Kairos Terms of Service

Last updated: September 9, 2025

I. About Kairos

Welcome to Kairos! These terms of service, together with any documents and additional terms they expressly incorporate by reference (collectively, these "Terms"), are entered into between Rocko Inc. ("Rocko," "Kairos","we," "us," and "our") and you or the company or other legal entity you represent ("you" or "your") and constitute a binding legal agreement. By accessing or using our Services (defined below), you accept and agree to be bound by and to comply with these Terms, including the mandatory arbitration provision in the Section entitled Dispute Resolution and Arbitration. That provision provides expressly that you and Rocko agree to arbitrate certain claims instead of going to court and that you will not bring class action claims against Rocko. If you do not agree to be bound by these Terms, you have no permission to and may not access or use our Services.

Rocko is a technology company that makes certain software services accessible to users on its application ("App") which is found at https://kairosswap.com. The Kairos App enables users to (i) connect an externally-owned account or keypair-controlled account (commonly referred to as a wallet, EOA, or embedded wallet) on the Ethereum or other blockchain networks to store and transfer digital assets as well as sign transactions for their wallet(s) (collectively "Wallets"); (ii) access and interact with decentralized finance protocols (collectively, "DeFi Protocols"), including the Kairos Protocol (the "Protocol"), that exist on public blockchains such as Ethereum, Ethereum testnets (e.g., "Sepolia"), or Layer 2 networks; (iii) broadcast transactions, including for the purposes of approving, minting, transferring, swapping, interacting with DeFi Protocols, or engaging in cross-chain transactions, as well as transactions intended to make assets compatible with specific networks or DeFi Protocols (collectively, “Bridging” and “Wrapping”); and interacting with DeFi Protocols; and (iv); access additional functionality as Rocko may add to the App from time to time (collectively the "Services").

You must be able to form a legally binding contract online either on behalf of a company or as an individual. Accordingly, you represent that: (a) if you are agreeing to these Terms on behalf of a company or other legal entity, you have the legal authority to bind the company or other legal entity to these Terms; and (b) you are at least 18 years old (or the age of majority where you reside, whichever is older), can form a legally binding contract online, and have the full right, power and authority to enter into and to comply with the obligations under these Terms.

In addition to the foregoing, you represent and warrant that you are not a citizen or resident of a state, country, territory or other jurisdiction that is embargoed and/or sanctioned by the United States or where your use of the Services would be illegal or otherwise violate any applicable laws or regulations, including but not limited to those promulgated by the United Nations Security Council, Singapore, the United Kingdom, the United States (including those prohibiting dealings with sanctioned persons identified by the U.S. Department of the Treasury's Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons ("SDN"), or other U.S. non-SDN restricted or prohibited parties lists, and those prohibiting dealings dealings with persons organized, resident, or located in comprehensively sanctioned jurisdictions), and/or any other applicable national, provincial, federal, state, municipal or local laws and regulations (each as amended from time to time). Specifically, you represent that you are not located in, organized in, or a resident of Cuba, Iran, Syria, North Korea, Russia, the Crimea region, Venezuela, or any other jurisdiction where applicable law prohibits you from accessing or using the Services; and you represent that you are not be named on the Office of Foreign Asset Control of the U.S. Department of the Treasury's Specially Designated and Blocked Persons List.

By checking the box for "Accept terms" or by accessing the App or using any or all of the Services, you agree to be bound by these Terms.

II. Privacy Policy

Please refer to our privacy policy available at https://rocko.co/privacy for information about how we collect, use, share and otherwise process information about you.

You acknowledge and agree that your use of the Services is subject to the Rocko Privacy Policy. You further agree that we may collect, use and/or disclose your information (including any personal data you provide to us) in accordance with the Rocko Privacy Policy.

III. Changes to Terms or Services

We may modify the Terms at any time at our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site, by providing you a notice through the App, or through other methods of communication which we deem reasonable. The modified Terms will be effective at the time they are posted on the Site. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have modified the Terms, you are agreeing to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

IV. Who May Use the Services

A. Eligibility

You may use the Services if you are 18 years or older and are not barred from using the Services under applicable law.

B. Wallet Connection and Security

To use the Services, you must connect one or more compatible digital asset wallets (each, a “Wallet” and collectively, “Wallets”) to the App. When you connect your Wallet, the App may read information available onchain, such as your balances, and may request that you approve transactions through your Wallet. Rocko does not create or provide you with a custodial account, and Rocko does not have access to or control over your Wallet, your private keys, or your recovery methods.

We also reserve the right to, at any time and in our sole discretion, restrict your access to, or otherwise impose conditions or restrictions upon your use of, the Services, with or without prior notice.

You are solely responsible for maintaining the security of your Wallet, private keys, and recovery methods. Anyone who gains access to them can control your digital assets. Rocko will not store, and cannot recover, your private keys, seed phrases, passwords, or other credentials associated with your Wallet. If you lose these, you may lose access to your digital assets.

ROCKO AND ITS AFFILIATES SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSSES OR DAMAGES ARISING FROM THE LOSS OR COMPROMISE OF YOUR WALLET, PRIVATE KEYS, OR RECOVERY METHODS, OR FROM UNAUTHORIZED ACCESS TO YOUR DIGITAL ASSETS OR FROM YOUR INABILITY TO ACCESS OR USE THE APP OR SERVICES AS A RESULT OF SUCH LOSS OR COMPROMISE.

V. The Services

You agree to use the Services solely for lawful purposes and in accordance with these Terms.

A. Unacceptable Use or Conduct

You agree not to use the Services in ways that:

Violate, misappropriate, or infringe the rights of Rocko, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
Are illegal, defamatory, threatening, intimidating, or harassing;
Involve posting content or communications on the Services that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
Involve posting content on the Services containing unsolicited promotions, political campaigning, or commercial messages or any chain messages or user content designed to deceive or trick the user of the Services;
Involve impersonating someone;
Provide false, inaccurate, or misleading information;
Breach any duty toward or rights of any person or entity, including rights of publicity, privacy, or trademark;
Avoid, bypass, remove, modify, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party (including another user) to protect the Services or Content;
Remove, modify, or add any code belonging to the Services;
Disguise your location through IP proxying or other methods;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Introduce malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Services;
Violate any applicable law or regulation, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws, including the Bank Secrecy Act;
Use the Services to pay for, support, or otherwise engage in any illegal gambling activities, fraud, money-laundering, or terrorist activities, or other illegal activities;
Scrape any content from the App or Services or use any automated means to access, download or gather information from the app or Services, or bypass any robot exclusion measures we may put into place; or
Encourage or enable any other individual or third party to do any of the foregoing.

B. Assumption of Risks/Representations and Warrants

You represent and warrant that you:

have the necessary technical expertise and ability to review and evaluate the security, integrity, and operation of any transactions that you engage in through the Services;
have the knowledge, experience, understanding, professional advice, and information to make your own evaluation of the merits, risks and applicable compliance requirements under applicable law of engaging in transactions through the Services and with respect to DeFi Protocols;
acknowledge and understand that Rocko is not responsible or liable for any use of decentralized-finance protocols ("DeFi Protocols"), including the Protocol, and blockchain transactions, including any fees charged by third parties;
acknowledge, understand, and assume all risks associated with: (i) managing your own wallet addresses, login credentials, and private keys; (ii) interacting with blockchain networks including but not limited to Ethereum, Ethereum testnets (e.g. Sepolia), and Ethereum-associated Layer 2 networks; (iii) transacting in digital assets including but not limited to ETH, WETH, stablecoins, and other tokens following standards such as ERC-20 (collectively, "Digital Assets"); and (iv) interacting with DeFi Protocols, including the Protocol;
accept the risks associated with approving, transferring, supplying, borrowing, minting, and Wrapping Digital Assets, and are responsible for conducting your own independent analysis of the risks specific to any Digital Assets or transactions approved, transferred, supplied, borrowed, minted, wrapped, or converted, including by Bridging or, by you and your use of the Services;
acknowledge and understand that Rocko does not provide tax or financial advice and it is your responsibility to understand any tax implications associated with using the Services;

You hereby assume, and agree that Rocko will have no responsibility or liability for, such risks. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against Rocko, its affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein.

Without limiting the foregoing, to the fullest extent permitted by applicable law, you shall bear all risk of loss for any digital assets held in or accessible via your Wallets or DeFi Protocols. Rocko will have no liability for any loss or theft of your digital assets held in your Wallets or DeFi Protocols. By using Wallets in connection with the Services, you agree that you are using such Wallets under the terms and conditions of the applicable providers of such Wallets and that you are the lawful owner of such Wallets. You are solely responsible for keeping your Wallets and any private keys necessary to decrypt your Wallets secure. We have no ability to help you access or recover your private keys for your Wallets. We accept no responsibility or liability to you in connection with your use of Wallets, and we make no representations or warranties regarding how the Services will operate with any specific Wallets or other Ethereum wallets.

C. No broker, legal or fiduciary relationship

Rocko is not your broker, dealer, lawyer, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you regarding any decisions or activities that you effect when using the Services. We do not facilitate the execution or settlement of your transactions, provide custody of your assets, or participate in any of your approval or transaction decisions. Neither our communications nor any information that we provide to you is intended as, or shall be considered or construed as, investment, financial, tax, legal, or any other form of advice or recommendation to enter into any transaction. You are solely responsible for making your own independent assessment of the risks, costs, and benefits of any transaction or use of the Services.

VI. Fees

By using or downloading any of the Services that require payment, you agree to pay the applicable fees specified below or within the App, which are incorporated herein by reference. We may use a third party payment service to bill you through an online account for your fees, as applicable, in lieu of directly processing your credit card information. By submitting your payment account information, you grant us the right to store and process your information with the third party payment service, which may change from time to time; you agree that we will not be responsible for any failure of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions, and privacy policies of such third party payment service in addition to the terms and conditions of this Agreement. You agree that we may change the third-party payment service and move your information to other service providers that encrypt your information using transport layer security (TLS) or comparable security technology. Other than as may be expressly set forth on our website or in the App, as updated from time to time, we will have no obligation to provide refunds or credits but may grant them in certain circumstances at our sole discretion.

C. Network Fees and Other Third-Party Fees

In addition to the fees described above, you may also incur charges and fees from third parties for use of any third party services linked to or accessed through the Services. Additionally, you may incur charges from third parties to process transactions on blockchain networks such as the Ethereum network or any Layer 2 Networks (commonly known as gas fees). You may also incur charges from third parties through transferring digital assets from one blockchain network to another. Under no circumstances shall Rocko incur any liability of any kind to you arising from or relating to fees charged to you by such third parties linked to or accessed through the Services. FAILING TO PAY THIRD PARTY FEES MAY IMPACT YOUR USE OF THE SERVICES, INCLUDING LEADING TO LOSS OF FUNDS AND CAUSING BLOCKCHAIN TRANSACTIONS TO FAIL.

In addition, it is your responsibility to ensure you have sufficient funds or digital currency in your Wallets to complete any purchases, pay any third party fees, or make other required payments using the Services. You are responsible for any non-sufficient funds or overdraft fees imposed by third parties.

You are solely responsible to pay any and all sales, use, value-added, and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority associated with your use of the Services. Except for income taxes levied on us, you: (a) will be solely responsible for reporting any tax obligations when, if ever, such obligations arise as a result of your use of the Services; (b) will pay or reimburse Rocko for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value added taxes and other taxes as may be required, and amounts levied in lieu thereof based on charges set, services performed, or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local, or any other taxing jurisdiction; and (c) will not be entitled to deduct the amount of any such taxes, duties, or assessments from payments (including transaction fees) made to us pursuant to this Agreement. Neither this Agreement nor any other communication from us constitutes tax advice, and you are solely responsible for determining what, if any, taxes apply to your use of the Services.

VII. DeFi Protocols

The Services enable you to interact with DeFi Protocols through a native frontend software link within the App.

When using the Services, you acknowledge and agree that your interactions are with autonomous smart contracts that comprise the Protocol. The Protocol operates in a decentralized manner on public blockchain networks, and Rocko Inc. and its Affiliates (“Rocko”) do not have custody or control of your assets, nor do we execute or initiate transactions on your behalf. You retain full control of your digital assets at all times, and any interaction with the Protocol occurs directly between you and the underlying smart contracts.

Rocko provides access to the Protocol and related interfaces solely on an “as-is” and “as-available” basis for your convenience. Rocko does not warrant, endorse, or guarantee the functionality, security, availability, legality, or fitness of the Protocol or any assets, offerings, or services accessible through it (including through related third-party websites, resources, or links). By using the Services or the Protocol, you assume all risks associated with interacting with decentralized smart contracts and blockchain networks, including but not limited to the risks of software bugs, exploits, volatility, and regulatory uncertainty. Rocko will not be liable for any losses, damages, claims, or costs arising from your use of or inability to use the Protocol.

In addition to the foregoing, Rocko makes no warranties or representations, express or implied, regarding the Protocol or any third-party DeFi protocols, the parties who may own or operate them, the information contained on or through them, the suitability or legality of their products or services, the oracles they may rely on, or the assets made accessible through them. You acknowledge that you are solely responsible for, and assume all risks arising from, your use of and interaction with the Protocol and any other DeFi protocols. Such protocols may involve significant risks, including, without limitation, risks of illiquidity, devaluation, lockup, bugs, exploits, regulatory actions, or total loss of assets.

Rocko and its Affiliates shall not be liable for any losses, damages, claims, or costs of any kind arising from or relating to your access to or use of the Protocol or any other DeFi protocols. You are solely responsible for safeguarding your wallet credentials and ensuring the security of your interactions with blockchain networks. YOU AGREE THAT ROCKO AND ITS AFFILIATES SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSSES OR OTHER DAMAGES ARISING FROM YOUR INTERACTION WITH OR USE OF THE PROTOCOL OR ANY DEFI PROTOCOLS.

IX. Feedback

We welcome feedback, comments, ideas, and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by contacting us at https://rocko.co/contact. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

X. Proprietary Rights

A. Ownership of Services; License to Services

As between you and Rocko, Rocko owns the Services, including all technology, content, and other materials used, displayed, or provided on its website or in connection with the Services (including all intellectual property rights subsisting therein). Rocko hereby grants you a limited, revocable, non-transferable license to access and use those portions of the Services that are proprietary to Rocko, subject to these Terms.

The Protocolconsists of autonomous smart contracts deployed on public blockchain networks. While Rocko developed the initial source code for the Protocol, the Protocol operates in a decentralized manner, and Rocko does not own or control the deployed smart contracts. Your use of the Protocol is at your own risk, and is subject to the disclaimers and limitations of liability set forth in these Terms.

B. Trademarks

Any product or service names, logos, trademarks, service marks, or other brand features used in connection with the Services, including Rocko's name and logo and those of the Protocol, its Affiliates, or its applicable licensors, are the property of Rocko or such other rights holders. You may not copy, imitate, or use any of them without the prior written consent of Rocko or the applicable rights holder.

XI. Changes, Suspension, Termination

A. Changes to Services

We may, at our sole discretion, from time to time and with or without prior notice to you, modify, suspend, disable, or terminate the Services, in whole or in part, or restrict or block any Wallet from accessing the Services, for any reason whatsoever, including, but not limited to, as a result of a security incident.

B. No Liability

We will not be liable for any losses suffered by you resulting from any modification to the Services or from any suspension, termination, restriction, or blocking of your access to all or any portion of the Services, including any restriction or blocking of a Wallet you use to access the Services.

C. Survival

The following sections will survive any termination of your access to the Services, regardless of the reasons for its expiration or termination, in addition to any other provision which by law or by its nature should survive: I, IV.B, V, and VII through XVIII.

XII. Electronic Notices

You consent to receive all communications, agreements, documents, receipts, notices, and disclosures electronically (collectively, our "Communications") that we provide in connection with these Terms or any Services. You agree that we may provide our Communications to you by posting them on our website or by emailing them to you at the email address you provide in connection with using the Services, if any. You should maintain copies of our Communications by printing a paper copy or saving an electronic copy. You may also contact our support team to request additional electronic copies of our Communications by filing a support request at support@rocko.co.

XIII. Indemnification

You will defend, indemnify, and hold harmless us, our Affiliates, and our and our Affiliates' respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, "Indemnified Parties") from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out of or relating to (a) your use of, or conduct in connection with, the Services; (b) any Digital Assets associated with your Rocko Wallets; (c) your use of the Protocol or any DeFi Protocols; (d) any feedback or user content you provide to our website or APP, if any; (e) your violation of these Terms; or (f) your infringement or misappropriation of the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, Rocko (or, at its discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Rocko wishes to settle, and if so, on what terms.

XIV. Disclosures; Disclaimers

Rocko is a developer of software. Rocko is not a bank, financial institution, or other lender, and it does not take custody of digital assets. Rocko does not operate a digital asset exchange platform, perform cross-chain bridging services, or execute peer-to-peer transactions through DeFi protocols, and therefore has no oversight, involvement, or control with respect to your transactions, which are executed directly on public blockchains such as Ethereum, Ethereum testnets, and/or Layer 2 networks. DeFi protocols are autonomous, decentralized protocols deployed to public blockchains that operate in a disintermediated manner, and Rocko does not participate in or intermediate any such transactions. When you interact with a DeFi protocol, you are interacting directly with a smart contract that facilitates swaps, deposits, withdrawals, or other services using digital assets. During or after transactions conducted through the Services, small amounts of cryptocurrency (“dust”) may remain in your Rocko Wallets, DeFi protocols, or other wallet addresses. Rocko has no liability or responsibility to help you transfer, recover, or otherwise make use of such funds.

You are responsible for complying with all laws and regulations applicable to your transactions, including, but not limited to, the Commodity Exchange Act and the regulations promulgated thereunder by the U.S. Commodity Futures Trading Commission ("CFTC"), the federal securities laws and the regulations promulgated thereunder by the U.S. Securities and Exchange Commission ("SEC"), and the Bank Secrecy Act and the regulation promulgated thereunder by the U.S. Department of Treasury Financial Crimes Enforcement Network ("FinCEN").

You understand that Rocko is not registered or licensed by the CFTC, SEC, FinCEN or any financial regulatory authority. No financial regulatory authority has reviewed or approved the use of Rocko software. This website and Rocko software do not constitute advice or a recommendation concerning any commodity, security or other asset. Rocko is not acting as a loan broker, investment adviser, or commodity trading adviser to any person.

Rocko does not own or control the underlying blockchain networks or open-source software protocols that enable DeFi protocols, including the Protocol, to function. In general, such protocols are open source and may be used, copied, modified, and distributed by anyone. Rocko is not responsible for the continued operation, security, or availability of any such protocols, and makes no guarantees regarding their functionality, security, or fitness for any particular purpose.

To the maximum extent permitted under applicable law, the Services (and any of their content or functionality) provided by or on behalf of Rocko are provided on an "AS IS" and "AS AVAILABLE" basis, and we expressly disclaim, and you hereby waive, any representations, conditions or warranties of any kind, whether express or implied, legal, statutory or otherwise, or arising from statute, otherwise in law, course of dealing, or usage of trade, including, without limitation, the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights. Without limiting the foregoing, we do not represent or warrant that the Services (including any data relating thereto) will be uninterrupted, available at any particular time or error-free. Further, we do not warrant that errors in the Services are correctable or will be correctable.

You acknowledge that your data on our website or App may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, and agree that, to the maximum extent permitted under Applicable Law, we will not be liable for any loss or damage caused by denial-of-service attacks, software failures, viruses or other technologically harmful materials (including those which may infect your computer equipment), protocol changes by third party providers, Internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control.

You acknowledge that

The disclaimer of implied warranties contained herein may not apply if and to the extent such warranties cannot be excluded or limited under the applicable law of the jurisdiction in which you reside.

XV. Exclusion of Consequential and Related Damages

In no event shall we (together with our Affiliates, including our and our Affiliates' respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors) be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever, or for any damages for loss of data, information, revenue, goodwill, profits or other business or financial benefit arising out of or in connection with the Services (and any of their content and functionality), any execution or settlement of a transaction, any performance or non-performance of the Services, your Digital Assets, or any other product, service or other item provided by or on behalf of Rocko, whether under contract, tort (including negligence), civil liability, statute, strict liability, breach of warranties, or under any other theory of liability, and whether or not we have been advised of, knew of or should have known of the possibility of such damages and notwithstanding any failure of the essential purpose of these Terms or any limited remedy hereunder nor is Rocko in any way responsible for the execution or settlement of transactions between users of Rocko software.

XVI. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ROCKO AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR COSTS OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES OR THE PROTOCOL, INCLUDING BUT NOT LIMITED TO: (i) LOSS OR COMPROMISE OF YOUR LOGIN CREDENTIALS, PRIVATE KEYS, OR RECOVERY METHODS; (ii) LOSS OR DIMINUTION IN VALUE OF DIGITAL ASSETS OR TOKENS HELD IN OR TRANSFERRED IN CONNECTION WITH THE SERVICES OR THE PROTOCOL; (iii) ERRORS, INTERRUPTIONS, DELAYS, OMISSIONS, OR DEFECTS IN TRANSACTIONS OR MESSAGES SENT THROUGH ANY DIGITAL ASSET NETWORK; or (iv) UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR THE PROTOCOL. ROCKO SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ROCKO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ROCKO MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT LINKED THIRD-PARTY SERVICES, THE THIRD PARTIES THAT OWN OR OPERATE THEM, THE INFORMATION CONTAINED ON OR PROVIDED BY THEM, ASSETS AVAILABLE THROUGH THEM, OR THE SUITABILITY, PRIVACY, OR SECURITY OF THEIR PRODUCTS OR SERVICES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISKS ARISING FROM YOUR USE OF THIRD-PARTY SERVICES, WEBSITES, APPLICATIONS, OR RESOURCES, INCLUDING RISKS OF LOSS FOR ASSETS TRADED, TRANSFERRED, OR CONVERTED THROUGH SUCH THIRD-PARTY SERVICES. ROCKO SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD PARTIES AND ACCESSED THROUGH THE APP, SITE, OR SERVICES, INCLUDING ANY DEFI PROTOCOLS.

WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES RELY ON EMERGING TECHNOLOGIES, SUCH AS DIGITAL TOKENS AND BLOCKCHAINS. BY USING THE SERVICES, YOU REPRESENT THAT YOU UNDERSTAND THE RISKS ASSOCIATED WITH USING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED TECHNOLOGIES. YOU ACKNOWLEDGE AND AGREE THAT ROCKO DOES NOT OPERATE ANY THIRD-PARTY BLOCKCHAIN OR DEFI PROTOCOL, COMMUNICATE OR EXECUTE THIRD-PARTY PROTOCOL UPGRADES, OR APPROVE OR PROCESS BLOCKCHAIN TRANSACTIONS ON YOUR BEHALF. YOU FURTHER ACKNOWLEDGE THAT ALL BLOCKCHAIN PROTOCOLS AND DEFI PROTOCOLS, INCLUDING THE PROTOCOL, PRESENT THEIR OWN RISKS OF USE, THAT PARTICIPATION MAY RESULT IN LOSSES IF YOU VIOLATE PROTOCOL RULES, THAT BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE, AND THAT YOUR PRIVATE KEY AND SECRET RECOVERY METHODS MUST BE KEPT SECRET AT ALL TIMES. ROCKO WILL NOT STORE, BACK UP, OR BE ABLE TO RECOVER YOUR PRIVATE KEYS OR SECRET RECOVERY METHODS. YOU ARE SOLELY RESPONSIBLE FOR ANY APPROVALS OR PERMISSIONS YOU PROVIDE BY CRYPTOGRAPHICALLY SIGNING BLOCKCHAIN MESSAGES OR TRANSACTIONS, INCLUDING THOSE IN RESPONSE TO THIRD-PARTY PROMPTS. YOU AGREE THAT ROCKO IS NOT RESPONSIBLE FOR THE REGULATORY STATUS OR TREATMENT OF ANY DIGITAL ASSETS IN ANY JURISDICTION. YOU EXPRESSLY ASSUME FULL RESPONSIBILITY FOR ALL RISKS OF ACCESSING AND USING THE SERVICES TO INTERACT WITH BLOCKCHAIN OR DEFI PROTOCOLS, INCLUDING THIRD-PARTY PROTOCOLS AND THE PROTOCOL.

THE PROTOCOL IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THAT ROCKO, INCLUDING ITS DEVELOPERS, CONTRIBUTORS, OR AFFILIATED PARTIES, SHALL NOT BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING FROM, OUT OF, OR IN CONNECTION WITH THE PROTOCOL OR YOUR USE OF IT. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; LOSS OF FUNDS, PROFITS, OR DATA; OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. USERS INTERACT WITH THE PROTOCOL AT THEIR OWN RISK. NO GUARANTEES ARE MADE REGARDING THE FUNCTIONALITY, SECURITY, OR SUITABILITY OF THE PROTOCOL FOR ANY PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ROCKO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.

XVII. Dispute Resolution and Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Rocko and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. In addition, arbitration precludes you from suing in court or having a jury trial.

You and Rocko agree that any dispute arising out of or related to these Terms or our Services is personal to you and Rocko and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Except for small claims disputes in which you or Rocko seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Rocko seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Rocko waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Rocko or relating in any way to the Services, you agree to first contact Rocko and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to Rocko by email at support@rocko.co or by certified mail addressed to 767 Broadway #1294, Manhattan, NY 10003. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Rocko cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in New York City, New York, in accordance with the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

You and Rocko agree that these Terms affect interstate commerce and that the enforceability of this Section 12 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The arbitrator, Rocko, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and Rocko agree that for any arbitration you initiate, you will pay the filing fee and Rocko will pay the remaining JAMS fees and costs. For any arbitration initiated by Rocko, Rocko will pay all JAMS fees and costs. You and Rocko agree that the state or federal courts of the State of New York and the United States sitting in New York City, New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Rocko will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by emailing us at support@rocko.co. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this Section.

If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 12 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.

XVIII. MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the Services that is not subject to arbitration under the Dispute Resolution and Arbitration section above shall be filed only in the state or federal courts in New York City, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Any right or remedy of Rocko set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under applicable law, at law or in equity. Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. We will have no responsibility or liability for any failure or delay in performance of the website or App or any of the Services, or any loss or damage that you may incur, due to any circumstance or event beyond our control, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction. You may not assign or transfer any right to use the App or the Services, or any of your rights or obligations under these Terms, without our express prior written consent, including by operation of law or in connection with any change of control. We may assign or transfer any or all of our rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval. Headings of sections are for convenience only and shall not be used to limit or construe such sections. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the App and the Services. In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.