Fuse Terms
of Service

1. Please read these Terms of Service (the “Terms”) and our Privacy Policy carefully because they govern your use of the website, the user interface, and other offerings located at squads.so and fusewallet.com (collectively, the “Site”) and corresponding application (“App”) offered by Selimor Investment Limited d/b/a Squads (“Squads,” “we,” “our”). To make these Terms easier to read, the Site, the App, and our services are collectively called the “Interface.” The Interface may facilitate interaction with blockchain-based multisignature programs that we do not own or control.
   
   

2. IMPORTANT NOTICE REGARDING ARBITRATION: BY ACCEPTING THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND STABLE FINANCE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 16 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 15 (GOVERNING LAW AND FORUM CHOICE) WILL STILL APPLY.


   
   

3. BY USING THESE SERVICES, YOU REPRESENT THAT YOU ARE NOT A RESTRICTED PERSON, AS DEFINED BELOW, AND ARE NOT A PERSON OR ENTITY WHO IS RESIDENT IN, IS A CITIZEN OF, IS LOCATED IN, IS INCORPORATED IN, OR HAS A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY, AS DEFINED BELOW

Agreement to Terms; Privacy Policy

Please read these Terms carefully before using the Interface or functionality. By using or accessing the Interface, functionality in any manner, or clicking a button or checkbox to accept or agree to these Terms where that option is made available you, (i) accept and agree to these Terms and (ii) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy, available at https://squads.so/legal/privacy-policy (the “Privacy Policy”).

Changes to Terms or Services

We may modify the Terms at any time at our sole discretion and without notice. If we do so, we’ll notify you either by posting the modified Terms on the Interface, by providing you a notice through the Interface, or through other methods of communication. which we deem reasonable. It’s important that you review the Terms whenever we modify them, because, if you continue to use the Interface or functionality after we have modified the Terms, you are agreeing to be legally bound, and to abide, by the modified Terms.

If you don’t agree to be bound by the modified Terms, then you may not use the Interface or the functionality. Because the functionality is evolving over time, we may change or discontinue all or any part of the Interface and functionality (or any part of either or both) at any time and without notice, in our sole and absolute discretion. If you don’t agree to be bound by the modified Terms, then you must not use the Interface or functionality.

Who May Use the Services

The Interface is only offered to users in certain jurisdictions who can use the Interface as permitted under applicable law. You certify that you will comply with all applicable laws, rules, and regulations when using the Interface. Without limiting the foregoing, by using the Interface, you represent and warrant that:



• You are at least 18 years old and capable of forming a binding contract;


  
  

• You are not a resident, national, or agent of Cuba, Iran, North Korea, Syria, Belarus, Russia, or the Crimea, Luhansk, Donetsk, Zaporizhzhia, or Kherson regions of Ukraine, or any other country or jurisdiction to which the United States, the United Nations Security Council, or the European Union embargoes goods or imposes similar sanctions (collectively, “Restricted Territories”);
  



• You are not a member of any sanctions list or equivalent established by the Cayman Islands, United States, the United Nations Security Council, or the European Union (collectively, “Restricted Persons”) and you do not intend to transact with any Restricted Person; and



• You do not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Interface. 

Services

The App provides software that enables users of the App to create a noncustodial, unhosted cryptoasset wallet (“Fuse Wallet”) so that the user can control their cryptoassets on the Solana blockchain.



1. Account Creation. To create an App account (“Account”) and set up your Fuse Wallet, you will be prompted to set up two (2) different authentication keys (“Main Keys”) that are accessible through your mobile phone. After the Account is created you can also add up to three (3) “Recovery Keys”. The Main Keys include (1) a device key stored locally on your iPhone, protected by Apple’s biometric authentication (i.e., Face ID); and (2) a two-factor authentication (2FA) key that is stored in your iCloud. You can later change your two-factor authentication (2FA) key to a cold wallet. The App lets users set the Recovery Key as either the public key of another Solana-compatible wallet under your control or a new public key linked to a private key that you can obtain through email verification with a third-party service provider.
   
   

2. Transactions. The App account creation process generates a Solana-based program derived address that can only be controlled by an immutable “Multisignature Program” that will only execute transactions signed by your authentication keys. You can use your Main Keys to initiate, approve, reject and execute transactions with the Multisignature Program. You can only use a Recovery Key to approve transactions that were created by a Main Key. This functionality allows you to replace one of your Main Keys if it has been lost or compromised. Importantly, Squads never has access to your Main Keys or the Recovery Key and cannot access or control your Fuse Wallet. Transactions require the payment of the Solana network fee through the paymaster feature (“Paymaster”). If you do not have enough SOL or fuseSOL in the Paymaster, you will not be able to process transactions using the Fuse Wallet.
   
   

3. Squads Has No Control of Your Fuse Wallet. In providing the App and Fuse Wallet, Squads does not hold user assets or otherwise intermediate user transactions. You retain total independent control over the assets in your Fuse Wallet. You are solely responsible for any transactions carried out by you or any other user through your Fuse Wallet. 

Feedback

We welcome feedback, comments, ideas, and suggestions for improvements to the Interface and the functionality (“Feedback”). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon or improvements with respect to and otherwise exploit and commercialize the Feedback and any such derivative works and improvements in any manner and for any purpose.

Fees

You may be charged fees for access to some or part of the functionality you use. The amount of fees applicable to the functionality will be made visible to you at the time that you access the functionality. You may also incur charges from third parties for use of Third Party Functionality (as defined below). Although the Interface endeavors to provide an accurate estimate of applicable fees, any such information is an advance estimate of fees, which may vary from the fees actually paid to use the functionality and interact with the Solana blockchain or any other network with which the functionality is compatible. You represent and warrant that you will pay all applicable fees in connection with your use of the Interface or any Third Party Functionality.

General Prohibitions; Squad’s Enforcement Rights

As a condition to using the Interface and/or functionality, you agree not to use the Interface or functionality in ways that:



1. Engage in or induce others to engage in any form of unauthorized access, hacking, or social engineering, including without limitation any distributed denial or service or DDoS attack, of Squads, the Interface, or any users of the foregoing; 
   



2. Use, display, mirror or frame the Interface or any individual element within the Interface, Squads’ name, any Squads trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Squads’ express written consent;


   
   

3. Access, tamper with, or use non-public areas of the Interface, Squads’ computer systems, or the technical delivery systems of Squads’ providers;


   
   

4. Attempt to probe, scan or test the vulnerability of any Squads system or network or breach any security or authentication measures;


   
   

5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Squads or any of Squads’ providers or any other third party (including another user) to protect the Interface;


   
   

6. Attempt to access or search the Interface or download content from the Interface using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Squads or other generally available third-party web browsers;


   
   

7. Use any meta tags or other hidden text or metadata utilizing a Squads trademark, logo, URL or product name without Squads’ express written consent;


   
   

8. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Interface;


   
   

9. Use the Interface for benchmarking or analysis in a manner that could, directly or indirectly, interfere with, detract from, or otherwise harm the Interface;


   
   

10. Impersonate or misrepresent your affiliation with any person or entity;


    
    

11. Create or list any counterfeit items (including digital assets);


    
    

12. Fabricate in any way any transaction or process related thereto;


    
    

13. Engage or assist in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of any unlawful activity (including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Interface);


    
    

14. Engage in wash trading or other deceptive or manipulative trading activities; 


    
    

15. Disguise or interfere in any way with the IP address of the computer you are using to access or use the Interface or that otherwise prevents us from correctly identifying the IP address of the computer you are using to access the Interface;


    
    

16. Transmit, exchange, or otherwise support the direct or indirect proceeds of criminal or fraudulent activity;


    
    

17. Violate any applicable law or regulation; or


    
    

18. Encourage or enable any other individual to do any of the foregoing.

Squads is not obligated to monitor access to or use of the Interface or to review or edit any content. However, we have the right to do so for the purpose of operating the Interface, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Interface. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

App License

1. License. If you comply with these Terms, Squads grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means. 


   
   

2. Additional Information: Apple App Store. This Section 8(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. 

Third Party Functionality

1. The Interface may contain links to third party functionality (including, without limitation, dApps), and may leverage or plug into such functionality to enable certain features (“Third Party Functionality”). We provide the Interface and access to Third Party Functionality only as a convenience, do not have control over their content, and do not warrant or endorse, and are not responsible for the availability or legitimacy of, the content, products or functionality made accessible via those Third Parties Functionalities (including any related website, resources or links displayed therein). We make no warranties or representations, express or implied, about such linked Third Party Functionalities, the third parties they are owned and operated by, the information contained on them or the suitability of their products or services. You acknowledge sole responsibility for and assume all risk arising from your use of the functionality including any third-party website, applications, or resources. You shall comply with any applicable third-party terms of service when using any Third Party Functionality.

Termination

We may terminate this Agreement and/or your access to and use of the Interface and functionality, in our sole discretion, at any time and without notice to you. You may cancel your Account, by ceasing any and all use of the Interface or functionality. Upon any termination, discontinuation or cancellation of this Agreement, the functionality or your Account, (i) all rights and/or licenses granted to you under these Terms shall immediately cease and terminate and you shall forthwith cease the use of and/or access to the Interface in any way whatsoever; and (ii) notwithstanding the foregoing, the following provisions will survive: Termination, Warranty Disclaimers, Indemnity, Limitation of Liability, Dispute Resolution, and General Terms.

Warranty Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE INTERFACE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE INTERFACE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SQUADS SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. SQUADS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE INTERFACE OR SERVICES OR ANY OF THE MATERIALS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. SQUADS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE AVAILABILITY OR FUNCTIONALITY OF THE SOLANA NETWORK, OR THAT SOLANA NETWORK WILL OPERATE FREE FROM INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS THAT MAY DELAY, HINDER OR PREVENT THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO OR ON THE SOLANA NETWORK, OR ANY OTHER NETWORK. THE DURATION OF ANY IMPLIED WARRANTY THAT IS NOT EFFECTIVELY DISCLAIMED WILL BE LIMITED TO THE LONGER OF (I) THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE THE APPLICABLE SERVICE AND (II) THE SHORTEST PERIOD ALLOWED UNDER APPLICABLE LAW. SOME STATES / JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.



THE INTERFACE AND FUNCTIONALITY RELY ON EMERGING TECHNOLOGIES, SUCH AS THE SOLANA NETWORK AND THIRD PARTY DECENTALIZED EXCHANGES. SOME FUNCTIONALITY IS SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY. BY USING THE INTERFACE, YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS. YOU ARE SOLELY 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 SOLANA OR ANY OTHER DIGITAL TOKEN OR DIGITAL ASSET ON THE SOLANA NETWORK OR ANY OTHER NETWORK, AND SQUADS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SAME.

Indemnity

You will indemnify, defend (at our option) and hold harmless Squads and its affiliates and its and their respective officers, directors, employees, agents and representatives (the “Squads Parties”), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of, relating to or in any way connected with (i) your access to or use of the Interface, (ii) Third Party Functionality, or (iii) your violation of these Terms. You will not settle any claim subject to this Section without our prior written consent.

Limitation of Liability

1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SQUADS NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SQUADS OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
   
   

2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SQUADS’ TOTAL CUMULATIVE LIABILITY ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO SQUADS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE APPLICABLE CLAIM MADE UNDER OR RELATED TO THESE TERMS, LESS ALL AMOUNTS PAID BY SQUADS TO YOU FOR ALL PAST CLAIMS OF ANY KIND MADE UNDER OR RELATED TO THESE TERMS OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SQUADS, AS APPLICABLE.
   
   

3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SQUADS AND YOU.

Acknowledgment of Certain Risks; Other Disclaimers; Release of Claims

By accessing and using the functionality, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets. You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Solana are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets, or any digital assets you acquire may lose some or all of their value and you may suffer loss due to the fluctuation of prices of tokens and/or significant price slippage and cost. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. You further acknowledge that we are not responsible for any of these variables or risks and that we cannot be held liable for any resulting losses that you experience while accessing or using the Interface or functionality.



The Interface and functionality and your digital assets could be impacted by one or more government or regulatory inquiries or government or regulatory actions, which could impede or limit the ability of Squads to continue to make its proprietary software, and thus, could impede or limit your ability to continue to use the functionality.



You understand and acknowledge that cryptography is a progressing field with advances in code cracking and other technical advancements, such as the development of quantum computers, which may present risks to digital assets and the services, and could result in the theft or loss of your digital assets. 



You understand that the Solana blockchain (and all other networks with which the functionality may be compatible) remains under development, which creates technological and security risks when using the functionality in addition to uncertainty relating to digital assets and transactions therein. You acknowledge that the cost of transacting on the Solana blockchain is variable and may increase at any time, thereby impacting any activities taking place on the Solana blockchain, which may result in price fluctuations or increased prices for using the functionality.



You acknowledge that the functionality is subject to flaws and that you are solely responsible for evaluating any code provided by the Interface or functionality. This warning and others Squads provides in these Terms in no way evidence or represent any on-going duty to alert you of the potential risks of utilizing the functionality or accessing the Interface.



Although we intend to provide accurate and timely information on the Interface and during your use of the Interface and the functionality, that intention does not reflect a binding commitment, and the Interface and other information available when using the functionality may not be accurate, complete, error- free or current. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including, without limitation, information regarding our policies. Accordingly, you should verify all information before relying on it in any manner, and all decisions based on such information contained on the Interface or made available through the functionality are your sole and absolute responsibility. No representation of any kind or nature is made as to the accuracy, completeness or appropriateness for any particular purpose of any pricing or other information distributed via the Interface or functionality. Pricing information may be higher or lower than prices available on platforms providing similar services.



Any reference to a type of digital asset on the Interface or otherwise during the use of the functionality does not indicate our approval or disapproval of the technology on which the digital asset relies, and should not be used as a substitute for your understanding of the risks specific to each type of digital asset and the use and availability of any particular blockchain.



Use of the functionality, in particular for trading digital assets, may carry financial risk. digital assets are, by their nature, highly experimental, risky, and volatile. Transactions entered into in connection with the functionality are irreversible, final and there are no refunds. You acknowledge and agree that you will access and use the Interface and the functionality at your own risk. The risk of loss in trading digital assets can be substantial (all the more so if you are leveraged). You should, therefore, carefully assess whether such trading is suitable and appropriate for you in light of your circumstances and financial resources. By using the Interface and functionality, you represent and warrant that you have been, are, and will be solely responsible for making your independent appraisal and investigations into the risks of a given transaction and the underlying digital assets. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your evaluation of the merits and risks of any transaction conducted in connection with the functionality or any digital asset. You accept all consequences of using the functionality, including the risk that you may lose access to your digital assets indefinitely. All transaction decisions are made solely by you. 

Governing Law and Forum Choice

These Terms will be governed by and construed in accordance with the laws of the Cayman Islands without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 16 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Squads are not required to arbitrate will be the courts located in the Cayman Islands, and you and Squads each waive any objection to jurisdiction and venue in such courts.

Dispute Resolution

1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Interface (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Squads agree that the Cayman Islands Arbitration Law governs the interpretation and enforcement of these Terms, and that you and Squads are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.


   
   

2. Exceptions. As limited exceptions to Section 16(a) above: (i) You and Squads both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) The parties retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.


   
   

3. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the Cayman Islands Mediation & Arbitration Centre (CI-MAC) and governed by the Arbitration Act (as amended) of the Cayman Islands. Any arbitration hearings will take place in the county (or parish) where you live, unless the parties agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. The arbitration shall be conducted in the English language and the place of arbitration shall be in the Cayman Islands. The number of arbitrators shall be one.


   
   

4. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by CI-MAC, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.


   
   

5. Injunctive and Declaratory Relief. Except as provided in Section 16(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration. 


   
   

6. Class Action Waiver. YOU AND SQUADS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.


   
   

7. Severability. With the exception of any of the provisions in Section 16(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

General Terms

1. Reservation of Rights. Squads and its licensors exclusively own all right, title and interest in and to the Interface, including all associated intellectual property rights. You acknowledge that the Interface is protected by copyright, trademark, and other laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Interface.


   
   

2. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Squads and you regarding the Interface, and these Terms supersede and replace all prior oral or written understandings or agreements between Squads and you regarding the Interface. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Squads’ prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Squads may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.


   
   

3. Notices. Any notices or other communications provided by Squads under these Terms will be given by posting to the Interface. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.


   
   

4. Waiver of Rights. Squads’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Squads. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Interface, please contact us at legal@sqds.io.