported by any government. Additionally, your digital asset holdings are not protected by any financial services guarantee or compensation scheme such as the UK “Financial Services Compensation Scheme (FSCS)”; the EU “Deposit guarantee schemes (DGS)” or Investor Compensation Scheme; or the US Federal Deposit Insurance Corporation (FDIC) or the Securities Investor Protection Corporation (SIPC).

20. Links from the Website or the Interface

The Website or Interface may feature links to external sites and resources that are provided by third parties, offered solely for convenience. This encompasses links found in advertisements, such as banner ads and sponsored links. We do not have control over the content of these external sites or resources, and the User acknowledges and agrees that we are not responsible for them, nor will we be held liable for any loss or damage resulting from their use. If the User chooses to visit any third-party websites linked to the Website, it is done at their own risk and subject to the terms and conditions of those sites.

21. Indemnification

The User agrees to defend, indemnify, and hold harmless the DAO, its affiliates, licensors, service providers, and their respective members, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from any and all claims, liabilities, damages, judgments, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or connected to: (1) the User's breach of these Terms of Use; (2) the User's use of the Website, Interface, Protocol or Services, including but not limited to interactions with the Interface, reliance on Website or Interface content, or use of services, Protocol and products not expressly authorized in these Terms of Use; (3) the User's reliance on or use of any information obtained from the Website or Interface; or (4) any third-party access or use of the Website, Interface, or Services facilitated by the User’s actions or through the User's device or account.

22. Governing Law & Jurisdiction

All matters relating to the Website, the Interface, the Protocol or the Services, and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of The Marshall Islands without giving effect to any choice or conflict of law provision or rule (whether of The Marshall Islands or any other jurisdiction).

23. Arbitration; Class Arbitration Waiver

In the event of a dispute between you, the User, and the DAO (each a “Party” and collectively, the “Parties”) related to these Terms of Use or the breach thereof, the Parties shall participate in at least one (1) live or teleconferenced (i.e., using Zoom or a similar videoconferencing software that allows the Parties to communicate in real time) mediation session. The Parties agree to participate in mediation in good faith and the Parties agree to share equally in the cost of such mediation.