TERMS OF USE

Last Updated: September 18, 2026

These Terms of Use (the “Terms,” “Terms of Use” or “Agreement”) constitute a legally binding agreement between you (“you”, “your”, “User”) and Affine Limited ( “Affine”, “we”, “us”, “our”), a company incorporated under the laws of the Cayman Islands, governing your access to and use of the website at https://fractalbitcoin.io including any content, tools, applications, services, or features (the “Website”), the user interface including any content, tools, applications, services, or features (the “Interface”), associated developer tools, documentation, APIs, and any related services, features, or content offered by us (collectively, the “Services”), which facilitate interaction with the Fractal Protocol and the Fractal Network as defined in Section 4 below.

By accessing or using the Services in any manner, you acknowledge that you have read, understood, and unconditionally agree to be bound by these Terms, you (1) accept and agree to these Terms and any additional terms, rules and conditions of participation issued by Affine from time to time and (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy. If you do not agree to the Terms, you must immediately discontinue all use of the Services.

1. Acceptance of Terms.

By accessing, browsing, or using the Services, you accept and agree to comply with these Terms in their entirety. If you are using the Services on behalf of an entity, you represent and warrant that you have the legal authority to bind such entity to these Terms, and “you” shall refer to such entity.

2. Modifications to Terms.

We reserve the right, in our sole discretion, to modify, update, or replace these Terms at any time. We will provide notice of material changes by posting the revised Terms on the Website, and such changes shall be effective immediately upon posting. Your continued use of the Services after the revised Terms are posted constitutes your acceptance of the updated Terms.

3. Eligibility.

3.1 To access or use the Services, you represent and warrant that you are of legal age, have the legal capacity to enter into contracts, and possess full legal authority to agree to and comply with this Agreement on behalf of yourself and any company/entity. You will not be accessing the Services in a jurisdiction where such Services are not permitted, restricted or illegal.

3.2 You further represent and warrant to us that you, the legal entity you represent, or any person(s) owning or controlling you or such legal entity, are not listed on any trade or economic sanctions lists maintained by any competent authorities, and you shall not engage in transactions with any listed parties, including but not limited to (1) the Islamic State of Iraq and the Levant (ISIL/Daesh), Al-Qaeda, the Taliban, and associated individuals, groups, enterprises, and entities; any individuals or entities designated by the United Nations Security Council or the United Arab Emirates; (2) the Democratic People’s Republic of Korea (DPRK), the Islamic Republic of Iran, or individuals, groups, enterprises, entities listed on sanctions lists maintained by the UN Security Council, the U.S. government (e.g., OFAC Sanctions List), the European Union or its member states, the Monetary Authority of Singapore (MAS), the Hong Kong Monetary Authority (HKMA), the Hong Kong Customs and Excise Department, or other applicable governmental authorities; and (3) you are not a “U.S. Person” as defined under 17 CFR § 230.902. We reserve the right, at our sole discretion, to construe, limit, and modify the scope of Services in any jurisdiction at any time and to determine, at our sole discretion, your eligibility to access or use this Agreement and the Services. You acknowledge that such determinations may affect your ability to access or use the Services and agree to bear all associated risks and consequences. If you fail to meet such eligibility requirements, we may, temporarily or permanently, suspend, restrict or terminate your access to the Services.

4. The Definition of Fractal.

4.1 Fractal. “Fractal” means the entire Fractal Bitcoin technology ecosystem, which includes the Fractal Protocol, the Fractal Network, the Digital Assets recorded thereon, the Interface, and all related technical specifications, codebases, and documentation.

4.2 Fractal Protocol. “Fractal Protocol” means the open-source software protocol, technical rules, consensus mechanisms, and protocol specifications that govern the operation of the Fractal Network. The Fractal Protocol incorporates a proof-of-work (“PoW”) consensus mechanism, which is a method for enabling the distributed network of unrelated computers (known as “nodes”) that maintain the peer-to-peer network to agree on the “state” of the network. The PoW consensus mechanism incentivizes transaction validation by rewarding participants, called “miners,” who operate nodes adding computational resources to the Fractal Network, and such mining activities conducted in accordance with the Fractal Protocol are referred to as “protocol mining.” The Fractal Protocol also establishes the rules for transaction validation, ordering, and confirmation, reward distribution, and the maintenance of the functioning and security of the Fractal Network. The Fractal Protocol is publicly available and community‑developed. Affine does not own, operate, or control the Fractal Protocol, or its validators or finality‑equivalent network participants, although Affine may contribute to the underlying codebase utilized by those who do.

4.3 Fractal Network. “Fractal Network” means the public, decentralized, permissionless blockchain network maintained and operated by a distributed network of independent nodes and miners that collectively follow the Fractal Protocol. The Fractal Network is built on Bitcoin Core code and designed to enable the recursive scaling of the Bitcoin ecosystem. The Fractal Network includes its production instance (the “Fractal Mainnet”), which is the formally launched production environment of the Fractal Network including all state data and historical transaction records maintained thereon, as well as one or more testing instances (the “Fractal Testnet”), which are used for development, testing, and validation purposes prior to deployment on the Fractal Mainnet. The Fractal Mainnet and the Fractal Testnet are each instance of, and form part of, the Fractal Network. For the avoidance of doubt, Affine does not own, operate, or control the Fractal Network.

4.4 Digital Assets. “Digital Assets” means any digital representation of value that is recorded on the cryptographically secured distributed ledger of the Fractal Network, including but not limited to: (i) FB, the native token of the Fractal Network, which is intrinsically linked to and derives its value from the programmatic operation of the Fractal Network and supply and demand dynamics, rather than from the expectation of profits derived from the essential managerial efforts of others, and which is primarily used to pay network fees, secure consensus through mining incentives, and enable decentralized governance on the Fractal Network; and (ii) Bitcoin-native asset standards and protocols supported on the Fractal Network, including Ordinals, BRC‑20, and Runes. Assets do not have intrinsic economic properties or rights, such as generating a passive yield or conveying rights to future income, profits, or assets of a business enterprise or other entity, promisor, or obligor.

4.5 Interface. “Interface” means the user-facing web application and related software interfaces provided by Affine that connect users to the Fractal Protocol and the Fractal Network, much like a web browser serves as an interface to connect to the internet. The Interface includes any content, tools, applications, services, or features made available through the Website or associated platforms. Users do not need the Interface to interact directly with the Fractal Protocol or the Fractal Network, but the Interface facilitates such interaction. The Interface is a non-custodial application, and Affine does not ever have custody, possession, or control of any user’s Digital Assets, private keys, or wallet credentials.

5. User Responsibilities and Account Security.

You acknowledge and agree that we do not custody, possess, or control your digital assets, private keys, or wallet credentials. To access and use the Services, you will need to use your own self‑custodial wallet. You are solely responsible for:

(a) Maintaining the security of your private keys, mnemonic phrases, wallet credentials, and any authentication information used to interact with the Services;

(b) All activities conducted under your wallet address or in connection with your use of the Services;

(c) Verifying the accuracy of all transaction details, and asset transfers before execution;

(d) Complying with all applicable laws and regulations in your jurisdiction related to digital assets, blockchain transactions, and decentralized services.

You should never share your private keys, wallet credentials, or seed phrase with anyone. We assume no liability or obligation for your use of wallets. We shall not be liable for any claims, damages, losses, or liabilities arising from infringement of your wallet or assets.

6. Prohibited Uses and Conduct.

You agree not to, and will not permit any third party to:

(a) Use the Services for any illegal, fraudulent, or unauthorized activity, including but not limited to money laundering, terrorist financing, fraud, theft, or market manipulation;

(b) Interfere with, disrupt, or compromise the integrity, security, or performance of the Fractal Protocol, the Fractal Network, or supporting infrastructure;

(c) Cyberattack. Any activity that attempts to disrupt, damage, or gain unauthorized access to computer systems, networks, devices, or IT infrastructure, including but not limited to deploying viruses, malware, or denial-of-service attacks;

(d) Reproduce, modify, reverse-engineer, decompile, or create derivative works of the Services, Website, or proprietary software, except as permitted by applicable law;

(e) Use the Services to infringe the intellectual property, privacy, or proprietary rights of Affine or any third party;

(f) Impersonate Affine, its developers, community moderators, or any third party in connection with the Services.

7. Intellectual Property Rights.

7.1 All intellectual property rights in the Services, including but not limited to trademarks, logos, copyrights, trade names, software, documentation, and content on the Website, are the exclusive property of Affine or its licensors.

7.2 Your Content. Depending on the Service, you may share Content with us. Except as provided in this Section 6, we obtain no rights under this Agreement from you (or your licensors) to Your Content. You consent to our use of Your Content to provide the Services to you.

7.3 Service Offerings License. We or our licensors own all right, title, and interest in and to the Services, and all related technology and intellectual property rights. Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to do the following: (a) access and use the Services solely in accordance with this Agreement; and (b) copy and use Our Content solely in connection with your permitted use of the Services. Except as provided in this Section 7.3, you obtain no rights under this Agreement from us, our affiliates or our licensors to the Service Offerings, including any related intellectual property rights. Unless otherwise expressly stated, all open-source code provided by Affine (including but not limited to any open-source components, libraries, tools, or sample code made available through the Services) and ad-hoc libraries without explicitly specified licensing terms (collectively referred to as "Our Open-Source Code") are licensed under the MIT License. Your use of Our Open-Source Code constitutes your acceptance of and agreement to comply with the terms of the MIT License.

7.4 License Restrictions. Neither you nor any End User will use the Services in any manner or for any purpose other than as expressly permitted by this Agreement. Except as expressly authorized, neither you nor any End User will, or will attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Content included in the Services (except to the extent Content included in the Services is provided to you under a separate license that expressly permits the creation of derivative works), (b) reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of any software included in the Services (except to the extent applicable law doesn’t allow this restriction), (c) access or use the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas, (d) use scraping techniques to mine or otherwise scrape data except as permitted by us in writing, or (e) resell or sublicense the Services unless otherwise agreed in writing. You will not use Our Marks unless you obtain our prior written consent. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors). You will not imply any relationship or affiliation between us and you except as expressly permitted by this Agreement.

8. Third-Party Services and Links.

8.1 Third-Party Services. When you use our Services, you may also be using the services of one or more third parties, the Services may contain links to third-party websites, wallets, block explorers, DApps, or other blockchain services (the “Third-Party Services”). You acknowledge and agree that any third‑party DApps or services made available through the Fractal Network or Fractal Protocol are provided on a non‑commercial, informational basis and are not marketed, endorsed, or recommended by us. Your use of these Third Party Services may also be subject to the separate policies, terms of use, and fees of these third parties (such terms and conditions for Third-Party Content and Third-Party Services are collectively referred to “Third-Party Terms”). Any dealings you have with third parties while using our Services are between you and the third parties. We will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

8.2 Third-Party Disclaimer. We do not verify, curate, or control Third-Party Content or Third-Party Services. As a result, we do not guarantee, endorse, or recommend such content to any or all users of the Services, or the use of such content or services for any particular purpose. Your access to, rely upon or use of any Third-Party Content or Third-Party Services is at your own risk. We disclaims all responsibility and liability for any Losses on account of your reliance upon or use of such content or services. We do not warrant that the Third-Party Terms will be consistent and same as the terms in this Agreement, and it is your responsibility to understand the Third-Party Terms. We have no responsibility for Third-Party Content or Third-Party Services that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable to you or under the law in your jurisdiction. The choice to rely on Third-Party Content or to use a Third-Party Service is your own, and you are solely responsible for ensuring that your reliance or use is in compliance with all applicable laws. Dealing or correspondence with any third party that provides such content or services is solely between you and that third party. We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on the access to any Third-Party Content or use of any Third-Party Service at any time without notice.

9. Developers and Ecosystem Contributors.

9.1 If you are a developer building Dapps on the Fractal Ecosystem, or an ecosystem contributor participating in governance, testing, or community initiatives (collectively “Contributors”), you represent and warrant that:

(a) You have the necessary technical expertise to build and deploy Dapps on the Fractal Network;

(b) Your DApps and contributions comply with all applicable laws, regulations, and these Terms;

(c) You will not use the Fractal Protocol or Fractal Network to deploy malicious code, scams, or applications that harm the network or users.

9.2 You are solely responsible for the security, functionality, and compliance of your deployed projects and DApps. We do not review, approve, or endorse any third-party projects and DApps, and shall not be liable for any losses, damages, or claims arising from your DApps or projects.

9.3 Ecosystem Grants and Contributions.

(a) If you receive funding or grants from the Fractal Ecosystem Grants Program, you agree to use the funds solely for the purposes specified in your grant proposal.

(b) You grant Affine a perpetual, irrevocable, worldwide, royalty‑free license to use, modify, and distribute all contributions, feedback, suggestions, ideas, code, documentation, and proposals submitted by you to Affine.

10. Interoperability Services.

10.1 We provide access to interoperability services that support the transfer of digital assets across the Bitcoin blockchain, the Fractal Network and other connected networks. Third-party interoperability services are not operated, controlled or warranted by Affine. You acknowledge your relationship is solely with such third-party providers and agree to resolve all related disputes directly with such providers, waiving any claims against Affine.

10.2 Technical Risks. The interoperability mechanisms and bridging technologies rely on the underlying public blockchain infrastructure, which is maintained by a decentralized network of independent nodes and miners. As with any public blockchain network, users should be aware that the operation of such infrastructure may be subject to physical and network‑level limitations, including but not limited to node data propagation delays, orphan block rates, network congestion, and other inherent characteristics of decentralized consensus systems. These factors, which are beyond our reasonable control, may affect the timing of transaction confirmations or introduce temporary uncertainty as to the status of operations. In rare cases of network reorganizations or forks, transaction states may be rolled back. We recommend that you wait for a sufficient number of on‑chain confirmations when conducting large‑value or time‑sensitive transactions to ensure finality.

10.3 Upgrade Risks. The Fractal Network or Fractal Protocol may undergo upgrades, forks, or other changes. Such changes could introduce new operational characteristics, alter network parameters, or affect the functionality of existing services. Users should be aware that participation in a public, evolving infrastructure carries inherent uncertainties, and we cannot guarantee that any particular functionality will remain available or unchanged.

11. Disclaimers; Risk.

11.1 DISCLAIMER. THE SERVICE OFFERINGS ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD-PARTY CONTENT, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICE OFFERINGS OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.

11.2 RISKS.

OUR SERVICES RELY ON EMERGING TECHNOLOGIES, SUCH AS BITCOIN. BY ACCESSING AND USING ANY OF OUR SERVICES, YOU ACKNOWLEDGE, AGREE TO, AND ASSUME THE FOLLOWING RISKS AND MATTERS:

(A)YOU POSSESS SUFFICIENT FINANCIAL SOPHISTICATION AND TECHNICAL EXPERTISE TO COMPREHEND THE INHERENT RISKS ASSOCIATED WITH CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS;

(B)YOU HAVE A FUNCTIONAL UNDERSTANDING OF THE OPERATION AND TECHNICAL INTRICACIES OF DIGITAL ASSETS SUCH AS BITCOIN (BTC) AND OTHER DIGITAL ASSETS;

(C) YOU FULLY ACKNOWLEDGE THAT MARKETS FOR DIGITAL ASSETS ARE NASCENT AND SUBJECT TO EXTREME VOLATILITY DUE TO RISK FACTORS INCLUDING, WITHOUT LIMITATION: ADOPTION RATES, SPECULATIVE ACTIVITY, TECHNOLOGICAL VULNERABILITIES, CYBERSECURITY THREATS, AND REGULATORY DEVELOPMENTS, AND ASSUME FULL RESPONSIBILITY FOR THE LOSS IN INVESTMENT;

(D) FRACTAL IS A PUBLIC BLOCKCHAIN INFRASTRUCTURE BUILT ON EMERGING TECHNOLOGY. AS WITH ANY PUBLIC, PERMISSIONLESS BLOCKCHAIN NETWORK STILL UNDER ACTIVE DEVELOPMENT, THE INFRASTRUCTURE RELIES ON A DISTRIBUTED NETWORK OF INDEPENDENT PARTICIPANTS AND HAS NOT BEEN IN OPERATION FOR AN EXTENDED PERIOD. USERS SHOULD BE AWARE THAT SUCH NETWORKS MAY CONTAIN UNDETECTED TECHNICAL LIMITATIONS, DESIGN CONSTRAINTS, OR OPERATIONAL CHARACTERISTICS COMMON IN NEW TECHNOLOGIES. THESE FACTORS, WHICH ARE INHERENT TO THE NATURE OF THE TECHNOLOGY RATHER THAN SPECIFIC TO OUR SERVICES, COULD POTENTIALLY IMPACT TRANSACTIONS, NETWORK AVAILABILITY, OR ASSET SAFETY;

(E) FB TOKENS ARE THE NATIVE TOKEN OF THE FRACTAL NETWORK, PRIMARILY USED TO PAY NETWORK FEES, SECURE CONSENSUS THROUGH MINING INCENTIVES, AND ENABLE DECENTRALIZED GOVERNANCE ON FRACTAL. FB TOKENS ARE NOT INTENDED AS INVESTMENTS. FB TOKENS MAY BE SUBJECT TO THE FOLLOWING RISKS:

(i)THE VALUE AND FUNCTIONALITY OF FB TOKENS ARE INTRINSICALLY TIED TO THE OPERATION AND ADOPTION OF FRACTAL, A PUBLIC INFRASTRUCTURE THAT REMAINS IN ACTIVE DEVELOPMENT;

(ii) THE DETAILS OF THE FB TOKEN ECONOMICS, INCLUDING THE TOTAL SUPPLY AND DISTRIBUTION SCHEDULE, MAY BE CHANGED DUE TO DECISIONS MADE BY THE CONSENSUS OF PARTICIPANTS OF THE FRACTAL NETWORK;

(iii)AS WITH ANY NATIVE TOKEN OF AN EMERGING PUBLIC BLOCKCHAIN, WEAKNESSES, VULNERABILITIES, OR OPERATIONAL ISSUES AFFECTING THE UNDERLYING INFRASTRUCTURE MAY AFFECT THE UTILITY OR VALUE OF FB TOKENS;

(F) SOME SERVICES ARE SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY. BY USING THE SERVICES, YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS;

(G) TO THE EXTENT OUR SERVICES INCORPORATE OPEN-SOURCE CODE, ANY THIRD-PARTY USE OF SUCH CODE SHALL BE AT THE USER’S SOLE RISK. WE DISCLAIM ALL LIABILITY, WHETHER EXPRESS OR IMPLIED, FOR TECHNICAL FLAWS, SECURITY VULNERABILITIES, OR FITNESS FOR PURPOSE IN ANY OPEN-SOURCE COMPONENTS IN PARTICULAR, ANY OPEN-SOURCE CODE PROVIDED BY US (INCLUDING AD-HOC LIBRARIES WITHOUT AN EXPLICITLY STATED LICENSE) IS LICENSED UNDER THE MIT LICENSE, WHICH EXPRESSLY DISCLAIMS ALL WARRANTIES AND LIABILITIES. USERS SHOULD REVIEW AND COMPLY WITH THE TERMS OF THE MIT LICENSE;

(H) TECHNICAL SAFEGUARDS AND SERVICE COMMITMENT. WE ARE COMMITTED TO IMPLEMENTING INDUSTRY-STANDARD SECURITY MEASURES TO PROTECT THE INTEGRITY AND RELIABILITY OF THE SERVICES WE DIRECTLY PROVIDE. FOR THE AVOIDANCE OF DOUBT, WE DO NOT AND WILL NOT STORE YOUR PRIVATE KEYS, MNEMONIC PHRASES, OR WALLET CREDENTIALS IN ANY FORM, INCLUDING IN PLAIN TEXT OR SIMILAR UNENCRYPTED FORMS. IN THE HIGHLY UNLIKELY EVENT THAT YOUR DIGITAL ASSETS ARE DIRECTLY LOST DUE TO OUR NEGLIGENCE OR FAULT, WE WILL TAKE RESPONSIBILITY COMMENSURATE WITH OUR DEGREE OF FAULT. YOU REMAIN SOLELY RESPONSIBLE FOR THE SECURE MANAGEMENT OF YOUR WALLET CREDENTIALS, INCLUDING THE SAFEKEEPING OF YOUR PRIVATE KEYS, THE BACKUP OF YOUR ACCOUNTS AND CONTENT, AND ANY LOSS ARISING FROM YOUR FAILURE TO SAFEGUARD SUCH CREDENTIALS OR MISUSE OF PUBLIC/PRIVATE KEY CRYPTOGRAPHY SHALL BE BORNE BY YOU.

(I) THIRD-PARTY FRAUD, PHISHING, MALICIOUS ACTIVITIES, AND CYBERATTACKS. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES MAY BE TARGETED BY MALICIOUS THIRD PARTIES SEEKING TO IMPERSONATE OFFICIAL ACCOUNTS, DISTRIBUTE PHISHING LINKS, PROMOTE FRAUDULENT SCHEMES, OR OTHERWISE INDUCE YOU TO DISCLOSE YOUR PRIVATE KEYS, MNEMONIC PHRASES, OR WALLET CREDENTIALS, OR TO AUTHORIZE UNAUTHORIZED TRANSACTIONS. WE DO NOT AND CANNOT CONTROL OR PREVENT SUCH THIRD-PARTY ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE AUTHENTICITY OF ANY WEBSITE, APPLICATION, COMMUNICATION, OR PARTY CLAIMING TO BE AFFILIATED WITH US OR THE FRACTAL BEFORE INTERACTING WITH IT OR DISCLOSING ANY SENSITIVE INFORMATION. ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM PHISHING, THIRD-PARTY FRAUD, MALWARE, DECEPTIVE WEBSITES, SOCIAL ENGINEERING ATTACKS, SERVICE INTERRUPTIONS, CYBERATTACKS, OR ANY OTHER MALICIOUS ACTIVITIES CONDUCTED BY THIRD PARTIES SHALL BE BORNE SOLELY BY YOU, AND WE SHALL NOT BE LIABLE THEREFOR, EXCEPT TO THE EXTENT SUCH LOSSES ARE DIRECTLY CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

(J) DIGITAL ASSETS, BLOCKCHAIN TECHNOLOGY, AND ANY RELATED SOFTWARE OR SERVICES ARE SUBJECT TO SIGNIFICANT LEGAL AND REGULATORY UNCERTAINTY IN MANY JURISDICTIONS. EXISTING LAWS AND REGULATIONS MAY BE REINTERPRETED, OR NEW LAWS AND REGULATIONS MAY BE ENACTED, THAT COULD MATERIALLY AND ADVERSELY AFFECT THE USAGE, TRANSFERABILITY, TRANSACTABILITY, ACCESSIBILITY, OR VALUE OF DIGITAL ASSETS, AND MAY ALSO AFFECT THE OPERATION OF THE FRACTAL NETWORK OR FRACTAL PROTOCOL.

12. Indemnification.

• 1. General.

(a) You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any liabilities, damages (actual and consequential), Losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation) arising out of or relating to any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third-party, governmental authority, or industry body concerning: (i) breach of this Agreement or violation of applicable law by you; (ii) your access or use of the Services, (iii) your negligent or willful misconduct, (iv) your violation of any right of a third-party, and (v) a dispute between you and any of your customers or users. You will reimburse us for costs and expenses, including, without limitation, reasonable legal and accounting fees associated with aforesaid (i) to (v).

(b) Subject to the limitations in Section 13 below, we will defend, indemnify, and hold harmless you and your employees, officers, directors, and representatives from and against any Losses arising out of or relating to any claim concerning our material and intentional breach of this Agreement. We will reimburse you for reasonable attorneys’ fees and expenses associated with the claims described in this paragraph.

12.2 Intellectual Property.

(a) Subject to the limitations in this Section 12, you will defend Affine, its affiliates, and their respective employees, officers, and directors against any third-party claim alleging that any of Your Content infringes or misappropriates that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement.

(b) Subject to the limitations in this Section 12 and Section 13 below, we will defend you and your employees, officers, and directors against any third-party claim alleging that the Services infringe or misappropriate that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement.

(c) Neither party will have obligations or liability under this Section 12.2 arising from infringement by your combinations of the Services with any other product, service, software, data, content or method. In addition, we will have no obligations or liability arising from your use of the Services after we have notified you to discontinue such use. The remedies provided in this Section 12.2 are the sole and exclusive remedies for any third-party claims of infringement or misappropriation of intellectual property rights by the Services or by Your Content.

13. Limitations of Liability.

The parties agree that, prior to asserting any claim for damages or seeking any remedy under this Section, they shall first attempt to resolve any dispute through good‑faith negotiations in accordance with Section 15.1 below.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PROVISION OF THE SERVICES, WHETHER SUCH DAMAGES RESULT FROM ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, ANY SERVICES, OR FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF ANY SERVICES OR INFORMATION CONTAINED THEREIN, REGARDLESS OF WHETHER SUCH CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS FOR DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE RELATED SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00).

THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

14. Governing Law.

This Agreement, your use of the Sites and the Services, and any dispute, controversy, difference or claim arising out of or relating to this Agreement, or your use of the Sites and the Services, including the existence, validity, interpretation, performance, breach or termination of this Agreement or any dispute regarding non-contractual obligations arising out of or relating to them (“Dispute”) shall be governed by and construed in accordance with the laws of Cayman Islands, without giving effect to any conflict of laws principles.

15. Binding Arbitration and Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

15.1 Any Dispute shall first be submitted to good-faith negotiations or mediation. You must inform us of the Dispute by sending an email to contact [email protected]. If no resolution is reached within sixty (60) days after receipt of that notice, either party may commence arbitration under Section 15.1.1 and 15.1.2 below.

15.1.1 Binding Arbitration. Any Dispute will be exclusively resolved by binding arbitration as provided in this Section 15.

15.1.2 Any Dispute shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Cayman Islands law. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English. The fees and expenses of the arbitral tribunal shall be determined on the basis of [Schedule 2/ Schedule 3] of these Rules. The arbitration shall take place in Hong Kong, unless both you and us mutually agree on an alternative location.

15.2 Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. If any court or arbitrator determines that the class action waiver set forth in this paragraph 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 in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

16. Termination.

We reserve the right to suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to your breach of these Terms, prohibited conduct, or compliance with legal or regulatory obligations.

All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitation of liability, indemnification, and governing law provisions.

17. Miscellaneous.

17.1 Assignment. You will not assign or otherwise transfer this Agreement or any of your rights and obligations under this Agreement, without our prior written consent. Any assignment or transfer in violation of this Section 17.1 will be void. We may assign this Agreement without your consent (a) in connection with a merger, acquisition or sale of all or substantially all of our assets, or (b) to any affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for us as a party to this Agreement and we are fully released from all of our obligations and duties to perform under this Agreement. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.

17.2 Entire Agreement and Modifications. This Agreement incorporates the Policies (e.g., Privacy Policy), by reference and is the entire agreement between you and us regarding the subject matter of this Agreement. If the terms of this document are inconsistent with the terms contained in any Policy, the terms contained in this document shall prevail. For the Specific Services, there may be additional terms (“Special Terms”). When users use the relevant services, the Special Terms will automatically apply and take effect concurrently with these Terms. In the event of any conflict between the Special Terms and these Terms, the Special Terms shall prevail. Any modification to the terms of this Agreement may only be made in writing.

17.3 Force Majeure. Neither party nor their respective affiliates will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond such party’s reasonable control, including but not limited to acts of God, utilities or other telecommunications failures, cyber attacks, earthquake, storms or other elements of nature, pandemics, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

17.4 No Investment Advice. The Content available on the Sites or Services is not professional, legal, business, investment, or any other advice related to any financial product, and is not an offer or recommendation or solicitation to buy or sell any particular digital asset or to use any particular investment strategy.

17.5 No Waivers. The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

17.6 Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.

17.7 Contact. For questions regarding these Terms, please contact [email protected], or through other official communication channels.