Terms of Use

ACCEPTANCE OF TERMS AND PRIVACY POLICY

Your use of the Platform or Services is conditioned upon your acceptance of these Terms. By accessing or using the Platform or Services in any manner, you expressly acknowledge and agree to be bound by these Terms and all terms incorporated herein by reference. Furthermore, by agreeing to these Terms, you certify that you are at least 18 years of age. Additionally, your agreement to these Terms constitutes your consent to the collection, use, disclosure, and other handling of information as described in our Privacy Policy, available at https://www.archr.bot/privacy-policy (the "Privacy Policy"). The Privacy Policy is incorporated into these Terms by reference, and all references herein to the "Terms of Use," the "Terms," or this "Agreement" shall include a reference to the Privacy Policy.

ARBITRATION NOTICE

PLEASE NOTE THAT THESE TERMS OF SERVICE REQUIRE INDIVIDUAL ARBITRATION (SEE SECTION "MANDATORY ARBITRATION") FOR DISPUTE RESOLUTION, INSTEAD OF JURY TRIALS OR CLASS ACTIONS. ADDITIONALLY, THESE TERMS WILL LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Beta Testing Notice

LiT's Platform is currently undergoing beta testing. Admission to this beta program is granted exclusively by lit and is non-transferable. You're permitted to use the Platform and its services strictly for lawful purposes. You recognize that the Platform, its capabilities, and data flow are part of a limited beta phase to evaluate early features and underlying architecture. The Platform is provided "as-is" and "as-available" for beta testing, aiming to gather feedback on quality and usability. During this beta period, LiT may roll out new or updated pre-release features and trial services for your assessment. lit isn't obligated to offer specific beta features. If you opt to use these features, you agree to follow LiT's set guidelines. Participating in the beta test binds you to these Terms as if the Platform were a finished product. lit reserves the right to terminate or modify any beta feature without notice. You understand that using beta features may prevent reverting to previous versions of similar functionalities. Even if reversion is possible, data created during beta testing might not be recoverable in older versions. Beta features may contain bugs or inaccuracies potentially causing failures, disruptions, downtime, data corruption, or loss. You acknowledge that your use of beta features is at your own risk, and you're bound by these Terms.

Prohibited Jurisdictions and Eligibility

LiT does not engage with digital wallets that are located in, established in, or associated with residents of the United States, Republic of China, Singapore, Myanmar (Burma), Cote D'Ivoire (Ivory Coast), Cuba, Crimea and Sevastopol, Democratic Republic of Congo, Iran, Iraq, Libya, Mali, Nicaragua, Democratic People's Republic of Korea (North Korea), Somalia, Sudan, Syria, Yemen, Zimbabwe, or any region subject to sanctions imposed by the United States, United Kingdom, or European Union.

The use of software or networking techniques, including Virtual Private Networks (VPNs), to alter your internet protocol address or otherwise bypass this prohibition is strictly forbidden. Any attempts to access or utilize the Platform from these jurisdictions constitutes a violation of these Terms and may lead to immediate termination of your Platform access.

General Eligibility. Access to the Platform is prohibited if you are otherwise restricted from using it under applicable law.

Legality. Compliance with all applicable laws and regulations regarding your use of or access to the Platform remains solely your responsibility. Platform usage is prohibited when it would violate or enable the violation of any applicable laws or regulations, or contribute to any illegal activity.

Neither the Platform nor any of lit's services should be construed as, or used for, an offer or solicitation to anyone in jurisdictions where such offers are unauthorized, or to individuals for whom such offers would be unlawful.

By accessing or using the Platform, you affirm that you are not subject to sanctions or listed on any prohibited or restricted parties lists, including but not limited to those maintained by the United Nations Security Council, European Union or its Member States, or any other governmental authority.

We offer no assurances that information, products, or services available through our Platform are suitable for access or use in other jurisdictions. Access to or use of our Platform is not permitted in any jurisdiction or country where doing so would contradict local laws or regulations, or subject us to that jurisdictions legal requirements or registration obligations. At our sole discretion and at any time, we maintain the right to restrict Platform availability to any individual, geographic region, or jurisdiction.

Non-Circumvention. You commit not to employ any technology to access the Platform for the purpose of circumventing these Terms.

Compliance Obligations

The Platform may be unsuitable or unavailable for use in certain jurisdictions. When accessing or using the Platform, you acknowledge full responsibility for compliance with all applicable laws and regulations. Additionally, you acknowledge that we bear no obligation to notify you of potential legal violations or liabilities that might arise from your Platform access and use, and we accept no responsibility for any failure on your part to adhere to relevant laws or regulations.

We retain the authority to suspend Platform access at any time should any Terms violation occur, including but not limited to situations where we determine, at our sole discretion, that you no longer meet the eligibility criteria outlined in these Terms. Furthermore, we reserve the right to impose limitations or restrictions on Platform access for any individual or entity, or within specific geographic areas or legal jurisdictions, at any time and at our sole discretion. We shall not be liable for any losses or damages you may incur resulting from or related to Platform inaccessibility at any time or for any reason.

Know Your Customer and Anti-Money Laundering Checks

At our sole discretion, or when required by applicable laws in any jurisdiction, we maintain the right to perform "Know Your Customer" and "Anti-Money Laundering" verifications on users. Upon request, you agree to promptly provide any information and documentation that we, at our sole discretion, consider necessary or appropriate for conducting these verifications. Required documents may include, but are not limited to, passports, driver's licenses, utility bills, photographs of associated individuals, government identification cards, or notarized statements.

Regardless of any provisions herein, we may, at our sole discretion, deny Platform access until requested information is furnished, or if available information suggests you may be using the Platform in connection with money laundering, terrorism financing, or other illegal activities. Additionally, we are entitled to employ all available measures to prevent money laundering, terrorism financing, or other illegal activities, including but not limited to blocking your Platform access or sharing your information with relevant regulatory authorities.

Feedback

We value and encourage your feedback, comments, ideas, and suggestions for enhancing the Platform and Services ("Feedback"). By providing Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license. This license allows us to use, reproduce, modify, create derivative works from, improve upon, and otherwise fully exploit and commercialize the Feedback, along with any resulting developments, in any way and for any purpose.

Changes to Terms or Services

We reserve the right to modify the Terms at any time, at our sole discretion and without prior notice. If we make changes, we will make efforts to inform you by posting the updated Terms on the Platform, providing notice through the website, or using other reasonable communication methods. It is essential that you review the Terms whenever we update them, as your continued use of the Platform or Services after the modifications constitutes your acceptance of the revised Terms.

If you do not agree to the updated Terms, you must stop using the Platform and Service. As the Service evolves, we may change or discontinue all or any part of the Platform and Service at any time, without notice, and at our sole discretion. If you do not agree to the modified Terms, you must not use the Platform or Service.

Third-Party Services and Terms

When you use our Platform and/or Service, you may also be utilizing the functionality of third parties. Your use of these and other third-party software ("Third-Party Service") will be governed by the privacy policies, terms of use, and similar policies and terms, as well as any applicable fees of those third parties. In the event that the terms of these third parties conflict with these Terms, these Terms will take precedence to the fullest extent permitted by law.

Who May Use the Services

You may only use the Platform or Services if you have reached the age of majority in your jurisdiction of residence and are not prohibited from using the Platform or Services under applicable law. By using the Platform or Services and agreeing to these Terms, you represent and warrant that:

You are of legal age and have the legal capacity to enter into contracts. If you are entering into this Agreement on behalf of an entity, such as your employer, you represent and warrant that you have the legal authority to bind that entity to these Terms.

Neither you nor any entity that owns or controls you is subject to sanctions or listed on any prohibited or restricted parties lists, including but not limited to those maintained by the United Nations Security Council, the BVI government, the United Kingdom government, the U.S. Government (such as the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or any other relevant governmental authority.

Account Registration and Your Information

To use the Platform and/or access the Services, you may need to create an account with us ("Account"). If you create an Account, you agree to keep your Account credentials confidential and not allow anyone else to use your Account. You must notify us immediately if you become aware of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you are aware of them, and you are solely responsible for your conduct and any tasks or activities you undertake on the Platform or using the Services.

We reserve the right to suspend or terminate your Account if you provide false, inaccurate, or incomplete information, or if you fail to comply with the Account registration requirements or these Terms (as they may be modified from time to time). Your access to and use of the Platform or Services may be suspended or terminated at any time, for any reason, at our sole discretion, without liability to you.

Responsibility for Digital Assets and Keys and their Security

The User is solely responsible to maintain access to their tokens, cryptocurrencies and other crypto or blockchain-based digital assets (collectively, "Digital Assets"). The private key(s) (the "Keys") that provide access to your blockchain accounts are only available in encrypted form on your device's browser's local storage used to access the Service (the storage system is to be referred to hereafter as "Device Storage"). Keys are made available for the User to view upon account creation and for as long as they are present in Device Storage. Warnings to save your Keys are available during account creation as Device Storage has no guarantees of permanence or availability. It is your sole responsibility for storage of and security of your Keys. The User is responsible for taking actions to store copies of Keys for the purpose of recovery of access to your Digital Assets. The Keys may be the only way to restore access to your Digital Assets if you lose access to your Account or clear/lose access to your Device Storage. LiT can provide no guarantees to the permanence or availability of the Device Storage and thus cannot guarantee access to Keys. Note that anyone who has access to your Keys can access, transfer, or spend your Digital Assets. If you lose your Keys, you may not be able to access, transfer, or spend your Digital Assets, and they could be lost permanently.

LiT does not store copies of Keys and does not custody your tokens, so LiT cannot assist you in recovering your Digital Assets. You acknowledge and agree that LiT is not responsible for the security of your Keys. You agree to hold LiT, its affiliates, representatives, agents, and personnel harmless and that no such party shall be liable in any way if you lose your Keys and cannot access, transfer, or spend your Digital Assets, or if your Keys are accessed by another person who misuses your Digital Assets. You bear sole responsibility for any loss of your Digital Assets due to failure to retain and/or secure your Keys or other necessary credentials.

Content Ownership, Responsibility, and Removal

For these Terms' purposes: (i) "Content" encompasses text, graphics, images, music, software, audio, video, works of authorship, and any information available through our Platform or Services; (ii) "User Content" refers to any material that users or account holders (including you) upload, submit, store, send, post, or make available via our Platform, Site, or integrated channels. Content includes, without limitation, User Content.

We do not claim ownership over User Content, and these Terms do not restrict your rights to use your contributions. Unless explicitly stated otherwise in writing, LiT does not endorse, promote, evaluate, verify, authorize, or solicit any User Content. User Content may be protected by constitutional or other legal provisions and shall not be interpreted as solicitation.

LiT and its licensors exclusively own all rights, titles, and interests in and to the Platform, Services, and Content, including associated intellectual property rights, excluding User Content. The Platform, Services, and Content are protected by copyright, trademark, and other U.S. and international laws. You agree not to remove, alter, or obscure any proprietary notices on the Platform, Services, or Content.

Rights in User Content Granted by You

You grant LiT a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, create derivative works from, publicly display, and publicly perform your User Content, in accordance with the Privacy Policy.

You represent and warrant that you have the right and authority to submit your User Content, and that neither your User Content nor any part of it infringes, misappropriates, or otherwise violates any intellectual property rights or other rights of any person.

You acknowledge that, in certain instances, even after you have removed your User Content by specifically deleting it, some of your User Content (such as posts or comments) may not be completely removed, and copies of your User Content may persist on the Service. LiT bears no responsibility or liability for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights Platform and Service Granted by LiT

LiT and its partners exclusively own the Platform and Service, which must be used strictly according to these Terms. LiT provides you a restricted, personal right to use the App and Platform solely for accessing the Service as per these Terms. Service usage is for your individual use only. Creating a commercial application using the Service requires LiT's explicit written approval.

You commit to using the Platform and Service only as explicitly allowed in this Agreement. Unless specifically authorized, you agree not to: (i) alter or create derivatives of Service Content (except where separately licensed), (ii) deconstruct the App or Platform's software, (iii) use the Service to avoid fees or exceed limits, (iv) extract data through automated means, or (v) resell or offer the Service through alternative models. Using LiT's branding requires prior written consent. You'll avoid misrepresenting our relationship or implying any endorsement. You won't suggest any affiliation between us.

LiT Affiliates, Referrals, and Trading Rewards

LiT offers affiliate, referral, and trading reward programs that incentivize platform engagement and user growth. By participating in any of these programs, you consent to the following conditions.

These programs are accessible to all registered LiT users in good standing, with no history of fraudulent behavior. We reserve the right to modify, pause, or end any reward program at any time without advance notice. Program changes will be communicated via our website. Before being claimed, all rewards are not guaranteed and may be removed or adjusted at LiT's discretion.

Each participant receives a unique referral link, which can be shared on social media, websites, or with personal contacts. Your referral earnings are determined by the activities and transactions of the users you refer. The program may feature multiple tiers with different benefits and earning rates. Participants must refrain from spam or any unsolicited promotional activities. Misrepresentation or fraudulent actions are strictly forbidden and will lead to program disqualification.

Users may earn trading rewards based on their trading volume and activity on the platform. Trading rewards can be structured in tiers, with higher volumes potentially qualifying for better reward rates. The calculation of trading volume and corresponding rewards may vary by market, asset type, and trading pair. Trading rewards may be subject to vesting periods, minimum holding requirements, or other conditions as determined by LiT.

Referral and trading rewards can be claimed through initiating a Solana transaction through the Platform. We reserve the right to alter earnings and payout rates at our discretion. The timing, frequency, and method of reward distribution may vary and are subject to change. Rewards may be distributed in various forms, including but not limited to tokens, fee discounts, or other benefits as determined by LiT.

LiT monitors program participation for signs of abuse, manipulation, or gaming of the reward systems. Activities deemed to artificially inflate trading volume, create fake referrals, or otherwise manipulate the reward programs will result in immediate disqualification and may lead to account suspension. We reserve the right to withhold or reverse rewards obtained through suspicious or prohibited activities.

Joining these programs does not establish any partnership or employment relationship between you and LiT. We do not guarantee any specific earnings or outcomes from program participation. These terms are subject to the laws of the jurisdiction where LiT operates. By participating in any LiT reward program, you acknowledge and agree to these terms and any future amendments.

Fees

Accessing certain Service aspects may incur fees, including charges for token exchanges facilitated by third-party platforms, fees from our platform, and fees for using the Solana network infrastructure. These fees can change without warning. Estimated total costs will be displayed when you use the Service.

Third-party functionality might involve additional charges. For instance, decentralized apps accessed through the App, including via the buy/sell features, may levy fees. LiT bears no responsibility for any third-party charges or fees related to external services linked to or accessed via the Platform or Service.

While the Service aims to provide accurate transaction estimates, these are preliminary and may differ from actual costs for using the Service and interacting with Solana or other compatible networks. You acknowledge that these estimates aren't guaranteed and may be inaccurate at times. Particularly for the buy and sell functionalities, you understand that exchange rates and prices are estimates subject to change. Thus, rates and prices shown in the Service are approximations and may be imprecise. LiT cannot be held accountable for, and you release LiT from, any losses or liabilities stemming from inaccurate fee estimates related to any Service use.

NO INVESTMENT ADVICE

WE MAY PROVIDE THIRD-PARTY-SOURCED DIGITAL ASSET DATA VISIBLE THROUGHOUT THE PLATFORM. WE MAY LABEL WARNINGS OR RESTRICT SERVICE INTERACTIONS WITH CERTAIN ASSETS. THE INFORMATION PROVIDED IS NOT A SOLICITATION FOR USER-INITIATED SWAPS; WE ARE NOT PROMOTING ANY ACTIONS THROUGH THIS DATA. ALL PRODUCT INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE INVESTMENT ADVICE OR SAFETY ENDORSEMENTS. DO NOT MAKE ANY INVESTMENT DECISIONS BASED ON OUR PRODUCT INFORMATION. OFFERING TOKEN DATA DOES NOT IMPLY INVESTMENT RECOMMENDATIONS OR ENDORSEMENTS OF ANY TRANSACTIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE SUITABILITY OF INVESTMENTS BASED ON YOUR PERSONAL SITUATION. LiT EXPRESSES NO OPINIONS ON SPECIFIC TOKENS, TRADING STRATEGIES, PROTOCOLS, OR SYSTEMS.

Acceptable Use and Enforcement Rights

As a prerequisite for Platform and Service usage, you commit to avoiding:

• Transmitting unlawful or prohibited communications like bulk messaging, auto-messaging, auto-dialing, and similar practices;
• Evading, circumventing, disabling, or impairing any technological measures implemented by us, our service providers, or third parties to safeguard the Service or Content;
• Engaging in illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, or racially/ethnically offensive activities, or inciting conduct that would be unlawful or inappropriate;
• Infringement or misuse of LiT's, its licensors', our users', or others' rights, including privacy, publicity, intellectual property, or additional entitlements;
• Disrupting or attempting to interfere with any user's, host's, or network's access to the Service;
• Concealing your location via IP proxying or other methods;
• Disseminating falsehoods, misrepresentations, or deceptive statements, including impersonation;
• Bypassing content-filtering techniques, security measures, or access controls;
• Actions that could hinder, disrupt, negatively affect, or prevent other users from enjoying the Service;
• Violating any applicable laws or regulations, including anti-money laundering and sanctions programs.

Third-Party Resources and Promotions

LiT's Service might include references or links to external resources, such as information, materials, products, or services, that LiT doesn't own or control. Furthermore, external parties may offer promotions related to your access and use of LiT's Products. LiT doesn't approve, monitor, endorse, warrant, or assume any responsibility for these external resources or promotions. Should you access such resources or participate in such promotions, you do so at your own risk, understanding that this Agreement doesn't apply to your interactions or relationships with any third parties. You explicitly release LiT from any and all liability stemming from your use of these resources or involvement in these promotions.

Warranty Disclaimers

YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM, SERVICES, AND CONTENT IS AT YOUR OWN RISK, AND THAT THE ENTIRE RESPONSIBILITY FOR SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT LIES WITH YOU. THE APP, SITE, AND FUNCTIONALITY ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LiT SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT.

No Professional Advice or Fiduciary Duties

All information provided in relation to your access and use of LiT's Platform and Service should not and cannot be interpreted as legal, financial, or professional advice. You should avoid taking any action based on information found on LiT's Platform, in the Service, or in any other information LiT makes available. Before making any financial, legal, or other decisions involving LiT's Platform or Service or their use, you should seek guidance from an independent professional who is licensed, credentialed, and qualified in the relevant area.

Not Registered with the SEC or Any Other Agency

LiT is not registered with the U.S. Securities and Exchange Commission as a national securities exchange or with any other governmental agency in any capacity. LiT provides software services. LiT does not custody Digital Assets or your private keys. LiT does not match or settle trades. You understand and acknowledge that LiT does not solicit trades or broker trading orders on your behalf.

Indemnity

You agree to indemnify, defend, and hold harmless LiT, its affiliates, and their respective officers, directors, employees, agents, and representatives (collectively referred to as the "LiT Parties") from and against any and all claims, disputes, demands, liabilities, damages, losses, and expenses, including but not limited to reasonable legal and accounting fees. This indemnification applies to any issues arising from or related to (i) your access to or use of the Platform, Service, or Content, (ii) your User Content, (iii) Third Party Services, or (iv) any violation of these Terms on your part.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL LiT BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR FROM ANY AUTHORIZED OR UNAUTHORIZED USE OF THE SITE, THE APP, OR THE SERVICES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF LiT HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

DIGITAL ASSETS ARE AN EMERGING TECHNOLOGY AND ARE OFTEN VULNERABLE TO SECURITY COMPROMISES OR HACKS. YOU UNDERSTAND AND WAIVE ANY SUCH RISK IN USING THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE LiT PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($USD100.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTIONS.

Governing Law

These Terms shall be construed and enforced in accordance with the laws of the state of California applicable to contracts entered into and performed in California by residents thereof; provided that all provisions hereof related to arbitration shall be governed by and construed in accordance with the Federal Arbitration Act (U.S. Code Title 9).

Mandatory Arbitration

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The place of arbitration shall be San Diego County, CA. The arbitration shall be governed by the laws of the State of California. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 120 days.

Force Majeure

Except for payment obligations, neither LiT nor you will be liable under this agreement due to any failure or delay in performing obligations caused by events beyond the reasonable control of the affected party. Such events may include natural disasters, fires, epidemics, pandemics, riots, war, terrorism, denial of service attacks, internet outages, labor shortages, and judicial or government action.

Contact Information

If you have any questions about these Terms or the Service, please contact us at get@lit.io