Terms of Service

Terms of Use

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and the company developing Zap ("Zap," “we," “us," or “our”), concerning your access to and use of the application of [https://zap.xyz] as well as any other media form, media channel, mobile Application or mobile Application related, linked, or otherwise connected thereto (collectively, the “application”). You agree that by accessing the Application, you have read, understood, and agreed to be bound by all of these Terms of Use. The Terms you see below are important because they:

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Application so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Application after the date such revised Terms of Use are posted.

The information provided on the Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Zap.xyz is a platform that provides users with access to various software tools, including the Zap Bot (the “Bot”), and the Zap Dashboard (the “Dashboard”), as well as other software collectively referred to as the “App” or “Service.” The App scrapes and aggregates data from multiple Telegram media sources, compiling essential information into a single, user-friendly location and utilizes decentralized technologies, such the Solana blockchain and potentially other blockchains, to facilitate secure and efficient token transactions. The Zap website, https://zap.xyz, offers details about Zap and its range of services, which may include text, images, audio, code, and other materials, as well as third-party information. To access certain features of the Services, you may be required to log in using your Telegram or X account. You agree to provide accurate, current, and complete information during the registration process and to update this information as needed. You are solely responsible for maintaining the confidentiality of your account information and for any activities that occur under your account.

These Terms of Use (the “Terms”) govern the User’s (“User” “you” “your”) access to and use of the services, which include, but are not limited to, Telegram bots, channels, groups and any Application (hereinafter referred to as “Services”) that are created and distributed by Zap when accessed via mobile device or any other electronic device.

1. ACCEPTANCE OF AGREEMENT

THESE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN THE USER’S USE OF THE SERVICES, AND ALL RELATED TOOLS, WEB AND MOBILE APPLICATIONS, SMART CONTRACTS, AND APPLICATION PROGRAMMING INTERFACES (“APIS”) LOCATED AT ANY OF THE COMPANY’S SERVICES, INCLUDING BUT WITHOUT LIMITATION TO, SUCCESSOR APPLICATION(S) THERETO (COLLECTIVELY, THE “PLATFORM”). THESE TERMS SET OUT THE USER’S RIGHTS AND RESPONSIBILITIES WHEN YOU USE THE PLATFORM FOR ANY PURPOSE. BY USING THE SERVICES OR ACCESSING THE PLATFORM IN ANY MANNER, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. BY AGREEING TO THESE TERMS, YOU FURTHER CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE, TOOLS OR THE PLATFORM.

PLEASE BE AWARE THAT THESE TERMS CONTAIN PROVISIONS REGARDING THE RESOLUTION OF DISPUTES BETWEEN YOU AND ZAP, INCLUDING AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND ZAP SHALL BE RESOLVED BY BINDING ARBITRATION. THESE TERMS ALSO CONTAIN A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. PLEASE READ THESE SECTIONS OF THE TERMS CAREFULLY.

Zap does not provide legal, financial, accounting, tax, health care, insurance, real estate or other professional service or advice, and you should consult with professionals for advice prior to making important decisions in these areas.

Any and all limitations of Zap’s liability in these Terms are meant to and do limit the liability of Zap, as well as any and all of Zap’s subsidiaries, affiliates, directors, investors, and employees.

By accessing, submitting information to and/or using the Services, you agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference, and to be in compliance with all applicable laws including, without limitation to, all federal, state and local tax and tariff laws, regulations, and/or directives. In accordance with Article 6 of the General Data Protection Regulation, or “GDPR,” users in the European Union acknowledge and consent to our processing of personal data as essential for the performance of these Terms, applicable agreements, and use of the Services. If you are not in agreement with these Terms, please refrain from using the Services. The Terms of Service are referred to herein as the “Agreement.”

2. AMENDMENTS

We reserve the right to change, modify, or remove the contents of the Application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Application. We also reserve the right to modify or discontinue all or part of the Application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Application.

We cannot guarantee the Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Application during any downtime or discontinuance of the Application. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Application or to supply any corrections, updates, or releases in connection therewith.

3. DEFINITIONS AND INTERPRETATION

3.1 Defined Terms. Unless the context requires otherwise, the following terms in this Agreement shall have the following meanings:

“Affiliate” shall have the meaning, with respect to any party, a person, firm, corporation, partnership, general partnerships, limited partnerships, and limited liability partnerships), limited liability company, or other entities that now or in the future, directly controls, is controlled with or by or is under common control with such party.

“Alpha Callers” shall have the meaning, with respect to any party, individuals who are the owners or participants of any group or telegram channel where trading calls are posted. These individuals are not professional investment advisors and do not provide investment advice.

“Applicable Law” shall have the meaning of all federal and state laws

“Bots” shall refer to Telegram Bots, which are defined as applications that run entirely within Telegram apps and integrate seamlessly with their interfaces.

“Business Day” shall have the meaning of any day (other than a Saturday, Sunday, or legal holiday)

“Content” means any data or information or documents or images provided by or on the Website, the Bots and its software applications, and any information, documents or images on the Company accounts in any third-party social media platforms, including but not limited to Twitter, Instagram, Telegram, Facebook, Discord, Github, Medium, YouTube, and Reddit.

“Order” means an order to buy or sell a Virtual Asset placed through or by the Bots;

“Profile Information” means the information that a User provided to us in order to register for the Service, including as applicable, a Telegram account that allows you to access the Service

“Services” means all the services provided by the Company, including but not limited to the Trading Bot, the Sale Bot, the Website, related websites, the Dapp, hosted software applications, mobile or downloadable software applications, Telegram accounts or Telegram groups, offered by the Company from time to time.

“Sell Bot” means the computer program developed by the Company that automates the process of selling virtual assets, as further described in the Manual.

“Trading call” means a notification received on the Zap bot from a user you have whitelisted.

“User Content” means any content, feedback, suggestions, ideas, or other information or materials about the Company, or the Services, that you provide to the Company through the Website, Telegram, the Services, or any other means including but not limited to blogs, message boards, forums and messaging applications.

“Virtual Assets'' shall mean encrypted currencies or digital assets or digital tokens or virtual currencies or cryptocurrencies which are based on distributed ledger technology and can be digitally traded, or transferred. For the avoidance of doubt, Bitcoin and Ether are Virtual Assets.

“Wallet” means a non-custodial electronic wallet that allows Users to purchase and store cryptocurrencies and tokens, as well as sign and engage in transactions on the Ethereum and its L2s, and Solana blockchains.

“Website” means https://zap.xyz/

3.2 Interpretation. References to Sections and Appendices are to be construed as references to the Sections of, and Appendices to, this Agreement, unless otherwise specified. The singular includes the plural, and the plural includes the singular. All references to hereof, herein, hereunder and other similar compounds of the word here shall mean and refer to this Agreement as a whole. The terms include and including are not limiting in nature. All references to days shall mean calendar days unless it is specified to be Business Days. The use of the word “including” in this Agreement to refer to specific examples shall be construed to mean “including, without limitation” or “including but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered.

4. THE SERVICE

4.1 Purpose of the Services

4.2 Private Beta Program Notice. The Zap Service is currently in Beta testing. Your participation in the Private Beta Program, which remains at the discretion of Zap, is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Service for lawful purposes.

You understand and acknowledge that the Service, its features and Functionality, and any data transmitted through the Service are all being provided as a limited beta program to test out early features of the Service, and underlying code base (“Beta Program”) and are made available on an “AS-IS” and “AS-AVAILABLE” basis for the purpose of testing the Service and providing Zap with feedback regarding its quality and usability.

As part of the Beta Program, from time to time, Zap may include new and/or updated pre-release features and trial Services for your use and which permit you to provide feedback. You understand Zap is not obligated to provide you with any Beta Program features. Furthermore, if you decide to use the Beta Program features, you agree to abide by any rules or restrictions Zap may place on them. By using the Beta Program, you agree to be bound by these terms in equal force as though it were a fully released product Service.

We may discontinue or change any Service or feature of this Beta Program at any time without notice. You understand that once you access or use the Beta Program features, you may be unable to revert to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Program feature back to the earlier version. The Beta Program features may contain errors or inaccuracies that could cause failures, disruption, downtime, corruption, errors or inaccuracies, mistakes or failures in transactions conducted with third parties or on third-party services, or loss of data, Digital Assets, and/or information from any connected device. You acknowledge and agree that all use of the Beta Program features is at your sole risk, and in using the Services these Terms are binding upon you.

4.3 Use of the Services

4.3.1. User Account Responsibility, user understands and agrees that you are solely responsible for maintaining the security of your account and control over any usernames, passwords or any other codes that User uses to access the Service. If you are given or create a password to access the Platform, you are responsible for maintaining the confidentiality of your account and your password. If you use a Wallet to access the Platform, the Company has no way of granting you access to the Application if you lose access to, or control of, your Wallet. You are responsible for all activities that occur under your account, and you agree to notify the Company immediately of any suspected unauthorized use of your account. The Company is not responsible for any loss that you may incur as a result of any unauthorized activity related to your account or your password.

4.3.2 Non-Custodial Status.

As a producer of software services, Zap does not act as a custodian with respect to your Digital Assets. Zap creates software solutions intended to make your own custody and Digital Asset objectives more convenient. Without express cryptographic signatures from users authorizing the utilization of the Turnkey security framework and/or Recovery Method, neither Zap nor any other party has the ability to access, move, or transfer Digital Assets on your behalf. Title to and control over your Digital Assets, with the exception of any duly earned fees by Zap, shall at all times remain with you and shall not transfer to Zap. As the owner of Digital Assets used in connection with the Services, you shall bear all risk of loss of such Digital Assets. Zap shall have no liability for Digital Asset fluctuations. None of the Digital Assets used in connection with the Services are the property of, or shall or may be loaned or transferred to, Zap. Zap does not represent or treat Digital Assets associated with Private Keys generated through your use of the Services as belonging to Zap. At all times, you have sole control over the authentication credentials required to utilize your or their Private Keys and only you have the ability to transfer the Digital Assets associated with those Private Keys. For additional security, you may and are encouraged to relinquish any approval or other connection to Zap’s Functionality at any time, or transfer your digital assets to another custodian or Digital Asset management tool like a cold wallet. Zap does not custody your Digital Assets – while under certain circumstances involving a lost credential your Digital Assets may be recovered directly from Turnkey’s services, Zap does nor provide or facilitate such recovery.

4.3.3. Access. You agree that we have the right to restrict or deny access to the Services through any technical means available. As further described under No Warranty, Zap does not represent or warrant that the Services will be available without interruption. An interruption could result in the inability to access the Services for periods of time and may also lead to support response time delays. Under no circumstances shall Zap be responsible or liable for any direct or indirect losses (including loss of profits, business, or opportunities), damages, or costs suffered by you or any other person or entity due to an interruption in your access to any Services.4.3.4. Security. We are not responsible for any losses, damages, or liabilities incurred as a result of your use of the Bot or reliance on the information it provides. The Bot is provided "as is," and while we strive to ensure accuracy and reliability, we cannot guarantee that the information retrieved or processed by the Bot will be free from errors, inaccuracies, or technical issues. Additionally, we do not assume any responsibility for external risks, such as unauthorized access to your data, cyberattacks, or technical failures that may arise while using the Bot. It is your responsibility to verify any information or actions taken based on the Bot’s outputs and to maintain appropriate security measures, including safeguarding your accounts and credentials.

4.3.5. Customer Service. At any time and in connection with any Services that Zap provides, Zap may make customer service assistance available to you. Subject to and consistent with No Warranty, Zap makes no warranty that the customer service assistance will ever be available, or if made available that the customer service will be available at any particular time or be free of fault or error, and accepts no liability for the accuracy of information provided or statements made by its customer service above and beyond any specific terms contracted for with Zap.

4.4 Transactions and Blockchain Interactions

4.4.1. Transaction Records. Transactions are recorded on the public blockchains. Transactions on the Platform are managed and confirmed via public blockchains including but not limited to Ethereum and its L2s, and Solana blockchains. The User understands that your public address on the relevant blockchain will be made publicly visible whenever it engages in a transaction on the Platform. We neither own nor control any Wallet, the Solana and Ethereum network, or any other blockchain network we interface with, or any other 3rd-party Application or service that Users might access or use for the purpose of enabling the user to access and utilize any feature of the Platform. The Company will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that a User suffers as a result of its transactions or any other interaction with any such third parties.

4.4.2. Gas Fees. All transactions through the Services are facilitated by smart contracts existing on a blockchain network. The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of the Company or the Services. User acknowledges that under no circumstances will a transaction through the Services be invalidated, revocable, retractable, or otherwise refundable on the basis that the Gas Fee for the associated transaction was unknown, too expensive, or otherwise unacceptable to User.

4.5 Our Use of Account Information. Verified Users authorize us to use the account information for all purposes related to the Service, provided that such access shall be used solely for the purpose of providing the Service.

4.6 Prohibitions and Restrictions

4.6.1. Prohibited Uses. You agree that you will not:

4.6.2. Restrictions. Except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, or transmitted in any form or by any means. All copyright and other proprietary notices on the Service must be retained on all copies thereof. You further agree that you will refrain from using the Services for any illegal purpose.

In addition, persons based in Cuba, Iran, North Korea, Syria, the Crimea, Donetsk (“DNR”), and Luhansk (“LNR”) regions of the Ukraine or any other territory that is subject to a government embargo or comprehensive sanctions (Russia), and anyone else prohibited from using the Platform under the laws and regulations of the United States, or any other applicable jurisdiction, are prohibited from using the Application.

This prohibition includes anyone on lists maintained by the United States or other applicable jurisdictions prohibiting transactions with and the export of US products to certain entities, people, and jurisdictions.

4.6.3. Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct in connection with the Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.

4.6.4. Modification. the Company reserves the right, at any time, to modify, suspend, or take down the Services (in whole or in part) and the Services with or without notice to you. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services.

4.6.5. No Support or Maintenance. User acknowledges and agrees that the Company has no obligation to provide you with any support or maintenance in connection with the Services on an ongoing basis.

4.6.6. Account Suspension. User agrees that the Company reserves the right to immediately stop or suspend User’s access to the Services, Application, and the Platform if Company suspects that (i) the User’s account is being used for illegal activities; (ii) the User has engaged in fraudulent activities; or (iii) the User has engaged in transactions that are in violation of these Terms of Use.

4.7 Affiliates. The rights, duties and/or obligations of the Company under this Agreement may be exercised and performed by the Company and any of the Company’s Affiliates, or any of their subcontractors and agents. The Company acknowledges that it shall be solely responsible for the acts or omissions of the Company’s Affiliates, and any subcontractor or agent of the Company or any of the Company’s Affiliates, related to the subject matter hereof. You agree that any claim or action arising out of or related to any act or omission of any of the Company or the Company’s Affiliates, or any of their respective subcontractors or agents, related to the subject matter hereof, shall only be brought against the Company, and not against any of the Company’s Affiliates, or any subcontractor or agent of the Company or any of the Company’s Affiliates.

4.8 Limitations of Bot Usage. We reserve the right to limit or restrict Bot usage for any user or group at our discretion. These limitations may include the implementation of rate limits or other restrictions designed to ensure fair usage and maintain the stability and performance of the Bot for all users. Any abuse or violation of these usage policies may result in the suspension or termination of your access to the Bot or its related services, without prior notice.

5. PRIVACY

We care about data privacy and security. Please review our Privacy Policy. By using the Application, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Application may be hosted in different countries (each a “host country”). If you access the Application from any region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the then host country, then through your continued use of the Application, you are transferring your data to the said host country, and you agree to have your data transferred to and processed in the said host country.

6. THIRD-PARTY LINKS, PRODUCTS AND APPLICATIONS

6.1 Third-party Applications. The Services may contain links to Applications controlled or operated by persons and companies other than the Company (“Linked Applications”), including but not limited to Telegram, BullX, Photon, Dexscreener, Turnkey and Birdeye. Others, as may be utilized from time to time

Telegram https://telegram.org/tos

BullX https://bullx.gitbook.io/bullx

Photon https://pies-organization.gitbook.io/photon-trading/terms-of-use

Dexscreener https://docs.dexscreener.com/privacy/terms-and-conditions

Birdeye https://birdeye.so/terms

Turnkey https://docs.turnkey.com/

Software development can move quickly. You acknowledge that this list of Third Party software providers is provided to you for your information and convenience only. This list may not be fully up to date. For an updated list of Third-Party software that is used by Zap in its Services and Functionality, you may reach out to support@zap.xyz and we can provide any updates accordingly.

Third party platforms are not under the control of the Company, and the Company is not responsible for the contents of any Linked Application, including without limitation any link contained on a Linked Application, or any changes or updates to a Linked Application. The Company is not responsible if the Linked Application is not working properly or for any viruses, malware, or other malicious software attacks resulting from your use of a Linked Application. The inclusion of any link does not imply endorsement by the Company of the Application or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Applications. You are solely responsible for any interaction or business relationship with third parties who support the Company or are identified in the Services, including any delivery of and payment for goods and services. The Company does not store any information shared with a Linked Application and shall not be responsible for any personally identifiable information shared with any Linked Application.

In using Zap’s Services, you hereby acknowledge and agree to be bound by any terms of service of any Third Party Software, and to the maximum extent available under relevant law, and notwithstanding anything to the contrary in any Terms of Service of any Third Party Software any failure of a third party Application resulting in any liability shall be the sole responsibility and liability of that Third Party Software, and not of Zap.

6.2 Third-party Functionality. You acknowledge that your access and use of any third-party Applications or software on our Services and Content is at your own discretion and risk, and the Company bears no liability to you arising from your use of any Third-Party Applications. The Company hereby disclaims any representation, warranty, or guarantee regarding any Third-Party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or suitability for a particular purpose, and any representation, warranty, or guarantee regarding the availability, features, accuracy, completeness, or legality of the Third-Party Applications. You agree to indemnify and hold the Company harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including but without limitation to, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-Party Applications. The Company is not responsible for any personally identifiable information that may be shared with any Third-Party Applications.

The Application, Functionality and App may contain links to or otherwise utilize Third-Party Functionality (including, without limitation, Dapps), and may leverage or plug into such Third-Party Functionality, such as Jupiter (https://jup.ag/), to enable certain features, such as the Swap Function. When using a Dapp, the Swap Function or other Third-Party Functionality, you understand that you are at no time transferring your assets or private keys to us. We provide the Application and access to the Swap Function of other Third-Party Functionality only as a convenience to you. Should you choose to do so, you may access the software of these Third Parties independently. We do not have control over any Third Party’s content or functionality, and do not warrant or endorse, and we are not responsible for, the availability or legitimacy of, the content, products, or functionality made accessible via by any function provided by the Third Parties (including any related Application, resources or links displayed therein). There are many methods to perform the sorts of functions provided by the Services or Functionality, and Zap solely provides one method for its Users for convenience purposes. As such, you acknowledge that convenience can come at the cost of optimal security measures.

To maximize security, users can remove any access that may have been granted to Zap or the Functionality. You acknowledge that the proper operation of Zap Services and Functionality relies upon the proper functioning of the Third-Party software upon which Zap relies. We do not and cannot make any warranties or representations, express or implied, about the Swap Function, Security system, the Solana and Ethereum blockchain or any other blockchain networks upon which Zap relies, or other software that is generated by Third Parties. We make no representations, warranties, or assurances that the software of Third Parties, or any information contained or used by them, have any particular suitability, accuracy, or functionality. You acknowledge your sole responsibility for and assume all risk arising from your use of the Functionality including any Third-Party Application, Application, or resource. You are solely responsible for performing diligence on the Third-Party Functionality to ensure the risks associated fit your individual needs.

6.3 Social network access. As part of the functionality of the Application, you must link your Telegram account (considered a “Third-Party Account”) allowing us to access your account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Telegram account login information to us and/or grant us access to your Telegram account, without breach by you of any of the terms and conditions that govern your use of the Telegram Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Application via your account, including without limitation any channels, groups and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Personally identifiable information that you post to your Telegram account may be available on and through your account on the Application. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Application. You will have the ability to disable the connection between your account on the Application and your Third-Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You can deactivate the connection between the Application and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable).

6.4 Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, our partners or any other third party or any Third-party Links and Applications).

6.5 Indemnity. You hereby agree to indemnify and otherwise hold harmless the Company for any obligation, liability, action, or cause of action that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, actions taken by you in relation to your use of the Service in connection with our partners or any other third party or any Third-party Links and Applications.

7. INTELLECTUAL PROPERTY

7.1 Company Intellectual Property. User acknowledges and agrees that the Company owns all legal rights and interest in and to all elements of the Services. The Company logo, graphics, design, user interface, Application design, mobile code, services, data, and all elements of the Platform (collectively, the “Company Assets”) are owned by the Company. The Services, Platform, Company Assets, and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. You are not permitted to use the Services or Content in any manner, except as expressly permitted by the Company in these Terms. The Services or Content shall not be copied, reproduced, modified, published, transmitted or distributed in any way.

Notwithstanding anything to the contrary herein, You understand and agree that You shall have no ownership or other property interest in your account, and You further agree that all rights in and to your account are and shall forever be owned by and insure to the benefit of the Company.

7.2 Non-Company Intellectual Property. Outside the Company Assets, all other trademarks, product names, logos, and similar intellectual property on the Platform are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder.

7.3 Digital Millennium Copyright Act Compliance

Notification. We take claims of copyright infringement very seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringes upon your copyright, you may request removal of those materials from the Services by submitting written notification to the Company. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), your written notice (the "DMCA Notice") should include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity
  4. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and an email address
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notification is accurate
  7. Under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8. INDEMNIFICATION

Without limiting any of the foregoing, you agree to release, indemnify, and hold harmless the Company and its Affiliates, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way related to: (a) your access to, use of, or inability to use the Services (b) your breach of this Agreement; (c) your violation of any rights of a third party; (d) your violation of any Applicable Law; and (e) any and all financial losses you may suffer, or cause others to suffer, due to the buying and selling of tokens whether or not such trades were made due to information learned on the Platform or through the Service.

9. RISKS & DISCLAIMERS

Trading Virtual Assets is risky and you should never trade more than you can afford to lose. The following list of risks associated with Virtual Assets, and the Services is not exhaustive.

9.1. Risk of Trading Virtual Assets

9.1.1 General Trading Risks. The prices of blockchain assets are extremely volatile and large changes in the price of other digital assets could materially and adversely affect the value of tokens, which themselves may also be subject to significant price volatility due to supply and demand and the popularity of specific tokens. The Platform, cryptocurrencies, and other digital assets may be impacted by one or more regulatory inquiries or pending regulatory action. The Company makes absolutely no representations or warranties of any kind regarding the value of tokens or other digital assets.

We do not advise on the merits of any particular Virtual Assets or transactions in Virtual Assets. We do not advise on transactions, or associated risks, or provide any other financial, investment or legal advice in connection with the Services. To the extent that we do provide market or trading data, or make social media posts, the act of doing so is incidental to your relationship with us and such information shall not be considered as investment or financial advice and should not be construed as such. BUYING OR SELLING VIRTUAL ASSETS IS SOLELY THE USER’S DECISION AND WE WILL NOT BE LIABLE FOR ANY CONSEQUENT LOSS.

We do not guarantee continuous, uninterrupted or secure access to any part of the Services, and operation of our Services may be interfered with by numerous factors outside of our control.

The software protocols that underlie Virtual Assets are typically open source projects, which means that (i) the development and control of such Virtual Assets is outside of the Company’s control and (ii) such software protocols are subject to sudden and dramatic changes that might have a significant impact on the availability, usability or value of a given Virtual Asset. You are aware of and accept the risk of operational challenges. the Services may experience sophisticated cyber attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to the Services. You understand that the Services may experience operational issues that lead to delays. You agree to accept the risk of unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You agree not to hold the Company accountable for any related losses. You claim full responsibility for monitoring such technological changes and understanding their consequences for your Virtual Assets. Users conduct all trading on their own through their own controlled Wallets and the Company does not take any responsibility for any loss or damage incurred as a result of your access and/or use of the Services or your failure to understand the risks involved associated with Virtual Assets use generally or your use of the Services.

The technology utilized in delivering the Services and transferring any Virtual Assets or the information or works therein depends on public peer-to-peer networks such as distributed ledger technology that are not under the control or influence of the Company and are subject to many risks and uncertainties. The Company may have limited or no ability to change these technologies, other than ceasing to support certain “smart contracts” and adding support for new “smart contracts”. You are solely responsible for the safekeeping of the private key associated with the blockchain address used to access and/or use the Services. The Company will not be able to restore or issue any refunds due to lost private keys. If you are not able to use the Services due to loss or theft of a private key or otherwise, The Company does not guarantee and is not responsible for your ability to exercise their rights with respect to the Virtual Assets.

Blockchain technologies and Virtual Assets are subject to many legal and regulatory uncertainties, and the Services be adversely impacted by one or more regulatory or legal inquiries, actions, suits, investigations, claims, fines or judgments, which could impede or limit your ability to continue the use and enjoyment of such assets and technologies.

9.1.2. Information Accuracy Disclaimer. While we strive for accuracy, the Bot's information should not be considered financial advice. Always verify critical information independently.

9.1.3. User Acknowledges the Risk of Cryptocurrency and Smart Contracts. You represent and warrant that you understand and are willing to accept the risks associated with cryptographic systems such as smart contracts and public blockchain networks (including but not limited to the Solana and Ethereum blockchain network).

9.1.4. Warranty Disclaimer for the Bot. The Bot is provided 'as is' without any warranties, express or implied.

9.1.5. No Liability for Bot Use. We are not responsible for any losses or damages resulting from your use of the Bot or reliance on its information.

9.1.6. Limitation on Damages. We are not liable for any indirect, incidental, special, consequential, or punitive damages.

9.1.7. Responsibility for Technical Errors on Any Blockchain. Company is not responsible for losses due to blockchains or any other features of the Solana and Ethereum network or any other blockchain network that the Company may include in the Services or Platform, or any wallet on any blockchain network, or losses due to forks, technical issues or any other issues that may result in financial loss.

Upgrades to the Solana and Ethereum platform or any other blockchain network with which Company may include in the Services or Platform, a hard fork in any such platform, or a change in how transactions are confirmed on any such platform may have unintended and negative effects on all blockchains.

9.1.8. Platform Risk Acknowledgment. You acknowledge that the Platform is subject to flaws and acknowledge that you are solely responsible for evaluating any information provided by the Platform. This warning and others provided in this Agreement by Company is in no way evidence nor do they represent an ongoing duty to alert you of all potential risks when you are utilizing or accessing the Platform. The Platform may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Platform. You agree to accept the risk of the Platform failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold the Company accountable for any related losses.

9.1.9. User Content Disclaimer. User Content is not authored, moderated, or reviewed by Zap. Any aggregated or summarized User Content, performed by AI tools or other software generated by Zap, shall remain User Content, and shall not change its status as such. Neither Zap nor its representatives endorse or hold views about any particular Digital Asset. You acknowledge that Zap does not control or moderate User Content and any views generated therein are solely the views of the author. To the extent that Zap aggregates, summarizes, or synthesizes and comments, such aggregation is a summarization provided for the convenience of Users and does not indicate a view of Zap or any of its employees or affiliates.

Users acknowledge that, in certain instances, where they have removed their User Content by specifically deleting it, some of their User Content (such as posts or comments they make) may not be completely removed and copies of their User Content may continue to exist on the Functionality. Zap is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any User Content.

9.1.10. User Content License. Users grant Zap a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, sublicensable, and transferable license to use, copy, distribute, create derivative works of, publicly display, and publicly perform their User Content, subject to the Privacy Policy.

Users warrant and represent that they have the right and authority to submit their User Content and that neither their User Content nor any part thereof infringes, misappropriates, or otherwise violates the intellectual property rights or any other rights of any person.

9.1.11. Financial Risk of Digital Assets. The risk of loss in trading digital assets can be substantial. You should, therefore, carefully consider whether such creating, buying or selling digital assets is suitable for you in light of your circumstances and financial resources. By using the Platform, you represent that you are solely responsible for making your own independent appraisal and investigations into the risks of a given transaction and the underlying digital assets. You represent that you have sufficient knowledge, professional advice, and experience to make your own evaluation of the potential gains and losses of any transaction conducted via any digital asset. Under no circumstances shall the Company be financially liable for your use of the Platform in connection with your buying or selling of any digital asset transactions.

9.1.12. Release of Liability for Violations by Other Users. The User irrevocably releases, acquits, and forever discharges Company and its subsidiaries, affiliates, officers, and successors from any and all past or future causes of action, suits, or controversies arising out of another User’s violation of these Terms. 9.1.8. Violations by other Users

9.1.13. Alpha Caller Disclaimer. Alpha Callers are not employees, agents, or representatives of any kind of the Company. Any content, advice, prediction, or estimates provided by Alpha Callers should not be construed as financial advice. In addition, any content, advice, prediction, or estimates provided by Alpha Callers are solely the speech and content of the Alpha Callers and shall not in any way be considered the speech or content of the Company. The Company does not control and does not take responsibility for any content, advice, prediction, or estimates provided by Alpha Callers. Alpha Callers are not professional investment advisors and the content posted by them should only be considered informational. The User agrees that the use of the information provided by Alpha Callers is risky and may lead to monetary losses. The User further agrees that they will not hold the Company or any of the Alpha Callers liable for financial losses arising from the User’s decision to purchase tokens or other digital assets.

9.2. Protection of User Information and Trades: Zap does not engage in trading activities on or against user information and trades. The user acknowledges Zap’s commitment to maintain the confidentiality and integrity of user data and transactions, as described in its Privacy Policy.

9.2.1. Non-custodial Status. Zap is a developer of software. Zap is not a broker, nor is it a dealer or arranger, nor does it operate a Digital Asset exchange platform or offer trade execution or clearing services and, therefore, has no oversight, involvement, or control concerning the transactions you choose to conduct via the Functionality. It is not a custodian of Digital Assets, and it is not a Qualified Custodian. All transactions between users of Zap-developed software are executed through third party providers.

9.3. Eligibility. Accessing and/or using the Services is intended for and extended only to a Person who is an Eligible Person. Accordingly, if you are not an Eligible Person, you are not eligible to access and/or use the Services. If you are not an Eligible Person, or if you are acting on behalf of a Person that is not an Eligible Person, you must not access and/or use the Services.

9.4. Order Execution Disclaimer: Due to network delay, computer system failures and other force majeure, which may lead to delay, suspension or deviation of the Services. The Company shall use commercially reasonable effort to ensure but not promise that the Service execution system runs stably and effectively. The Company does not take any responsibility if the final execution of the trades performed through the Services do not match your expectations due to the above factors.

9.5 Fees.

  1. Accessing and/or using the Services may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are specified Virtual Assets or fiat currency and are non-refundable.
  2. Buying, selling, or transferring Virtual Assets through the Services may be subject to fees, commissions, royalties and other charges including:
    1. standard exchange service fees associated with transactions on the relevant blockchain between Persons (“Exchange Fees”); and
    2. “Gas Fees” paid to Blockchain miners through your Wallet as consideration for processing your transactions (collectively together with the Exchange Fees, the “Transaction Fees”).

The Transaction Fees applicable to any Services, including additional fees or charges, may change with or without advance notice to you.

  1. Fees arising out of the Company providing the Services are set forth on the Website, you agree to pay all applicable non-refundable fees and you authorise the Company to automatically deduct fees directly from the transaction amounts. We may, at our discretion, update the fees at any time.
  2. The Company reserves the right to determine pricing for any of the Services. The Company will make reasonable efforts to keep pricing information published on the Website up to date. The Company may change the fees for any Services, including additional fees or charges, and the Company may give you advance notice of any such changes. The Company, at its sole discretion, may make promotional offers with different features and different pricing to any of the Users. These promotional offers, unless made to you, will not apply to your offer or this Agreement.
  3. The Services may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Services. The Subscription Service will begin on the Subscription Billing Date and continue for the relevant chosen subscription period (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or the Company terminates it. If you activate a Subscription Service, then you authorize the Company to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. You will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. The Company or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us.

9.6 KYC Process. The Company reserves the right to impose requirements to the User for accessing and/or using the Services, including but not limited to the User passing a KYC Process.

9.7 Suspension of Services. The Company reserves the right, in its sole discretion, to reject the provision of the Services to specific Users or to Users in general, at any time and for any reason.

10. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER

10.1 Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FINANCIAL LOSS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, PLATFORM, THE APPLICATION OR THE SERVICES, CONTENT OR INFORMATION ACCESSED VIA THE APPLICATION OR ANY HYPERLINKED APPLICATION, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE APPLICATION, OR THE SERVICE EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES OR SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSONAL PROPERTY, OR LOSS OF DATA RESULTING THEREFROM.

10.2 No Warranties.

ALL INFORMATION OR SERVICES PROVIDED BY THE COMPANY TO YOU VIA THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ANY THIRD-PARTY LICENSORS WITH CONTENT ON THE SERVICES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE APPLICATION OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE SERVICES. THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE SERVICES OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SERVICES OR THE CONTENT IS TO CEASE YOUR USE OF THE PLATFORM, APPLICATION AND/OR THE SERVICES.

10.3 The Company is not a financial planner or investment adviser.

NEITHER THE COMPANY NOR THE PLATFORM NOR THE SERVICES ARE INTENDED TO PROVIDE INVESTMENT OR FINANCIAL ADVICE. THE COMPANY IS NOT A FINANCIAL OR TAX PLANNER AND DOES NOT OFFER LEGAL ADVICE TO ANY USER OF THE SERVICES.

THE PROVISION OF INFORMATIONAL MATERIALS DOES NOT MAKE USER-INITIATED SWAPS IN THOSE TOKENS SOLICITED; ZAP IS NOT ATTEMPTING TO INDUCE USERS TO MAKE ANY SWAP OR PERFORM ANY OTHER FUNCTION AVAILABLE BY THE FUNCTIONALITY AS A RESULT OF INFORMATION PROVIDED. ALL SUCH INFORMATION PROVIDED BY ANY OF ZAP'S PRODUCTS IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS INVESTMENT ADVICE OR A RECOMMENDATION THAT A PARTICULAR TOKEN IS A SAFE OR SOUND INVESTMENT. USERS SHOULD NOT TAKE, OR REFRAIN FROM TAKING, ANY ACTION BASED ON ANY INFORMATION CONTAINED IN ANY OF ZAP'S PRODUCTS. BY DISPLAYING CALLS AND TOKEN INFORMATION FOR USERS' CONVENIENCE, ZAP DOES NOT MAKE ANY INVESTMENT RECOMMENDATIONS OR OPINE ON THE MERITS OF ANY TRANSACTION OR OPPORTUNITY. USERS ALONE ARE RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY, OR RELATED TRANSACTION IS APPROPRIATE BASED ON THEIR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES, AND RISK TOLERANCE. ANY AGGREGATE OR SENTIMENT INFORMATION PROVIDED BY ANY OF ZAP'S SERVICES ARE THE SOLE VIEWS OF THE ORIGINAL AUTHORS OF SUCH CONTENT AND ARE IN NO CIRCUMSTANCE DEEMED TO BE A VIEW OF ZAP OR ANY OF ITS AUTHORS, BOARD, EMPLOYEES, OFFICERS, ADVISORS, OR OTHER RELATED PERSONNEL. ZAP OFFERS NO VIEWS OR ADVICE FOR ANY PARTICULAR TOKEN, TRADING STRATEGY, PROTOCOL, OR SYSTEM.

11. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the platform and shall continue to govern all conduct and actions taken by you while using the platform even if you cease to use the platform and services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

12. GENERAL TERMS

12.1 Changes to these Terms of Use.

The Company may update or change these Terms from time to time in order to reflect changes in any of the Company’s Product or Services, changes in the legislation, or for other reasons as deemed necessary by the Company. The effective date of any Terms will be reflected in the “Last Updated” entry at the top of these Terms. Your continued use of the services after the communication of any such change constitutes your consent to such change.

12.2 Waiver.

The waiver by the Company of a breach of any provision contained herein shall be in writing and shall in no way be construed as a waiver of any subsequent breach of such provision or the waiver of the provision itself.

12.3 Governing Law & Jurisdiction.

These Terms are governed by the laws of Singapore. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in the state of Singapore in all disputes arising out of or relating to the use of the Services that are not subject to the Arbitration Agreement outlined in Section 12.4.

12.4 Dispute Resolution.

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with the Company and limits the manner in which you can seek relief from us. It is part of your contract with the Company and affects your rights. It contains procedures of mandatory binding arbitration and a class action waiver.

12.4 (a) Applicability of Arbitration Agreement.

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement or the use of any Product or Service provided by the Company that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement. This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.

12.4 (b) Interpretation of this Arbitration Clause.

You understand that any determinations regarding the validity of or interpretation of the Arbitration Clause in this agreement shall be made by the arbitrator(s) and not by a court of law.

12.4(c) Waiver of Jury Trial.

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS IF ANY TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

12.4(d) Waiver of Class or Consolidated Actions.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

12.4(e) 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 within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Wallet address, and an unequivocal statement that you wish to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter into in the future, with the Company. You may not opt of of the Waiver of Class or Consolidated Actions. You may email your written notification to:

support@zap.xyz

12.4 (f) Confidentiality.

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

12.4 (g) Severability.

If any part or parts of this Arbitration Agreement are found to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

12.4 (h) Right to Waive.

Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

12.4 (i) Survival of Agreement.

This Arbitration Agreement will survive the termination of your relationship with the Company.

12.4 (j) Emergency Equitable Relief.

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

12.4 (k) Courts.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the provincial courts located in the state of Singapore, for such purpose.

12.5 Attorneys’ Fees and Costs.

In addition to any relief, order, or award that is entered by an arbiter or court, any Party found to be the substantially losing Party in any dispute shall be required to pay the reasonable attorneys’ fees and costs of any Party determined to be the substantially prevailing Party, and such losing Party, shall also reimburse or pay any of the arbitrator’s fees and expenses incurred by the prevailing Party in any arbitration.

12.6 Third Party Beneficiaries.

Notwithstanding Section 12.7, this Agreement and the rights and obligations hereunder shall bind and insure to the benefit of the parties and their successors and permitted assigns. Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties and their successors and permitted assigns, any of the rights hereunder.

12.7 Entire Agreement.

This Agreement and each of its exhibits or appendices, constitute and contain the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements. Each party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.

12.8 Severability.

If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full effect and shall be binding upon the parties and shall continue to be enforceable, as if the aforementioned invalid or unenforceable provision (or portion thereof) were not contained in this Agreement.

12.9 Assignment.

You may not assign or transfer any rights hereunder without the prior written consent of the Company. Except as provided in this section, any attempts you make to assign any of your rights or divest any of your duties hereunder without the prior written consent of the Company shall be null and void. The Company may assign this Agreement or any rights hereunder without consent.