Terms of Use 

Last Updated: June 22nd, 2022

The Akshaya Technologies Website is comprised of various Products, Web pages & Software owned and operated by Akshaya Technologies, Inc. d/b/a Akshaya. The Akshaya Technologies Web Site & Software is offered to you conditioned on your acceptance without modification of  the terms, conditions, and notices contained herein. Your use of the Akshaya Technologies Web  Site & Software constitutes your agreement to all such terms, conditions, and notices. These Terms  of Service (“Terms”) govern your access to and use of the Akshaya website(s), our API’s, and any  other software, tools, features, or functionalities provided on or in connection with our services;  including without limitation using our services to view, explore, and create NFTs and use our tools,  at your own discretion, to connect directly with others to purchase, sell, or transfer NFTs on public  blockchains (collectively, the “Service”). “NFT” refers to a non-fungible token or similar digital  item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts  to link to or otherwise be associated with certain content or data.

For purposes of properly understanding the Terms of Use, “Akshaya,” “we,” “us”, or “our” refers  to Akshaya Technologies, Inc. Additionally, “user”, “you”, “your” or “they” refers to you as the  user of the Service. If you use the Service on behalf of a company or other entity then “you”  includes you and that entity, and you represent and warrant that (a) you are an authorized  representative of the entity with the authority to bind the entity to these Terms, and (b) you agree  to these Terms on the entity’s behalf.

The Smart Contracts and the Website are collectively referred to in these Terms as the  “Marketplace”. Using the Marketplace, users can view their NFTs and use the Smart Contract to  acquire an artifact with other Marketplace users either using Direct Buy or Auction. Akshaya is  making the Marketplace available to all interested users however each user must agree to the Terms  of Use & all other terms & conditions incorporated herein by reference (collectively, the "Terms") prior to being permitted to utilize the Smart Contracts or Marketplace. Please read the terms  carefully before using the smart contracts or the marketplace. Unless Akshaya has executed a  separate written agreement with you, the terms govern your use of the smart contracts and the  marketplace. The smart contracts and the marketplace is available to you for use conditioned upon  your acceptance of all terms incorporated herein. By using the marketplace, the smart contracts, 

or any part of them, or by signing up, you are confirming that you understand and agree to be  bound by all terms. If you are accepting the terms on behalf of a company or other legal entity,  you represent that you have the legal authority to accept the terms on that entity’s behalf, in which  case “you” will mean that entity. Please be advised that failure to possess the proper authority to  act on a company’s behalf and/or failure to fully accept all terms & conditions contained herein  will result in Akshaya’s refusal to grant usage of smart contracts or the marketplace to the  respective user. If at inception the user fails to accept all terms contained herein, access or use the  smart contracts and/or the marketplace will be immediately denied.


THE MARKETPLACE

In order to use the Marketplace, you will first need to install a web browser (ex: Google Chrome  web browser) and an electronic wallet compatible with the Non-Fungible Token (NFT) standard  on the Ethereum network (ex: MetaMask electronic wallet). MetaMask and other electronic wallets will allow you to purchase (either directly via Coinbase if you are in the United States, or via other  third party Marketplaces), store, and engage in transactions using Ethereum cryptocurrency. You  will not be able to engage in transactions on the Marketplace without MetaMask, or other  Ethereum-compatible browsers. Transactions that take place on the Marketplace are managed and  confirmed via the Ethereum blockchain. By agreeing to the terms herein, you are acknowledging  that you understand that your Ethereum address will be made publicly visible whenever you  engage in a transaction on the Marketplace.

We neither own nor control MetaMask, Coinbase, Google Chrome, the Ethereum network, or any  other third party site, product, or service that you might access, visit, or use for the purpose of  enabling you to use the various features of the Marketplace. We will not be liable for the acts or  omissions of any such third parties, nor will we be liable for any damage that you may suffer as a  result of your transactions or any other interaction with any such third parties.

You must provide accurate and complete registration information when you create an account for  the Marketplace. By creating an account, you agree to provide accurate, current and complete information about yourself and to maintain and promptly update as necessary your account  information. You are responsible for the security of your account and MetaMask wallet (and other  Ethereum wallets and accounts). If you become aware of any unauthorized use of your password  or of your account with us, you agree to notify us immediately at Security@Akshaya.io.

FEES 

If you elect to purchase or trade on the Akshaya Marketplace, with, or from other users via the  marketplace, any financial transactions you engage in will be conducted solely through the  Ethereum network. We will have no insight into or control over payments or transactions nor do  we have the ability to reverse transactions. As such, we assume no liability to you or to any third  party for claims or damages that may arise as a result of transactions that you engage in via the  Marketplace, Smart Contracts, or the Ethereum network.

PAYMENT

Ethereum requires the payment of a transaction fee (“Gas Fee”) for every transaction that occurs  on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized  Ethereum network. This means that you will need to pay a Gas Fee for each transaction that occurs  via the Marketplace.

Be advised that you will be solely responsible for paying 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 (collectively, “Taxes”) that are associated with your use  of the Marketplace (including, without limitation, any Taxes that may become payable as the result

of your ownership or transfer of your Akshaya). Except for income taxes levied on Akshaya, you agree that you understand the following:  

(i) All users shall pay or reimburse Akshaya for all national, federal, state, local or other  taxes and assessments of any jurisdiction, including value added taxes and taxes as  required by international tax treaties, customs or other import or export taxes 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 

(ii) users shall not be entitled to deduct the amount of any such taxes, duties or assessments  from payments made to Akshaya pursuant to the Terms.  

LICENSE, OWNERSHIP & RESTRICTIONS

For purposes of this Section, the following capitalized terms will have the following meanings:

“Own” means, with respect to an Artifact, an Artifact that you have purchased or otherwise  rightfully acquired from a legitimate source, where proof of such purchase is recorded on the  relevant blockchain.

“Purchased Artifact” means an Artifact that the user owns.

“Third Party IP” means any third party patent rights (including, without limitation, patent website  and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual  property rights recognized in any country or jurisdiction in the World License to Artifact.

General Use

Subject to the user’s continued compliance with the Terms, Akshaya grants use for the following  purposes:  

(i) Personal, non-commercial use;  

(ii) (ii) As part of a marketplace that permits the purchase and sale of the user’s Purchased  Artifact, provided that the marketplace cryptographically verifies each Artifact owner’s  rights to display the Art for their Purchased Artifact to ensure that only the actual owner  can display the Art; or  

(iii) as part of a third party website that permits the inclusion, involvement, or participation  of a user’s Purchased Artifact, provided that the website cryptographically verifies each  Artifact owner’s rights to display the Art for their Purchased Artifact to ensure that  only the actual owner can display the Art, and provided that the Art is no longer visible  once the owner of the Purchased Artifact leaves the website. 

Third Party Sites

Akshaya’s Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are  not under the control of Akshaya and Akshaya is not responsible for the content of any Linked

Site, including without limitation any link contained in a Linked Site, or any changes or updates  to a Linked Site. Akshaya is not responsible for webcasting or any other form of transmission  received from any Linked Site. Akshaya is providing the links to you only as a convenience, and  the inclusion of any link does not imply endorsement by Akshaya of the site or any association  with its operators. 

Commercial Use

Subject to the user’s continued compliance with the Terms set forth, Akshaya grants a limited,  worldwide, non-exclusive, non-transferable license to use, copy and display the Art for the user’s Purchased Artifact for the purpose of commercializing merchandise that includes, contains, or  consists of the Art for Purchased Artifacts (“Commercial Use”), provided that such Commercial  Use does not result in the user earning more than One Hundred Thousand Dollars ($100,000) in  gross revenue each year. For the sake of clarity, nothing in this Section will be deemed to restrict  the user from (i) owning or operating a marketplace that permits the use and sale of Akshaya  generally, provided that the marketplace cryptographically verifies each Artifact owner’s rights to  display the Art for their Purchased Artifact to ensure that only the actual owner can display the  Art; (ii) owning or operating a third party website that permits the inclusion, involvement, or  participation of Akshaya generally, provided that the third party website cryptographically verifies  each Artifact owner’s rights to display the Art for their Purchased Artifact to ensure that only the  actual owner can display the Artifact, and provided that the Artifact is no longer visible once the  owner of the Purchased Artifact leaves the Website; or (iii) earning revenue from any of the  foregoing, even where such revenue is in excess of $100,000 per year.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of Akshaya’s Website, you warrant to Akshaya that you will not use  Akshaya’s Website for any purpose that is unlawful or prohibited by the terms, conditions, and  notices herein. You may not use the Akshaya Website in any manner which could damage, disable,  overburden, or impair the Akshaya Website or interfere with any other party’s use and enjoyment  of the Akshaya Website. You may not obtain or attempt to obtain any materials or information  through any means not intentionally made available or provided for through the Akshaya Web  Sites. 

Ownership

The user owns the NFT. Each Artifact is a non-fungible token (an “NFT”) on the Ethereum  blockchain. The user will own the underlying NFT completely when purchasing an Artifact. This  means that you have the right to trade your NFT, sell it, or give it away. Ownership of the NFT is  mediated entirely by the Smart Contract and the Ethereum Network: at no point will we seize,  freeze, or otherwise modify the ownership of any Artifact.

Akshaya Owns the Marketplace. User acknowledges and agrees that Akshaya owns all legal right,  title and interest in and to all other elements of the Marketplace, and all intellectual property rights  therein (including, without limitation, all Art, designs, systems, methods, information, computer  code, software, services, “look and feel”, organization, compilation of the content, code, data, and

all other elements of the Marketplace (collectively, the “Akshaya Materials”). User acknowledges that the Akshaya Materials are protected by copyright, trade dress, patent, and trademark laws,  international conventions, other relevant intellectual property and proprietary rights, and Website  laws. All Akshaya Materials are the copyrighted property of Akshaya or its licensors, and all  trademarks, service marks, and trade names associated with the Marketplace or otherwise  contained in the Akshaya Materials are proprietary to Akshaya or its licensors. Except as expressly  set forth herein, your use of the Marketplace does not grant you ownership of or any other rights  with respect to any content, code, data, or other Akshaya Materials that you may access on or  through the Marketplace. We reserve all rights in and to the Akshaya Materials that are not  expressly granted to you in these Terms.

For the sake of clarity, you understand and agree: (a) that your purchase of an Artifact, whether  via the Marketplace or otherwise, does not grant any rights or licenses in or to the Akshaya  Materials (including, without limitation, our copyright in and to the associated Art) other than  those expressly contained in the Terms; (b) that you do not have the right, except as otherwise set  forth in the Terms, to reproduce, distribute, or otherwise commercialize any elements of the  Akshaya Materials (including, without limitation, any Art) without our prior written consent in  each case, which consent we may withhold in our sole and absolute discretion; and (c) that you  will not apply for, register, or otherwise use or attempt to use any Akshaya trademarks or service  marks, or any similar marks, anywhere in the world without Akshaya’s prior written consent in  each case, which consent we may withhold at our sole and absolute discretion.

Restrictions

User agrees that they may not, nor permit any third party to do or attempt to do any of the  foregoing without Akshaya’s express prior written consent in each case:  

(i) modify the Art for your Purchased Artifact in any way, including, without limitation,  the shapes, designs, drawings, attributes, or color schemes (your use of Extensions will  not constitute a prohibited modification hereunder); 

(ii) use the Art for your Purchased Artifact to advertise, market, or sell any third party  product or service;  

(iii) use the Art for your Purchased Artifact in connection with images, videos, or other  forms of media that depict hatred, intolerance, violence, cruelty, or anything else that  could reasonably be found to constitute hate speech or otherwise infringe upon the  rights of others;  

(iv) use the Artifact for your Purchased Artifact in movies, videos, or any other forms of  media, except to the limited extent that such use is expressly permitted in these Terms  or solely for your own personal, non-commercial use;  

(v) sell, distribute for commercial gain (including, without limitation, giving away in the  hopes of eventual commercial gain), or otherwise commercialize merchandise that  includes, contains, or consists of the Art for your Purchased Artifact, except as  expressly permitted in these Terms;  

(vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property  rights in or to the Art for your Purchased Artifact; or

(vii) otherwise utilize the Art for your Purchased Artifact for your or any third party’s  commercial benefit. To the extent that Art associated with your Purchased Artifact  contains Third Party IP (e.g., licensed intellectual property from a celebrity, athlete, or  other public figure), you understand and agree as follows: (a) that you will not have the  right to use such Third Party IP in any way except as incorporated in the Art, and subject  to the license and restrictions contained herein; (b) that the Commercial Use license above will not Apply; (c) that, depending on the nature of the license granted from the  owner of the Third Party IP, Akshaya may need to pass through additional restrictions  on your ability to use the Art; and (d) to the extent that Akshaya informs you of such  additional restrictions in writing (email is permissible), you will be responsible for  complying with all such restrictions from the date that you receive the notice, and that  failure to do so will be deemed a breach of this license. The restrictions in this Section  will survive the expiration or termination of these Terms. 

TERMINATION/ACCESS RESTRICTION

The user may terminate these Terms at any time by canceling the account on the Marketplace and  discontinuing use of and access to the Marketplace. You will not receive refunds of any kind if  you choose to cancel your account, or otherwise terminate these Terms. Akshaya also reserves the  right, in its sole discretion, to terminate your access to Akshaya’s Website and related services or  any portion thereof at any time, without notice. In the event of termination or suspension, Akshaya 

will not be liable to you or to any third party for any such suspension or termination. If Akshaya terminates these Terms or suspend or terminate your access to or use of the Marketplace due to  your breach of the Terms or any suspected fraudulent, abusive, or illegal activity, then termination  of the Terms will be in addition to any other remedies we may have at law or in equity. Upon any  termination or expiration of these Terms, whether by you or Akshaya, you may no longer have  access to information that you have posted on the Marketplace or that is related to your account,  and you acknowledge that Akshaya has no obligation to maintain any such information in its 

databases or to forward any such information to you or to any third party. This entire section will  survive the termination or expiration of all Terms contained herein for any reason.

RISK/LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR  AVAILABLE THROUGH AKSHAYA’S WEBSITE MAY INCLUDE INACCURACIES  OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED.  AKSHAYA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR  CHANGES IN AKSHAYA’S WEBSITE AT ANY TIME. ADVICE RECEIVED VIA  AKSHAYA’S WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL  OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE  PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOU. AKSHAYA AND/OR  ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,  RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE  INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS  CONTAINED ON AKSHAYA’S WEBSITE FOR ANY PURPOSE. YOU UNDERSTAND  AND AGREE THAT YOUR ACCESS TO AND USE OF THE MARKETPLACE IS AT

YOUR SOLE RISK AND THAT THE MARKETPLACE IS PROVIDED "AS IS" AND "AS  AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR  IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AKSHAYA, IT’S SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO  EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES  REGARDING THE MARKETPLACE AND ANY PART OF IT (INCLUDING, WITHOUT  LIMITATION, THE MARKETPLACE, ANY SMART CONTRACT, OR ANY  EXTERNAL WEB MARKETPLACES), INCLUDING THE IMPLIED WARRANTIES OF  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON

INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT  LIMITING THE GENERALITY OF THE FOREGOING, AKSHAYA, IT’S SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT NOR  WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE MARKETPLACE WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE  MARKETPLACE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM  ERROR, (III) USAGE DATA PROVIDED THROUGH THE MARKETPLACE WILL BE  ACCURATE, (III) THE MARKETPLACE OR ANY CONTENT, SERVICES, OR  FEATURES MADE AVAILABLE ON OR THROUGH THE MARKETPLACE ARE  FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY  DATA THAT YOU DISCLOSE WHEN YOU USE THE MARKETPLACE WILL BE  SECURE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT  SHALL AKSHAYA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,  INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR  ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES  FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY  CONNECTED WITH THE USE OR PERFORMANCE OF AKSHAYA’S WEBSITE,  WITH THE DELAY OR INABILITY TO USE AKSHAYA’S WEBSITE OR RELATED  SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR  ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED  GRAPHICS OBTAINED THROUGH AKSHAYA’S WEBSITE, OR OTHERWISE  ARISING OUT OF THE USE OF AKSHAYA’S WEBSITE, WHETHER BASED ON  CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. SOME  JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN  CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE  EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY  PORTION OF AKSHAYA’S WEBSITE, OR WITH ANY OF THESE TERMS OF USE,  YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AKSHAYA’S  WEBSITE. 

YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION  AND DEALING ONLINE, AND AGREE THAT WE HAVE NO LIABILITY OR  RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR  GROSS NEGLIGENCE.

AKSHAYA WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES  YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK OR  THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO  ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (i) USER ERROR, SUCH AS  FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS  OR OTHER TRANSACTIONS; (ii) SERVER FAILURE OR DATA LOSS; (iii)  CORRUPTED WALLET FILES; OR (iv) UNAUTHORIZED ACCESS OR ACTIVITIES  BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES,  PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE  MARKETPLACE, ETHEREUM NETWORK, OR THE METAMASK ELECTRONIC  WALLET.

AKSHAYA IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY  OTHER FEATURES OF THE ETHEREUM NETWORK OR THE METAMASK  ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY  DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES  WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK,  INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING  FUND LOSSES AS A RESULT.

Furthermore, user specifically accepts and acknowledges each of the following:

The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital  assets could materially and adversely affect the value of your Akshaya, which may also be subject  to significant price volatility. As such, Akshaya cannot guarantee that purchasers will not lose  money.

You are solely responsible for determining what, if any, taxes apply to your Akshaya-related  transactions. Akshaya is not responsible for determining the taxes that Apply to your transactions  on the Marketplace or the Smart Contracts.

The Marketplace does not store, send, or receive Akshaya. This is because Akshaya exist only by  virtue of the ownership record maintained on the Marketplace’s supporting blockchain in the  Ethereum network. Any transfer of Akshaya occurs within the supporting blockchain in the  Ethereum network, and not on the Marketplace.

There are risks associated with using an Internet-based currency, including, but not limited to, the  risk of hardware, software and Internet connections, the risk of malicious software introduction,  and the risk that third parties may obtain unauthorized access to information stored within your  wallet. You accept and acknowledge that Akshaya will not be responsible for any communication  failures, disruptions, errors, distortions or delays you may experience when using the Ethereum  network, however caused.

A lack of use or public interest in the creation and development of distributed ecosystems could  negatively impact the development of the Akshaya ecosystem, and therefore the potential utility  or value of Akshaya.

The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is  uncertain, and new regulations or policies may materially adversely affect the development of the  Akshaya ecosystem, and therefore the potential utility or value of Akshaya.

MODIFICATIONS TO TERMS OF USE

Akshaya reserves the right to alter, change, revise, edit and/or delete the terms, conditions, and  notices under which Akshaya’s website is offered which includes but is not limited to charges  associated with the use of Akshaya’s website and services. When we make changes, we will make  the updated Terms available on the Marketplace and update the “Last Updated” date at the  beginning of these Terms accordingly. Please check the Terms periodically for changes. Any  changes to the Terms will Apply on the date that they are made, and your continued access to or  use of the Marketplace after the Terms have been updated will constitute your binding acceptance  of the updates. If you do not agree to any revised Terms, you may not access or use the  Marketplace.

PRIVACY POLICY

Our Privacy Policy describes the ways we collect, use, store and disclose your personal  information, and is hereby incorporated by this reference into the Terms. You agree to the  collection, use, storage, and disclosure of your data in accordance with our Privacy Policy.

DISPUTES & PROPER VENUE

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS AGREEMENT IS  GOVERNED BY THE LAWS OF THE STATE OF GEORGIA AND YOU HEREBY  CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF COURTS IN  FULTON COUNTY IN THE STATE OF GEORGIA IN ALL DISPUTES ARISING OUT  OF OR RELATING TO THE USE OF AKSHAYA’S WEBITES AND SOFTWARE. WITH  RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS,  INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE  MARKETPLACE, THE SMART CONTRACTS, OR ANY PRODUCTS SOLD OR  DISTRIBUTED THROUGH THE MARKETPLACE, OR THE SMART CONTRACTS: (I)  YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY;  AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS  A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT  LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE. PLEASE BE ADVISED THAT A PRINTED VERSION OF THIS AGREEMENT AND OF  ANY NOTICE GIVEN IN ELECTRONIC FORM SHALL BE ADMISSIBLE IN  JUDICIAL OR ADMINISTRATIVE PROCEEDINGS BASED UPON OR RELATING TO  THIS AGREEMENT TO THE SAME EXTENT AND SUBJECT TO THE SAME  CONDITIONS AS OTHER BUSINESS DOCUMENTS AND RECORDS ORIGINALLY  GENERATED AND MAINTAINED IN PRINTED FORM.

GENERAL TERMS AND CONITIONS

These Terms constitute the entire legal agreement between you and Akshaya. You agree to govern  your access to and use of the Marketplace, and completely replace any prior or contemporaneous  agreements between the parties related to your access to or use of the Marketplace, whether oral  or written. There are no third party beneficiaries to these Terms. The parties are independent  contractors, and nothing in the Terms create any agency, partnership, or joint venture. The  language in these Terms will be interpreted as to its fair meaning, and not strictly for or against  any party. You may not assign any of your rights or obligations under these Terms, whether by  operation of law or otherwise, without Akshaya’s prior written consent. Akshaya may assign its rights and obligations under the Terms in its sole discretion to an affiliate, or in connection with  an acquisition, sale or merger. Should any part of these Terms be held invalid or unenforceable,  that portion shall be construed consistent with applicable law and the remaining portions will  remain in full force and effect. Akshaya’s failure to enforce any provision of these Terms will not  be deemed a waiver of such provision, nor of the right to enforce such provision(s). Smart contract  external auditing is under progress.