Asteroidprotocol.io TERMS OF SERVICE

PLEASE FIND BELOW THE TERMS OF SERVICE GOVERNING THE USE OF asteroidprotocol.io (the “Site”).

These terms of service (these “Terms”) have been established by Delphi Labs Ltd, a British Virgin Islands company limited by shares (the owner/operator of the Site) (collectively with its successors and assigns, the “Site Operator” ). The Terms constitute a binding legal agreement between the Site Operator and each individual, entity, group or association who views, interacts with, links to, or otherwise uses and derives any benefit from the Site (“User”). Please contact us at [email protected] for any questions or issues.

Summary

Among other things, the Terms and Conditions provide that you must:

  • be at least eighteen years of age, of sound mental capacity and have all technical knowledge necessary or advisable to understand and evaluate the risks of the Site and the Asteroid Protocol;

  • agree that the Site is provided for informational purposes only and is not directly or indirectly in control of or capable of interacting with Cosmos Hub and Asteroid Protocol or performing or effecting any transactions on your behalf;

  • agree that the Site is only being provided as an aid to your own independent research and evaluation of Asteroid Protocol and that no representation or warranty is being made as to the accuracy or completeness of information on the Site;

  • agree that the ability of the Site to connect with third-party wallet applications or devices is not an endorsement or recommendation thereof by or on behalf of the Site Operator, and you must assume all responsibility for selecting and evaluating and incurring the risks of any bugs, defects, malfunctions or interruptions of any third-party wallet applications or devices you directly or indirectly use in connection with the Site;

  • comply with all applicable laws, rules and regulations;

  • not be a person who is subject to national or international sanctions or located or ordinarily resident in Cuba, Iran, North Korea, Sudan, Syria, the Crimea or Donetsk/Luhansk regions or any other country or jurisdiction against which the U.S. or the United Nations maintains economic sanctions;

  • not hold the Site Operator or any of its representatives or affiliates liable for any damages you suffer in connection with your use of the Site or Asteroid Protocol;

  • waive your right to initiate or participate in class actions relating to the Site; and

  • resolve any disputes regarding the Site pursuant to binding, confidential arbitration and waive your right to a jury trial in connection with such disputes.

The above is only a partial summary. You should read these Terms and Conditions in their entirety. In the event of any conflict or inconsistency between this summary and the Terms, the Terms will control.

Agreement

  1. Site Overview

1.1 About Inscriptions

“Inscriptions” refer to immutable data stored directly on a blockchain. Often, this data takes the form of images (.jpg or .png). Data can also have associated metadata such as a title, description, social media links, etc. As transactions relating to an Inscription are likewise recorded and stored on the blockchain, Inscriptions may be owned and transferred and are frequently referred to as “NFTs” or “non-fungible tokens.”

1.2 About Asteroid Protocol

Asteroid Protocol is a protocol for writing Inscriptions to the Cosmos Hub blockchain in a permissionless, decentralized manner, using the CFT-20 token standard. Any sort of data (up to ~550kb) can be inscribed on Cosmos Hub by embedding it within a Cosmos Hub transaction.

Cosmos Hub is a permissionless blockchain. Any user with a Cosmos Hub-compatible wallet can create transactions with embedded data on the network at any time; therefore, there can be no guarantee or assurance of the uniqueness, originality or quality of any Inscription or its metadata. In the absence of an express legal agreement between the creator of an Inscription and purchasers of the Inscription, there cannot be any guarantee or assurance that the purchase or holding of the Inscription confers any license to or ownership of the Inscription metadata or other intellectual property associated with the Inscription or any other right or entitlement, notwithstanding that User may rightfully own or possess the Inscription itself.

1.3 About the Site

asteroidprotocol.io offers tooling to allow users to create, upload, and trade Inscriptions without having to run their own Cosmos Hub node. The Site also displays data which has been uploaded to the Cosmos Hub blockchain.

1.4 Relationship to Asteroid System

The Site Operator does not own, operate or control Cosmos Hub or the Asteroid Protocol. Using Cosmos Hub or the Asteroid Protocol does not require use of the Site. The Site aggregates and publishes publicly available information about Cosmos Hub and the Asteroid Protocol in a user-friendly and convenient format. Such information is also independently available from other sources—for example, a person may directly review Cosmos Hub transaction history, account balances and the Asteroid Protocol on a Cosmos Hub block explorer.

By combining publicly available information with the User’s interactions with the Site, the Site can draft standard transaction messages compatible with the Asteroid Protocol, which are designed to accomplish the User’s operational goals as expressed through the interactions. If the User so wishes, the User may broadcast such messages to Cosmos Hub in order to initiate transactions.

All draft transaction messages are delivered by the Site via API to a compatible third-party Cosmos wallet application or device selected by the User after pressing the “Connect Wallet” button on the Site. The User must personally review and authorize all transaction messages that the User wishes to send to the appropriate blockchain network; this requires the User to sign the relevant transaction message with a private cryptographic key inaccessible to the Site. The User-authorized message will then be broadcast to Cosmos Validators through the wallet application or device and the User may pay a network fee to have the Validators apply the transaction message to the Asteroid Protocol and record the results on Cosmos Hub —resulting in a token transaction being completed on the appropriate blockchain.

The Site Operator and the Site are not agents or intermediaries of the User, do not store or have access to or control over any tokens, private keys, passwords, accounts or other property of the User, and are not capable of performing transactions or sending transaction messages on behalf of the User. The Site does not hold and cannot purchase, sell or trade any tokens. All transactions relating to the Asteroid Protocol are effected and recorded solely through the interactions of the User with the Cosmos Validators, who are not under the control of or affiliated with the Site Operator or the Site. User shall have sole responsibility for any transactions transmitted to Cosmos Hub Validators, and the Site Operator shall have no liability for displaying such transactions on the Site.

  1. License; Eligibility Requirements

2.1 Eligibility

Users of the Site must be of legal age in the jurisdiction in which the User resides (and in any event is older than thirteen years of age), of sound mental capacity, and possess all technical knowledge necessary or advisable to understand and evaluate the risks of the Site.

2.2 License

Each User, subject to and conditioned upon such User’s eligibility under and acceptance of and adherence to these Terms, is hereby granted a personal, revocable, non-exclusive, non-transferable, non-sub-licensable license to view, access and use the Site in accordance with these Terms.

  1. Restrictions

3.1 General Restrictions

By accessing, browsing, or using the Site, User agrees to the following restrictions:

  • User will not use, intentionally or unintentionally, any of the content, information, or services on the Site in a manner contrary to or in violation of any applicable international, national, federal, state, or local law, rule, or regulation having the force of law;
  • User will not use the Site in any manner that could harm, infect, take over, disable, overburden, or otherwise impair any of the Site Operator’s computer systems, including without limitation the servers, networks, and other components connected to or used for the Site;
  • User will not interfere with any other party’s use and enjoyment of the Site, or of any of the content, information, or services provided on the Site;
  • to the extent that User is able to upload, post or otherwise transmit content using the Site, User will not upload, post, or otherwise transmit any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • User will not upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • User will not attempt to disable, avoid, or circumvent any security or access restrictions of the Website or otherwise attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any server used for the Site, through password mining, hacking, or any other means;
  • User will not seek to gain access to any materials or information through any means not intentionally made available to you by the Site Operator;
  • User will not reproduce, duplicate, copy, download, store, further transmit, disseminate, distribute, transfer, or otherwise exploit the Site, or any portion hereof, without the Site Operator’s prior written consent, except that publicly-available content available on the Site on a complimentary basis may be searched, viewed, reproduced and downloaded solely for User’s own use, provided that such content is not transmitted or distributed to any other person and such use is not commercially prejudicial to or competitive with the Site Operator;
  • User will not automate access to the Website, or monitor the Website, such as with a web crawler, browser plug-in or add-on, or other computer program that is not a web browser; except that you may crawl the publicly-available portions of the Website to index it for a publicly-available search engine, if you run one;
  • User will not circumvent geographic access controls, including by using a virtual private network (VPN) to bypass such controls; and
  • you will not encourage or assist anyone in violation of the Terms.

Without limiting the foregoing, the Site Operator has the right to fully cooperate with any law enforcement authorities or court orders for any purpose. USER WAIVES AND HOLD HARMLESS THE SITE OPERATOR AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

3.2 Disqualifying Events. The Site Operator shall have sole and absolute discretion to remove, de-index on the Site, or refuse to display certain Inscriptions on the Site or restrict the creation of Inscriptions using the Site, including in connection with the Site Operator’s belief that such inscriptions violate these Terms or the Site’s Privacy Policy. The Site Operator does not commit and shall not be liable for any failure to support, display or offer or continue to support, display or offer any Inscription for trading on asteroidprotocol.io. Without prejudice to the foregoing provisions, the Site Operator shall not be required or obligated to facilitate transactions on asteroidprotocol.io involving Inscriptions or CFT-20s that:

  1. employ any device, scheme or artifice to defraud, or otherwise materially mislead the Site Operator or any member of the asteroidprotocol.io community;
  2. engage in any act, practice or course of business which operates or would operate as a fraud or deceit upon the Site Operator or any member of the asteroidprotocol.io community;
  3. violate, breach or fail to comply with any applicable provision of these Terms or Privacy Policy, trading policies or other contracts governing the use of asteroidprotocol.io or any relevant Inscriptions or CFT-20s;
  4. benefit a competitor of the Site Operator or provide a product which competes in any material respect with asteroidprotocol.io;
  5. engage or attempt to engage in or assist any hack of or attack on asteroidprotocol.io or the underlying Asteroid Protocol or Cosmos Hub blockchain, including any “sybil attack”, “DoS attack” or “griefing attack” or theft of inscriptions, CFT-20s or funds;
  6. create, buy or sell any Inscription infringing on the copyright or other intellectual property rights of others; or
  7. commit any violation of applicable laws, rules or regulations.

3.3 Disqualification Based on Wash Trading, Etc.

Without prejudice to any of Site Operator’s rights under these Terms, if the Site Operator knows or has reason to suspect a User has engaged in or knowingly facilitated any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or other fraudulent, deceptive or manipulative trading activities (“Deceptive Trading Practices”) for any purpose, the Site Operator reserves the right to remove data related to those activities from asteroidprotocol.io, such as any volume-based data related to those transactions or marketplace listings or addresses associated with or connected to the Deceptive Trading Practices.

Deceptive Trading Practices may include, for example:

  1. trading an Inscription or CFT-20 at successively lower or higher prices for the purpose of creating or inducing a false, misleading or artificial appearance of activity in such Inscription or CFT-20, unduly or improperly influencing the market price for such Inscription or CFT-20, or establishing a price which does not reflect the true state of the market for such Inscription or CFT-20;
  2. creating or inducing a false or misleading appearance of activity with respect to the market for Inscriptions or CFT-20s or any class or category of them;
  3. executing or causing the execution of any transaction in an Inscription or CFT-20 which involves no material change in the beneficial ownership thereof; or
  4. entering any order for the purchase or sale of an Inscription or CFT-20 with the knowledge that an order of substantially the same size, and at substantially the same price, for the sale of such Inscription or CFT-20, has been or will be entered by or for the same or different parties; or
  5. participating in, facilitating, assisting or knowingly transacting with any pool, syndicate or joint account organized for the purpose of unfairly or deceptively influencing the market price of an inscription or CFT-20.

Users are encouraged to report Deceptive Trading Practices by e-mailing a description of the behavior and evidence such as verifiable on-chain data around such transactions to [email protected]. Note however that other marketplaces or websites may not hide such transactions, and that the permissionless nature of blockchains make it difficult to incontrovertibly identify wallets which are owned or controlled by the same entity.

3.4 Disqualification Based on Unintended Uses of asteroidprotocol.io.

asteroidprotocol.io is reserved exclusively for consumer entertainment and artistic uses. asteroidprotocol.io is not a securities exchange, general-purpose commodities exchange, prediction market, futures market, marketplace for buying, selling or advertising goods or personal, professional or business services or venue for commercial, investment or financing transactions such as lending/borrowing, issuing or transacting in securities, transferring title or rights with respect to tangible or intangible property (other than licenses to IP inheringin Inscriptions pursuant to entertainment and artistic uses) or real estate, engaging in leveraged or margined trading of commodities or securities, engaging in the creation or trading of commodities-based or securities-based swaps, or conducting or participating in ICOs, DAICOs, IEOs, “yield farming” or other token-based fundraising events. If the Site Operator knows or has reason to suspect a user has engaged in unintended or unauthorized uses of asteroidprotocol.io, the Site Operator reserves the right to remove Inscriptions and transactional data related to the aforementioned activities from asteroidprotocol.io.

3.5 Removal of Objectionable Content.

asteroidprotocol.io displays information which is permissionlessly inscribed on Cosmos Hub. The Site Operator reserves the right to remove, de-index on the Site, restrict, or refuse to display what it deems objectionable Inscriptions or CFT-20s at its sole discretion. The following forms of content are expressly forbidden and will be removed or placed behind a pop-up warning without notice:

  1. Pornography. Photographic or near-photographic depictions of sex or sex acts;
  2. Inciting violence. Content that is designed to or could potentially incite violence;
  3. Threatening material. Content that threatens or could be construed to threaten or intimidate individuals or groups of people.
  4. Content that demeans or humiliates individuals or specific groups or subgrounds, including on the basis of race, ethnicity, nationality, gender, religion, or sexual orientation.

In some cases, users may be able to reveal objectionable content by clicking on a pop-up warning informing them that the Inscription or CFT-20 they’re about to view may contain objectionable content. User understands that while this content can be hidden or restricted on asteroidprotocol.io, it cannot be removed or altered on Cosmos Hub and may appear on other marketplaces. To report objectionable content, please contact the Site Operator at [email protected].

3.6 Copyrighted materials.

Users should not use asteroidprotocol.io to inscribe materials to which they do not own the copyright. The Site Operator complies with the Digital Millennium Copyright Act (DMCA). If you are a copyright owner with unauthorized copyrighted materials on asteroidprotocol.io, please file a DMCA takedown request.

  1. Representations and Warranties of asteroidprotocol.io users

Each User hereby represents and warrants to the Site Operator that the following statements and information are accurate and complete at all relevant times. In the event that any such statement or information becomes untrue as to a User, User shall immediately cease using asteroidprotocol.io.

4.1 Status.

If User is an individual, User is of legal age in the jurisdiction in which User resides (and in any event is older than thirteen years of age) and is of sound mind. If User is a business entity, User is duly organized, validly existing and in good standing under the laws of the jurisdiction in which it is organized, and has all requisite power and authority for a business entity of its type to carry on its business as now conducted.

4.2 Power and Authority.

User has all requisite capacity, power and authority to accept the these Terms and to carry out and perform its obligations under these Terms. These Terms constitute a legal, valid and binding obligation for Users and are enforceable against Users in accordance with their terms.

4.3 No Conflict; Compliance with law.

A User agreeing to these Terms and buying, selling holding, using or transacting with inscriptions via asteroidprotocol.io does not constitute, and would not reasonably be expected to result in (with or without notice, lapse of time, or both) a breach, default, contravention or violation of any law applicable to User, or contract or agreement to which User is a party or by which User is bound.

4.4 Absence of Sanctions.

User is not (and, if User is an entity, User is not owned or controlled by any other person who is), acting on behalf of any other person who is identified on any list of prohibited parties under any law or by any nation or government, state or other political subdivision thereof, any entity exercising legislative, judicial or administrative functions of or pertaining to government such as the lists maintained by the United Nations Security Council, the U.S. government (including the U.S. Treasury Department’s Specially Designated Nationals list and Foreign Sanctions Evaders list), the European Union (EU) or its member states, and the government of a User home country. User is not (and, if User is an entity, User is not owned or controlled by any other person who is), acting on behalf of any other person who is, located, ordinarily resident, organized, established, or domiciled in Cuba, Iran, North Korea, Sudan, Syria, the Crimea region (including Sevastopol) or any other country or jurisdiction against which the U.S. maintains economic sanctions or an arms embargo. The tokens or other funds a User uses to participate on asteroidprotocol.io or acquire inscriptions or CFT-20s are not derived from, and do not otherwise represent the proceeds of, any activities done in violation or contravention of any law.

4.5 No Claim, Loan, Ownership Interest or Investment Purpose.

User understands and agrees that the User’s purchase, sale, holding, receipt and use of asteroidprotocol.io or Inscriptions or CFT-20s does not: (a) represent or constitute a loan or a contribution of capital to, or other investment in; (b) provide User with any ownership interest, equity, security, or right to or interest in the assets, rights, properties, revenues or profits of, or voting rights whatsoever in, asteroidprotocol.io or the Site Operator; or (c) create or imply or entitle User to the benefits of any fiduciary or other agency relationship between asteroidprotocol.io or any of its directors, officers, employees, agents or Affiliates and User. User is not entering into these Terms or buying, selling, holding, receiving or using Inscriptions or CFT-20s for the purpose of making an investment with respect to the Site Operator, but solely wishes to use asteroidprotocol.io for its intended purposes. User understands and agrees that the Site Operator will not accept or take custody over any inscriptions, CFT-20s, cryptocurrencies or other assets of User and has no responsibility or control over the foregoing.

4.6 Non-Reliance.

User is knowledgeable, experienced and sophisticated in using and evaluating blockchain and related technologies and assets, including Cosmos Hub, inscriptions, fungible and non-fungible tokens and “smart contracts” (bytecode deployed to Cosmos Hub or another blockchain). User has conducted its own thorough independent investigation and analysis of asteroidprotocol.io and Inscriptions, and the other matters contemplated by these Terms, and has not relied upon any information, statement, omission, representation or warranty, express or implied, written or oral, made by or on behalf of the Site Operator in connection therewith, except as expressly set forth by Delphi Labs in these Terms.

  1. Risks, Disclaimers and Limitations of Liability.

5.1 Disclaimer.

The information presented on or through the Site is made available solely for general information purposes. The Site Operator does not warrant the accuracy, completeness or usefulness of this information. Use of the Site and/or such information is strictly at User’s own risk. The Site Operator disclaims all liability and responsibility arising from any reliance placed on such materials by User or any other visitor to the Site, or by anyone who may be informed of any of its contents. The Site Operator does not undertake to review all content prior to displaying it on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, the Site Operator assumes no liability or responsibility for any action or inaction regarding transmissions, communications or content provided by any User or third party.

SITE OPERATOR PROVIDES THIS SITE “AS IS” and “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:

  • WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, AND DELAYS;
  • WARRANTIES THAT ACCESS TO ANY PRODUCT WILL BE UNINTERRUPTED, SECURE, COMPLETE, OR ERROR-FREE;
  • WARRANTIES AS TO THE LIFE OF ANY URL OR THIRD-PARTY WEB SERVICE; AND
  • WARRANTIES WITH REGARD TO ANY CONTENT OR SOFTWARE THAT HAS BEEN MODIFIED IN ANY WAY BY ANYONE OTHER THAN, AND WITHOUT THE EXPRESS APPROVAL OF, SITE OPERATOR.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

5.2 No Consequential, Incidental or Punitive Damages.

Notwithstanding anything to the contrary contained in these Terms, the Site OperatorDelphi Labs shall not be liable to any person, whether in contract, tort (including pursuant to any cause of action alleging negligence), warranty or otherwise, for special, incidental, consequential, indirect, punitive or exemplary damages (including but not limited to lost data, lost profits or savings, loss of business or other economic loss) arising out of or related to these Terms, whether or not the Site OperatorDelphi Labs has been advised or knew of the possibility of such damages, and regardless of the nature of the cause of action or theory asserted.

5.3 Limitation of Liability.

The Site Operator’sDelphi Labs’s liability for damages to each User shall in all cases be limited to, and under no circumstances shall exceed, Delphi Labs’s service fees actually received by Delphi Labs from such User.

5.4 No Responsibility for Inscriptions; No Guarantee of Uniqueness or IP.

The Site Operator has no responsibility for the Inscriptions created or traded by Users on asteroidprotocol.io. The Site Operator does not investigate and cannot guarantee or warrant the authenticity, originality, uniqueness, marketability, legality or value of any inscriptions or CFT-20s created or traded by Users on asteroidprotocol.io.

5.5 No Professional Advice or Liability.

All information provided by or on behalf of Site Operator is for informational purposes only and should not be construed as professional, accounting or legal advice. Users should not take or refrain from taking any action in reliance on any information contained in these Terms or provided by or on behalf of Site Operator. Before Users make any financial, legal, or other decisions involving the services provided on asteroidprotocol.io, Users should seek independent professional advice from persons licensed and qualified in the area for which such advice would be appropriate.

5.6 Limited Survival Period for Claims.

Any claim or cause of action a User may have or acquire in connection with asteroidprotocol.io or any of the other matters contemplated by these Terms shall survive for, and may be brought against Site Operator solely prior to, the shorter of: (a) the expiration of the statute of limitations applicable thereto; and (b) the date that is six months after the date on which the facts and circumstances giving rise to such claim or cause of action first arose.

5.7 Third-Party Offerings and Content.

References, links or referrals to or connections with or reliance on third-party resources, products, services or content, including smart contracts developed or operated by third parties, may be provided to Users in connection with asteroidprotocol.io. In addition, third parties may offer promotions related to asteroidprotocol.io. Inscriptions may also contain links to malicious or misleading websites. The Site Operator does not endorse or assume any responsibility for any activities of or resources, products, services, content or promotions owned, controlled, operated or sponsored by third parties. If Users access any such resources, products, services or content or participate in any such promotions, Users do so solely at their own risk. Each User hereby expressly waives and releases Site Operator from all liability arising from User’s use of any such resources, products, services or content or participation in any such promotions. User further acknowledges and agrees that Site Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such resources, products, services, content or promotions from third parties.

5.8 Certain Uses and Risks of Blockchain Technology.

  1. Use of Blockchain Technology. The Site utilizes experimental cryptographic technologies and blockchain technologies, including inscriptions, tokens, cryptocurrencies, “smart contracts,” consensus algorithms, voting systems and distributed, decentralized or peer-to-peer networks or systems. User acknowledges and agrees that such technologies are novel, experimental, and speculative, and that therefore there is significant uncertainty regarding the operation and effects and risks thereof and the application of existing law thereto.

  2. Certain Risks of Blockchain Technology. The technology utilized in delivering asteroidprotocol.io depends on public peer-to-peer networks that are not under the control or influence of the Site Operator and are subject to many risks and uncertainties. User is solely responsible for the safekeeping of the private key associated with the blockchain address used to participate in transactions on asteroidprotocol.io. The Site Operator will not be able to restore or issue any refund in respect of any Inscriptions or CFT-20s due to lost private keys. If a User is not able to transfer or access an Inscription or CFT-20, due to loss or theft of the corresponding private key or otherwise, a User may irrevocably lose access to their Inscriptions and/or CFT-20s.

  3. Certain Risks of Smart Contract-based Bridging Technology. The Site Operator has developed an open-source, audited bridging service that allows users to transfer CFT-20s between the Cosmos Hub and Neutron blockchains. These transactions rely on Cosmos Hub inscriptions, a federation of open-source Asteroid Indexers and smart contracts on the Neutron blockchain, some of which may be coded or deployed by persons other than the Site Operator. Once deployed to Neutron, the code of smart contracts, including the bridging system, cannot be modified. In the event that the bridging system or other smart contracts are adversely affected by malfunctions, bugs, defects, malfunctions, hacking, theft, attacks, negligent coding or design choices, or changes to the protocol rules of Neutron, Cosmos Hub or the Asteroid Indexer, Users may be exposed to a risk of total loss and forfeiture of all Inscriptions, CFT-20s and other relevant digital assets. The Site Operator assumes no liability or responsibility for any of the foregoing matters, except as otherwise expressly provided by these Terms or required by applicable law.

  4. Marketplace transactions. Transactions take place directly on the Cosmos Hub blockchain, and are tracked by the open-source Asteroid Indexer or other indexing services built on top of Cosmos Hub. asteroidprotocol.io displays transaction data from the open-source Asteroid Indexer. At no time does asteroidprotocol.io take custody of User assets. Indexing errors may expose users to a risk of total loss and forfeiture of all Inscriptions, CFT-20s and other relevant digital assets.

  5. Asset Prices. The fiat-denominated prices and value in public markets of assets such as ATOM, inscriptions and CFT-20s have historically been subject to dramatic fluctuations and are highly volatile. As relatively new products and technologies, blockchain-based assets are not widely accepted as a means of payment for goods and services. A significant portion of demand for these assets is generated by speculators and investors seeking to profit from the short- or long-term holding of blockchain assets. The market value of any ATOM, inscription or CFT-20 may decline below the price for which a User acquires such asset through asteroidprotocol.io or on any other platform. Users acknowledge and agree that the costs and speeds of transacting with cryptographic and blockchain-based systems such as Cosmos Hub are variable and may increase or decrease dramatically at any time, resulting in prolonged inability to access or use any ATOM, Inscription or CFT-20 or other digital assets associated with asteroidprotocol.io.

  6. Regulatory Uncertainty. Blockchain technologies and digital assets are subject to many legal and regulatory uncertainties, and asteroidprotocol.io, ATOM, Inscriptions, and CFT-20s could be adversely impacted by one or more regulatory or legal inquiries, actions, suits, investigations, claims, fines or judgments, which could impede or limit the ability of User to continue the use and enjoyment of such assets and technologies.

  7. Cryptography Risks. Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to Cosmos Hub, Neutron, asteroidprotocol.io, Inscriptions and CFT-20s, including the theft, loss or inaccessibility thereof.

  8. Fork Handling. Cosmos Hub, Neutron, and Asteroid indexers may be subject to “forks.” Forks occur when some or all persons running the software clients for a particular blockchain system adopt a new client or a new version of an existing client that: (i) changes the protocol rules in backwards-compatible or backwards-incompatible manner that affects which transactions can be added into later blocks, how later blocks are added to the blockchain, or other matters relating to the future operation of the protocol; or (ii) reorganizes or changes past blocks to alter the history of the blockchain. Some forks are “contentious” and thus may result in two or more persistent alternative versions of the protocol or blockchain, either of which may be viewed as or claimed to be the legitimate or genuine continuation of the original. The Site Operator may not be able to anticipate, control or influence the occurrence or outcome of forks, and does not assume any risk, liability or obligation in connection therewith. Without limiting the generality of the foregoing, the Site Operator does not assume any responsibility to notify a User of pending, threatened or completed forks. The Site Operator will respond to any forks as it determines in its sole and absolute discretion, and shall not have any duty or obligation or liability to a User if such response (or lack of such response) acts to a User’s detriment. Without limiting the generality of the foregoing, the Site Operator’s possible and permissible responses to a fork may include: (i) honoring the Asteroid indexer, Inscriptions and CFT-20s on both chains; (ii) honoring the Asteroid indexer, Inscriptions and CFT-20s on only one of the chains; (iii) honoring the Asteroid indexer, Inscriptions and CFT-20s in different respects or to a different extent on each chain; or (iv) any other response or policy or procedure, as determined by the Site Operator in its sole and absolute discretion. The Site Operator reserves the right to only allow one Inscription to be associated with the relevant metadata forming the Inscription or CFT-20, notwithstanding that copies of such Inscriptions may exist on both chains following a fork. A User assumes full responsibility to independently remain apprised of and informed about possible forks, and to manage a User’s own interests in connection therewith.

  9. Essential Third-Party Software Dependencies. The Asteroid indexer surfaces on-chain transactions that occur on Cosmos Hub and makes them easy to view/find. Cosmos Hub and other smart contracts deployed to Neutron are public software utilities which are accessible directly through any Cosmos Hub node or indirectly through any compatible Cosmos Hub “wallet” application (such as the web browser plugins Keplr and Leap Wallet) which interacts with such a node. Interacting with Cosmos Hub, Neutron, inscriptions or CFT-20s does not require use of asteroidprotocol.io, but asteroidprotocol.io provides a convenient and user-friendly method of reading and displaying data (including inscription metadata) from the Asteroid indexer and generating standard transaction messages compatible with Cosmos Hub. Because asteroidprotocol.io does not provide Cosmos Hub wallet software or Cosmos Hub or Neutron nodes, such software constitutes an essential third-party or user dependency without which asteroidprotocol.io cannot be utilized and Inscriptions, CFT-20s and other relevant digital assets cannot be traded or used. Furthermore, Inscriptions rely upon the ongoing operation of the Cosmos Hub and Neutron blockchains and the Asteroid indexer. The Site Operator cannot guarantee continued operation of Cosmos Hub, Neutron, the Asteroid indexer or any other essential third-party software.

  10. Legal Limitations on Disclaimers. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms may not apply in full to specific Users. The disclaimers and limitations of liability provided in these terms shall apply to the fullest extent permitted by applicable law.

  11. Governing law; Dispute Resolution.

6.1 Governing law.

These Terms shall be governed by and construed and interpreted in accordance with the laws of the British Virgin Islands irrespective of the choice of laws principles of the British Virgin Islands, as to all matters, including matters of validity, construction, effect, enforceability, performance and remedies. Although asteroidprotocol.io may be available in other jurisdictions, each User hereby acknowledges and agrees that such availability shall not be deemed to give rise to general or specific personal jurisdiction over Delphi Labs in any forum outside the British Virgin Islands.

6.2 Settlement Negotiations.

If a User has a potential legal dispute, claim or cause of action against the Site Operator, the User shall first (prior to initiating any litigation proceedings) contact the Site Operator by sending an email to [email protected] describing the nature of the potential dispute, claim or cause of action and providing all relevant documentation and evidence thereof. If so elected by the Site Operator, User shall use commercially reasonable efforts to negotiate a settlement of any such legal dispute, claim or cause of action within 60 days of the delivery of such email. Any such dispute, claim or cause of action that is not finally resolved by a binding, written settlement agreement within such 60 days shall be brought and resolved exclusively in accordance with the following provisions of this Section 6.

6.3 Agreement to Binding, Exclusive Arbitration.

  1. Mandatory Binding Arbitration. All claims, disputes and controversies directly or indirectly arising out of or in connection with or directly or indirectly relating to these Terms or any of the matters or transactions contemplated by these Terms (for the avoidance of doubt, including any claim seeking to invalidate, or alleging that, all or any part of these Terms is unenforceable, void or voidable) (such claims, disputes and controversies, collectively, “Disputes”) shall be resolved by confidential, binding arbitration to be seated in the British Virgin Islands and conducted in the English language by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association (the “Rules”). The arbitrator shall be appointed in accordance with the procedures set out in the Rules. The award or decision of the arbitrator shall be final and binding upon the parties and the parties expressly waive any right under the laws of any jurisdiction to appeal or otherwise challenge the award, ruling or decision of the arbitrator. The judgment of any award or decision may be entered in any court having competent jurisdiction to the extent necessary. If the Company elects to have a Dispute resolved by arbitration pursuant to this provision, no party hereto shall (or shall permit its representatives to) commence, continue or pursue any Dispute in any court; provided, however, that the Company shall be entitled to obtain an injunction or injunctions to prevent breaches of this provision and to enforce specifically the terms and provisions thereof, this being in addition to any other remedy to which the Company is entitled at law or in equity, and the parties hereto hereby waive the requirement of any posting of a bond in connection with such injunctive relief or specific performance.
  2. Waiver of Jury Trial. The parties hereby acknowledge, represent and warrant that they understand that:
    1. there is no judge or jury in arbitration, and, absent this mandatory provision, the parties would have the right to sue in court and have a jury trial concerning Disputes;
    2. in some instances, the costs of arbitration could exceed the costs of litigation;
    3. the right to discovery may be more limited in arbitration than in court; and
    4. court review of an arbitration award is limited. Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any action, suit or other legal proceeding arising out of or related to these Terms or the transactions contemplated hereby.
  3. Confidentiality of Arbitration. Except to the extent necessary to enforce their respective rights under these Terms or as otherwise required by applicable law, the parties undertake to maintain confidentiality as to the existence and events of the arbitration proceedings and as to all submissions, correspondence and evidence relating to the arbitration proceedings. This provision shall survive the termination of the arbitral proceedings.

6.4 Court Jurisdiction.

To the extent that any court is required to weigh on the enforceability of Section 6.3, to enforce any judgment of the arbitrator, then, without limiting Section 6.3 or any other provision of this Agreement, the User (A) hereby irrevocably and unconditionally submit to the jurisdiction of the courts of the British Virgin Islands for such purpose; (B) agrees not to commence any suit, action or other proceeding arising in connection with or based upon this instrument or the matters contemplated by this instrument except before the courts of the British Virgin Islands, and (C) hereby waives, and agrees not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that this instrument or the subject matter hereof or thereof may not be enforced in or by such court.

6.5 Class Action Waiver.

  1. No Class Actions Permitted. All Users hereby agree that any arbitration or other permitted action with respect to any Dispute shall be conducted in their individual capacities only and not as a class action or other representative action, and the Users expressly waive their right to file a class action or seek relief on a class basis. USERS SHALL BRING CLAIMS AGAINST SITE OPERATOR OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

  2. Agreements if Class Action Waiver Unenforceable. If any court or arbitrator makes a final, binding and non-appealable determination that the class action waiver set forth in this Section 6.5 is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void with respect to any Dispute that would thus be required to be resolved by arbitration on a class basis, and the parties shall be deemed to have not agreed to arbitrate such Dispute. In the event that, as a result of the application of the immediately preceding sentence or otherwise, any Dispute is not subject to arbitration, the parties hereby agree to submit to the personal and exclusive jurisdiction of and venue in the courts located in the British Virgin Islands and to accept service of process by mail with respect to such Dispute, and hereby waive any and all jurisdictional and venue defenses otherwise available with respect to such Dispute.

  3. Miscellaneous.

7.1 Headings.

The headings and captions contained in these Terms are for convenience of reference only, shall not be deemed to be a part of these Terms and shall not be referred to in connection with the construction or interpretation of these Terms.

7.2 Successors and Assigns.

These Terms shall inure to the benefit of the Site Operator, the Users, and their respective permitted successors, assigns, transferees and delegates and shall be binding upon all of the foregoing persons and any person who may otherwise succeed to any right, obligation or liability under these Terms by operation of law or otherwise. A User shall not share or provide a copy of, or transfer to, any person any Inscriptions or CFT-20s or the private key associated with any inscriptions or CFT-20 without notifying such person that such person shall be bound by and become a party to these Terms by virtue of thereof (or if the transferor has a reasonable belief that the transferee is aware of these Terms). A User shall not assign any of a User rights or delegate any of a User liabilities or obligations under these Terms to any other person without the Site Operator’s advance written consent. The Site Operator may freely assign, transfer or delegate its rights, obligations and liabilities under these Terms to the maximum extent permitted by applicable law.

7.3 Severability.

In the event that any provision of these Terms, or the application of any such provision to any person or set of circumstances, shall be determined by an arbitrator or court of competent jurisdiction to be invalid, unlawful, void or unenforceable to any extent: (a) the remainder of these Terms, and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful, void or unenforceable, shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law; and (b) the Site Operator shall have the right to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the fullest extent possible.

7.4 Force Majeure.

The Site Operator shall not incur any liability or penalty for not performing any act or fulfilling any duty or obligation hereunder or in connection with the matters contemplated hereby by reason of any occurrence that is not within its control (including any provision of any present or future law or regulation or any act of any governmental authority, any act of God or war or terrorism, any epidemic or pandemic, or the unavailability, disruption or malfunction of the Internet, the World Wide Web or any other electronic network, the Cosmos Hub network or blockchain or Asteroid indexer or any aspect thereof, or any consensus attack, or hack, or denial-of-service or other attack on the foregoing or any aspect thereof, or on the other software, networks and infrastructure that enables the Site Operator to provide services and information on asteroidprotocol.io), it being understood that the Site Operator shall use commercially reasonable efforts, consistent with accepted practices in the industries in which Site Operator operates, as applicable, to resume performance as soon as reasonably practicable under the circumstances.

7.5 Amendments and Modifications.

These Terms may only be amended, modified, altered or supplemented by or with the written consent of the Site Operator. The Site Operator reserves the right, in its sole and absolute discretion, to amend, modify, alter or supplement these Terms from time to time. The most current version of these Terms will be posted on asteroidprotocol.io. Any changes or modifications will be effective immediately upon the modified Agreement being posted to asteroidprotocol.io. A User shall be responsible for reviewing and becoming familiar with any such modifications. A User hereby waive any right a User may have to receive specific notice of such changes or modifications. Use of asteroidprotocol.io by a User after any modification of these Terms constitutes a User acceptance of the modified terms of service. If a User does not agree to any such modifications, a User must immediately stop using asteroidprotocol.io.

7.6 No Implied Waivers.

No failure or delay on the part of the Site Operator in the exercise of any power, right, privilege or remedy under these Terms shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. The Site Operator shall not be deemed to have waived any claim arising out of these Terms, or any power, right, privilege or remedy under these Terms, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of the Site Operator, and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

7.7 Entire Agreement.

These Terms constitute the entire agreement between the parties relating to the subject matter hereof and supersede all prior or contemporaneous agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.

7.8 Rules of Interpretation.

  1. “hereof,” “herein,” “hereunder,” “hereby” and words of similar import will, unless otherwise stated, be construed to refer to these Terms as a whole and not to any particular provision of these Terms;
  2. “include(s)” and “including” shall be construed to be followed by the words “without limitation”;
  3. “or” shall be construed to be the “inclusive or” rather than “exclusive or” unless the context requires otherwise;
  4. any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in the construction or interpretation of these Terms;
  5. section titles, captions and headings are for convenience of reference only and have no legal or contractual effect.;
  6. whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders; and
  7. except as otherwise indicated, all references in these Terms to “Sections,” “clauses,” etc., are intended to refer to Sections of Sections, clauses, etc. of these Terms.