These Terms of Service (together with any supplemental terms that incorporate these Terms of Service by reference, the "Agreement") are a legally binding contract between you and us and set forth the terms and conditions by which you may access and use the Product provided by Simps (referred to herein as "Simps", "we", "our", or "us"). The term “Product” encompasses the website-hosted user interface located at https://simps.com (the "App"), all related subdomains, and any other products and services made available by us that link to this Agreement. The App provides a web- or mobile-based social media interface that enables users to access and interact with decentralized, software-based smart contracts available on the Base network by Coinbase to initiate and effect transactions within the App involving certain compatible in-app digital assets (the "Protocol").

For the avoidance of doubt, the Protocol is not one of the Product. Simps does not have actual or constructive administrative control over the Protocol or your use thereof, and cannot access, transfer, or take custody of your digital assets, nor can Simps upgrade or modify any existing smart contracts that are part of the Protocol. Simps does not monitor or control any use of the Protocol by third parties and/or any use of the Protocol that does not take place on or through the Product. Simps makes no representations or warranties about the functionality of the Protocol. All use of the Protocol is undertaken at your own risk, and Simps is not and shall not be liable to you or to any third party for any loss or damage arising from or connected to your or any third party's use of the Protocol. Notwithstanding anything to the contrary set forth herein, the terms of Section 5 (Disclaimers), and Section 7 (Limitation of Liability) of this Agreement apply, mutatis mutandis, to any claims arising out of your use of the Protocol. You access and/or interact with the Protocol at your own risk.

Please read this Agreement carefully as it dictates your rights and obligations with respect to your use of the Product. By accessing or using the Product, you agree that you have read, understood, and agreed to be bound by this Agreement. If you disagree with any of these terms, you are not permitted to access or use our Product.

To access or use our Product, you must be legally capable of entering into a binding contract with us. Therefore, you confirm that you are of the age of majority in your jurisdiction (e.g., 18 years old in the United States) and have the necessary authority to comply with the terms and conditions of this Agreement, both on your own behalf and on behalf of any company or legal entity for which you may access or use the App. If you are acting on behalf of an entity, you represent and warrant that you have the legal authority to bind such an entity, in which case the words “you” and “your” as used in this Agreement shall refer to such entity.

Furthermore, you certify that you are neither (a) subject to economic or trade sanctions imposed by any governmental authority nor listed on any prohibited or restricted parties list (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury), nor (b) a citizen, resident, or organized in a jurisdiction or territory subject to comprehensive country-wide, territory-wide, or regional economic sanctions by the United States. You also assure that your access and use of our Product will fully comply with all applicable laws and regulations and that you will not utilize our Product for illegal activities.

IMPORTANT: SECTION 8.2 CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND Simps. AMONG OTHER THINGS, SECTION 8.2 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 8.2 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 8.2 CAREFULLY.

Unless you opt out of the Arbitration Agreement (defined below) within thirty (30) days, (i) you will only be permitted to pursue disputes or claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you waive your right to participate in a class action lawsuit or class-wide arbitration; and (ii) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial. You may not access our Product unless you fully agree to these terms.

THE PRODUCT INCLUDES A USER INTERFACE THAT ENABLES END USERS TO INTERACT WITH THE PROTOCOL. WE ARE NOT AN EXCHANGE, FUNDING PORTAL, CUSTODIAN, TRUST COMPANY, LICENSED BROKER, DEALER, BROKER-DEALER, INVESTMENT ADVISOR, INVESTMENT MANAGER, FINANCIAL ADVISER, FINANCIAL INSTITUTION, LENDER, OR BORROWER, WHETHER IN THE UNITED STATES OR ELSEWHERE. THE PRODUCT IS AN ADMINISTRATIVE PLATFORM ONLY. NEITHER Simps NOR OUR PRODUCT GIVES, OFFERS OR RENDERS INVESTMENT, TAX, OR LEGAL ADVICE. THE PRODUCT IS A SOFTWARE-BASED USER INTERFACE THAT ALLOWS YOU TO INTERACT WITH THE PRODUCT AND/OR THE PROTOCOL TO ENGAGE IN THE BUYING AND SELLING OF IN-APP DIGITAL ASSETS OF OTHER USERS OF THE PRODUCT. BEFORE MAKING FINANCIAL OR INVESTMENT DECISIONS, WE RECOMMEND THAT YOU CONTACT AN INVESTMENT ADVISOR, OR TAX OR LEGAL PROFESSIONAL. Simps IS NOT A PARTY TO ANY AGREEMENT BETWEEN ANY USERS OF THE PRODUCT. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Simps SHALL NOT BE A PARTY TO OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR, ARISING OUT OF, RELATING TO, ASSOCIATED WITH OR RESULTING FROM ANY DISPUTES BETWEEN YOU AND ANY THIRD-PARTY IN RESPECT OF THE USE, MISUSE, PROVISION OR FAILURE TO PROVIDE ANY DIGITAL ASSET.

1. Privacy

Our Privacy Policy (https://simps.com/privacy) describes how we handle the information and personal data that you provide to us when you use the Product. You understand that through your use of the Product you consent to the collection and use (as set forth in the Privacy Policy) of this information.

1.1 User Profile Information

Simps allows you to claim a username, which shall serve as an account through which you can access the Product ("Username"). Your Username and profile information, including your bio, profile picture, and any linked social media account(s) will be public and may be accessible by anyone. You may not select a Username that misappropriates or infringes the intellectual property rights of others, and you may not impersonate another person or entity. Purchasing, selling or renting a Username or profile is strictly prohibited. Username squatting is also prohibited and may result in reassignment of your Username or termination of your access to the Product. You also understand and agree that if you change your Username, your old Username may no longer be available. We reserve the right to revoke access to your Username at our discretion without notice. By way of example and without limitation, access to your Username may be revoked (i) if you violate this Agreement, violate the law, or engage in behavior that harms our service or reputation (as determined by Simps in our sole discretion); (ii) if your Username is offensive or otherwise not in accordance with our mission to encourage connection and happiness; or (iii) if we determine reasonably necessary to comply with a legal requirement or court order.

1.2 Other Products

We may from time to time in the future offer additional products, and such additional products shall be considered the Product as used herein, regardless of whether such additional products are specifically defined in this Agreement. Future products may be subject to additional supplemental terms as well as this Agreement.

1.3 Third Party Services and Content

Our Product may include integrations, links or other access to third party services, sites, technology, content and resources, including any third-party social media accounts linked to your Username (each a “Third-Party Service”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third parties, and you should read and become familiar with such terms and conditions prior to your use of such Third-Party Services. For the avoidance of doubt, this Agreement does not apply to such Third-Party Services, and you may grant the owner of any Third-Party Services additional rights with respect to your use thereof.

You may be required to authenticate to or create separate accounts to use certain Third-Party Services on the websites or via the technology platforms of their respective providers. You, and not Simps, will be responsible for any and all costs and charges associated with your use of any Third-Party Services, including as used in connection with the Product. Simps enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using our Product are between you and the third party. Simps will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services through or in connection with the Product and our use, storage and disclosure of information related to you and your use of such Third-Party Services within our Product, please see our Privacy Policy. Simps has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You may be able to disable any integrations between the Product and an applicable Third-Party Service through either (i) the Product or (ii) the applicable Third-Party Service.

2. Modifications of this Agreement or our Product

2.1 Modifications of this Agreement

We reserve the right, in our sole discretion, to modify this Agreement periodically. If any material modifications occur, we will notify you by updating the date at the top of the Agreement and by maintaining a current version of the Agreement here. All modifications will become effective upon posting for new users, and for existing users will become effective the sooner of (i) thirty (30) days after posting or (ii) the date on which you accept the modified Agreement. Your continued access or use of the Product constitutes acceptance of such modifications. If you disagree with any modifications to this Agreement, you must immediately cease accessing and using our Product.

2.2 Modifications of our Product

We reserve the right, but have no obligation to: (i) modify, substitute, eliminate, or add to the Product, with or without notice to you; and (ii) review, modify, filter, disable, delete, and remove any and all content and information from the Product.

3. Content

3.1 Intellectual Property Rights

We own all intellectual property and other rights of our Product and its respective contents, including, but not limited to, any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise (“Content”), and all trademarks, service marks, copyrights, patent rights, moral rights, and design rights therein or made available thereby. Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license during the term of the Agreement to access and use our Product solely in accordance with this Agreement for your personal or internal business use. You agree that you will not use, modify, distribute, tamper with, reverse engineer, disassemble or decompile our Product for any purpose other than as expressly permitted pursuant to this Agreement. Except as set forth in this Agreement, we grant you no rights to our Product, including any intellectual property rights.

3.2. Your Rights and Grant of Rights in the Content

By entering into this Agreement and/or using our Product, you grant us a perpetual, irrevocable, worldwide, non-exclusive, sublicensable (through multiple tiers), royalty-free license to use, copy, modify, and display any Content that you post on or through our Product, in any manner and medium, for our current and future business purposes, including to provide, promote, and improve the services. If you provide us with any feedback or suggestions with respect to the Product or any other aspects of our business, you hereby grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works of such suggestions or feedback, in any manner or medium and for any purpose.

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any material that you uploaded, list, post, promote, or display on or through our Product. You represent and warrant that (i) such Content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights owned or controlled by any third party, unless you have necessary permission from such third party or are otherwise legally entitled to post the material and to grant us the license described above, and (ii) that the Content does not violate any laws. You are responsible for your use of the Product and for any Content you provide, including compliance with applicable laws, rules, and regulations.

Any use of reliance on any Content or materials posted via the Product or accessed or otherwise obtained by you through the Product is at your own risk. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Product, including Content posted or made available by other users, nor do we endorse any opinions expressed via the Product. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted by users of the Product and we are not responsible for such Content. You understand that by using the Product, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.

We reserve the right to remove any Content that violates this Agreement or applicable law, including for example, Content that constitutes or contains copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment.

If you believe that your Content has been made available through the Product in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please report this by contacting us at copyright@Simps and including the following information:

• Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed;
• Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., URLs) on the App of the material claimed to be infringing, so that we may locate the material;
• Your contact information -- including your full legal name and email address;
• A declaration that contains all of the following:
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law;
• A statement that the information in the notice is accurate;
• A statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed.

If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owners agent, or pursuant to the law, to upload and use the removed Content, you may submit a written counter-notice to us or our Copyright Agent.

3.3 Third-Party Resources and Promotions

Our Product may include links or references to resources by third parties, including, but not limited to, information, materials, products, or services, which we do not own or control. Additionally, third parties may offer promotions related to your access and use of our Product. We do not approve, monitor, endorse, warrant or assume any responsibility for any such resources or promotions. By accessing such resources or participating in promotions, you do so at your own risk. Please note that this Agreement does not govern your interactions with third parties. By using our Product, you release us from any liability associated with your use of third-party resources or participation in promotions.

3.4 Additional Rights

If Simps becomes aware of any possible violations by you of this Agreement, Simps reserves the right to investigate such violations. If, as a result of the investigation, Simps believes that criminal activity may have occurred, Simps reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Simps is entitled, except to the extent prohibited by applicable law, to disclose to third parties any information or materials in Simps possession, including in order to (i) comply with applicable laws, legal process or governmental request; (ii) enforce this Agreement, (iii) respond to your requests for customer service, or (iv) protect the rights, property or personal safety of Simps, its users, or the public, as Simps in its sole discretion believes to be necessary or appropriate. By agreeing to this Agreement, you hereby provide your irrevocable consent to such monitoring. You understand, acknowledge, and agree that you have no expectation of privacy concerning your use of the Product.

4. Your Responsibilities

4.1 Prohibited Activity

You agree not to engage in, attempt to engage in, or cause or permit any other user to engage in any of the following categories of prohibited activities when accessing and using the Product:

• Intellectual Property Infringement: Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.
• Cyberattack: Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including, but not limited to, the deployment of viruses and denial of service attacks.
• Fraud and Misrepresentation:. Activity that seeks to defraud us or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.
• Market Manipulation: Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including, but not limited to, the manipulative tactics commonly known as &quote;rug pulls,&quote; pumping and dumping, and wash trading.
• Securities and Derivatives Violations: Activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives, including, but not limited to, the unregistered offering of securities and the offering of leveraged and/or margined commodity products to retail customers in the United States or any other jurisdiction where such activity may be prohibited.
• Data Mining or Scraping: Activity that involves data mining, robots, scraping, or similar data gathering or extraction methods of content or information from or in connection with our Product.
• Objectionable Content: Activity that involves soliciting information from anyone under the age of 18 or that is otherwise harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of anothers privacy, hateful, discriminatory, or otherwise objectionable.
• Any Other Unlawful Conduct: Activity that violates any applicable law, rule, or regulation of the United States or another relevant jurisdiction, including, but not limited to, the restrictions and regulatory requirements imposed by U.S. law

4.2 Activity

You acknowledge and agree that: (a) all transactions and other blockchain-based activities that you initiate through our Product (“Activity”) are considered unsolicited, which means that they are solely initiated by you; (b) you have not received any investment advice from us in connection with any Activity, including any Activity you initiate via our Auto Routing API; and (c) we do not conduct a suitability review of any Activity that you initiate.

Simps cannot and does not ensure that any Activity that you initiate or participate in via the Product will be validated by or confirmed on the relevant Protocol, and Simps does not have the ability to facilitate any cancellation or modification requests. You accept and acknowledge that you take full responsibility for all activities that you effect through your Wallet and accept all risks of loss, including loss as a result of any authorized or unauthorized access to your Wallet, to the maximum extent permitted by law.

4.3 Non-Custodial and No Fiduciary Duties

You acknowledge and agree that the Product is a purely non-custodial application, meaning we do not ever have custody, possession, or control of your digital assets at any time. You are solely responsible for the custody of the cryptographic private keys to any digital asset wallets (“Wallet”) you hold and you should never share your Wallet credentials or seed phrase with anyone. We accept no responsibility, or liability to you, in connection with your use of a Wallet and make no representations or warranties regarding how our Product will operate with any specific Wallet. Likewise, you are solely responsible for any associated Wallet and we are not liable for any acts or omissions by you in connection with or as a result of your Wallet being compromised. For the avoidance of doubt, any references herein to a "wallet" shall include the Simps Wallet.

This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.

4.4 Compliance and Tax Obligations

Our Product may not be available or appropriate for use in your jurisdiction. Your ability to access the Product in any jurisdiction does not mean that Simps intends to offer you such Product in such jurisdiction, nor that such Product is legal and/or appropriate in such jurisdiction. By accessing or using our Product, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you in connection with your use thereof.

It is your responsibility to determine whether taxes apply to any transactions you initiate or receive through the Protocol or any other protocol and, if so, to report and/or remit the correct tax to the appropriate tax authority or authorities. You agree to indemnify and hold Simps harmless from and against any losses or claims arising from or related to any failure to pay such taxes.

When you use a Wallet in connection with the Product, you represent and warrant that (i) you own or have the authority to use such Wallet; (ii) you own or have the authority to use any digital assets in such Wallet; (iii) all digital assets you use in connection with any Activity have been earned, received, or otherwise acquired by you in compliance with applicable law; and (iv) no digital assets that you use in connection with any Activity have been “tumbled” or otherwise undergone any process designed to hide, mask, or obscure the origin or ownership of such digital assets.

4.5 Gas Fees

In-app transactions may require the payment of transaction fees to the appropriate network ("Gas Fees"). Except as otherwise expressly set forth in the terms of another written offer by Simps you will be solely responsible to pay the Gas Fees for any transaction that you initiate via our Product in accordance with the then-current prices for such Gas Fees set by such network. You acknowledge and agree that Gas Fees may fluctuate, and Simps is not and shall not be liable to you in connection with any such fluctuation.

4.6 Release of Claims

You expressly agree that you assume all risks in connection with your access and use of our Product. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of our Product. If you are a California resident, you waive the benefits and protections of California Civil Code § 1542, or any comparable law or rule of your jurisdiction, which provides in substance: "[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

5. Disclaimers

5.1 Assumption of Risk

You acknowledge and agree that:

Simps does not store, send, or receive your digital assets.

There are risks associated with using digital assets and cryptocurrency, including but not limited to, the risk of hardware, software and Internet connections; the risk of malicious software introduction; the risk that third parties may obtain unauthorized access to information stored within your Wallet; and the risk of counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. You accept and acknowledge that Simps will not be responsible for any communication failures, disruptions, errors, distortions or delays or losses you may experience when using blockchain technology, however caused.

The regulatory regimes governing blockchain technologies, cryptocurrencies, and tokens are uncertain, and new regulations or policies may materially adversely affect the development of the Product.

Simps makes no guarantee as to the functionality of any Protocol&quote;s decentralized governance, which could, among other things, lead to delays, conflicts of interest, or operational decisions that are unfavorable to your digital assets. You acknowledge and accept that the protocols governing the operation of the Protocol may be subject to sudden changes in operating rules which may materially alter the blockchain and affect the value and function of any of your digital assets or the utility of the Product.

Simps makes no guarantee as to the security of the Protocol. Simps is not liable for any hacks, double spending, stolen digital assets, or any other attacks on a Protocol or the Product.

You control your Wallet, and Simps is not responsible for its performance, nor any risks associated with the use thereof.

WHEN YOU USE THE PRODUCT, YOU UNDERSTAND AND ACKNOWLEDGE THAT Simps IS NOT A FINANCIAL OR INVESTMENT ADVISOR AND THAT THE PRODUCT ENTAILS A RISK OF LOSS AND MAY NOT MEET YOUR NEEDS. Simps SHALL NOT BE RESPONSIBLE FOR INVESTMENT AND OTHER FINANCIAL DECISIONS, OR DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE PRODUCT. Simps SHALL NOT BE CONSIDERED AN “EXPERT” UNDER THE SECURITIES ACT OF 1933. Simps DOES NOT WARRANT THAT THE PRODUCT COMPLIES WITH THE REQUIREMENTS OF THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, THE SECURITIES AND EXCHANGE COMMISSION OR ANY SIMILAR ORGANIZATION OR REGULATOR OR WITH THE SECURITIES LAWS OF ANY JURISDICTION.

BY ACCESSING AND USING OUR PRODUCT, YOU REPRESENT THAT YOU ARE FINANCIALLY AND TECHNICALLY SOPHISTICATED ENOUGH TO UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS, AND THAT YOU HAVE A WORKING KNOWLEDGE OF THE USAGE AND INTRICACIES OF DIGITAL ASSETS SUCH AS ETHER (ETH).

FURTHER, YOU UNDERSTAND THAT SMART CONTRACT TRANSACTIONS AUTOMATICALLY EXECUTE AND SETTLE, AND THAT BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE WHEN CONFIRMED. YOU ACKNOWLEDGE AND ACCEPT THAT THE COST AND SPEED OF TRANSACTING WITH CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS SUCH AS ETHEREUM ARE VARIABLE AND MAY INCREASE DRAMATICALLY AT ANY TIME. YOU FURTHER ACKNOWLEDGE AND ACCEPT THE RISK OF SELECTING TO TRADE IN EXPERT MODES, WHICH CAN EXPOSE YOU TO POTENTIALLY SIGNIFICANT PRICE SLIPPAGE AND HIGHER COSTS.

IN SUMMARY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY OF THESE VARIABLES OR RISKS AND CANNOT BE HELD LIABLE FOR ANY RESULTING LOSSES THAT YOU EXPERIENCE WHILE ACCESSING OR USING OUR PRODUCT. ACCORDINGLY, YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE APP TO INTERACT WITH THE PROTOCOL.

5.2 No Warranties

OUR PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR PRODUCT IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO OUR PRODUCT WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR SECURE; THAT THE INFORMATION CONTAINED IN OUR PRODUCT WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR THAT OUR PRODUCT WILL BE FREE FROM ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL ELEMENTS. NO ADVICE, INFORMATION, OR STATEMENT THAT WE MAKE, WHETHER ORAL OR WRITTEN, SHOULD BE TREATED AS CREATING ANY WARRANTY CONCERNING OUR PRODUCT. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING OUR PRODUCT.

SIMILARLY, THE PROTOCOL IS PROVIDED "AS IS", AT YOUR OWN RISK, AND WITHOUT WARRANTIES OF ANY KIND. ALTHOUGH WE CONTRIBUTED TO THE INITIAL CODE FOR THE PROTOCOL, WE DO NOT OPERATE, MAINTAIN, OR MANAGE THE PROTOCOL, WHICH IS RUN AUTONOMOUSLY BY SMART CONTRACTS DEPLOYED ON THE BASE NETWORK BY COINBASE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO DEVELOPER OR ENTITY INVOLVED IN CREATING THE PROTOCOL WILL BE LIABLE (AND YOU WILL NOT SEEK TO HOLD ANY SUCH DEVELOPER OR ENTITY LIABLE) FOR ANY CLAIMS OR DAMAGES WHATSOEVER ASSOCIATED WITH YOUR USE, INABILITY TO USE, OR YOUR INTERACTION WITH OTHER USERS OF, THE PROTOCOL, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, CRYPTOCURRENCIES, TOKENS, OR ANYTHING ELSE OF VALUE. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING OUR PRODUCT.

FROM TIME TO TIME, Simps MAY OFFER NEW “BETA” FEATURES OR TOOLS. ALL SUCH FEATURES OR TOOLS ARE OFFERED “AS IS” AND WITH ALL FAULTS, SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT Simps SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

ANY ACTIVITIES THAT YOU ENGAGE IN CONNECTION WITH YOUR USE OF THE PRODUCT WILL BE PROCESSED VIA AUTOMATED SMART CONTRACTS. ONCE EXECUTED, WE HAVE NO CONTROL OVER THESE ACTIVITIES, NOR DO WE HAVE THE ABILITY TO REVERSE ANY ACTIVITIES.