Boundless Terms of Use

1. In order to be eligible to access and use the Platform, you represent and warrant you represent and warrant to us the following:

• You are at least eighteen (18) years old and capable of forming a binding legal relationship.

• You have the requisite capacity, power, and authority to accept these Terms and to carry out and perform its obligations under these Terms. These Terms constitute a legal, valid, and binding obligation enforceable against you in accordance with these Terms.

• You are not and must not be under any sanctions imposed or enforced by any national or international authority, nor should you be listed on any roster of prohibited or restricted entities, inclusive of, but not limited to, those maintained by the United Nations Security Council, the U.S. Government, the European Union or its Member States, the Cayman Islands or any other pertinent governmental authority. Furthermore, must you neither be a citizen nor domiciled within any nation or region subject to comprehensive sanctions by the United States’ Office of Foreign Assets (OFAC) Control, including, but not limited to, Cuba, Democratic People’s Republic of Korea (DPRK), Iran, Syria, or the Russian-occupied regions of Crimea, Donetsk, and Luhansk.

• You do not intend nor will you interact with any Sanctioned Person or any persons or entities who reside in, are citizens of, are located in, are incorporated in, or have a registered office in any Restricted Territory;

• You do not, and will not, use a VPN or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Platform; and

• You will comply with all laws that apply to you, your access to Boundless, and your actions and omissions that relate to the Platform.

1. Prohibited Uses.

• use the Functionalities in any way that violates any applicable federal, state, local, or international law or regulation, including, without limitation, any applicable sanctions laws, export control laws, securities or other financial regulatory laws, anti-money laundering laws, or privacy laws;

• use any device, software or routine that interferes with the proper working of any functionality available on the Platform;

• attempt to probe, scan or test the vulnerability of the Platform or its functionalities, or otherwise seek to interfere with or compromise the integrity, security, or proper functioning of the Platform or functionalities available on the Platform;

• attempt to interfere with the proper working of the Platform or its functionalities, or interfere with, damage, or disrupt any parts of the Platform, the server(s) on which the Services are stored, or any server, computer or database connected to the Platform;

• engaging in or attempting to hack, gaining unauthorized access or introducing any kind of malicious code to the Platform

• reverse engineer or decompile (whether whole or in part) any software available through the Platform;

• engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform or its Functionalities, or which, as determined by us, may harm us or users of the Platformor expose them to liability; or

• encourage or enable any other individual to do any of the foregoing.

1. Third Party Providers or Websites. By accessing the Platform and using the

1. Your Responsibilities.

• You are solely responsible for your access to and use of the Platform and its Functionalities; all transactions you submit to Boundless are considered unsolicited, which means that they are solely initiated by you;

• You have not received any legal, regulatory, financial, investment or tax advice from us in connection with any activities on the Platform,; to the fullest extent not prohibited by applicable laws, we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate those duties and liabilities;

• You are solely responsible for reporting and paying any taxes applicable related to your access to and use of the Platform or related Functionalities.

• We have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any transaction between you and a third party, and we are not responsible for ensuring that a counterparty with whom you transact completes the transaction or is authorized to do so; and

• No Custody. Foundation does not transfer, custody, hold or control any digital assets on your behalf or those that may be on the Platform. You acknowledge and under that a blockchain network may require fees to the validator or node operator of the relevant network

• (“Gas Fees”); you will be solely responsible to pay the Gas Fees for any of your actions on the Platform or its available Functionalities.

1. Intellectual Property.

1. Release of Claims. You expressly agree that you assume all risks in connection with your use of the Network or related Functionalities. You further expressly waive and release the Foundation, as well as its agents or affiliates and providers, and each of their respective past, present and future officers, directors, members, employees, consultants, representatives and agents, and each of their respective successors and assigns from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Services.

2. Force Majeure. Foundation shall not incur any liability or penalty for not performing any act or fulfilling any obligation hereunder by reason of any occurrence that is not within its control (including any provision of any present or future law or regulation or any act of any Governmental Authority, any act of God or war or terrorism, or the unavailability, disruption or malfunction of the Internet, the World Wide Web or any other electronic network, the Platform or any aspect thereof, or any consensus attack, or hack, or denial-of-service or other attack or on the Network or any aspect thereof). It being understood that Foundation shall use commercially reasonable efforts, consistent with accepted practices in the industries in which Foundation operates, as applicable, to resume performance as soon as reasonably practicable under the circumstances.

3. Limited Liability.

4. Foundation represents and warrants that to you that it shall use commercially reasonable efforts to support the Platform and its Functionalities without introducing errors or otherwise corrupting any data submitted by you. You acknowledge and agree that except as set forth in these Terms, the Functionalities are provided on an “as is” basis with faults and without warranty of any kind.

5. Foundation makes no representation or warranty that the Services will comply with any obligations that User may have under any applicable Laws, rules, regulations, or similar obligations and Foundation shall not have any liability or be responsible for any damages, liabilities, losses, costs, out-of-pocket costs or expenses (including attorneys’ fees), whether direct, indirect, special, incidental, consequential, punitive or otherwise of any kind arising out of, in connection with or relating to the User’s compliance with any obligations under any applicable laws, rules, regulations, or similar obligations. Without limiting the foregoing, Foundation does not represent or warrant that (i) the Functionalities will be error free, uninterrupted or available at all times; or (ii) that the Functionalities will remain compatible with, or operate without interruption on, any equipment provided by User.

6. User acknowledges and agrees that technical problems may prevent access to the Platform or all or any part of the Functionalities and except as set forth in the first sentence of this Section, Foundation makes no warranties and the User receives no warranties, whether express, implied or statutory, regarding or relating to the the Platform or its Functionalities hereby specifically disclaims, overrides and excludes to the fullest extent permitted by Law, all implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and all other warranties, conditions, other contractual terms, representations, indemnities and guarantees with respect to the Platform or its Functionalities, whether express, implied or statutory, arising by Law, custom, prior oral or written statements by Foundation or any of its agents or affiliates or otherwise (including but not limited to, as to title, satisfactory quality, accuracy, completeness, uninterrupted use, noninfringement, timeliness, truthfulness, sequence and any implied warranties, conditions and other contractual terms arising from transaction usage, course of dealing or course of performance).

7. Indemnity. You will indemnify and hold harmless the Foundation, our affiliates and third party providers, and their respective officers, directors, employees and agents (together, the “Released 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 or in any way connected with (i) your access to the Platform, (ii) your use of the Functionalities; and (iii) your violation of these Terms.

8. Limitation of Liability.
1. You acknowledge and agree that Foundation shall, to the extent possible permitted by law, not have any liability in or be responsible for any damages, losses, costs, out of pocket costs or expenses (including attorneys’ fees), whether direct, indirect, special, incidental, consequential, punitive or otherwise of any kind (including, without limitation, any loss of revenue, loss of actual or anticipated profits, loss of contracts, loss of the use of money, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation, or loss of, damage to or corruption of data), in each case arising under or related to claims of breach of contract, tort, including negligence, strict liability, negligent mistreatment, restitution, breach of statutory duty or any other cause of action whatsoever with respect to these Terms, the Functionalities, or any other matter contemplated hereby.
2. Notwithstanding anything to the contrary herein and without limiting the foregoing, User acknowledges and agrees, that Foundation shall not be held liable for: any loss or theft of digital assets including, but not limited to private keys; transaction errors done by the user; late execution or settlement of any transaction whatsoever; the incorrect booking of transactions or the presence of an error in ordering the booking of transactions in a blockchain; any security breach or weakness, bug, of any kind for a digital asset; any security breach or weakness, bug, of any kind in the technology stacks used including but not limited to programming languages and open-source libraries; any configuration or installation errors by the User.
3. Foundation makes no warranties or representations, express or implied, about linked Third Party Providers, assets available through them, or the suitability, privacy, or security of their products or services. User acknowledges sole responsibility for and assumes all risk arising from the use of Third Party Providers, third-party websites, applications, or resources. Foundation shall not be liable under any circumstances for damages arising out of or in any way related to software, products, services, and/or information offered or provided by third-parties and accessed through any of the Functionalities.
4. User agrees to indemnify and hold Foundation harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of an (a) any Application’s policy and its data protection/privacy practices, (b) Information Provider’s implementation of any policy and its data protection/privacy practices, and (c) Operator’s validation of any transaction.

9. Dispute Resolution.

1. Waiver of jury trial. YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in subsection a (Applicability of Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

2. Waiver of class or other non-individualized relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the courts of Cayman Islands. All other disputes, claims, or requests for relief shall be arbitrated.

3. 30-day right to opt out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to legal@boundless.xyz within 30 days after you first access the Service. Your notice must include your name and address, the web3 address used to connect to Boundless, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, (i) all other parts of this Arbitration Agreement will continue to apply to you, and (ii) we will not be bound by this Arbitration Agreement. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

4. Governing Law and Forum Choice.
1. These Terms and any action related thereto will be governed by the laws of the Cayman Islands.

5. Severability. Except as provided in subsection E (Waiver of class or other non-individualized relief), if any part or parts of this Arbitration Agreement are held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such specific part or parts shall be eliminated or limited to the minimum extent such that the remainder of the Arbitration Agreement shall continue in full force and effect.

6. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.

7. Modification. Notwithstanding any provision in the Terms to the contrary, we agree that if we make any future material change to this Arbitration Agreement, you may reject that change within 30 days of such change becoming effective by writing us at legal@boundless.xyz and expressly opting out of this Arbitration Agreement.

1. Foundation may provide any notices to you under these Terms using commercially reasonable means, including public communication channels. Notice provided by using public communication channels will be effective upon posting.

1. Foundation may freely assign, transfer, or delegate its rights, obligations and liabilities under these Terms to the maximum extent permitted by applicable law.

1. Should any part or provision of these Terms be held in by invalid by any competent court, governmental or administrative authority having jurisdiction, the other provisions of these Terms shall nonetheless remain valid. In this case, you and Foundation shall endeavor to negotiate a substitute provision that best reflects the economic intentions of you and Foundation without being enforceable, and shall execute all agreements and documents required in this connection. The same shall apply if and to the extent that these Terms are found to contain any gaps or omissions.

1. No failure on the part of you or Foundation to exercise any power, right, privilege or remedy under these Terms, and no delay on the part of you or Foundation in exercising any power, right, privilege or remedy under these Terms, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. Neither you nor Foundation shall be deemed to have waived any claim arising out of these Terms, or any power, right, privilege or remedy under these Terms, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of you or Foundation; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

1. If you have any questions or concerns please contact: contact@boundless.xyz