exotic
Terms of Service
Effective Date: 19 October 2026
BY ACCESSING OR USING THE INTERFACE OR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. YOU FURTHER ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE REGARDING THESE TERMS AND HAVE EITHER DONE SO OR VOLUNTARILY WAIVED YOUR RIGHT TO DO SO.
YOU REPRESENT AND WARRANT THAT YOU MEET ALL ELIGIBILITY REQUIREMENTS SET FORTH IN THESE TERMS AND THAT ALL INFORMATION YOU PROVIDE IS ACCURATE AND COMPLETE.
YOU ACKNOWLEDGE THAT YOUR USE OF THE INTERFACE AND INTERACTION WITH THE PROTOCOL INVOLVES SIGNIFICANT RISKS, INCLUDING THE RISK OF LOSS OF YOUR DIGITAL ASSETS, AND THAT YOU ASSUME ALL SUCH RISKS.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE INTERFACE.
THE INTERFACE AND WEBSITE WERE NOT SPECIFICALLY DEVELOPED FOR, AND ARE NOT AIMED AT OR BEING ACTIVELY MARKETED TO, PERSONS OR ENTITIES WHO RESIDE IN, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE OR PRINCIPAL PLACE OF BUSINESS IN THE UNITED STATES, UNITED KINGDOM OR EUROPEAN UNION. IF YOU ARE LOCATED IN THE UNITED STATES, UNITED KINGDOM OR EUROPEAN UNION AND ARE ACCESSING THIS INTERFACE, YOU REPRESENT AND WARRANT THAT YOU HAVE DONE SO ON YOUR OWN INITIATIVE WITHOUT ANY SOLICITATION, MARKETING, OR PROMOTIONAL ACTIVITY DIRECTED AT YOU BY US OR OUR AFFILIATES.
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 12 THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ THESE TERMS CAREFULLY.
These Terms of Service (“Terms”) constitute a legally binding agreement between 3-102-092450 SRL, a limited liability company (sociedad de responsabilidad limitada) organized and existing under the laws of the Republic of Costa Rica, trading as Exotic.xyz (“Exotic.xyz,” “we,” “us,” or “our”), and you (“you” or “your”), governing your access to and use of the Interface that provides access to the Protocol. The Protocol operates through autonomous smart contracts deployed on the Pod Network that is not owned or operated by us.
Exotic.xyz is not registered as a broker-dealer, investment adviser, commodity trading advisor, futures commission merchant, virtual asset service provider, or any other regulated financial entity under the laws of the United States, the Republic of Costa Rica, or any other jurisdiction. Exotic.xyz does not provide custodial services, hold user funds, or act as an intermediary in transactions. Users interact directly with the Protocol through self-custodied wallets.
1. Definitions and Interpretation
For purposes of these Terms, capitalized terms not otherwise defined herein shall have the meanings assigned to them in our Privacy Policy. These Terms should be read in conjunction with our Privacy Policy, which is incorporated herein by reference. In the event of any conflict between these Terms and the Privacy Policy regarding data handling practices, the Privacy Policy shall control.
“Applicable Laws” means all domestic and foreign laws, rules, statutes, regulations, by-laws, orders, protocols, codes, decrees, directives, requirements, and guidelines published or in force that apply to or are otherwise intended to govern or regulate any person, property, transaction, activity, event, or other matter, including any rule, order, judgment, directive, or other requirement or guideline issued by any domestic or foreign federal, provincial, state, municipal, local, or other governmental, regulatory, judicial, or administrative authority having jurisdiction over Exotic.xyz, you, the Interface, the Protocol, or as otherwise duly enacted or enforceable by law, common law, or equity.
“Digital Assets” means blockchain-based digital assets, cryptocurrencies, tokens, and other cryptographic assets that may be deposited, used as margin or collateral, or otherwise transacted through the Protocol in connection with Perpetual Futures.
“Effective Date” means the date set out as the effective date at the beginning of these Terms, as updated from time to time in accordance with Section 16.2.
“Interface” means the web-based graphical user interface accessible at https://exotic.xyz and any associated subdomains, mobile applications, or other front-end interfaces provided by Exotic.xyz that enable users to interact with the Protocol.
“Perpetual Futures” means blockchain-based derivative contracts that provide synthetic exposure to the price of an Underlying Equity, have no fixed expiration or maturity date, and are subject to periodic funding payments or similar adjustment mechanisms designed to align the contract price with the price of the Underlying Equity, and which may be entered into, maintained, or settled through the Protocol. A Perpetual Future does not confer ownership of, or any right to receive, the Underlying Equity.
“Personal Information” has the meaning set forth in the Privacy Policy.
“Protocol” means the Pod Network, including its built-in trading components, that enables peer-to-peer Perpetual Futures trading, operating autonomously without Exotic.xyz control or custody.
“Restricted Person” means any person or entity who: (a) is a citizen, resident, or incorporated, established, organized, or located in, or has a registered office, principal place of business, or principal residence in any Restricted Territory; (b) is subject to economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties, including the lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the United Nations Security Council, the European Union or its Member States, the United Kingdom, the Republic of Costa Rica or other applicable government authority, or any similar sanctions or restricted-party list maintained by any jurisdiction with authority over the Services or the Interface; (c) acts on behalf of, is owned 50% or more by, is controlled by, or transacts for the direct or indirect benefit of any Restricted Person or any person or entity located in any Restricted Territory; or (d) is a government, instrumentality, or agency of a Restricted Territory, or is owned or controlled by such a government. For purposes of subsection (c), “control” means the power to direct the management or policies of an entity, whether through ownership of voting securities, by contract, or otherwise.
“Restricted Territory” means Iran, Cuba, North Korea, Syria, Myanmar (Burma), the Crimea, Donetsk, and Luhansk regions, the Kherson and Zaporizhzhia regions of Ukraine, the Republic of Costa Rica, Canada, the United States of America, the United Kingdom, the European Union or any other country or region that is the subject of comprehensive country-wide or region-wide economic sanctions by the United States, the United Kingdom, the European Union, the United Nations, or the Republic of Costa Rica including any jurisdiction that becomes subject to such sanctions after the Effective Date of these Terms.
“Services” means the provision of the Interface to facilitate your voluntary interaction with the Protocol, including wallet connection functionality, transaction preparation tools, and informational displays, for Perpetual Futures trading (including following any Thesis), but expressly excluding any custody, execution, clearing, settlement, or intermediation services.
“Thesis” means a weighted basket of Perpetual Futures positions built around an investment theme, together with any associated research or commentary, that is published on or through the Interface by us, our Affiliates, or a third party (each, a “Thesis Author”), and which you may elect to follow, in which case your positions will be automatically re-weighted to reflect any changes the Thesis Author makes to the composition or weightings of that Thesis from time to time, until you stop following it.
“Underlying Equity” means a share, depositary receipt, or other equity security, or a basket or index of such securities, that is listed or traded on a stock exchange or other trading venue (its “Home Market”), including in Japan, the Republic of Korea, the People’s Republic of China, and the United States of America, the price of which a Perpetual Future is designed to track.
“Usage Data” has the meaning set forth in the Privacy Policy.
2. Description of Services
The Interface is a web-based user interface that facilitates access to the Protocol. The Protocol operates through autonomous protocol-level components of Pod Network. We provide the Interface to enable users to interact with these smart contracts, including access to Perpetual Futures trading functionality (including the ability to follow any Thesis), but we do not custody funds, control transactions, execute trades, act as an intermediary, operate the underlying network, or act as a broker, exchange, or other regulated financial intermediary.
The Interface allows you to:
2.1. Connect your self-custodied blockchain wallet to view Protocol data and submit transaction requests;
2.2. View market data, markets, position information, and other Protocol-related information;
2.3. Construct and submit transaction requests to the sent to validators for processing by the Protocol; and
2.4. Access educational materials, documentation, and other informational content related to the Protocol.
You acknowledge and agree that:
2.5. The Protocol operates autonomously through smart contracts that we do not control, and processed by Pod Network validators and the Protoco;
2.6. We do not provide execution, settlement, or clearing services of any kind;
2.7. We do not custody, control, or have access to your Digital Assets, private keys, or wallet credentials at any time, and you retain full custody and control of your assets through your self-custodied wallet;
2.8. We cannot reverse, cancel, or modify any transaction once it has been broadcast to the blockchain;
2.9. The Interface is one of potentially multiple interfaces that may provide access to the Protocol, and you may interact with the Protocol through alternative means;
2.10. We do not guarantee the availability, accuracy, or functionality of the Interface at any time;
2.11. The Interface may be modified, suspended, or discontinued at any time without prior notice; and
2.12. The Interface is technical software providing user-initiated interaction; nothing is an offer, solicitation, recommendation, or advice; availability is void where prohibited.
3. Eligibility and Representations
By accessing or using the Interface, you represent and warrant that:
3.1. If you are an individual, you are at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater) and have the legal capacity to enter into these Terms, are of sound mind, and have all requisite capacity, power and authority to accept these Terms and to carry out and perform your obligations under these Terms;
3.2. If you are accessing or using the Interface on behalf of a legal entity, you have the authority to bind that entity to these Terms, such entity is duly organized, validly existing and in good standing under the laws of the jurisdiction in which it is organized, and has all requisite power and authority for a business entity of its type to carry on its business as now conducted, and all references to “you” shall refer to both you individually and such entity;
3.3. These Terms constitute a legal, valid and binding obligation of you enforceable against you in accordance with their terms; your agreeing to these Terms and using the Interface does not constitute, and would not reasonably be expected to result in (with or without notice, lapse of time, or both) a breach, default, contravention or violation of any law applicable to you, or contract or agreement to which you are a party or by which you are bound;
3.4. You are not a Restricted Person;
3.5. You are not accessing the Interface from within any Restricted Territory;
3.6. You will not use any technology or mechanism, including virtual private networks (VPNs), proxy services, or other tools, to circumvent or attempt to circumvent any restrictions that apply to the Interface;
3.7. Your access to and use of the Interface does not violate any Applicable Laws in your jurisdiction;
3.8. You have sufficient knowledge, experience, and understanding of blockchain technology, Digital Assets, smart contracts, and decentralized protocols to understand the risks associated with using the Interface and interacting with the Protocol, and are knowledgeable, experienced and sophisticated in using and evaluating blockchain and related technologies and assets;
3.9. You have obtained all necessary consents, approvals, and authorizations required under Applicable Laws to access and use the Interface;
3.10. All information you provide to us is accurate, complete, and current;
3.11. You will comply with all Applicable Laws in connection with your use of the Interface, including laws related to anti-money laundering, counter-terrorist financing, tax reporting, and securities regulations;
3.12. You are knowledgeable, experienced and sophisticated regarding the matters contemplated by these Terms and have conducted your own independent investigation and analysis regarding your use of the Interface and the risks associated therewith;
3.13. You have not relied on any communication (written or oral) of ours or our Affiliates as investment advice or as a recommendation to use the Interface, it being understood that information and explanations related to the Interface shall not be considered investment advice or a recommendation to use the Interface or to enter into any transaction, including any Thesis, research, commentary, or other content published on or through the Interface by us, our Affiliates, or any Thesis Author, and you have made your own independent decision to follow any Thesis and to authorize the automatic re-weighting of your positions; and
3.14. You understand that we reserve the right to restrict or deny access to the Interface based on jurisdiction, regulatory requirements, or other factors in our sole discretion.
Each time you access or use the Interface, you reaffirm these representations and warranties.
4. Prohibited Uses and Activities
You agree that you will not, and will not assist or enable any third party to:
4.1. Use the Interface if you are a Restricted Person or are located in a Restricted Territory;
4.2. Use the Interface for any illegal purpose or in violation of any Applicable Laws, including laws related to anti-money laundering, counter-terrorist financing, economic sanctions, or securities regulations;
4.3. Use the Interface to engage in, facilitate, or promote any illegal activity, including money laundering, terrorist financing, fraud, market manipulation, insider trading, or any other unlawful conduct;
4.4. Use the Interface to transact in Digital Assets that are the proceeds of any illegal activity or that are otherwise subject to forfeiture;
4.5. Engage in any activity that manipulates or attempts to manipulate markets, including wash trading, spoofing, layering, front-running, or any other form of market manipulation;
4.6. Use the Interface to engage in any activity that violates the securities laws of any jurisdiction, including offering or selling unregistered securities;
4.7. Misrepresent your identity, location, or any other information, or provide false, inaccurate, or misleading information;
4.8. Use the Interface to infringe upon or violate the intellectual property rights, privacy rights, or other rights of any third party;
4.9. Interfere with, disrupt, or attempt to gain unauthorized access to the Interface, our systems, or any systems or networks connected to the Interface;
4.10. Deploy any bot, spider, crawler, scraper, or other automated means to access the Interface or extract data from the Interface;
4.11. Introduce any virus, malware, trojan horse, worm, logic bomb, or other harmful code into the Interface;
4.12. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Interface;
4.13. Remove, obscure, or alter any proprietary notices, including copyright, trademark, or other intellectual property notices, displayed on or through the Interface;
4.14. Use the Interface in any manner that could damage, disable, overburden, or impair the Interface or interfere with any other party’s use of the Interface;
4.15. Frame, mirror, or otherwise incorporate the Interface or any portion thereof into any other website or service without our prior written consent;
4.16. Use the Interface to transmit or make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
4.17. Violate, or encourage others to violate, these Terms or any other agreement between you and us; or
4.18. Assist or enable any third party to engage in any of the foregoing prohibited activities.
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this Section 4, including reporting such conduct to law enforcement authorities and regulatory agencies. We may cooperate with law enforcement authorities in investigating and prosecuting users who violate Applicable Laws.
5. Wallet Connection and Transaction Submission
To interact with the Protocol through the Interface, you must connect a compatible self-custodied blockchain wallet. You acknowledge and agree that:
5.1. You are solely responsible for maintaining the security and confidentiality of your wallet credentials, including private keys, seed phrases, passwords, and any other authentication credentials;
5.2. We do not have custody, possession, or control of your Digital Assets, private keys, or wallet credentials at any time;
5.3. We cannot recover, restore, or provide access to your wallet if you lose your private keys or other credentials;
5.4. You are solely responsible for all activities that occur through your wallet, whether or not authorized by you;
5.5. Any transaction request you submit through the Interface will be sent to Pod Network validators for processing by the Protocol;
5.6. Once a transaction is broadcast to the blockchain, it cannot be reversed, cancelled, or modified by us or any other party;
5.7. You are responsible for ensuring that all transaction details, including recipient addresses, amounts, and other parameters, are accurate before submitting a transaction;
5.8. You are responsible for ensuring that you have sufficient Digital Assets in your wallet to cover transaction amounts and applicable network fees (gas fees);
5.9. Transaction execution is subject to blockchain network conditions, including network congestion, gas prices, and validator processing, which are beyond our control;
5.10. Transactions may fail for various reasons, including insufficient gas fees, smart contract errors, or network issues, and we are not responsible for any such failures; and
5.11. You should independently verify all transaction details on the blockchain before and after submission.
You agree to immediately notify us if you become aware of any unauthorized access to or use of your wallet or any other breach of security.
6. Fees and Costs
Your use of the Interface and interaction with the Protocol may be subject to various fees and costs, including:
6.1. Protocol Fees: The Protocol smart contracts may charge fees for certain transactions, including trading fees, funding rates, liquidation fees, and other protocol-level fees (“Protocol Fees”). These fees are determined by the Protocol smart contracts and are automatically deducted from your transactions by the smart contracts. We cannot upgrade or modify the existing Protocol smart contracts and, to our knowledge, no other person has the ability to do so. We may, however, benefit economically from Protocol Fees through fee sharing arrangements, or other compensation mechanisms.
6.2. Network Fees: All blockchain transactions require payment of network fees (commonly referred to as “gas fees”) to validators who process transactions on the blockchain network. Network fees are determined by blockchain network conditions and are paid directly to the blockchain network, not to us. You are solely responsible for paying all applicable network fees.
6.3. Third-Party Fees: You may incur fees charged by third-party service providers, including wallet providers, blockchain node providers, oracle providers, and other service providers. We are not responsible for any third-party fees and disclaim all liability related to such fees.
All fees are subject to change at any time without notice. Fee information displayed on the Interface is provided for informational purposes only and may not reflect the actual fees charged by the Protocol smart contracts or the blockchain network. We make no representations or warranties regarding the accuracy, completeness, or timeliness of fee information. You are solely responsible for independently verifying all applicable fees before submitting any transaction. You waive any claims against us arising from fee discrepancies, unexpected fees, or changes to fee structures.
We may receive compensation, rebates, revenue sharing, commissions, or other economic benefits of any kind related to Protocol Fees, trading volume, liquidity provision, transaction flow, order routing, or any other activities conducted through the Interface or Protocol. We may also participate in affiliate programs, referral arrangements, token incentive programs, market making arrangements, or other commercial relationships with the Protocol, third-party service providers, liquidity providers, market makers, or any other entities. You acknowledge and agree that we may retain any and all such compensation, benefits, or economic value without any obligation to share, disclose, or account for such arrangements to you. We have no fiduciary duty to you regarding fee arrangements or revenue generation.
We do not currently charge direct Interface-level fees for access to or use of the Interface. However, we expressly reserve the right to introduce, implement, or modify Interface-level fees, subscription fees, transaction fees, access fees, premium features, or any other fee structures at any time in our sole discretion. We may implement such fees with or without prior notice, and your continued use of the Interface following implementation of any such fees constitutes acceptance of the fee structure. We may offer different fee tiers, promotional rates, or fee waivers to different users at our discretion without obligation to offer such rates to all users.
7. Assumption of Risk
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE INTERFACE AND INTERACTION WITH THE PROTOCOL INVOLVES SIGNIFICANT RISKS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
7.1. Smart Contract Risk: The Protocol operates through smart contracts deployed on a blockchain network. Smart contracts are complex software programs that may contain bugs, vulnerabilities, or design flaws that could result in the loss of your Digital Assets. Smart contracts may not function as intended, and their operation may be affected by changes to the underlying blockchain network. We did not develop the Protocol smart contracts and do not control their operation or execution. While independent audits may be conducted, we do not guarantee that any smart contract is free of vulnerabilities or exploits, and you interact with the Protocol smart contracts at your own risk.
7.2. Blockchain Network Risk: Blockchain networks are subject to various risks, including network congestion, , software bugs, and attacks by malicious actors. These risks may result in transaction delays, failures, or losses. Blockchain networks may experience downtime or other disruptions that prevent you from accessing the Protocol.
7.3. Market Risk: Perpetual Futures and products available through the Interface are highly volatile and subject to significant price fluctuations. The value of your position may increase or decrease rapidly and unpredictably. You may lose some or all of your position as a result of market movements. Perpetual Futures trading involves leverage, which amplifies both potential gains and potential losses.
7.4. Liquidation Risk: If you use leverage to trade Perpetual Futures through the Protocol, your positions may be subject to liquidation if market prices move against you. Liquidation may result in the loss of some or all of your collateral. Liquidation parameters are determined by the Protocol smart contracts and may be affected by market conditions, oracle pricing, and other factors beyond our control.
7.5. Synthetic Exposure Risk: Each Perpetual Future is a synthetic derivative contract that references the price of an Underlying Equity. You do not acquire, own, or have any right to receive any Underlying Equity, or any voting, dividend, information, or other shareholder rights in respect of it, and you have no rights against the issuer of any Underlying Equity or against any Home Market. No issuer of an Underlying Equity and no Home Market sponsors, endorses, or is affiliated with the Interface, the Protocol, or any Perpetual Future.
7.6. Off-Hours Pricing Risk: Perpetual Futures may trade 24 hours a day, 7 days a week, including when the Home Market for the relevant Underlying Equity is closed, suspended, or halted. During those periods there is no current Home Market price, and the price of a Perpetual Future may be determined solely by trading activity, order flow, and liquidity on the Protocol, or by oracle inputs based on stale, indicative, or proxy data. Off-hours prices may be volatile, illiquid, and susceptible to manipulation, and may not reflect the price at which the Underlying Equity trades when its Home Market reopens. Liquidations, funding payments, and margin requirements may be determined by reference to off-hours prices.
7.7. Gap Risk at Home Market Open: When a Home Market opens or resumes trading, the price of an Underlying Equity may differ significantly from its last closing price or from the off-hours price of the related Perpetual Future, including as a result of news, earnings announcements, macroeconomic events, or regulatory action occurring while the Home Market was closed. The price of the Perpetual Future may then move abruptly. Such a gap may carry your position through its maintenance margin, stop loss, or liquidation price before you are able to act, and stop loss, take profit, or other conditional orders may be executed at prices materially worse than the specified price or not at all. You may lose all of your margin as a result.
7.8. Divergence Risk: The price of a Perpetual Future is not the price of the Underlying Equity and may diverge from it, at times significantly and for extended periods, including as a result of funding rate mechanics, differences in trading hours, liquidity and order flow on the Protocol, oracle delays, errors, or failures, exchange rate movements between the Home Market currency and the U.S. dollar, Home Market trading halts, price limits, or circuit breakers, and the design of the Protocol. There is no assurance that a Perpetual Future will track its Underlying Equity on a one-for-one basis or at all, and no person is obliged to arbitrage or otherwise correct any divergence.
7.9. Corporate Actions Risk: Underlying Equities may be affected by corporate actions and other events, including dividends and other distributions, stock splits and reverse splits, rights issues, spin-offs, mergers, takeovers, tender offers, delistings, trading suspensions, insolvency, or nationalization. The Protocol or the relevant market may or may not adjust the terms or price of a Perpetual Future to reflect any such event, and any adjustment may be made on a basis, at a time, or in a manner that differs from the treatment of holders of the Underlying Equity. Corporate actions may cause sudden price movements, the suspension, early settlement, or delisting of a Perpetual Future, or the closure of your position at an unfavorable price. You will not receive any dividend, distribution, or other entitlement in respect of any Underlying Equity.
7.10. Oracle Risk: The Protocol relies on third-party oracle services to provide price feeds and other off-chain data necessary for smart contract execution. Oracle data may be inaccurate, delayed, or manipulated, which could result in incorrect pricing, improper liquidations, or other adverse outcomes. We do not control oracle providers or their data sources.
7.11. Regulatory Risk: The regulatory status of Digital Assets, decentralized protocols, and related activities is uncertain and evolving in many jurisdictions. Regulatory actions by governmental authorities may adversely affect the availability, value, or legality of Digital Assets or your ability to access or use the Interface or Protocol. You are solely responsible for determining whether your use of the Interface and Protocol complies with Applicable Laws in your jurisdiction.
7.12. Cybersecurity Risk: The Interface, Protocol, blockchain networks, and related systems are subject to cybersecurity risks, including hacking, phishing, malware, and other attacks by malicious actors. Such attacks may result in the loss or theft of your Digital Assets or Personal Information.
7.13. Irreversibility Risk: Blockchain transactions are generally irreversible. Once a transaction is confirmed on the blockchain, it cannot be undone, cancelled, or modified. If you send Digital Assets to an incorrect address or execute an unintended transaction, you may permanently lose those assets.
7.14. No Regulatory Supervision: We are not registered or qualified with or licensed by, do not report to and are not under the active supervision of any government agency or financial regulatory authority or organization. No government or regulatory authority has reviewed or approved the Interface, Protocol, or these Terms. We are not registered as a broker, dealer, adviser, transfer agent, or other intermediary under the securities laws of any jurisdiction. You acknowledge that we operate without regulatory oversight and that no regulatory protections applicable to regulated financial institutions apply to your use of the Interface or interaction with the Protocol.
7.15. Wallet Security Risk: You are solely responsible for the security of your wallet and private keys. If your private keys are lost, stolen, or compromised, you may permanently lose access to your Digital Assets. We cannot recover lost private keys or restore access to your wallet.
7.16. Interface Availability Risk: The Interface may be unavailable due to maintenance, technical issues, regulatory actions, or other reasons. Even if the Interface is unavailable, the Pod Network will continue to operate for as long as its validators do, and you may interact with the Protocol through alternative means.
7.17. Tax Risk: Your transactions through the Protocol may have tax consequences. You are solely responsible for determining and paying any taxes applicable to your transactions. We do not provide tax advice, and you should consult with a qualified tax professional regarding your tax obligations.
7.18. Counterparty Risk: When you trade through the Protocol, you are exposed to counterparty risk, including the risk that other Protocol participants may default on their obligations or that liquidity providers may withdraw liquidity.
7.19. Slippage and Execution Risk: Market conditions may result in your transactions executing at prices different from those displayed on the Interface. You may experience slippage, partial fills, or failed transactions due to market volatility, liquidity constraints, or other factors.
7.20. No Upgradeability Risk: The existing Protocol smart contracts cannot be upgraded or modified by us or, to our knowledge, by Pod Network or any other person. As a result, any bug, vulnerability, or design flaw in the Protocol may not be capable of being corrected and may require the deployment of new markets or contracts and the migration or closure of positions. Any such defect, migration, or closure may adversely affect your positions or the value of your Digital Assets.
7.21. Token Swapping and Cross-Chain Risk: The Interface may allow you to access token swaps or cross-chain transfers through third-party routing providers. Such swaps and transfers are executed externally by third-party protocols and bridge providers that we do not own, control, or operate. We do not control, guarantee, or assume responsibility for the execution, completion, or success of any token swaps or cross-chain transfers. You acknowledge and agree that: (a) token swaps and cross-chain transfers involve additional risks including slippage, bridge exploits, failed transactions, and loss of funds; (b) cross-chain bridges may be subject to technical failures, security vulnerabilities, or liquidity constraints; (c) we disclaim all responsibility for swap execution failures, bridge risk, slippage losses, or any other issues arising from third-party routing providers; (d) you are solely responsible for verifying transaction details and understanding the risks of any swap or cross-chain transfer before execution; and (e) such transactions may be subject to additional fees, delays, or restrictions imposed by third-party providers.
7.22. API Use Risk: The Interface may allow access to certain functionality or data through application programming interfaces (“APIs”). The use of APIs involves inherent risks, including but not limited to: (i) operational errors, bugs, or downtime that may prevent access to or use of API functionality; (ii) security vulnerabilities that could expose user data or enable unauthorized access; (iii) rate limits, throttling, or other restrictions that may limit API availability; (iv) changes to API specifications, endpoints, or authentication requirements without notice; (v) reliance on third-party data sources that may provide inaccurate, delayed, or manipulated information; (vi) potential for API keys or credentials to be compromised; and (vii) integration failures that could result in transaction errors or data loss. You are solely responsible for implementing appropriate security measures, error handling, and compliance procedures when utilizing any APIs. We disclaim all liability for losses arising from API use, including but not limited to trading losses, data breaches, or system failures resulting from API integration or reliance.
7.23. Quantum Computing Risk: Advances in quantum computing technology may pose future risks to blockchain networks and cryptographic security systems. Quantum computers with sufficient computational power could potentially compromise the cryptographic algorithms that secure blockchain networks, Digital Assets, and wallet security. Such developments could result in unauthorized access to Digital Assets, transaction manipulation, or complete network compromise. The timeline and impact of quantum computing developments are uncertain, and existing blockchain networks and cryptographic systems may require significant upgrades or replacements to maintain security against quantum attacks. You acknowledge that quantum computing risks are largely theoretical at present but could become material threats to Digital Asset security in the future.
YOU ACKNOWLEDGE THAT THE FOREGOING LIST OF RISKS IS NOT EXHAUSTIVE AND THAT THERE MAY BE ADDITIONAL RISKS ASSOCIATED WITH YOUR USE OF THE INTERFACE AND INTERACTION WITH THE PROTOCOL. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE INTERFACE AND INTERACTION WITH THE PROTOCOL. YOU SHOULD NOT USE THE INTERFACE OR INTERACT WITH THE PROTOCOL UNLESS YOU FULLY UNDERSTAND AND ACCEPT THESE RISKS.
8. Further Acknowledgements
By using the Interface and/or interacting with the Protocol you acknowledge and agree that:
8.1. Participation in the Protocol: We, as the operator of the Interface, and our Affiliates, including our shareholders, directors, officers, employees, contractors, and related entities (collectively, “Affiliates”), may from time to time access, use, or interact with the Protocol as users. Such participation may include, without limitation, placing orders and making markets on the order book, acting as a market participant or market maker, opening or closing trading positions (including long or short positions), hedging exposure, staking assets, or otherwise engaging in transactions available through the Protocol.
8.2. Liquidity Provision and Incentives: We and our Affiliates may receive trading fees, liquidity provider fees, funding payments, incentives, rewards, or other economic benefits as a result of providing liquidity or otherwise participating in the Protocol. Such benefits may be generated directly or indirectly from activity on the Protocol, including activity initiated by other users.
8.3. Adverse Positions: We and our Affiliates may take positions in the same markets available through the Protocol, including positions that may be opposite to or otherwise adverse to positions taken by other users. As a result, our economic interests and those of our Affiliates may conflict with the interests of other users of the Interface or the Protocol.
8.4. No Fiduciary Duties: We and our Affiliates do not act as brokers, dealers, advisers, agents, fiduciaries, or intermediaries for users. We provide only non-custodial interface access to decentralized protocols, do not hold or control user assets, do not provide personalized investment advice or recommendations, and do not exercise discretion over user transactions.
8.5. No Obligation to Provide Liquidity or Market Support: Neither we nor our Affiliates have any obligation to provide liquidity, maintain orderly markets, support trading activity, stabilize prices, or otherwise ensure the availability, performance, or functioning of any market accessible through the Protocol. Any liquidity provision or trading activity may be initiated, modified, reduced, or terminated at any time, with or without notice.
8.6. Information Asymmetries: We and our Affiliates may possess information about the development, operation, design, or performance of the Interface or related software that is not available to users. Users acknowledge that such information asymmetries may exist and may influence the trading or liquidity provision activities of us and our Affiliates.
8.7. User Acknowledgment and Assumption of Risk: By accessing or using the Interface, you acknowledge and agree that we and our Affiliates may provide liquidity, trade, hedge, or otherwise participate in the Protocol and related markets, and that such activities may create conflicts of interest or involve positions that are adverse to yours. You further acknowledge that you assume all risks associated with such activities.
8.8. Independent Market Activity: All trading activity conducted through the Protocol occurs through autonomous protocol-level components of Pod Network and is initiated solely by independent users interacting with those smart contracts. We do not execute trades on behalf of users, match orders, determine pricing, or otherwise control the trading activity of users.
8.9. No Responsibility for Market Conduct: We are not responsible for the trading decisions, strategies, or conduct of any users of the Protocol, including any trading strategies that may impact market prices, liquidity conditions, funding rates, or other market dynamics.
8.10. Market Volatility and Manipulation Risks: Markets accessible through the Protocol may be highly volatile and may be influenced by factors including liquidity fluctuations, large positions held by individual users, algorithmic trading strategies, market sentiment, or coordinated trading activity. Users should be aware that such activity may affect pricing, execution outcomes, liquidation events, and funding payments.
8.11. No Representation of Market Integrity: We make no representations or warranties that markets accessible through the Protocol will be free from manipulation, abusive trading strategies, front-running, sandwich transactions, liquidation cascades, or other disruptive trading practices. Users assume all risks associated with such market conditions.
8.12. Autonomous Smart Contracts: The Protocol consists of autonomous protocol-level components of Pod Network. Transactions submitted by users are executed by these smart contracts and validated by the applicable blockchain network.
8.13. No Control Over the Protocol: We do not own, control, or operate the underlying blockchain network or the smart contracts comprising the Protocol. The Interface is a software application that allows users to access publicly available smart contracts, and we do not control or direct how those smart contracts function once deployed. The existing Protocol smart contracts cannot be upgraded or modified by us or, to our knowledge, by Pod Network or any other person.
8.14. No Custody or Intermediation: At no time do we take custody or control of user assets. Users interact directly with the Protocol using their own blockchain wallets and are solely responsible for managing their private keys, assets, and transactions.
8.15. No Ability to Reverse Transactions: Transactions executed through blockchain networks are generally irreversible. We cannot reverse, cancel, or modify transactions once they have been submitted to and confirmed by the applicable blockchain network.
8.16. Interface Availability: We may modify, suspend, restrict, or discontinue access to the Interface at any time. Users acknowledge that the underlying Protocol may remain accessible through other interfaces or methods even if access to this Interface is modified or discontinued.
9. Disclaimers of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
9.1. THE INTERFACE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
9.2. WE DO NOT WARRANT THAT THE INTERFACE WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
9.3. WE DO NOT WARRANT THAT THE INTERFACE WILL BE FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.
9.4. WE DO NOT WARRANT THAT THE INFORMATION, CONTENT, OR MATERIALS AVAILABLE THROUGH THE INTERFACE ARE ACCURATE, RELIABLE, COMPLETE, OR CURRENT.
9.5. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE PROTOCOL, INCLUDING ITS FUNCTIONALITY, SECURITY, AVAILABILITY, OR PERFORMANCE. THE PROTOCOL OPERATES AUTONOMOUSLY THROUGH SMART CONTRACTS THAT WE DO NOT CONTROL.
9.6. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE VALUE, UTILITY, OR LIQUIDITY OF ANY DIGITAL ASSETS.
9.7. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY SERVICES, PRODUCTS, CONTENT, OR MATERIALS ACCESSIBLE THROUGH OR REFERENCED ON THE INTERFACE, INCLUDING WALLET PROVIDERS, ORACLE PROVIDERS, BLOCKCHAIN NETWORKS, OR OTHER PROTOCOL PARTICIPANTS.
9.8. WE DO NOT PROVIDE INVESTMENT, FINANCIAL, LEGAL, TAX, OR OTHER PROFESSIONAL ADVICE. ALL INFORMATION PROVIDED BY OR ON BEHALF OF US AND/OR IN CONNECTION WITH THE INTERFACE, INCLUDING ANY THESIS, RESEARCH, COMMENTARY, OR MODEL WEIGHTINGS, IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS PROFESSIONAL, ACCOUNTING, LEGAL, TAX, OR INVESTMENT ADVICE. THE AVAILABILITY OF ANY THESIS OR ANY AUTOMATIC RE-WEIGHTING FUNCTIONALITY IS NOT A RECOMMENDATION THAT ANY THESIS OR TRANSACTION IS SUITABLE FOR YOU, PAST PERFORMANCE OF ANY THESIS IS NOT INDICATIVE OF FUTURE RESULTS, AND NEITHER WE NOR ANY THESIS AUTHOR ACT AS YOUR INVESTMENT ADVISER, PORTFOLIO MANAGER, OR FIDUCIARY. USERS SHOULD NOT TAKE OR REFRAIN FROM TAKING ANY ACTION IN RELIANCE ON ANY INFORMATION CONTAINED IN THESE TERMS OR PROVIDED BY OR ON BEHALF OF EXOTIC.XYZ. BEFORE USERS MAKE ANY FINANCIAL, LEGAL, OR OTHER DECISIONS INVOLVING THE INTERFACE, USERS SHOULD SEEK INDEPENDENT PROFESSIONAL ADVICE FROM PERSONS LICENSED AND QUALIFIED IN THE AREA FOR WHICH SUCH ADVICE WOULD BE APPROPRIATE.
9.9. NO ADVICE, INFORMATION, OR STATEMENT THAT WE MAKE, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
9.10. WE ARE NOT RESPONSIBLE FOR, AND ASSUME NO LIABILITY FOR, ANY CONTENT THAT YOU, ANY OTHER USER, OR ANY THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, TRANSMITS, RECEIVES, OR STORES ON OR THROUGH THE INTERFACE, INCLUDING ANY THESIS, RESEARCH, COMMENTARY, OR OTHER CONTENT PUBLISHED BY ANY THESIS AUTHOR OR OTHER THIRD PARTY. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OFFENSIVE, MISLEADING, UNLAWFUL, OR OTHERWISE OBJECTIONABLE, AND THAT NONE OF THE EXOTIC.XYZ PARTIES WILL BE RESPONSIBLE OR LIABLE FOR ANY SUCH CONTENT.
9.11. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
10. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
10.1. IN NO EVENT SHALL WE, OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SUPPLIERS (COLLECTIVELY, THE “EXOTIC.XYZ PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITIES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2. IN NO EVENT SHALL THE EXOTIC.XYZ PARTIES BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES ARISING FROM OR RELATED TO:
(a) YOUR USE OF OR INABILITY TO USE THE INTERFACE;
(b) YOUR INTERACTION WITH THE PROTOCOL, INCLUDING ANY TRANSACTIONS, TRADES, POSITIONS, LIQUIDATIONS, OR OTHER ACTIVITIES CONDUCTED THROUGH THE PROTOCOL;
(c) ANY LOSS, THEFT, OR UNAUTHORIZED ACCESS TO YOUR DIGITAL ASSETS, WALLET, PRIVATE KEYS, OR OTHER CREDENTIALS;
(d) ANY ERRORS, BUGS, VULNERABILITIES, OR MALFUNCTIONS IN THE PROTOCOL SMART CONTRACTS, BLOCKCHAIN NETWORKS, OR RELATED SYSTEMS;
(e) ANY INACCURACIES, DELAYS, OR FAILURES IN ORACLE DATA OR PRICE FEEDS;
(f) ANY BLOCKCHAIN NETWORK ISSUES, INCLUDING NETWORK CONGESTION, OR ATTACKS;
(g) ANY ACTIONS OR OMISSIONS OF THIRD PARTIES, INCLUDING WALLET PROVIDERS, ORACLE PROVIDERS, LIQUIDITY PROVIDERS, OTHER PROTOCOL PARTICIPANTS, OR OTHER USERS;
(h) ANY CHANGES IN THE VALUE OF DIGITAL ASSETS OR MARKET CONDITIONS;
(i) ANY REGULATORY ACTIONS OR CHANGES IN APPLICABLE LAWS;
(j) ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE INTERFACE;
(k) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, SYSTEMS, OR DATA;
(l) ANY VIRUSES, MALWARE, OR OTHER HARMFUL CODE TRANSMITTED THROUGH OR IN CONNECTION WITH THE INTERFACE;
(m) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE INTERFACE; OR
(n) ANY OTHER MATTER RELATING TO THE INTERFACE OR PROTOCOL.
10.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE EXOTIC.XYZ PARTIES TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE INTERFACE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE LESSER OF (I) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00) OR (II) THE AMOUNT OF FEES, IF ANY, THAT YOU PAID TO US FOR USE OF THE INTERFACE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS CAP APPLIES IN THE AGGREGATE TO ALL CLAIMS AND IS NOT A PER-CLAIM OR PER-INCIDENT LIMIT. MULTIPLE CLAIMS SHALL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. THIS LIMITATION APPLIES REGARDLESS OF THE NUMBER OF EVENTS, TRANSACTIONS, OR OCCURRENCES GIVING RISE TO LIABILITY.
10.4. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 10 SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 10 REFLECT A REASONABLE ALLOCATION OF RISK BETWEEN YOU AND US AND THAT WE WOULD NOT PROVIDE THE INTERFACE WITHOUT THESE LIMITATIONS. YOU FURTHER ACKNOWLEDGE THAT THESE LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US, AND THAT THE INTERFACE WOULD NOT BE PROVIDED TO YOU ABSENT THESE LIMITATIONS.
11. Indemnification
You agree to indemnify, defend, and hold harmless the Exotic.xyz Parties from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising from or related to:
11.1. Your access to or use of the Interface;
11.2. Your interaction with the Protocol, including any transactions, trades, positions, or other activities;
11.3. Your violation of these Terms or any Applicable Laws;
11.4. Your violation of any rights of any third party, including intellectual property rights, privacy rights, or other proprietary rights;
11.5. Any false, inaccurate, or misleading information you provide;
11.6. Your negligence, willful misconduct, or fraud;
11.7. Any loss, theft, or unauthorized access to your Digital Assets, wallet, or credentials;
11.8. Any dispute between you and any third party, including other users of the Interface or Protocol; or
11.9. Any claim that your use of the Interface caused damage to a third party.
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 cooperate with us in asserting any available defenses. You shall not settle any claim subject to indemnification under this Section 11 without our prior written consent.
This indemnification obligation shall survive the termination of these Terms and your use of the Interface.
12. Governing Law and Arbitration
12.1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the Republic of Costa Rica, without regard to its conflict of law provisions.
12.2. Arbitration Agreement. If you have a potential dispute, controversy, or claim arising out of or relating to these Terms, the Interface, or your use thereof, or the breach, termination, or invalidity thereof (each, a “Dispute”), you shall first (prior to initiating any arbitration hereunder) contact us through our website describing the nature of the Dispute and provide us all relevant documentation and evidence thereof. You shall use commercially reasonable efforts to negotiate a settlement of any such Dispute within 60 days of the delivery of such notice to us. Any such potential Dispute that is not finally resolved by a binding, written settlement agreement within such 60 days shall be brought and resolved exclusively in accordance with the arbitration provisions set out below. To the extent permitted by Applicable Laws, any Dispute not resolved pursuant to the above provisions shall be settled by binding arbitration in George Town, Grand Cayman, Cayman Islands, in accordance with the Arbitration Rules of the Cayman International Mediation and Arbitration Centre (the “CI-MAC Rules”) by a sole arbitrator appointed in accordance with the CI-MAC Rules. This arbitration provision applies only to Disputes regarding our operation of the Interface and our data handling practices. Disputes arising from Protocol execution, transaction outcomes, or on-chain activities are not subject to this arbitration clause, as we do not control or operate the Protocol smart contracts and you do hereby expressly waive your rights against us (if any) in connection with any such Disputes.
12.3. Arbitration Procedures. The arbitration shall be conducted in the English language. The arbitral tribunal shall consist of a sole arbitrator, appointed in accordance with the CI-MAC Rules. The award rendered by the arbitrator shall be final and binding on the parties, and judgment upon the award may be entered in any court having jurisdiction thereof.
12.4. Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, CLASS, OR CONSOLIDATED PROCEEDING.
12.5. Exceptions. Notwithstanding the foregoing arbitration agreement, either party may bring an action in a court of competent jurisdiction to seek injunctive or other equitable relief in connection with any Dispute involving intellectual property rights, confidential information, or unauthorized access to the Interface.
12.6. Costs. Each party shall bear its own costs and expenses in connection with any arbitration, except that the arbitrator may allocate costs and expenses (including attorneys’ fees) to the prevailing party in accordance with the CI-MAC Rules and Applicable Laws.
13. Intellectual Property Rights
13.1. Ownership. The Interface and all content, materials, features, functionality, software, code, text, images, graphics, logos, trademarks, service marks, and other intellectual property available on or through the Interface (collectively, “Content”) are owned by us, our licensors, or other third parties and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
13.2. License to Use Interface. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Interface for your personal, non-commercial use. This license does not include any right to: (a) resell, redistribute, or make commercial use of the Interface or Content; (b) modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from any portion of the Interface; (c) copy, reproduce, or create derivative works based on the Interface or Content; (d) remove, obscure, or alter any proprietary notices, labels, or marks on the Interface; (e) use any data mining, robots, scraping, or similar data gathering or extraction methods in connection with the Interface; (f) frame, mirror, or otherwise incorporate the Interface into any other website or service; (g) use the Interface to develop competing products or services; or (h) access the Interface for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes.
13.3. Protocol Smart Contracts. The Protocol operates through autonomous protocol-level components of Pod Network. While the Protocol smart contracts may be subject to open-source licenses, the Interface, including all proprietary code, design elements, user experience features, and integration layers that enable access to the Protocol, remains our exclusive property. Your interaction with the Protocol smart contracts through third-party means may be governed by applicable open-source licenses and blockchain network rules, but your use of our Interface to access the Protocol is governed exclusively by these Terms. We reserve all rights not expressly granted herein.
13.4. Trademarks. Our name, logos, and all related names, logos, product and service names, designs, slogans, and trade dress are our trademarks or the trademarks of our licensors. You may not use such marks without our prior written permission. Any unauthorized use of our trademarks may constitute trademark infringement and unfair competition in violation of Applicable Laws. All other names, logos, product and service names, designs, and slogans on the Interface are the trademarks of their respective owners.
13.5. Feedback. If you provide us with any feedback, suggestions, ideas, comments, improvements, recommendations, or other information regarding the Interface, Protocol, or our business (collectively, “Feedback”), you hereby irrevocably assign to us all right, title, and interest in and to such Feedback, including all intellectual property rights therein. To the extent such assignment is not legally effective, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit such Feedback in any form, media, or technology, whether now known or hereafter developed, for any purpose whatsoever, including commercial purposes, without any obligation to compensate you, provide attribution, or obtain your further consent. You waive all moral rights in any Feedback and represent and warrant that you have the right to provide such Feedback and grant the foregoing rights.
13.6. Enforcement. We reserve the right to enforce our intellectual property rights to the fullest extent permitted by law. Any unauthorized use of the Content may result in immediate termination of your license to use the Interface, and we may pursue all available legal remedies, including injunctive relief and monetary damages. You agree that monetary damages may be inadequate to compensate us for violations of our intellectual property rights and that we shall be entitled to seek equitable relief, including injunction and specific performance, without the necessity of proving actual damages or posting bond.
14. Privacy and Data Protection
14.1. Your use of the Interface is subject to our Privacy Policy, which describes how we collect, use, disclose, and protect your Personal Information and Usage Data. By accessing or using the Interface, you acknowledge that you have read, understood, and agree to be bound by the Privacy Policy. If you do not agree with the Privacy Policy, you must discontinue use of the Interface immediately. We reserve the right to update the Privacy Policy from time to time, and your continued use of the Interface following any changes constitutes acceptance of the revised Privacy Policy.
14.2. You acknowledge that the Protocol operates through public blockchain networks, and that blockchain transaction data (including wallet addresses, transaction amounts, timestamps, and other transaction details) is permanently recorded on the public blockchain and is accessible to anyone. We do not control blockchain data and cannot modify, delete, or restrict access to blockchain data. You should not interact with the Protocol if you require the ability to delete or modify transaction data.
14.3. We are committed to complying with applicable data protection laws, including Law No. 8968 of the Republic of Costa Rica, the Law for the Protection of Persons against the Processing of their Personal Data (Ley de Protección de la Persona frente al Tratamiento de sus Datos Personales), and its Regulations, Executive Decree No. 37554-JP, as amended (collectively, the “Data Protection Laws”). You acknowledge that your Personal Information may be transferred to, stored and processed in the Cayman Islands and the United States of America, as described in our Privacy Policy. For more information about our data handling practices and your rights under the Data Protection Laws, please review our Privacy Policy.
14.4. Notwithstanding our commitment to data protection, you acknowledge and agree that: (a) we are not responsible for the security of data stored on blockchain networks or in third-party wallets; (b) we are not liable for unauthorized access to or disclosure of information that occurs due to circumstances beyond our reasonable control, including but not limited to blockchain network vulnerabilities, third-party service provider breaches, or your failure to maintain the security of your wallet or private keys; and (c) any claims related to data breaches or privacy violations are subject to the limitation of liability provisions set out in Section 10 (Limitations of Liability).
15. Third-Party Services and Links
15.1. The Interface may contain links to third-party websites, services, or resources, including wallet providers, blockchain explorers, oracle providers, and other services (“Third-Party Services”). We provide these links for your convenience only and do not endorse, control, or assume any responsibility for any Third-Party Services.
15.2. Your use of Third-Party Services is at your own risk and is subject to the terms and conditions and privacy policies of such Third-Party Services. We are not responsible for the content, accuracy, availability, or practices of Third-Party Services, and we shall not be liable for any damages or losses arising from your use of Third-Party Services.
15.3. You acknowledge that Third-Party Services may collect information from you, may have their own terms and privacy policies, and may charge fees for their services. You should review the terms and privacy policies of any Third-Party Services before using them.
16. Modifications to the Interface and Terms
16.1. Modifications to Interface. We reserve the right, in our sole discretion, to modify, suspend, or discontinue the Interface (or any features or functionality thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Interface.
16.2. Modifications to Terms. We reserve the right to update or modify these Terms at any time and from time to time without prior notice. We will post any revised version of these Terms on the Interface and update the “Effective Date” at the beginning of these Terms. If we make any material changes to these Terms, we may notify you through a prominent notice on the Interface, by sending an email to the last email address you provided to us (if applicable), or through other appropriate communication channels.
16.3. Your continued use of the Interface following the posting of changes to these Terms will constitute your acknowledgment and acceptance of such changes. We encourage you to periodically review these Terms to stay informed about how we are protecting your rights and the terms that govern your use of the Interface. If you do not agree with any changes to these Terms, you must discontinue using the Interface. However, you may continue to interact with the Protocol directly through alternative interfaces or blockchain interaction tools.
16.4. Any changes or modifications will be effective immediately upon posting the revised Terms on the Interface. These changes will apply to all information we have about you, as well as any information we may receive in the future.
17. Termination and Suspension
17.1. Termination by You. You may cease using the Interface at any time. You are not required to provide us with notice of termination.
17.2. Termination and Suspension by Us. We reserve the right, in our sole discretion and without liability to you or any third party, to suspend or terminate your access to the Interface, or to block your IP address or wallet address from accessing the Interface, at any time and for any reason or no reason, including if we believe that you have violated these Terms, engaged in prohibited activities, or pose a risk to us, other users, or third parties. Without limiting the foregoing, we may suspend or terminate your access if: you breach any provision of these Terms or any Applicable Laws; you engage in, or are suspected of engaging in, any fraudulent, deceptive, or illegal activities; you are determined to be a Restricted Person or become subject to sanctions or other restrictions; we are required to do so by law, regulation, court order, or government request; we believe such action is necessary to protect our rights or the rights of others; or you engage in any conduct that we believe is detrimental to the Interface, to us or to any other user. We may also suspend or terminate the Interface entirely at any time.
17.3. Effect of Termination. Upon termination of your access to the Interface, your license to use the Interface will immediately terminate. However, termination of your access to the Interface will not affect your ability to interact with the Protocol directly through alternative means, as the Pod Network will continue to operate for as long as its validators do.
17.4. The following Sections shall survive any termination of these Terms: Sections 1 (Definitions and Interpretation), 3 (Eligibility and Representations), 7 (Assumption of Risk), 8 (Further Acknowledgements), 9 (Disclaimers of Warranties), 10 (Limitations of Liability), 11 (Indemnification), 12 (Governing Law and Arbitration), 13 (Intellectual Property Rights), 15 (Third-Party Services and Links), 16 (Modifications to the Interface and Terms), and 18 (General Provisions).
18. General Provisions
18.1. Entire Agreement. These Terms, together with our Privacy Policy and any other policies or agreements expressly incorporated by reference, constitute the entire agreement between you and us regarding your use of the Interface and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter.
18.2. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent, or if such modification is not possible, such provision shall be severed from these Terms. The remaining provisions of these Terms shall remain in full force and effect.
18.3. Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
18.4. Assignment. You may not assign, transfer, or delegate these Terms or your rights or obligations hereunder, in whole or in part, without our prior written consent. Any attempted assignment, transfer, or delegation in violation hereof shall be null and void. We may assign, transfer, or delegate these Terms or our rights or obligations hereunder, in whole or in part, without restriction and without notice to you. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
18.5. Force Majeure. We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, epidemics, pandemics, government action or regulation, failure of telecommunications or internet infrastructure, blockchain network failures or congestion, cyberattacks, power failures, or failures of third-party service providers. During the period of such force majeure event, our performance obligations shall be suspended, and we shall be entitled to a reasonable extension of time for performance. If a force majeure event continues for more than ninety (90) days, we may terminate these Terms upon written notice without liability.
18.6. No Third-Party Beneficiaries. Except as expressly provided with respect to the Exotic.xyz Parties (including, without limitation, any indemnification rights granted to the Exotic.xyz Parties under these Terms), these Terms are for the benefit of, and shall be enforceable by, the parties hereto and their respective successors and permitted assigns. These Terms are not intended to confer any rights or remedies upon any person or entity other than the parties hereto and their respective successors and permitted assigns, provided that the Exotic.xyz Parties shall be entitled to rely upon and enforce any provisions of these Terms expressly granting rights or protections to them, notwithstanding that they are not parties to these Terms.
18.7. Relationship of Parties. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between you and us. You have no authority to bind us or make any representations on our behalf.
18.8. Headings. The headings and captions used in these Terms are for convenience only and shall not affect the interpretation of these Terms.
18.9. Language. These Terms are drafted in the English language. If these Terms are translated into any other language, the English language version shall prevail in the event of any conflict or inconsistency.
18.10. Electronic Communications. By using the Interface, you consent to receive electronic communications from us, including notices, agreements, and disclosures. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
18.11. Notices. All notices to us must be in writing and sent to [email protected]. We may provide notices to you via email to the address (if any) you provided or by posting notices on the Interface. All notices shall be deemed effectively given: (i) upon delivery when delivered by email; or (ii) when posted on the Interface.
18.12. Equitable Relief. You acknowledge and agree that any breach or threatened breach of these Terms may cause us irreparable harm for which monetary damages would not be an adequate remedy, and that we shall be entitled to seek injunctive or other equitable relief in respect of any such breach or threatened breach, in addition to any other remedies available to us at law or in equity, without the necessity of posting any bond or other security or of proving actual damages.