Terms of Service

**LAST UPDATED: 01/01/2026

SCOPE

These terms, and the accompanying privacy policy at splash.bid, which is incorporated into and a part of these terms, govern the use of the Splash website at splashwallet.xyz, the associated mobile and desktop applications, any API or interface made available by Cybernetics Incorporated that allows interaction with decentralized and autonomous smart contracts, and the associated tools and services.

Collectively, the website and the associated tools and services are referred to as the “Services” in these terms. The operator may offer other products and services.

The Services do not include outside websites or platforms which may be linked or interconnected to the Services. Such outside platforms may have their own terms of service, which control for all transactions on such platforms. These outside platforms may include, but are not limited to:

The Hyperliquid interface, owned by HyperLiquid Corp., at app.hyperliquid.xyz

Cybernetics Incorporated **(Splash, Splash Wallet, “We,”) is not responsible for any transactions on any outside platform and disclaims all liability for such transactions, including but not limited to any losses, fees, failed executions, or other consequences arising from interactions with such outside platforms.

These terms include important provisions governing your use of the Services. These provisions affect matters such as your right to use the Services, actions you are prohibited from taking with respect to the Services, disclaimers regarding liability, and your waiver of the right to bring a suit in a court of law and to a jury trial, and the requirement that any dispute between you and the operator be resolved by binding individual arbitration.

Before using the Services, make sure that you read and understand all these terms and the accompanying privacy policy at splash.bid.

Cybernetics Incorporated**,** a Delaware C Corporation, operates the Services. It and its affiliates are referred to in this document as the “Cybernetics Incorporated,” “Cybernetics,” “Splash,” “operator,” “Operator,” “we,” or “us.”

IMPORTANT NOTICE

These terms include several especially important provisions that affect your rights and responsibilities, including but not limited to (1) the disclaimers in Disclaimers, which limit the Operator's legal liability to you (the User) in Limits on Liability, (2) your agreement to reimburse the operator for problems caused by your misuse of the Services in Your Responsibility, and (3) an agreement about how to resolve disputes in Disputes. This list is non-exhaustive and intended solely to bring your careful attention to those provisions.

Using the Services may require that you pay a fee to other users of the Services (such as merchants) or to the operator. Using the Services may also require that you pay a fee to parties other than users or the operator, such as gas fees on the blockchain to perform a transaction on any relevant blockchain protocol or smart contract transaction, or to third-party service providers such as on-and-off ramps. You acknowledge and agree that the operator has no control over any such transactions, the method of payment of such transactions, or any actual payments of transactions. Accordingly, you must ensure that you have the necessary balance of the applicable cryptocurrency tokens stored at your protocol-compatible wallet address, secured by your own private keys, to complete any transaction on the blockchain or Services before initiating such transaction.

YOUR PERMISSION TO USE THE SERVICES

Subject to these terms, Cybernetics Incorporated gives you permission to use the Services. This permission is non-transferrable. Others are strictly required to agree to these terms themselves in order to use the Services.

CONDITIONS FOR USE OF THE SERVICES

Your permission to use the Services is strictly conditioned upon and subject to the following conditions:

You must be at least eighteen years old.
You are not barred from using the Services under applicable law.
You may no longer use the Services if the Operator restricts your use or otherwise tells you that you may not.
You must follow and comply with Acceptable Use and Content Standards.
You are not a resident, national, or agent of the Crimea region, Cuba, Iran, North Korea, Syria, or any other country to which the United States, the United Kingdom, or the European Union embargoes goods or imposes similar sanctions.
You have not been identified as a Specially Designated National or placed on any sanctions list by the U.S. Treasury Department's Office of Foreign Assets Control, the U.S. Commerce Department, or the U.S. Department of State.
You will not use our Services to conduct ANY illegal or illicit activity.
You have not been placed on any of the following lists: European External Action Service Consolidated Financial Sanctions List; EU Terrorist List; FATF Non-Cooperative Countries and Territories; Federal Bureau of Investigation Most Wanted Terrorists & Seeking Information; Bank of England Sanctions List; HM Treasury Sanctions List; Politically Exposed Persons List; World Bank Ineligible Firms; Department of Foreign Affairs and Trade Consolidated List.
You are not otherwise restricted from using the services due to any provision of these terms, or any specific restrictions discussed below.
You are using the Services only for your own personal use.

CERTAIN FUNCTIONALITY, INCLUDING THE ABILITY TO INTERACT WITH THE HYPERLIQUID PROTOCOL, IS NOT AVAILABLE TO USERS LOCATED IN THE UNITED STATES OR OTHER JURISDICTIONS.

ACCESS TO THE APP OR SERVICES ARE STRICTLY PROHIBITED IF YOU ARE RESTRICTED FROM USING THEM UNDER APPLICABLE LAW.

THE OPERATOR DOES NOT MAKE EXCEPTIONS TO THESE RESTRICTIONS. IF YOU ARE A RESTRICTED PERSON, DO NOT ATTEMPT TO USE THE APP OR ANY RELATED SERVICES. USE OF A VIRTUAL PRIVATE NETWORK ("VPN") OR ANY OTHER SIMILAR MEANS INTENDED TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.

The operator reserves the right to suspend, limit, or terminate access to the Services for any user who violates these Terms or engages in unlawful activity at its sole discretion and without prior notice.

THE SERVICES

The App is a visual representation of the underlying smart contracts for the Hyperliquid protocol or other relevant blockchain protocols (the 'Protocol', 'Protocols', "Third Party Protocol(s)', which may include Hyperliquid, HyperCore, and such other blockchain protocols as the operator may support from time to time, which are comprised of open-source and permissionless software. The App provides an interface which allows users to view and administer their interactions with these Protocols.

The operator has not deployed any of the underlying smart contracts which the App's visual representation allows users to view. These smart contracts exist on third-party blockchains and are entirely permissionless to access. You may call the functions of these smart contracts outside of the App by calling the functions using any wallet provider or web browser, or access them via the interface provided by the app.

The App solely functions as a visual user interface. None of the operator, the smart contracts underlying any Protocol, or the App are a digital asset exchange, broker, dealer, fund manager, financial institution, custodian, robo-advisor, intermediary, creditor, or counterparty. The operator is not a counterparty to any transaction facilitated by the smart contracts underlying any Protocol, the App, or for any user of the App. Neither the smart contracts nor the App provides financial advisory, legal, regulatory, or tax services directly, indirectly, implicity, or in any other manner, and you should not consider any content contained in these terms or otherwise posted on the App to be a substitute for professional financial, legal, regulatory, tax, or other advice.

The operator does not develop nor deploy any smart contracts made accessible through the Services. The smart contracts the Services interface with are fully open-source and deployed by third parties. Users can interact with the same smart contracts directly, including to develop and build their own user interfaces on top of such smart contracts.

By accessing any Third-Party Protocol via the App, users would be able to access a digital wallet service allowing them to self-custody and self-administer their digital assets, as well as trade digital asset pairs and perpetual contracts directly in a peer-to-peer manner. Users will be able to access decentralized liquidity pools to provide liquidity for other users of Third-Party Protocols. The digital assets accessible via the Third-Party Protocols and presented via the App's interface are various fungible cryptocurrencies available in the market but are strictly those made available by the Third-Party Protocols.

All transactions on the Third-Party Protocols operate in a peer-to-peer manner. Traders on the Third-Party Protocols enter a direct contractual relationship with other users and/or supported third party protocols via the autonomous smart contracts underlying the relevant Protocol, which enforce that contractual relationship autonomously and immutably. There is no control by or interaction with the operator whatsoever. The operator is NOT a party to the direct contractual relationship and is NOT liable for performance of ANY obligations therein. The operator DOES NOT bear ANY financial or commercial risk or provide ANY warranties or assurances in connection with the same.

The App merely provides a visual user interface allowing users to access liquidity provided by liquidity providers on public blockchains; but does not act as an agent for any of the users or otherwise facilitate, broker, or act as an intermediary for any transaction made by the user or for any user. Although the App is intended to display accurate and timely information regarding possible swaps and blockchain transactions, the App or tools may not always be entirely accurate, complete, or current and may also include technical or typographical errors.

Access to the smart contracts underlying any Protocol or the App may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to interact with third-party services for periods of time and may also lead to support response time delays. The operator cannot guarantee that the Services will be available without interruption, and does not guarantee that requests to interact with third-party services will be successful.

THE PRICING INFORMATION DATA PROVIDED THROUGH THE APP DOES NOT REPRESENT AN OFFER, A SOLICITATION OF AN OFFER, OR ANY ADVICE REGARDING, OR RECOMMENDATION TO ENTER INTO, A TRANSACTION WITH THE OPERATOR OR THE APP.

Our Services may change over time. We reserve the right in our sole discretion to modify or discontinue any parts of the Services at any times and without any liability or obligation to notify you.

NON-CUSTODIAL

The App and the underlying Third-Party Protocols are non-custodial in nature. As such, neither the App nor Protocol holds or controls your digital assets or private keys.

Any digital assets which you may acquire through the usage of the App or the Protocol will be held and administered solely by you; you remain in full control of your digital assets, which are not held or controlled in any way by the operator. We neither own nor control the relevant blockchain network on which digital assets are recorded, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the App or any Third-Party Protocol.

We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer resulting from your transactions or any other interaction with any such third parties.

We will not create any hosted wallet for you or otherwise custody digital assets on your behalf. Your keys, Your Crypto. Cybernetics Inc never has access to your private keys and will never ask for them. You are solely responsible for safekeeping your private keys and digital assets.

Your private key(s) to your digital wallet/address will be encrypted and stored using Privy's embedded wallet infrastructure.

Privy is a third-party wallet provider, and their terms of service can be found here: https://www.privy.io/user-terms-of-service.

ACCEPTABLE USE

You may not break the law using the Services. This includes, for example, breaking any applicable law, rule, or regulation concerning the integrity of trading markets, such as wash trading, spoofing, or any other practice intended to deceive market participants. This also includes money laundering, terrorism financing, proliferation financing, or any other illegal financial activity. If the Operator determines that you have broken the law, it will revoke your access. However, the Operator is not obliged to inform you of any potential liabilities or violations of law or regulations. You are solely and entirely responsible for compliance with ALL laws and regulations that may apply to you.
You may not exploit any errors, bugs, vulnerabilities, or unintended features of the Service, or any associated code. This includes, for example, attempts to gain any unauthorized access or manipulate transactions. This also includes exploiting vulnerabilities in the leverage or liquidation mechanisms of the Third Party Protocols; such as efforts to distort market pricing by exploiting smart contracts, manipulating protocol weaknesses, misrepresenting the value of collateral via oracle manipulation, or otherwise creating any artificial disruptions.
You may not try to use anyone else's account on the Services (or to connect to the App with any else's wallet).
You may not make publicly available the personal information of other people using the Services.
You may not send advertisements, chain letters, or other solicitations through the Services, or use the Services to gather wallet addresses for distribution lists. It is possible that you acquire that same information via public blockchain access, as every single transaction affected by the user of the App will be publicly broadcast. However, you may not use the Services to solicit or gather those wallet addresses.
You may not falsely imply that you're affiliated with or endorsed by the operator.
You may not remove any marks showing proprietary ownership from materials you downloaded from the App.
You may not disable, avoid, or circumvent any security or access restrictions of the Services. This includes, for example, using technologies such as VPNs or other methods to conceal your location; misrepresenting your residency; or engaging in any other activity designed to evade the restrictions set forth in these terms or applicable laws.
You may not strain infrastructure of the Services with an unreasonable volume or requests, or requests designed to impose an unreasonable load on information systems the operator users to provide the Services. This includes, for example, using bots, scripts, or other automated methods to interact with the Services or the App in ways that exceed reasonable usage, bypass rate limits, cause denial-of-service conditions, or disrupt the normal functioning of the Services or related systems.
You may not "scrape" or otherwise use any automated means to access the Services or collect any information from the services, except to index the public-facing portions of the Services from a search engine.
You may not impersonate others through the Services.
You may not reverse engineer or "decompile" any of the Services or the App.
You may not use a modified device to use the Services if modification is contrary to the manufacturer's software or hardware guidelines. This includes disabling hardware or software controls, commonly referred to as "jail breaking."
You may not encourage or assist anyone in violation of these terms.
You may not buy, sell, or otherwise trade usernames or other unique user or account identifiers on the Services.

CONTENT STANDARDS

You may not engage in conduct or submit content to the Services that is illegal, defamatory, offensive, or otherwise harmful to others. This includes, but is not limited to, conduct or content that is harassing, inappropriate, expressing racial or other bigotry, and/or abusive.
You may not engage in conduct or submit content to the Services that violates the law, infringes anyone's intellectual property rights, violates anyone's privacy, or breaches agreements you have with others.
You may not submit content to the Services containing malicious computer code, such as computer viruses or spyware.
You may not submit content to the Services as a mere placeholder to hold a particular address, username, or other unique identifier.
You may not use the Services to disclose information from or about others that you don't have the right to disclose.
The "Content Standards" in this section extend to any content hosted on any other site or service and "embedded" in or otherwise connected to the Services.
The operator shall have the sole right to determine whether any of the provisions in this "Content Standards" section have been violated.

ENFORCEMENT

The operator may investigate and prosecute violations of these terms to the fullest legal extent. The operator may notify and cooperate with law enforcement authorities in prosecuting violations of the law and these terms.
The operator reserves the right to change, redact, and delete content on the Services for any reason. If you believe someone has submitted content to the Services in violation of these terms, contact the operator immediately.
The operator may, at any time and in its sole discretion, refuse any transaction, including any purchase, sale, or transfer request submitted via the Services, impose limits, or impose any other conditions or restrictions upon your use of the Services, without prior notice. The operator may also make the Services unavailable at any time, in its sole discretion.

YOUR INFORMATION

You agree to:

Provide accurate, current and complete information about you if requested by any registration or subscription forms on the Services or otherwise requested by the operator;
Maintain the security of your password and identification;
Maintain and promptly update any information you provide to the operator, to keep it accurate, current and complete;
Promptly notify the operator regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Services or the terms on which you use the Services; and
Be fully responsible for all use of your account on the Services and for any actions that take place using your account.

KNOW YOUR CUSTOMER

You acknowledge that the operator and its partners may request your performance of Know Your Customer ("KYC") procedures on the information you provide as required by applicable guidelines, internal policies or regulations. You consent to such KYC procedures if the requirements apply to you.
You agree that this is a general requirement and in compliance with regulatory rules and guidance, and in no way creates or is deemed to be any form of recommendation or advice by the operator.
The operator may in its sole and absolute discretion decline to accept any person's request in anything, at any time, with no requirement for any reason or explanation; you agree that such decline(s), if any, shall not constitute an opinion, recommendation, or investment, legal or tax advice by the operator.

BACKGROUND CHECKS

The operator may perform background checks on users as required by applicable guidelines or regulations. These background checks will seek to confirm whether a user's name and identity matches the identity of anyone listed on a terrorist or criminal database or watch list or is associated with any foreign government. You consent to such background checks.
With respect to background checks, the data and information contained in our investigations is obtained from numerous regulatory, private, and public sources and is thought to be reliable.
Background check information is shared with our partners as necessary to facilitate the Services.
We and/or our partners may have legal obligations under the USA Patriot Act or other applicable laws designed to detect money laundering or other crimes, including obligations to report suspicious activity. We reserve the right to deny any individual the right to access products that are otherwise available on the Services for any reason, including, without limitation, as a result of information obtained in connection with background checks and whether or not such information is accurate, truthful or complete.

THIRD PARTY SERVICE PROVIDERS

To provide the Services, the operator may use the following service providers. You authorize us to share your information with these and other service providers as necessary for the provision of the Services. You authorize these service providers and their affiliates and service providers to use, disclose and retain your personal data in connection with these terms and the provision of the Services and as required by law. As a condition of the use of the Services, you agree to each of the agreements listed after each service provider.

Amazon Web Services
Terms: aws.amazon.com/service-terms/
Privacy Policy: aws.amazon.com/privacy/

Privy - Wallet Provider
Terms: https://www.privy.io/user-terms-of-service
Privacy Policy: https://www.privy.io/privacy-policy

INTELLECTUAL PROPERTY

Your Content:

The operator is not obligated to review or edit any user-submitted content on the Services.
Nothing in these terms gives the operator any ownership rights in content or intellectual property that you share with the Services, such as your account information and content you submit to the Services. Nothing in these terms gives you any ownership rights in the operator's content or intellectual property, either. Unless otherwise noted, the operator owns the intellectual property of the Services and all content it has posted.
Between you and the operator, you remain solely responsible for content you submit to the Services. You agree not to wrongly imply that content you submit to the Services is from, sponsored by, or approved by the operator.
Content you submit to the Services belongs to you, and you decide how to license it to others. At a minimum, you license the operator to provide content that you submit to the Services to other users of the Services. That license allows the operator to copy, publish, and analyze content you submit to the Services.
When content you submit is removed from the Services, whether by you or by the operator, the operator's license ends when the last copy disappears from the operator's backups, caches, and other systems.

Our Content:

Unless otherwise stated, the operator and/or its licensors own the intellectual property rights for all material in the Services. All intellectual property rights are reserved.
Except as expressly provided herein, the operator does not grant any express or implied license to the Services or the Content. You agree not to copy, reproduce, aggregate, republish, download, post, display, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, create derivative works based on, or otherwise exploit for any commercial purposes whatsoever, the Services or the Content, without the operator's express prior written permission.
If you are eligible to use the Services, you are permitted to access and use the Services and the Content to which you have properly gained access solely for your personal, non-commercial use.
You are not permitted to use any trademarks, service marks, or logos of the operator without the prior written consent of the operator.

AI-GENERATED CONTENT

Certain informational content made available within the Services (including but not limited to market snapshots, volatility indicators, token highlights, or analytical summaries) may be generated in whole or in part by automated systems or artificial intelligence. This content is produced from publicly available market and news data and is intended for general informational purposes only.
The operator does not generate, validate, or endorse such outputs as financial, investment, legal, or tax advice. Users remain solely responsible for any decisions made on the basis of this information.
AI-generated content may contain inaccuracies, errors, or omissions. The operator makes no warranty or representation regarding the accuracy, completeness, or timeliness of any AI-generated content.

POINTS PROGRAM

The Services may, from time to time, display points or other activity-based indicators. These indicators do not constitute a promise or guarantee of any future benefit, token, airdrop, or other reward.
The operator expressly disclaims any obligation to convert, redeem, or assign value to points now or in the future. The operator reserves the right to modify, suspend, or discontinue any points display at any time without notice or liability.

RISKS

Your use of the Services involves significant risks. You understand and accept the following risks relating to the Services, which are illustrative and not exhaustive:

Interface-only risk: The Services provide a user interface to interact with decentralized, open-source smart contracts deployed on third-party blockchain protocols. These smart contracts are accessible directly through compatible self-custodial wallets and do not require use of the Services. The operator does not control or operate the underlying protocols or smart contracts and is not responsible for their availability, security, or continued operation.
Trading risk: Trading via the Services may involve transaction slippage, variable gas fees, failed execution, or unexpected market behavior. The protocols and their smart contracts may contain bugs, exploits, or vulnerabilities, or experience network congestion, forks, or failures.
Attack vector risk: Hackers, individuals, or other malicious groups or organizations may attempt to interfere with any wallet application, the relevant blockchain networks, or the smart contracts accessible through the Services, through means including but not limited to malware attacks, denial of service attacks, consensus-based attacks, sybil attacks, griefing, smurfing, and spoofing, which may lead to a loss of your assets.
Irreversibility risk: Transactions on the relevant blockchain networks are irreversible. Any tokens you utilize in connection with the Services are subject to potential risk of permanent disablement, impairment, loss, or forfeiture in the event of any exploits, bugs, or malfunctions of the smart contracts or the relevant blockchain networks, and no remedy will be available from any person due to any such damages you may suffer.
Cross-chain and oracle risk: You accept all risks involving: (a) failures or inaccuracies in cross-chain bridges, oracles, or liquidity pools; (b) code vulnerabilities, including potential hacks or exploits; (c) significant slippage or other market risks arising from perpetual futures trading; (d) the risks of trading with leverage, which may lead to immediate and significant losses, including the liquidation of your positions; and (e) potential regulatory or legal issues affecting blockchain transactions or their enforceability.
Third-party wallet risk: The ability of the Services to connect with third-party wallet applications or devices is not an endorsement or recommendation of such applications or devices by the operator. You must assume all responsibility for selecting and evaluating, and incurring the risks of any bugs, defects, malfunctions, or interruptions of any third-party wallet applications or devices you use in connection with the Services.
Regulatory risk: The regulatory status of cryptocurrency tokens, blockchain, and distributed ledger technology, as well as their applications, are unclear or unsettled in many jurisdictions. It is difficult to predict how or whether governments or regulatory agencies may implement changes to law or apply existing regulation with respect to such technology and its applications. Any such changes to law or clarifications to existing laws may have a materially adverse effect on you.
Blockchain fork risk: Blockchains may be subject to 'forks' — events where some or all persons running the software clients for a particular blockchain system adopt a new client or a new version of an existing client that changes the protocol rules, reorganizes past blocks, or alters the history of the blockchain. Some forks are 'contentious' and may result in two or more persistent alternative versions of the protocol or blockchain. You assume full responsibility to independently remain informed about possible forks, and to manage your own interests and risks in that connection.
Tax risk: You are solely responsible for ensuring that your use of the Services complies with applicable laws and regulations in your jurisdiction. You accept the potential tax consequences in your jurisdiction of residence. You assume all risks with respect to undertaking due diligence and investigation into such tax consequences, and nothing on the Services shall be construed to provide you with any tax, financial, or legal advice.
Private key risk: You are solely responsible for protecting the data integrity and confidentiality of your private keys and passwords to any wallet applications or devices used in connection with the Services. You cannot expect anyone to be able to restore or issue any refund in respect of property lost or frozen due to loss of private keys or otherwise.
Smart contract non-review risk: The smart contracts accessible through the Services and all related facts and circumstances have not been reviewed, approved, endorsed, or registered with any regulator or other governmental entity. The creators of these smart contracts are not licensed by any regulator or other authority to provide any legal, financial, accounting, investment, or other advice.

DISCLAIMERS

You accept ALL risk of using the Services and their content. As far as the law allows, the operator provides the Services and its content "as is," without any warranty whatsoever. The operator expressly disclaims; and you expressly waive, any representations, conditions, or warranties of any kind, including, without limitation, the implied or legal warranties of merchantability, merchantable quantity, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third-party rights.
You confirm that you accept all risk associated with your personal financial, cryptocurrency, and other crypto asset holdings, staking, transfers, and transactions, including but not limited to the risks described in the Risks section of these terms.
You agree and acknowledge that the Operator has zero control, ability to prevent, reverse, or in any way intermediate any blockchain transaction you effect with your wallet.
You agree and acknowledge that that the operator is not responsible or liable for any loss, harm, or damage, of any kind, related to or arising from your use of the Services, or arising from disclosure of your personal wallet private key, even if such loss may be attributed to an error or "bug" in our services. The responsibility of securing your private keys is yours and yours alone.
You agree and acknowledge the risks described in the Risks section of these terms, including but not limited to the risks of on-chain swaps, futures, margin, bridging or leveraged trading. You acknowledge that on-chain trading may not be suitable for all users and can involve a high degree of risk; including but not limited to smart contract risk, risk of smart contract exploits, and blockchain halts. You acknowledge that each, any, or all these activities can result in losses of your principal or even exceeding your initial investment. You should carefully evaluate your financial situation and risk tolerance before engaging in such activities.
These terms do not impose any fiduciary duties on the operator. The operator owes no fiduciary duties or liabilities to you or any other party based on your use of the Services. To the extent that any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate such duties and liabilities.
Regardless of anything to the contrary in these terms, nothing in these terms is a waiver, and the operator will not assert there has been a waiver, that would not be permissible under Section 14 of the Securities Act of 1933, Section 29(a) of the Securities Exchange Act of 1934, or any other applicable provision of federal and state securities laws.
The operator and its affiliates do not provide investment advice or a recommendation of securities or investments. You should always obtain independent investment and tax advice from your professional advisers before making any investment decisions.
You understand that the operator cannot and does not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output.
You represent that you understand the risks described in the Risks section of these terms, that you have reviewed those risks before using the Services, and that you accept full responsibility for your decision to use the Services and for any consequences arising from that decision. You understand that blockchain-based transactions are irreversible, and that you are solely responsible for any approvals or permissions you provide by cryptographically signing blockchain messages or transactions.
You are aware that social engineering scams, including but not limited to phishing, impersonation, and 'pig butchering' schemes perpetrated by malicious third parties, are a risk when using blockchain-based services. You agree that you and you alone are responsible for transactions or agreements with such third parties that may lead to loss or injury. The operator is not responsible for verifying the legitimacy, safety, or suitability of any third-party applications, tokens, or solicitations that you may interact with or receive while using the Services.
Some jurisdictions do not allow exclusion of warranties or limitations on the duration of implied warranties, so the above disclaimers may not apply to you in their entireties, but will apply to the maximum extent permitted by applicable law.

LIMITS ON LIABILITY

As far as the law allows, neither you nor the operator will be liable to the other for any: (1) financial losses; (2) loss of use, data, business or profits; (3) personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of goodwill; or (4) indirect, special, consequential, exemplary, punitive, or any other damages arising out of or relating to the Services or these Terms of Service.
Both you and the operator acknowledge that the limitations of liability in this section are material provisions of these Terms of Service, and that absent those limitations of liability, one or both of the parties would have declined to enter the Terms of Service on the economic and other terms stated in it.
Except as expressly stated otherwise in the Agreement: the total amount paid by you to the operator as fees for the use of the Services in the twelve (12) months immediately preceding the first incident out of which the liability arose, or, if no fees have been paid, one thousand five hundred US Dollars ($1,500.00 USD).
To the extent not expressly prohibited by law, both you and the operator knowingly, voluntarily, intentionally, permanently, and irrevocably: (a) AGREE that the rights and obligations of both you and the operator that arise out of or relate to the Services, or any transaction or relationship resulting from the Services or these Terms, are to be defined solely under the law of contract in accordance with the express provisions of these Terms; and (b) WAIVE any such obligations allegedly owed by you or the operator that are not expressly stated in these Terms, whether those obligations are alleged to arise in quasi-contract, quantum meruit, unjust enrichment, promissory estoppel, tort, strict liability, by law (including any constitution, statute, or regulation), or otherwise.
You and the operator specifically agree that each limitation of liability in this section is to apply: (a) to both you and the operator, and to the affiliates, agents, and associated individuals of both you and the operator; (b) to all claims for damages or other monetary relief, whether alleged to arise in contract, tort (including negligence, gross negligence, or willful misconduct), or otherwise; (c) even if the allegedly-liable party was advised, knew, or had reason to know of the possibility of excluded damages and/or of damages in excess of the relevant damages cap; and (d) even if one or more limited remedies fail of their respective essential purposes.
Both you and the operator expressly agree not to seek damages in excess of any applicable limitation of liability stated in these Terms.
Both you and the operator acknowledge that some jurisdictions might not permit limitation or exclusion of remedies under some circumstances, in which case some or all of the limitations of liability stated in this section might not apply; this sentence, however, is not to be taken as a concession that any particular limitation or exclusion should not apply. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

YOUR RESPONSIBILITY (INDEMNIFICATION)

You agree to defend, reimburse, indemnify, and hold harmless the operator, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) violation of these Terms by others using your account; (c) your use of the Services; (d) any use of the Content, Services, and products other than as expressly authorized in these Terms; or (e) your use of any information obtained from the Services.
Both you and the operator agree to notify the other side of any legal claims you might have to reimburse the operator for as soon as possible. If the operator fails to notify you of a legal claim promptly, you won't have to reimburse the operator for costs that you could have defended against or lessened with prompt notice.
You agree to allow the operator to take over investigation, defense, and settlement of legal claims you would have to reimburse the operator for, and to cooperate with those efforts.
The operator agrees not to enter any settlement that admits you were at fault or requires you to do anything without your permission.

TERMINATION

Either you or the operator may end this agreement at any time. When this agreement ends, your permission to use the Services also ends.

If you violate any provision of this agreement for any reason, this agreement will automatically terminate and you must cease and desist from any further use of the Services.
Any provisions of this agreement that by their nature should survive the termination of this agreement will survive the termination of this agreement, including but not limited to the Disclaimers, Limits on Liability, Indemnification, Disputes, and General Terms sections.

DISPUTES

The law of Delaware will govern these terms and all legal proceedings related to these terms or your use of the Services.
We both agree that all disputes related to the Services under these terms, including whether such disputes are arbitrable, will be heard by arbitration. The arbitration will be in English, heard by one arbitrator, and conducted by JAMS.
The arbitration will be conducted under JAMS' Comprehensive Arbitration Rules & Procedures, and in accordance with the Expedited Procedures in those rules, except as modified by these terms. The JAMS rules are available at https://www.jamsadr.com/.
The arbitrator's judgment will be final and enforceable in any court of competent jurisdiction.
The seat of the arbitration will be Delaware, but the arbitration will be conducted remotely to the extent permitted by the arbitration rules in effect.
We both agree to maintain the confidential nature of any arbitration proceeding and any award, except as may be necessary to prepare for or conduct any arbitration hearing.
As a limited exception to the requirement for arbitration, both sides retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
If, for any reason, a dispute is heard in a court of law, both sides agree to bring any proceedings related to this agreement (other than the enforcement of a judgment) only in courts of competent jurisdiction in Delaware.
Neither you nor the operator will object to jurisdiction, forum, or venue in those courts.
Both sides waive their rights to trial by jury and agree to bring any legal claims related to this agreement as individuals, not as part of a class action or other representative proceeding.
If a dispute must be arbitrated, you or the operator must start arbitration of the dispute within one (1) year from when the dispute first arose. If applicable law requires you to bring a claim for a dispute sooner than one (1) year after the dispute first arose, you must start arbitration in that earlier time period. The failure to provide timely notice shall bar all claims.

GENERAL TERMS

If a section of these terms is unenforceable as written, but could be changed to make it enforceable, that section should be changed to the minimum extent necessary to make it enforceable. Otherwise, that section should be removed, and the others should be enforced as written.

You may not assign this agreement. The operator may assign this agreement to any affiliate of the operator, any other company that obtains control of the operator, or any other company that buys assets of the operator related to the Services. Any attempt to assign against these terms has no legal effect.

Neither the exercise of any right under this agreement, nor waiver of any breach of this agreement, waives any other breach of this agreement.

These terms, plus the terms on any Services incorporating them by reference, are all the terms of agreement between you and the operator about use of the Services. This agreement entirely replaces any other agreements about your use of the Services, written or not.

You may link to the Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

If the Services contain links to any resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those third-party resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Neither party nor their respective affiliates will be liable for any delay or failure to perform any obligation under this agreement where the delay or failure results from any cause beyond such party's reasonable control, including but not limited to acts of God, utilities or other telecommunications failures, cyber attacks, earthquake, storms or other elements of nature, pandemics, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

The operator and you are independent contractors, and this agreement will not be construed to create a partnership, joint venture, agency, or employment relationship. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.

If you provide any suggestions, ideas, or feedback to the operator regarding the Services ('Suggestions'), the operator will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to the operator all right, title, and interest in and to the Suggestions and agree to provide the operator any assistance required to document, perfect, and maintain the operator's rights in the Suggestions.

APP STORE AVAILABILITY

You acknowledge and agree that the availability of the Services may be dependent on the third-party app store from which you download the application. These Terms apply between you and the operator, not with any app store providers. Your use of the Services may also be subject to the terms and conditions of the app store provider.

CONTACT

You may notify the operator under these terms, and send questions to the operator, at service@splashwallet.xyz
The operator may notify you under these terms using the e-mail address you provide for your account on the Services, or by posting a message to the homepage of the Services or your account page.

CHANGES

The operator may update the terms of service for the Services. The operator will post all updates to the Services. The operator may also announce updates with special messages or alerts on the Services.
Once you get notice of an update to these terms, you must agree to the new terms to keep using the Services.