Terms of Service Agreement

Last Updated: October 27, 2025

Welcome! This Terms of Service Agreement (the "Agreement" or the "Terms") is between you and the company or other legal entity for which you are accepting this Agreement, and affiliates of that company or entity ("you" or "your" or "user") and STRATO Mercata, Inc., a BVI company registered under the number 2179057 ("STRATO Mercata", "we," "our," or "us"). This Agreement sets forth the terms and conditions that govern your access to, and use of, STRATO Mercata's websites including https://stratomercata.com, web applications, mobile applications, smart contracts, application protocol interfaces ("API"), decentralized applications, all other software that STRATO Mercata has developed for issuing, redeeming, tracking, and trading tokens and various assets and such other services, features, content, applications we offer (collectively referred to as the "STRATO Mercata Site", the "STRATO Mercata Services", "Services", "Interface", or "Wallet") (The STRATO Mercata Site, STRATO Mercata Services, Services, Interface, and Wallet shall be collectively referred to as "Products").

These Terms expressly cover your rights and obligations, and our disclaimers and limitations of legal liability, related to your use of and access to our Products. By accessing or using our Products, you accept and agree to be bound by and to comply with these Terms, including, without limitation, the binding arbitration provision and the class action waiver, both of which impact your rights as to how disputes are resolved. Our Products are only available to you, and you should only access them if you agree completely with this Agreement.

Your submission of information, including any personally identifiable information ("PII"), through or in connection with the Site is governed by the terms of our privacy policy as updated from time to time, available at https://stratomercata.com/privacy ("Privacy Policy"). All such additional terms, guidelines, and rules, including our Privacy Policy, are incorporated by reference into these Terms.

How You Accept This Policy

By accessing or using any of the Products, you signify that you have read, understand, and agree to be bound by this Agreement, along with any other policies or notices on the Services, the Site, and our Privacy Policy located at stratomercata.com/privacy. Together these materials contain terms, rules, and guidelines related to your use of the Products.

The Products may not be accessed for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. STRATO Mercata's direct competitors are prohibited from accessing the Services, except with STRATO Mercata's prior written consent.

We may amend or modify the Agreement at any time by posting the revised agreement on the STRATO Mercata Site and the modified Terms shall be effective as of the time it is posted. Your continued us of the Products after the posting of a revised agreement shall constitute your agreement to the amended Agreement by and between you and STRATO Mercata, and you agree to be legally bound by its terms and conditions as amended. Please be aware that, among other things, this means that following an amendment to this Agreement, transaction fees, discounts, rebates, rewards, and other benefits could be affected by the amended Agreement. If you do not agree to this Agreement or any modifications to this Agreement, you are not authorized to access or use any of our Products and should not use our Products.

Eligibility For Use of The Products

You can only use our Products to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules, and regulations that apply to you. Please note that we may still refuse to let certain people or entities access or use the Products at our sole discretion and reserve the right to change our eligibility criteria.

To access or use any of our Products, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least 18 years old or at the age of majority in your jurisdiction and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement and our Privacy Policy on behalf of yourself and any company or legal entity for which you may access or use the Interface. If you are entering into this Agreement on behalf of a company or other legal entity, you represent to us that you have the legal authority to bind such entity and its affiliates to these terms and conditions, in which case the terms "you", "your", or "user" shall refer to such entity and its affiliates.

Your use of the Products is subject to United States and international applicable laws including, but not limited to export restrictions, end-user restrictions, antiterrorism laws and economic sanctions. By using the Services or the STRATO Mercata Site, you represent and warrant that the Products may not be used in, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to, countries as to which the U.S. maintains an embargo ("Embargoed Countries"), or to or by a national or resident thereof, or any person or entity of the U.S. Department of Treasury's List of specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. The lists of Embargoed Countries and designated nationals are subject to change without notice. Further, you represent and warrant that you are not (and any end users who access and use the products using your account access are not) (a) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions or embargos by the United States, United Nations, the United Kingdom, the European Union, or any other applicable government authority ("Restricted Territories"); (b) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, U.S. Commerce Department, or the U.S. Department of State) (collectively, "Sanction List Person"); or (c) intending to transact with any Restricted Person or Sanctions List Person. Finally, you represent that your access and use of any of our Products will fully comply with all applicable laws and regulations that apply to you, us, or the Products, and that you will not access or use any of our Products to conduct, promote, or otherwise facilitate any illegal or illicit activity.

Account Access Conditions

You are only permitted to access your STRATO Mercata account using your user account login credentials. You understand, acknowledge, and agree that (a) your account login credentials and authentication method have been chosen by you and that you agree to keep them confidential; (b) you are solely responsible (and you will not hold us responsible) for managing and maintaining the security of all electronic devices, passwords, hints, personal identification numbers, and API keys you use to access the Services; and (c) we are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your STRATO Mercata account.

As a condition of using or accessing the Products, you covenant to STRATO Mercata that: (a) in connection with using the Products, you will only transfer and use legally-obtained digital assets that belong to you or where you are validly authorized to carry out actions using such digital assets; and (b) you will obey all applicable laws in connection with using the Products, and you will not use the Products if the laws of your country, or any other applicable law, prohibit you from doing so.

Further, you acknowledge, understand, and agree that as a condition of accessing or using the Products that (a) STRATO Mercata does not act as an agent for you or any other user of the Site or the Products; (b) the pricing information provided on the Site does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into a transaction with STRATO Mercata; (c) you are solely responsible for your use of the Products, including all of your transfers of digital assets; (d) we do not owe fiduciary duties or liabilities to you or any other party, and to the extent any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate those duties and liabilities; (e) we have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any digital assets that you may transfer to or from a third-party, and we are not responsible for ensuring that an entity with whom you transact completes the transaction or is authorized to do so, and if you experience a problem with any transactions in digital assets using the Products, then you bear the entire risk; and (f) you are solely responsible for reporting and paying any taxes applicable to your use of the Services.

You acknowledge and agree that STRATO Mercata will have no obligation to provide you with any support or maintenance in connection with its Site or Products.

Our Products

Products and Services refers to the services and products made available online via the STRATO Mercata Site or affiliated website or application by STRATO Mercata, including associated STRATO Mercata offline or mobile components.

Our Wallet app allows you to (a) store digital assets; (b) view addresses and information that are part of our digital asset network and broadcast transactions; (c) participate in decentralized exchange ("DEX") trades and associated DEX activity; (d) receive bridged assets; and (e) perform any additional services that we may add to the Wallet app from time to time.

You understand and acknowledge that all our Products are non-custodial, meaning we never have custody, possession, or control of your digital assets at any time. When you deposit digital assets into an account in any smart contract initially developed by STRATO Mercata, you retain control over those digital assets at all times. The private key associated with the Ethereum address from which you transfer digital assets and/or the private key associated with the storage scalability service account you use is the only private key that can control the digital assets you transfer into these smart contracts. In some cases, you may withdraw digital assets from any smart contract initially developed by STRATO Mercata only to the Ethereum address from which you deposited the digital assets.

Our STRATO Mercata blockchain protocol is open sourced, is built on the Ethereum network, and allows users to store, interact with other protocols, compile/decompile call data, or trade certain compatible digital assets ("Protocol").

From time to time in the future we may offer additional products, and such additional products shall be considered a Product as used herein, regardless of whether such product is specifically defined in this Agreement.

We may make certain Products, including access to our APIs, data, and liquidity services, accessible or usable through interfaces, products or services provided by certain third-party partners, such as exchanges and trading platforms (each a "Third-Party Partners").

You agree that your use of the Products through an interface, product or service provided by one of our Third-Party Partners is nonetheless still subject to the terms and conditions of this Agreement.

Modification to our Products

STRATO Mercata may with or without notice to you discontinue, change, substitute, eliminate, or add to any product, service, or feature, in its sole discretion, at any time and modify, delete, filter, review, disable, and remove all information, content, and pricing from any of the Products. You agree that we may transfer you to a product or service that is reasonably similar to the discontinued or changed product or service, to the extent such product or service exists.

Third-Party Services, Content, and Promotions

Our Products may contain integrations, references, links or other access to third-party services, sites, technology, content and resources, including, but not limited to information, materials, products, or services (each a "Third-Party Service"). We have no control over these Third-Party Services, and in no event shall we be held responsible or liable for the accuracy, reliability, or contemporaneity of any third-party's services, content, or policies. Users who access or use a Third-Party Service through STRATO Mercata are subject to additional terms and conditions, privacy policies, or other agreements with such third-party, and you may be required to authenticate or create separate accounts to use Third-Party Services on the websites or via the technology platforms of these respective providers. You, and not STRATO Mercata are solely responsible for complying with the terms and policies of these third parties and will be responsible for all costs and charges associated with your use of any Third-Party Services. STRATO Mercata enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. These third parties may offer promotions related to your access and use of our Products. We do not approve, monitor, endorse, warrant, or assume any responsibility for any such resources or promotions. Any dealings you have with third parties while using our Products are between you and the third-party, and STRATO Mercata 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.

We retain the exclusive right to add to, modify, or cancel the availability of any Third-Party Service.

Some Third-Party Services will provide us with access to certain information that you have provided to them, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within our Products, please see our Privacy Policy. STRATO Mercata has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third-parties providing Third-Party Services prior to using such services.

Beta and Testnet

From time to time, STRATO Mercata may make Beta services available to you. You may choose to try such Beta services or not in your sole discretion. Any use of Beta Services is subject to these Terms and any additional Beta services terms provided by STRATO Mercata at the time the Beta Services are made available.

Testnet is provided solely for software development testing purposes and not for the monetization of assets therein by any party, including, without limitation, any party receiving Rewards (as defined herein) from us for participating in such activities. Any use of Testnet services is subject to these Terms and any additional Testnet services terms provided by STRATO Mercata at the time the Testnet is made available.

Gas Fees

Blockchain transactions require the payment of transaction fees to the appropriate networks ("Gas Fees"). Except as otherwise expressly set forth in the terms of another offer by STRATO Mercata, you will be solely responsible to pay the Gas Fees as well as all other fees for any transaction that you initiate via any of our Products. The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of STRATO Mercata. Although we attempt to provide accurate fee information, this information reflects our estimates of fees, which may vary from the actual fees paid to use the Products and interact with our blockchain. You acknowledge that under no circumstances will a transaction be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable to you. You also acknowledge and agree that you cannot reverse, cancel, or change a transaction that has been marked as pending or complete, and that under all circumstances, the Gas Fee is non-refundable.

We reserve the right to refuse to process, or to cancel, correct, or reverse your transaction in response to a subpoena, court order, or other government order, or if we suspect that the transaction may involve money laundering, terrorist financing, fraud, or any other financial crime. STRATO Mercata is under no obligation to reinstate a transaction on the same terms as the cancelled, corrected, or reversed transaction.

Proprietary Rights

The Products contain our proprietary property including, but not limited to, our platform and are protected by copyright law, registered and unregistered trademarks, database rights, and other intellectual property rights. You acknowledge that the Site or the Services may use, incorporate or link to certain open-source components and that your use of the Site or Services is subject to, and you will comply with any, applicable open-source licenses that govern any such open-source components (collectively, "Open-Source Licenses"). Unless otherwise provided, we exclusively own rights to the Products and your use of the Products does not grant you any right, title, or interest in the Products. You understand and agree not to modify, copy, reproduce, retransmit, distribute, sell, lease, lend, share, publish, broadcast, create derivative works from, or store the Products' non-open source code or similar proprietary or confidential data or other similar information provided via the Products, without our express prior written consent. You may not use the Products for unlawful purposes.

Excluding the open-source software or third-party software that the Site or the Services incorporates, as between you and STRATO Mercata, STRATO Mercata owns the Site and the Services, including all technology, content, and other materials used, displayed, or provided on the Site or in connection with the Services (including all intellectual property rights subsisting therein), and hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use those portions of the Site and Products that are proprietary to STRATO Mercata solely for your own use while this Agreement is in effect. Your use of the Products will also be subject to the terms, limitations and conditions in the relevant Terms of Use for such STRATO Mercata Product, if any. All other uses are prohibited. All rights in and to the Products not granted herein, are reserved.

Except as expressly set forth herein, STRATO Mercata alone (and its licensors, where applicable) will retain all intellectual property rights relating to the Products, all aggregated data generated during the access and use of the Products, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any third-party relating to the Products, which are hereby assigned to STRATO Mercata. Without limitation to the foregoing, all rights in any product names, tradename, graphics, logos, button icons, service names, and other marks used on the Site or made available or included in the Products, including without limitation STRATO and STRATO Mercata are STRATO Mercata's proprietary marks and are protected by applicable trademark laws. You may not copy, distribute, reproduce, use, or imitate any of the foregoing without STRATO Mercata's prior written consent. These Terms are not a sale and do not convey to you any rights of ownership in or related to the Products or STRATO Mercata marks, or any other intellectual property rights related thereto. This Agreement does not grant you any rights in these trademarks. You may not remove, obscure, or alter these marks or any legal notices displayed in or along with the Services.

Your Use of Our Services

If you sign-up for an account, we ask that you abide by a few commonsense rules. Specifically, you agree not to engage in, or attempt to engage in any of the following categories of prohibited activity in relation to your access and use of our Products:

Don't Share Your Account. You agree that you will not sell, lease, furnish, or otherwise permit access to your STRATO Mercata account to any other individual or entity that is not your agent or employee, and will accept full responsibility for your agent or employee's use of your STRATO Mercata account regardless of method used to access your account. You understand and agree that you are responsible for all transactions, orders, trades, and other instructions entered into your Wallet.

Don't Use Our Services to Break the Law. You agree that you will not violate any laws when using our Services. This includes any local, provincial, state, federal, national, or international laws that may apply to you, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws and sanctions programs, such as, without limitation, the Bank Secrecy Act and the U.S. Department of Treasury's Office of Foreign Asset Controls. It also includes use or access of the Site or Services to transmit or exchange digital assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion.

Don't Try to Harm Our System. You agree not to distribute any virus or other harmful computer code through STRATO Mercata. You also agree to not take any action that may interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that may damage, disable, or impose an unreasonable or disproportionately large load on our or any of our third-party providers' infrastructure.

Don't Attempt to Circumvent Our Security. You agree not to bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems, or networks connected to the Services.

Don't Insert Harmful Material. You agree not to use any "robot", "crawler", "scraper", "spider", or other automated means or interface not provided by us, to access the Services or to extract data or introduce any virus, malware, Trojan horse, logic bomb, worm, drop-dead device, shutdown mechanism, backdoor, or other harmful material into the Site or the Products or Services.

Don't Infringe on Intellectual Property Rights. You agree not to engage in transactions involving items that infringe on or violate any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law. Additionally, you will not copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of STRATO Mercata's content, including without limitation any marks, in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise. Any use of the Products other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate your license to use the Products.

Don't Engage in Fraudulent or Misrepresentative Activities. You agree not to engage in activity that seeks to defraud us or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information while using the Site or Services in order to unlawfully obtain the property of another or defrauds STRATO Mercata, other users of the Services, or any other person.

Don't Engage in Market Manipulation. You agree not to engage in activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including, but not limited to, the manipulative tactics commonly known as "rug pulls", pumping and dumping, and wash trading.

Don't Engage in Securities and Derivatives Violations. You agree not to engage in activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives, including, but not limited to, the unregistered offering of securities and the offering of leveraged and margined commodity products to retail customers in the United States.

Don't Sell Stolen Property. You agree not to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items on our Site.

Don't Insert Objectionable Content. You agree not to engage in activity that involves soliciting information from anyone under the age of 18 or that is otherwise harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable.

Don't Engage in Any Other Unlawful Conduct. Engage in any activity that violates any applicable law, rule, or regulation of the United States or another relevant jurisdiction, including, but not limited to, the restrictions and regulatory requirements imposed by U.S. law.

License You Grant to Us Over User Content

To use certain features of the Products, including processing certain buy-sell transactions via STRATO Mercata, it will be necessary for you to share certain information with us and/or prospective purchasers or sellers, including without limitation description and details concerning the product or asset to be sold or purchased. There are areas of the Services and areas on third-party sites where you can communicate with us. We do not own any of such information and data; however, by providing such information and data to us, you grant us a license to use it. The information and data that you provide and related communications between you and STRATO Mercata will be referred to as "User Content."

When you submit, post, or otherwise direct communications to STRATO Mercata (through the use of a STRATO Mercata Product or Services, on third-party sites, or via a telephone call with a member of our team) you grant us a non-exclusive, transferable, worldwide, royalty-free, irrevocable, sub-licensable through multiple levels of sublicenses, perpetual license to use, publicly display (in any media or format), edit, stream, digitize, modify, reproduce, display, distribute, store, and prepare derivative works of your User Content in any formats and through any channels, including across any STRATO Mercata Product or Service that we may own or operate. You agree that the User Content provided to STRATO Mercata is non-confidential and that STRATO Mercata has the right to unrestricted use for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS, STOCKHOLDERS, AFFILIATES, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (COLLECTIVELY THE "STRATO MERCATA PARTIES") BE LIABLE TO YOU BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, CIVIL LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY LOST FIAT, ASSETS, DATA, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFITS, LOSS OF GOODWILL OR REPUTATION, INFORMATION, CORRUPTION, BREACH, OR DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DIMINUTION ON VALUE OR BUSINESS OPPORTUNITY, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INTENGIBLE, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER ARISING FROM: (A) THIS AGREEMENT OR YOUR ACCESS TO, USE OF, OR RELIANCE ON OUR STRATO MERCATA PRODUCTS AND ANY OF THEIR CONTENT AND FUNCTIONALITY, INCLUDING, WITHOUT LIMITATION, WALLET SERVICES, ANY EXECUTION OR SETTLEMENT OF A TRANSACTION, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, YOUR DIGITAL ASSETS, STRATO MERCATA TOKENS OR STRATO MERCATA SMART CONTRACTS, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF STRATO MERCATA, OR ANY ERRORS OR OMISSIONS IN OUR SOFTWARE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, THE STRATO MERCATA SITE, OR STRATO MERCATA'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR API; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR STRATO MERCATA PRODUCTS BY ANY THIRD-PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (E) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY, OR (II) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE TRANSACTION FEES, IF ANY, PAID TO US FOR THE USE OF THE STRATO MERCATA PRODUCTS IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

NOR IS STRATO MERCATA IN ANY WAY RESPONSIBLE FOR THE EXECUTION OR SETTLEMENT OF TRANSACTIONS BETWEEN USERS OF OPEN-SOURCE SOFTWARE INITIALLY DEVELOPED FOR STRATO MERCATA.

THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THESE TERMS OR ANY LIMITED REMEDY HEREUNDER.

ANY PAYMENTS OR FINANCIAL TRANSACTIONS THAT YOU ENGAGE IN WILL BE PROCESSED VIA AUTOMATED SMART CONTRACTS. ONCE EXECUTED, WE HAVE NO CONTROL OVER THESE PAYMENTS OR TRANSACTIONS, NOR DO WE HAVE THE ABILITY TO REVERSE ANY PAYMENTS OR TRANSACTIONS. THEREFORE, WE DO NOT PROVIDE REFUNDS FOR ANY PURCHASES THAT YOU MIGHT MAKE ON OR THROUGH ANY OF OUR PRODUCTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Assumption of Risk

Use of our Products and the Protocol for trading digital assets, and issuing or acquiring digital tokens, may carry financial risk. Digital assets, by their nature, are highly experimental, risky, and volatile. Transactions entered into in connection with the Services are irreversible, final, and there are no refunds. You acknowledge and agree that you will access and use the Site and the Services at your own risk. Some of the risks you assume include, but are not limited to, the use of blockchain and cryptographic keys.

Blockchain. By accessing and using any of our Products or interacting with our Site in any way, you represent that: (i) you are financially and technically sophisticated enough to understand the inherent risks associated with cryptographic systems and blockchain-based networks; and (ii) you have a working knowledge and understanding of the usage and intricacies of native digital assets such as ether (ETH), wrapped digital assets, stablecoins, smart contract-based tokens that follow the erc-20 standard, an Ethereum token standard, other systems that interact with blockchain-based networks, bridging, and Real World Assets ("RWAs") that may be found on the STRATO Mercata Site. You further acknowledge and accept the risk that: (i) the markets for digital assets are nascent and highly volatile due to risk factors including, but not limited to, speculation, adoption, security, technology, and regulation; (ii) anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects and you may mistakenly trade those or other tokens; (iii) stablecoins may not be as stable as they purport to be nor fully or adequately collateralized and may be subject to panics and runs; (iv) blockchain based smart contract transactions automatically execute and settle and are irreversible when confirmed; (v) transacting with blockchain-based systems is variable and the cost and speed of use may increase dramatically at any time and may result in price fluctuations or increased costs when using the Services; (vi) the software underlying blockchain networks, including the Ethereum blockchain and the Protocol, are open source, such that anyone can use, copy, modify, and distribute it; and (vii) the underlying networks are subject to sudden changes in operating rules, such as those commonly referred to as "forks," which may materially affect the Services.

Although our intent is to provide you with accurate and timely information on the Site and during your use of the Services, the Site and other information available when using our Products may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. Information may be changed or updated from time to time without notice, including, without limitation, information regarding our policies. You acknowledge and agree that all decisions based on information contained on the Site or as part of the Services are your sole responsibility and that it is your responsibility to verify all information before relying on it. We make no representation as to the accuracy, completeness, or appropriateness for any particular purpose of any pricing information distributed via the Site or otherwise when using the Products. Prices and pricing information may be higher or lower than prices available on platforms providing similar services.

You understand that we do not create, own, or operate cross-chain bridges and we do not make any representation or warranty about the safety or soundness of any cross-chain bridge, including its use for STRATO Mercata governance.

You further understand that if you choose to act as a liquidity provider to the Protocol, that your digital assets may lose some or all of their value while they are supplied to the Protocol through the Site due to the fluctuation of prices of tokens in a liquidity pool or trading pair and we do not make any representation or warranty to the contrary.

You acknowledge that we are not responsible for any of these variables or risks, do not own or control the Protocol nor any of the underlying software through which the blockchain networks are formed, and cannot be held liable for any resulting losses that you experience while accessing or using any of our Products. Accordingly, you understand and agree to assume full responsibility for all risks resulting from your access and use of the Site to interact with the Protocol.

You also understand that no financial regulatory authority has reviewed or approved the use of STRATO Mercata's open-source blockchain Protocol and software and that the Products are not registered or licensed by any financial regulatory authority. You understand and acknowledge that we do not broker trading orders on your behalf. Nor do we facilitate the execution or settlement of your trades, which occur entirely on open-source public distributed blockchains. As a result, we cannot and do not guarantee market best pricing or best execution through our Products or when using our API/SDK, which routes trades across liquidity pools on many DEXes. Any references in a Product to "best price" does not constitute a representation or warranty about pricing available through such Product, on the Protocol, or elsewhere.

Cryptographic Key. Blockchain networks use public/private key cryptography. As previously stated, you alone are responsible for securing your private key(s). We do not have access to your private key(s) and will not be able to retrieve or protect your digital assets; thus, you losing control of your private key(s) will permanently and irreversibly deny you access to digital assets on the Protocol, Ethereum blockchain, or any other blockchain-based network. This means that if you lose your private key(s), then you will not be able to transfer your digital assets to any other blockchain address or wallet and will be unable to realize any value or utility from the digital assets that you may hold.

Notwithstanding anything in these Terms, we accept no responsibility whatsoever for, and will in no circumstances be liable to you in connection with, your use of our Products, the Protocol, your wallet, and/or the Services on our Site used by you for performing digital asset transactions, including issuing, bridging, exchanging, or acquiring digital tokens or rewards nor for you getting logged out of your Wallet on our Site or any associated wallet(s) and being unable to recover it.

You hereby acknowledge and agree that STRATO Mercata will have no responsibility or liability for, the risks set forth in this Section. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against STRATO Mercata Parties related to any of the risks set forth in this Section.

No Warranties

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF EACH OF OUR PRODUCTS IS AT YOUR OWN RISK.

NO ADVICE, INFORMATION, OR STATEMENT THAT WE MAKE SHOULD BE TREATED AS CREATING ANY WARRANTY CONCERNING ANY OF OUR PRODUCTS. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING ANY OF OUR PRODUCTS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE STRATO MERCATA PRODUCTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE STRATO MERCATA PRODUCTS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. NOR WILL BE LIABLE FOR YOUR DATA ON THE SITE BECOMING IRRETRIEVABLY LOST, CORRUPTED, OR TEMPORARILY UNAVAILABLE DUE TO INTERNET OUTAGES, FORCE MAJEURE EVENTS OR OTHER DISASTERS, PROTOCOL CHANGES BY THIRD-PARTY PROVIDERS, UNSCHEDULED OR SCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OF OUR CONTROL.

YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.

STRATO MERCATA PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE STRATO MERCATA PRODUCTS OR ANY CONTENT THEREIN, WHETHER PROVIDED OR OWNED BY US OR BY ANY THIRD-PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES ACCESSIBLE VIA THE STRATO MERCATA SITE, ANY PART OF THE SERVICES OR ANY OF THE MATERIALS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, ERROR-FREE, TIMELY, ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE STRATO MERCATA PRODUCTS WILL MEET YOUR REQUIREMENTS.

STRATO MERCATA DOES NOT PROVIDE ANY ADVICE OR RECOMMENDATIONS CONCERNING ANY COMMODITIES OR DIGITAL ASSETS NOR IS IT ACTING AS AN INVESTMENT OR COMMODITY TRADING ADVISOR TO ANY ENTITY OR PERSON. ANY TOKENS ISSUED TO YOU AS REWARDS ON THE SITE ARE NOT SHARES OR ANY EQUIVALENT IN ANY EXISTING OR FUTURE PRIVATE OR PUBLIC COMPANY, CORPORATION, FOUNDATION, OR OTHER ENTITY IN ANY JURISDICTION.

FURTHERMORE, WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT LINKED THIRD-PARTY SERVICES, THE THIRD PARTIES THEY ARE OWNED AND OPERATED BY, THE INFORMATION CONTAINED ON THEM, ASSETS AVAILABLE THROUGH THEM, OR THE SUITABILITY, PRIVACY, OR SECURITY OF THEIR PRODUCTS OR SERVICES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF THIRD-PARTY SERVICES, THIRD-PARTY WEBSITES, APPLICATIONS, OR RESOURCES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD PARTIES AND ACCESSED THROUGH ANY OF OUR PRODUCTS.

SIMILARLY, THE PROTOCOL IS PROVIDED "AS IS", AT YOUR OWN RISK, AND WITHOUT WARRANTIES OF ANY KIND. ALTHOUGH WE CONTRIBUTED TO THE INITIAL CODE FOR THE PROTOCOL, WE DO NOT PROVIDE, OWN, OR CONTROL THE PROTOCOL, WHICH IS RUN AUTONOMOUSLY WITHOUT ANY HEADCOUNT BY SMART CONTRACTS DEPLOYED ON VARIOUS BLOCKCHAINS. NO DEVELOPER OR ENTITY INVOLVED IN CREATING THE PROTOCOL WILL BE LIABLE FOR ANY CLAIMS OR DAMAGES WHATSOEVER ASSOCIATED WITH YOUR USE, INABILITY TO USE, OR YOUR INTERACTION WITH OTHER USERS OF, THE PROTOCOL, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, CRYPTOCURRENCIES, TOKENS, OR ANYTHING ELSE OF VALUE. PRODUCTS.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The foregoing limitations of liability, damages, assumption of risk, and no warranty provisions set forth above are fundamental elements of the basis of the bargain between you and STRATO Mercata.

Indemnity

You expressly agree that you assume all risks in connection with your access and use of any of our Products. To the extent permitted by applicable law, you acknowledge and expressly agree to release, defend, indemnify, and hold us and the STRATO Mercata Parties harmless from and against all claims, damages, obligations, losses, penalties, actions, liabilities, judgments, costs or debt, and expenses (including but not limited to attorneys' fees), disbursements or any actions of any kind of injury (including death) arising out of or relating to: (i) your use of and access to any of our Products; (ii) your violation of any term of this Agreement and any STRATO Mercata Product Terms of Use; (iii) digital assets associated with your Ethereum address; (iv) your violation of any law, rule, or regulation, or right of any third-party; (v) any other party's access and use of any of our Products with your assistance or using any device or account that you own or control; (vi) any dispute between you and (a) any other user of any of the Products or (b) any of your own customers or users; (vii) any feedback or user content you provide to us concerning our Products; or (viii) your misappropriation or infringement of the rights of any other entity or person.

If you are a California resident, you waive the benefits and protections of California Civil Code ยง 1542, which provides: "[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

If you are obligated to indemnify any STRATO Mercata Party, we will provide notice to you of any such claim, suit, or proceeding. We or, at our discretion, the applicable STRATO Mercata Party, will have the right, at our sole discretion, to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting our defense of such matter. You may not settle or compromise any claim against any STRATO Mercata Party without our written consent.

Further, if any regulatory inquiry, legal action, litigation, dispute, or investigation related to you, your account or any related account arises (collectively referred to "Legal Action"), you agree to indemnify us for actual, reasonable legal costs and expenses directly related to the Legal Action, including attorney fees and costs.

Governing Law

No matter where you're located, the laws of the British Virgin Islands will govern this Agreement and these Terms and our relationship as if you entered into this Agreement in the British Virgin Islands, without regard to conflicts of laws rules. You further agree that each of our Products shall be deemed to be based solely in British Virgin Islands, and that although a product may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the British Virgin Islands. The parties acknowledge that this Agreement evidences interstate commerce. If any provisions of this Agreement is inconsistent with any applicable law, those provisions will be superseded or modified only to the extent such provisions are inconsistent. You agree to submit to the courts of the British Virgin Islands for exclusive jurisdiction of any dispute arising out of or related to your use of the Products or your breach of these Terms. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action. Additionally, you agree that the British Virgin Islands are the proper forum for any appeals of an arbitration award or for court proceedings in the event that this Agreement's binding arbitration clause is found to be unenforceable.

Note to International Users

STRATO Mercata is hosted in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal information collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Services, which is governed by US law, you are transferring your Personal Information to the United States and you consent to that transfer. Additionally, by participating in our blockchain and providing your Personal Information to our blockchain, you consent to your Personal Information being processed for the duration of the blockchain.

No Legal, Tax, Investment, or Financial Advice

STRATO Mercata does not provide legal, tax, investment, or financial advice to you.

One or more of our Products may not be available or appropriate for use in your jurisdiction. By accessing or using any of our Products, you agree that you are solely and entirely responsible for compliance with all applicable laws and regulations that may apply to you. With regards to taxes, your use of our Products may result in various tax consequences, including, but not limited to, income or capital gains tax, value-added tax, goods and services tax, or sales tax. You are responsible for determining whether taxes apply to any transactions you initiate or receive and, if so, to report and/or remit the correct tax to the appropriate tax authority.

All information provided in connection with your access and use of the Site and the Services is for informational purposes only and should not be construed as investment advice or a recommendation that a particular token is a safe or sound investment. You are responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal finances, objectives, and risk tolerance. The Terms are not intended to, and do not, create or impose any fiduciary duties on us. You are solely responsible for determining if you need to consult with qualified professionals in your own jurisdiction prior to using the Products, the Protocol, or determining whether a transaction on STRATO Mercata is appropriate for you and your objectives.

This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.

Suspension, Termination, and Cancellation

We reserve the right to suspend or terminate your access to use the Products without providing you with notice or reason. In the event of suspension, termination, and cancellations, your right to use the Services will immediately cease; however, your obligations under this Agreement will continue. We will not be liable for any losses suffered by you resulting from suspension, termination, or cancellation, for any reason, of your access to all or any portion of the Products.

Suspension will occur if we, in our sole discretion, suspect that you and/or your account is in violation of the provisions of this Agreement or applicable laws. Suspension shall also occur if we are: (i) required to do so by a regulatory authority, court order, facially valid subpoena, or binding order of a government authority; (ii) the account is, or is related to any account that is, subject to any pending litigation, investigation, or governmental proceeding; (iii) the account has a negative balance for any reason; (iv) we believe someone is attempting to gain unauthorized access to the account; (v) we believe there is unusual activity in the account; (vi) we believe your account was used to send or receive a ransomware payment; and (vii) the account is being accessed from a jurisdiction where we do not offer the use of our Products.

If your account has been suspended, you will be notified when accessing the Products. We may, in our sole discretion, give written notice that your account has been suspended and may, in our sole discretion, disclose the reasons for suspension, if permitted to do so by law.

Rewards

In connection with your historic or current use of one or more of our Products, we may provide you certain incentives, prizes or rewards for completing certain activities, such as staking your assets ("Rewards"). The criteria for earning a reward will be described within the applicable Product. Upon satisfaction of the criteria, to be determined exclusively by STRATO Mercata, for obtaining a reward and subject to your compliance with the associated rewards terms, this Agreement, and applicable law, we will use commercially reasonable efforts to promptly transfer the earned reward to the digital wallet that you designate or have connected to the applicable Product. We reserve the right to change, modify, discontinue or cancel any rewards programs (including the frequency and criteria for earning such Rewards), at any time and without notice to you.

No Waiver

Any right or remedy of STRATO Mercata set forth in this Agreement is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under applicable law, at law, or in equity. Our failure or delay in insisting upon or enforcing strict performance by you of any provision of this Agreement or exercising any right, power, or privileged under this Agreement shall not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in that or any other instance.

Severability

If it turns out that any part of this Agreement is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary to accomplish the objectives of the term to the greatest extent possible. The limitation or elimination of the term will not affect any other terms, all of which shall remain in full force and effect.

Survival

You understand and agree that all provisions of this Agreement, which by their nature extend beyond the termination or expiration of this Agreement, including, but not limited to, sections pertaining to suspension, cancellation, debts owed to STRATO Mercata, investigations, remedies for breach, termination, general use of the Products, disputes with STRATO Mercata, and general provisions, shall survive the termination or expiration of this Agreement.

Notices

You agree that we may provide notices to you under this Agreement using commercially reasonable means, including using public communication channels. Notices we provide using public communication channels will be effective upon posting.

Limitation on Claims, Dispute Resolution, Arbitration & Waiver of Class Action and Jury Trial

Any claim arising out of or related to these Terms or the Products must be brought to our attention within one (1) year from the date that such claim first arose; otherwise, this claim is permanently barred, which means that both you and STRATO Mercata will not have the right to assert the claim. If a potential dispute arises, you must contact us by sending an email to [email protected] so that we can attempt to resolve it without resorting to formal dispute resolution. We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If we are unable to reach an informal resolution within sixty days of your email, then you and we both agree to resolve the potential dispute according to the process set forth below.

Agreement to Arbitrate. You agree and understand that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Products, any communications you receive, any products sold or distributed through the Products, or the Agreement and prior versions of the Agreement (each a "Dispute") shall be resolved solely and exclusively by binding arbitration, rather than in court, except that you and STRATO Mercata may seek equitable relief in court for infringement or other misuse of intellectual property. That means you cannot sue us in court or have a trial by jury. You agree to keep any arbitration proceedings, judgments, and awards, including, but not limited to, all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein, strictly confidential. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

Format for Arbitration. The parties agree that: (i) any arbitration will occur in the British Virgin Islands unless you and we both agree to hold it elsewhere; and (ii) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS in accordance with JAMS' Streamlined Arbitration Rules and Procedures then in effect, in the English language, and with limited discovery.

If mutually agreed to, hearings may be conducted in person, by telephone, or remotely by way of video conference administered by JAMS and conducted in English and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal.

Other Provisions. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEY'S FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION.

Jury Trial Waiver. You and STRATO Mercata hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and STRATO Mercata are instead electing that all disputes shall be resolved by arbitration as provided above. Court review of an arbitration award is subject to very limited review. Discovery may be limited in arbitration, and procedures are more streamlined than in court. If for any reason a claim by law or equity must proceed in court rather than in arbitration, you agree to waive any right to a jury trial and agree that any claim may be brought only in the British Virgin Islands.

Waiver of Class Action. THE PARTIES WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING. ALL DISPUTES AGAINST US BY YOU MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR MEMBER OF ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.

Force Majeure

We shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, nuclear or natural disaster, epidemic, action or inaction of civil or military authorities, sabotage, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

Assignment

You agree that we may assign any or all of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms, without notice or obtaining your consent or approval. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third-party without our express prior written consent, including by operation of law or in connection with any change of control. This Agreement shall be binding and inure to the benefit of the parties hereto, our successors, and permitted assigns.

Relationship of Parties

You agree and understand that nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind, and the rights and obligations of the parties shall be limited to those expressly set forth herein.

Entire Agreement

This Agreement and the Privacy Policy, together with any product specific Terms of Use you enter into in connection with using a particular STRATO Mercata Product, sets forth the entire understanding and agreement as to the subject matter hereof and supersedes all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of this Agreement) and every nature between us. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.

Questions or Comments

We welcome comments, questions, concerns, or suggestions. Please send us a message at [email protected].

We know that Terms can be long. Thanks for making it to the end!