Terms & Conditions

These Terms of Use and Conditions ("Terms") govern your access to and use of the Elementa Protocol ecosystem, including the Elementa Wallet application, website, software, interfaces, APIs, services, features, and related products (collectively, the "Services").

The Services are provided by Elementa Protocol ("Elementa," "we," "us," or "our").

By downloading, accessing, connecting to, or using any part of the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms, our Privacy Policy, and any other applicable policies incorporated into these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.

PLEASE READ THESE TERMS CAREFULLY.

ELEMENTA PROVIDES SOFTWARE AND TECHNOLOGY THAT ENABLES USERS TO INTERACT WITH DIGITAL ASSETS AND BLOCKCHAIN NETWORKS.

ELEMENTA IS NOT A BANK, FINANCIAL INSTITUTION, BROKER, INVESTMENT ADVISER, ASSET MANAGER, TRUSTEE, CUSTODIAN, PAYMENT INSTITUTION, MONEY TRANSMITTER, OR FINANCIAL ADVISER UNLESS EXPRESSLY STATED OTHERWISE IN A SEPARATE AGREEMENT.

Elementa does not take possession, custody, control, or ownership of your digital assets, private keys, recovery phrases, passwords, authentication credentials, or other wallet-access credentials.

You are solely responsible for securing and maintaining access to your wallet and digital assets.

IF YOU LOSE ACCESS TO YOUR WALLET OR LOSE THE INFORMATION NECESSARY TO RECOVER IT, ELEMENTA MAY BE COMPLETELY UNABLE TO RECOVER, RESTORE, REVERSE, OR RECREATE YOUR WALLET OR ASSETS.

Blockchain transactions are generally irreversible. Elementa cannot reverse, cancel, modify, recover, or refund transactions that have been submitted to or confirmed on a blockchain network.

For purposes of these Terms:

• 2.1 "Digital Assets" — Means cryptocurrencies, virtual currencies, tokens, stablecoins, NFTs, blockchain-based assets, and other digital representations of value or rights.
• 2.2 "Blockchain Network" — Means any decentralized blockchain, distributed ledger, protocol, network, or related infrastructure with which the Services may interact.
• 2.3 "Wallet" — Means the software-based digital asset wallet functionality made available through the Services.
• 2.4 "Private Keys" — Means cryptographic keys or credentials capable of authorizing transactions involving a blockchain address or Digital Assets.
• 2.5 "Recovery Credentials" — Means any seed phrase, recovery phrase, mnemonic phrase, private key, password, backup, authentication method, encrypted recovery data, or other information that may enable access to a Wallet.
• 2.6 "Third-Party Services" — Means services, protocols, blockchain networks, liquidity providers, exchanges, on-ramp providers, off-ramp providers, payment providers, KYC providers, analytics providers, infrastructure providers, decentralized applications, and other third-party services integrated with or accessible through the Services.

You may use the Services only if:

• You are legally capable of entering into a binding agreement;
• You meet the minimum legal age required in your jurisdiction;
• Your use of the Services is lawful in your jurisdiction;
• You are not located in, ordinarily resident in, or acting on behalf of a person or entity located in a jurisdiction where use of the Services is prohibited;
• You are not subject to applicable sanctions, restrictions, or prohibitions that would make your use of the Services unlawful; and
• You comply with all applicable laws and regulations.

You are responsible for determining whether you may lawfully use the Services in your jurisdiction. Elementa does not guarantee that the Services are available, appropriate, or lawful in every jurisdiction.

You are solely responsible for all activity conducted through your Wallet.

This includes, without limitation:

• Digital Assets sent from your Wallet;
• Digital Assets received by your Wallet;
• transactions initiated by you;
• transactions initiated by anyone who gains access to your Wallet;
• swaps;
• transfers;
• purchases;
• sales;
• deposits;
• withdrawals;
• interactions with decentralized applications;
• smart contract interactions;
• staking;
• governance participation;
• bridge transactions;
• NFT transactions;
• on-ramp and off-ramp transactions;
• fees;
• taxes; and
• other activity associated with your Wallet.

You are responsible for reviewing and verifying transaction details before authorizing any transaction. Elementa is not responsible for transactions that you authorize or that are authorized using your Wallet credentials.

Elementa is not responsible for any Digital Assets:

• sent;
• received;
• exchanged;
• deposited;
• withdrawn;
• purchased;
• sold;
• bridged;
• staked;
• locked;
• transferred; or
• otherwise interacted with

through your Wallet or through any Third-Party Service.

Elementa shall not be liable for:

• unauthorized transactions resulting from compromised credentials;
• transactions initiated by you;
• transactions initiated by a person who obtains access to your Wallet;
• incorrect recipient addresses;
• incorrect networks;
• smart contract failures;
• blockchain congestion;
• transaction delays;
• failed transactions;
• transaction reordering;
• network forks;
• blockchain reorganizations;
• token contract errors;
• malicious smart contracts; or
• any other blockchain-related event.

You may not use the Services to:

• Violate any applicable law or regulation;
• Commit, facilitate, finance, or promote fraud;
• Launder money or conceal proceeds of crime;
• Finance terrorism or sanctioned activities;
• Facilitate trafficking in illegal goods or services;
• Conduct unauthorized gambling where prohibited;
• Commit theft, extortion, fraud, or deception;
• Facilitate cybercrime, hacking, malware distribution, or unauthorized access;
• Exploit, attack, or manipulate blockchain networks;
• Use stolen, hacked, or unlawfully obtained Digital Assets;
• Evade sanctions or legal restrictions;
• Engage in market manipulation or other unlawful financial activity;
• Impersonate another person or entity;
• Use the Services to deceive other users;
• Interfere with the security or operation of the Services;
• Reverse engineer or exploit the Services except where permitted by law;
• Use automated systems to abuse or overload the Services; or
• Use the Services for any unlawful purpose.

You are solely responsible for your conduct and activity.

Elementa provides software and technological infrastructure. Elementa does not control how users choose to use their Wallets or blockchain networks.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES AND ALL ACTIVITY ASSOCIATED WITH YOUR WALLET COMPLIES WITH APPLICABLE LAW.

Elementa does not authorize, endorse, encourage, facilitate, or participate in illegal activity conducted by users.

If you use the Services to conduct unlawful activity, you do so entirely at your own risk and responsibility.

Nothing in these Terms transfers responsibility for unlawful conduct from the person who committed, directed, facilitated, or benefited from that conduct to Elementa.

Elementa may cooperate with courts, regulators, law enforcement agencies, government authorities, and other legally authorized bodies.

Where required or permitted by applicable law, Elementa may:

• provide information in its possession;
• disclose account or user information;
• provide technical information;
• preserve records;
• respond to subpoenas, court orders, warrants, regulatory requests, or other lawful requests;
• restrict or suspend access where legally required;
• comply with sanctions and other legal obligations; and
• take other actions required by applicable law.

Elementa may disclose information where it reasonably believes that disclosure is necessary to:

• comply with legal obligations;
• respond to lawful governmental requests;
• protect the rights, property, or safety of Elementa;
• protect users or the public;
• investigate suspected fraud or illegal activity; or
• enforce these Terms.

Elementa does not guarantee that it will notify you before making a disclosure where notification is prohibited, impractical, or legally restricted.

Your use of the Services may involve the collection, processing, storage, and disclosure of certain information.

The collection and processing of information are governed by the Elementa Privacy Policy.

You acknowledge that certain information may be retained and disclosed where required by applicable law or lawful legal process.

You should not assume that information submitted to or generated through the Services can never be disclosed to authorities.

The Services may integrate with or provide access to Third-Party Services. These may include:

• blockchain networks;
• decentralized applications;
• payment providers;
• on-ramp providers;
• off-ramp providers;
• KYC and identity verification providers;
• exchanges;
• liquidity providers;
• analytics services;
• authentication providers;
• cloud infrastructure providers;
• wallet infrastructure providers; and
• other external providers.

Third-Party Services are governed by their own terms and policies. Elementa does not control and is not responsible for:

• Third-Party Services;
• their availability;
• their security;
• their terms;
• their fees;
• their decisions;
• their compliance procedures;
• their KYC requirements;
• their transaction processing;
• their services;
• their errors;
• their failures; or
• their actions or omissions.

A third-party provider may reject, delay, suspend, cancel, restrict, or refuse a transaction or service. You are responsible for reviewing the applicable terms of each Third-Party Service you use.

Certain features may be provided by third parties that require identity verification, Know Your Customer ("KYC"), Anti-Money Laundering ("AML") screening, sanctions screening, transaction monitoring, or other compliance procedures.

Elementa may rely on third-party providers to perform such processes. You may be required to provide accurate and complete information.

You agree not to:

• provide false information;
• impersonate another person;
• submit fraudulent documents;
• evade compliance screening; or
• assist another person in evading legal or regulatory requirements.

A third-party provider may reject or restrict your access based on its own compliance policies or legal obligations.

Digital Assets involve substantial risks. You acknowledge that Digital Assets may:

• lose some or all of their value;
• experience extreme price volatility;
• become illiquid;
• become unavailable;
• be affected by regulation;
• be affected by technological failures;
• be affected by network attacks;
• be affected by smart contract vulnerabilities;
• be affected by protocol changes;
• be affected by forks;
• be affected by scams or fraud;
• be affected by market manipulation; or
• become permanently inaccessible.

Elementa does not guarantee the value, stability, legality, liquidity, availability, or future performance of any Digital Asset.

Nothing provided through the Services constitutes:

• investment advice;
• financial advice;
• tax advice;
• legal advice;
• accounting advice;
• trading advice; or
• a recommendation to purchase, sell, hold, or transact in any Digital Asset.

You are solely responsible for obtaining independent professional advice where appropriate.

Information displayed through the Services is provided for general informational purposes only.

Elementa does not:

• recommend investments;
• manage portfolios;
• provide personalized financial advice;
• guarantee investment returns;
• guarantee profits;
• predict market movements; or
• guarantee that any Digital Asset will retain or increase in value.

You make all investment and transaction decisions independently and at your own risk.

You are responsible for maintaining the security of:

• your devices;
• passwords;
• PINs;
• recovery credentials;
• private keys;
• authentication accounts;
• email accounts;
• backup mechanisms; and
• other Wallet access methods.

You must immediately take reasonable steps if you believe that your Wallet or credentials have been compromised.

Elementa does not guarantee that the Services will be free from:

• vulnerabilities;
• malware;
• hacking;
• attacks;
• security breaches;
• unauthorized access;
• technical failures; or
• other security risks.

No system can be guaranteed to be completely secure.

The Services may be modified, suspended, interrupted, restricted, or discontinued at any time. Elementa may:

• update the Services;
• add or remove features;
• modify functionality;
• suspend access;
• restrict certain jurisdictions;
• discontinue integrations; or
• discontinue all or part of the Services.

Elementa does not guarantee uninterrupted or continuous availability. The Services may be unavailable because of:

• maintenance;
• technical failures;
• blockchain network issues;
• cyberattacks;
• infrastructure failures;
• internet outages;
• regulatory requirements;
• third-party failures;
• force majeure events; or
• other circumstances beyond Elementa's reasonable control.

Certain Services may involve fees. Fees may include:

• blockchain network fees;
• transaction fees;
• third-party provider fees;
• exchange fees;
• payment processing fees;
• service fees; and
• other applicable charges.

Blockchain network fees are generally paid to the relevant blockchain network and are not controlled by Elementa. Fees may change without prior notice where reasonably necessary. You are responsible for reviewing applicable fees before completing a transaction.

You are solely responsible for determining and satisfying all tax obligations arising from your use of the Services and your Digital Asset activity. This may include taxes relating to:

• purchases;
• sales;
• swaps;
• transfers;
• staking;
• rewards;
• airdrops;
• mining;
• income;
• capital gains; or
• other Digital Asset activity.

Elementa does not provide tax advice and is not responsible for determining or paying your taxes.

All rights, title, and interest in the Services, including software, interfaces, branding, trademarks, logos, designs, text, graphics, and other materials, belong to Elementa or its licensors unless otherwise stated.

Subject to your compliance with these Terms, Elementa grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose.

You may not:

• copy;
• modify;
• distribute;
• sell;
• sublicense;
• reverse engineer;
• decompile;
• disassemble;
• exploit; or
• create derivative works from

the Services except where expressly permitted by applicable law.

If you submit feedback, suggestions, ideas, or other materials to Elementa, you grant Elementa a worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, distribute, and otherwise use such feedback for lawful business purposes.

You represent that you have the right to submit such material.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

ELEMENTA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• NON-INFRINGEMENT;
• ACCURACY;
• RELIABILITY;
• AVAILABILITY;
• SECURITY; AND
• CONTINUOUS OPERATION.

ELEMENTA DOES NOT WARRANT THAT:

• THE SERVICES WILL ALWAYS BE AVAILABLE;
• THE SERVICES WILL BE ERROR-FREE;
• TRANSACTIONS WILL BE SUCCESSFUL;
• TRANSACTIONS WILL BE PROCESSED WITHIN A PARTICULAR TIME;
• DIGITAL ASSETS WILL BE RECOVERABLE;
• WALLET ACCESS WILL ALWAYS BE AVAILABLE;
• THE SERVICES WILL BE SECURE FROM ALL THREATS;
• THIRD-PARTY SERVICES WILL OPERATE PROPERLY;
• INFORMATION PROVIDED THROUGH THE SERVICES WILL ALWAYS BE ACCURATE; OR
• THE SERVICES WILL BE AVAILABLE IN YOUR JURISDICTION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELEMENTA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY:

• LOSS OF DIGITAL ASSETS;
• LOSS OF PROFITS;
• LOSS OF REVENUE;
• LOSS OF BUSINESS;
• LOSS OF DATA;
• LOSS OF WALLET ACCESS;
• LOSS OF PRIVATE KEYS;
• LOSS OF RECOVERY CREDENTIALS;
• LOSS OF OPPORTUNITY;
• BUSINESS INTERRUPTION;
• INDIRECT LOSS;
• INCIDENTAL LOSS;
• SPECIAL LOSS;
• CONSEQUENTIAL LOSS;
• PUNITIVE DAMAGES; or
• OTHER DAMAGES

arising from or relating to your use of, or inability to use, the Services.

This limitation applies regardless of the legal theory of liability, including contract, tort, negligence, strict liability, statute, or otherwise.

Elementa shall not be liable for any loss arising from:

• user error;
• lost credentials;
• compromised credentials;
• incorrect addresses;
• incorrect networks;
• blockchain failures;
• smart contract vulnerabilities;
• third-party services;
• unauthorized access;
• malicious attacks;
• regulatory changes;
• market conditions;
• transaction failures;
• network congestion;
• forks;
• airdrops;
• protocol changes; or
• events beyond Elementa's reasonable control.

To the maximum extent permitted by applicable law, the total aggregate liability of Elementa arising out of or relating to the Services or these Terms shall not exceed the greater of:

• the amount of fees you directly paid to Elementa for the specific Services giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim; or
• one hundred U.S. dollars (USD $100), where no such fees were paid.

Nothing in these Terms shall exclude or limit liability that cannot legally be excluded or limited under applicable law.

You agree to defend, indemnify, and hold harmless Elementa and its affiliates, officers, directors, employees, contractors, service providers, licensors, and representatives from and against any claims, demands, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising from or relating to:

• Your use of the Services;
• Your violation of these Terms;
• Your violation of applicable law;
• Your Digital Asset activity;
• Your Wallet activity;
• Your breach of another person's rights;
• Fraudulent, unlawful, or abusive conduct;
• Your use of Third-Party Services; or
• Any dispute arising from your transactions.

You acknowledge that Elementa is not responsible for your personal conduct, transactions, agreements, debts, obligations, disputes, or unlawful activities.

You may not represent that:

• Elementa authorized your conduct;
• Elementa guaranteed your transaction;
• Elementa is a party to your personal transaction;
• Elementa is responsible for your Digital Assets; or
• Elementa is your agent, partner, fiduciary, trustee, or representative.

Nothing in these Terms creates an agency, partnership, joint venture, fiduciary, employment, or trust relationship between you and Elementa.

Where a dispute concerns your conduct, transaction, or relationship with another person or entity, you acknowledge that Elementa is generally not a party to that dispute.

However, nothing in these Terms prevents a court, regulator, law enforcement authority, or other legally authorized body from requiring Elementa to participate in a legal or regulatory matter where legally required.

Elementa may suspend or terminate access to the Services where it reasonably believes that:

• you have violated these Terms;
• your activity may violate applicable law;
• your account or Wallet is associated with fraud;
• your activity creates security risks;
• a legal or regulatory requirement requires action;
• a third-party provider has restricted access; or
• suspension is necessary to protect Elementa, users, or the public.

Termination of access does not necessarily affect Digital Assets held at blockchain addresses controlled by you. Because Elementa is non-custodial, termination of access to the interface may not mean that Elementa has custody or control of your Digital Assets. You remain responsible for securing and accessing your Wallet through any available lawful method.

Elementa may update these Terms from time to time. Updated Terms may be published through the Services or website.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms.

If you do not agree to updated Terms, you must stop using the Services.

These Terms shall be governed by the laws applicable to Elementa Protocol's operating entity, without regard to conflict-of-law principles.

Any dispute arising from or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts located in that jurisdiction, unless applicable law requires otherwise.

Before initiating formal legal proceedings, the parties should attempt in good faith to resolve any dispute through written notice and reasonable discussions.

Where legally permitted, disputes may be subject to:

• negotiation;
• mediation;
• arbitration; or
• the courts specified in the governing law section.

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable. The remaining provisions shall remain in full force and effect.

Failure by Elementa to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision in the future.

You may not assign or transfer your rights or obligations under these Terms without Elementa's prior written consent.

Elementa may assign or transfer its rights and obligations in connection with a merger, acquisition, restructuring, sale of assets, or other corporate transaction.

These Terms, together with any policies expressly incorporated into them, constitute the entire agreement between you and Elementa concerning your use of the Services.

They supersede prior agreements, representations, and understandings relating to the subject matter of these Terms, except where expressly stated otherwise.

Questions regarding these Terms may be directed to:

Elementa Protocol

Email: info@elementaprotocol.com

BY ACCESSING OR USING THE ELEMENTA WALLET OR ANY ELEMENTA SERVICE, YOU ACKNOWLEDGE THAT:

• ELEMENTA IS A NON-CUSTODIAL SOFTWARE PROVIDER;
• YOU ARE RESPONSIBLE FOR YOUR WALLET AND DIGITAL ASSETS;
• YOU ARE RESPONSIBLE FOR YOUR WALLET ACCESS CREDENTIALS;
• LOST ACCESS MAY RESULT IN PERMANENT LOSS OF DIGITAL ASSETS;
• BLOCKCHAIN TRANSACTIONS MAY BE IRREVERSIBLE;
• ELEMENTA DOES NOT CONTROL YOUR TRANSACTIONS;
• YOU ARE RESPONSIBLE FOR YOUR OWN LEGAL AND TAX OBLIGATIONS;
• YOU MUST NOT USE THE SERVICES FOR ILLEGAL ACTIVITIES;
• ELEMENTA MAY COMPLY WITH LAWFUL REQUESTS FROM AUTHORITIES; AND
• YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS.

BY CLICKING "I AGREE," DOWNLOADING THE APPLICATION, CONNECTING A WALLET, OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS.