Terms of Service

Handshake Labs P.C. (“Handshake Labs”, the “Company”, “we”, “us”, “our”) is a software development company that provides Handshake Wallet and related content to you (“you” or “User”) through its website and platform https://handshake.money and its subdomains, including but not limited to https://app.handshake.money (collectively, the “Site”), and our iOS and Android applications (collectively, the “Apps”), subject to these Terms of Service (as amended from time to time, the “Terms” or the “Agreement”). The Site and Apps and our provision of thereof services through the same are collectively referred to herein as our “Services”.

You must read this Agreement carefully as it governs your use of the Services. By accessing or using any of the Services, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use any of our Services and should not use our Services.

To access or use any of our Services, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction (e.g., 18 years old in the United States) and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Services. If you are entering into this Agreement on behalf of an entity, you represent to us that you have the legal authority to bind such entity.

You further represent that you are not (a) 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) or (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States. Finally, you represent that your access and use of any of our Services will fully comply with all applicable laws and regulations, and that you will not access or use any of our Services to conduct, promote, or otherwise facilitate any illegal activity.

NOTICE: This Agreement contains important information, including a binding arbitration provision and a class action waiver, both of which impact your rights as to how disputes are resolved. Our Services are only available to you — and you should only access any of our Products — if you agree completely with these terms.

1. Description of our Services

Handshake Labs offers proprietary software through our Site and Apps that enables users to understand, track, and collect digital assets, including, but not limited to, fungible tokens (“Tokens”) and non-fungible tokens (“NFTs”, and together with Tokens, “Digital Assets”). Additionally, our Apps enable users to create a unhosted (self-custodial) wallet (“Handshake Wallet” or “Wallet”) to:

• store and manage their Tokens and NFTs on their own devices,
• link/connect to third-party decentralized applications, including, without limitation, decentralized exchanges (collectively “Third-Party Dapp(s)” or "Dapp(s)");
• from the Apps user interface, swap assets on a peer-to-peer basis via third-party Dapps ("Router");
• view addresses and information that are part of digital asset networks, such as Arbitrum, Base, Binance Smart Chain, Blast, Ethereum, Polygon, and so on.

Handshake Labs is a software development company. Handshake Labs is not a broker, financial institution, or creditor, nor is it a dealer or arranger, nor does it operate a Digital Asset exchange platform or offer trade execution or clearing services and, therefore, has no oversight, involvement, or control concerning the transactions you choose to conduct via the Services. All transactions between users of our Services are executed peer-to-peer directly between the users' wallet addresses through smart contracts.

You understand that Handshake Labs and the Router are not registered or licensed by the CFTC, SEC, or any other financial regulatory authority (whether in the United States or elsewhere). No financial regulatory authority has reviewed or approved the use of our software that comprises the Site and the Apps. The Site and the Apps do not constitute advice or a recommendation concerning any commodity, security, or other Digital Asset or instrument. Handshake Labs is not acting as an investment manager, adviser, arranger, introducer or commodity trading adviser to any person or entity.

You specifically acknowledge and agree that, if you use the Services to purchase a Digital Asset through a Third-Party Dapp, the platform or third-party seller originally offering such Digital Asset (the “Original Party”) shall be an intended third-party beneficiary of these Terms with respect to any such purchase. You agree that Handshake Labs shall not be a party to or have any responsibility or liability for, arising out of, relating to, associated with or resulting from any disputes between you and any Original Party of a Digital Asset in respect of such Digital Asset or such Digital Asset being considered an investment contract or any intellectual property or other rights embodied thereby or included therewith.

You bear full responsibility for verifying the identity, legitimacy, and authenticity of Digital Assets you purchase through the Services or any claims made by any Original Party of such Digital Assets. Notwithstanding anything set forth herein or through the Services, Handshake Labs makes no claims about the identity, legitimacy, or authenticity of Digital Assets that you may purchase through the Services, or any claims made by any Original Party of such Digital Assets.

2. Privacy Policy / Protection of Customer Data

We offer certain Services that may involve the processing of personal data about visitors and/or Users (“Personal Data”) in the course of the use of the Site and the Apps (“Covered Data”). Personal Data, for the purpose of this Section, excludes any User Content. Our Privacy Policy is a part of these Terms. Please review the Privacy Policy, hereby incorporated by reference (https://handshake.money/privacy), which also governs the Services and informs Users of our data collection practices.

Consent Statement: it should be expressly stated that by accepting these Terms, the User agrees to the use of his/her data in accordance with our Privacy Policy.

3. Third-Party Services

Our Services may contain links to Third-Party Services (including, without limitation, Dapps), and may leverage or plug into such Third-Party Services to enable certain features, such as the Router. When using a Dapp, the Router or other Third-Party Service, you understand that you are at no time transferring your assets or private keys to us. We provide the Services and access to the Router and other Third-Party Services only as a convenience, do not have control over their content, and do not warrant or endorse, and are not responsible for the availability or legitimacy of, the content, products or functionality made accessible via the Router or by those Third Parties (including any related website, resources or links displayed therein). We make no warranties or representations, express or implied, about the Router or such linked Third-Party Services, the third parties they are owned and operated by, the information contained on them or the suitability of their products or services. You acknowledge sole responsibility for and assume all risk arising from your use of the Services including any third-party website, applications, or resources.

You may be able to link your Wallet to your accounts on third-party platforms, sites and services, to enable access to such accounts from your Wallet. In doing so, you understand and agree that all transactions made when accessing such accounts from your Wallet are subject to these Terms and to the terms of use, privacy policies, and other terms, conditions and policies imposed by the providers of such third-party sites, services and platforms.

4. Modifications of these Terms or our Services

4.1 Modifications of these Terms

We reserve the right, in our sole discretion, to modify these Terms from time to time. If we make any material modifications, we will notify you by updating the date at the top of the Terms and by maintaining a current version of the Terms at https://handshake.money/terms. All modifications will be effective when they are posted, and your continued accessing or use of any of the Services will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to these Terms, you must immediately stop accessing and using all of our Services.

4.2 Modifications of our Services

We reserve the following rights, which do not constitute obligations of ours: (a) with or without notice to you, to modify, substitute, eliminate or add to any of the Services; (b) to review, modify, filter, disable, delete and remove any and all content and information from any of the Services.

5. User Account and Security

You are responsible for maintaining the confidentiality and security of your account, if any, Handshake Wallet, other Wallet connected to the Services while being used in connection therewith (collectively, your “Account”), and are fully responsible for any and all activities that occur under your Account. You agree to:

• immediately notify Handshake Labs of any unauthorized use of your Account and / or any other breach of security, and
• ensure that you exit from and / or disconnect, as applicable, your Account at the end of each session when accessing the Services. Handshake Labs will not be liable for any loss or damage arising from your failure to comply with this Section.

You may only use your Account for personal, non-commercial purposes. In creating an Account, you agree to provide complete and accurate information. You may not impersonate someone else (e.g., adopt the identity of a celebrity or a friend), create or use an Account for anyone other than yourself, provide an email address other than your own, or create multiple Accounts.

By creating an Account, you agree to receive communications we send in connection with the Services. For example, you may receive occasional updates about Promotions (defined below) and other events. Such communications may be sent in-app or by email, text message, social media or other means. So long as you have an Account on the Services, we reserve the right to communicate with you for any lawful purpose, including important administrative issues relating to your Account (including technical, security-related, privacy and functional issues).

We reserve the right to suspend or terminate your Account if you provide inaccurate, untrue, or incomplete information, or if you fail to comply with the Account registration requirements or these Terms (as each may be modified from time to time). Your access to and use of the Services may be suspended at any time, for any reason, in our sole and absolute discretion, without incurring liability of any kind to you as a result of such suspension or termination.

You acknowledge and understand that, in certain circumstances, such as if you lose access to any of the Apps, you will need to use the private key to access any Digital Asset stored in your wallet (the "Private Key"). You are solely responsible for the retention and security of your Private Key. Your Private Key is the only way to restore access to the Digital Assets stored in your Wallet if you lose access to your Wallet. Anyone who knows your Private Key can access, transfer or spend your Digital Assets. If you lose your Private Key, you may not be able to access or manage your Digital Assets.

You acknowledge and agree that Handshake Labs does not store and is not responsible in any way for the security of your Private Key and you agree to hold Handshake Labs, its affiliates, representatives, agents and personnel harmless and that no such party shall be liable in any way in the event you lose your Private Key and cannot access or manage your Digital Assets. You bear sole responsibility for any loss of your Digital Assets due to failure to retain and/or secure your Private Key.

6. Apple and Google Terms

6.1 Apple Terms

The following applies to an App you download through the Apple App Store (the “Apple Application”):

You acknowledge and agree that these Terms are solely between you and Handshake Labs, not Apple Inc. or any of its affiliates (collectively, “Apple”) and that Apple has no responsibility for the Apple Application or content thereof. Your use of the Apple Application must comply with the then-current App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Application. In the event of any failure of the Apple Application to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the Apple Application to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Handshake Labs as provider of the Services.

You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple Application or your possession and/or use of the Apple Application, including, but not limited to:

• product liability claims,
• any claim that the Apple Application fails to conform to any applicable legal or regulatory requirement, and
• claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Handshake Labs as provider of the Services.

You acknowledge that, in the event of any third-party claim that the Apple Application or your possession and use of that Apple Application infringes that third party’s intellectual property rights, Handshake Labs, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

You and Handshake Labs acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as they relate to your license of the Apple Application, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as they relate to your license of the Apple Application against you as a third-party beneficiary thereof.

6.2 Google Terms

The following applies to an App you download through the Google Play Store (the “Android Application”):

You acknowledge that these Terms are between you and Handshake Labs only, and not with Google LLC or any of its affiliates (collectively, “Google”).

You acknowledge that your use of the Android Application must comply with Google’s then-current Google Play Store Terms of Service.

You acknowledge that Google is only a provider of the Google Play Store where you obtained the Android Application.

You acknowledge that Handshake Labs, and not Google, is solely responsible for its Android Application.

You acknowledge that Google has no obligation or liability to you with respect to Android Application or these Terms.

You acknowledge and agree that Google is a third-party beneficiary to these Terms as they relate to the Android Application.

7. Rewards and Promotions

Handshake Labs may provide you and/or other users of the Services special prizes, incentives, or other rewards as determined by Handshake Labs in its sole discretion (“Rewards”). Handshake Labs does not make any representation or guarantee that you will receive any Rewards or achieve any particular outcome as a result of such Rewards.

From time to time, Handshake Labs may offer or allow you to participate in promotions, giveaways, contests or sweepstakes (each, a “Promotion”) through the Services. Participation in any Promotion is subject to the official rules governing that Promotion, as determined by Handshake Labs in its sole discretion. Handshake Labs may announce rules in connection with any Promotion, but regardless of whether specific rules are announced, all such opportunities will be controlled by these Terms, unless explicitly superseded by Promotion-specific rules. Certain Promotions may be subject to separate terms and conditions which shall govern your participation therein. Handshake Labs will post these Promotion terms and conditions conspicuously on the Services as we deem appropriate at our discretion. Should you choose to participate in any of our Promotions, you agree that in order to grant you Rewards we may require additional information from you, including, without limitation, personally identifiable information that we may use to report Rewards issued to applicable governmental authorities as required (such as for tax purposes). Our collection, use, and disclosure of such personally identifiable information shall at all times be subject to the terms and conditions of our Privacy Policy.

Handshake Labs does not make any representations or warranties that any User will receive any Rewards or achieve any particular outcome. Handshake Labs reserves the right, in our sole discretion, to restrict, limit, or deny any Promotions or Rewards to any User for any reason, at any time.

Rewards and Promotions are not intended to be an endorsement of any product, service, project, creator, Digital Asset, individual or any other thing, and Handshake Labs makes no recommendations and provides no investment advice in connection with any Rewards or Promotions.

8. Fees

You may be charged fees for access to some or part of the Services you use, including fees charged on token swaps that you execute on Dapps by accessing such Dapps via the Router. Those fees may change at any time without notice. The amount of fees applicable to the Services is always available on the Site.

You may incur charges from third parties for use of Third-Party Services. For example, you may be charged fees via the Dapps that you may access via the App, including via the Router. Under no circumstances shall Handshake Labs incur any liability, of any kind, to you arising from or relating to fees charged to you by such Third Parties or for Third-Party Services linked to or accessed through the Site or the Apps.

9. Taxes

You are responsible for any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, associated with your use of the Services or Rewards.

Specifically, your use of our Services may result in various tax consequences, such as income or capital gains tax, value-added tax, goods and services tax, or sales tax in certain jurisdictions.

It is your responsibility to determine 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.

10. Content Ownership, Responsibility, and Removal

“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Services, such as ratings, reviews, compliments, invitations, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that Users submit or transmit to, through, or in connection with the Services. “Handshake Content” means Content that we create and make available in connection with the Services. “Third-Party Content” means Content that originates from parties other than Handshake Labs or Users, which is made available in connection with the Services. “Services Content” means all of the Content that is made available in connection with the Apps, including Your Content, User Content, Third-Party Content, and Services Content.

You retain all of your ownership rights in Your Content. However, we may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms and any other media channel now known or hereafter discovered or developed (“Other Media”); which use may occur while you are a User or anytime thereafter.

Your Content may be made public without any additional notice to or consent by you and you should assume that any person may read Your Content. Even if Your Content is removed from the Services, Handshake Labs may retain Your Content in backups indefinitely and Your Content may be cached in search engine indices after removal, which Handshake Labs has no control over such caching. By submitting Your Content to Handshake Labs, you hereby grant Handshake Labs a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any Other Media. You also hereby grant each User of the Services a non-exclusive license to access Your Content through the Services, and to use, reproduce, distribute, display and perform such Content solely as permitted through the functionality of the Services. You irrevocably waive, and cause to be waived, against Handshake Labs and Users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, prepare derivative works and otherwise exploit Your Content.

As between you and us, we own the Handshake Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Services Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Services excluding Your Content, User Content and Third-Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Handshake Content and the Services, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, alter, copy, duplicate, reproduce, distribute, publish, create derivative works or adaptations of, publicly display or in any way exploit any of the Handshake Content or the Third-Party Content in whole or in part except as expressly authorized by us.

11. Information Accuracy

Although we intend to provide accurate and timely information through our Services, the Site and App may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site or Apps are your sole responsibility and we shall have no liability for such decisions. Information provided by third parties, including historical price and supply data for digital assets, is for informational purposes only and Handshake Labs makes no representations or warranties to its accuracy. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by Handshake Labs. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Services.

12. Intellectual Property Rights

You acknowledge and agree that the Services may contain Service Content that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Handshake Labs, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, create derivative works based on, or otherwise exploit the Services or the Services Content, in whole or in part. Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited.

Handshake Lab’s name and logos are trademarks and service marks of Handshake Labs (collectively the “Handshake Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Handshake Labs. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Handshake Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Handshake Trademarks will inure to our exclusive benefit.

13. Acceptable Use and Enforcement Rights

As a condition to using the Services, you agree not to use the Site or Apps in ways that:

• Violate, misappropriate, or infringe the rights of Handshake Labs, its licensors, our users, or others, including privacy, publicity, intellectual property, or other rights;
• Are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful or racially or ethnically offensive, or that instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes;
• Involve falsehoods, misrepresentations, or misleading statements, including impersonating someone;
• Involve sending illegal or impermissible communications such as bulk messaging, auto- messaging, auto-dialing, and the like;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party to protect the Services or Content;
• Disguise your location through IP proxying or other methods;
• Interfere with, or attempt to interfere with, the access to the Services of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Circumvent any content-filtering techniques, security measures or access controls that Handshake Labs employs on the Site or the Apps in any manner;
• Could interfere with, disrupt, negatively affect or inhibit other users from enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
• Violate any applicable law or regulation, including, without limitation any applicable anti-money laundering, anti-proliferation and anti-terrorism financing laws and sanctions programs;
• Encourage or enable any other individual to do any of the foregoing.

By using the Services, you further represent, warrant and covenant that:

• Any Digital Assets you transfer using the Services have been legally obtained by, and belong to, you;
• You will not provide any false, inaccurate or misleading information while using the Services, or engage in any activity that operates to defraud Handshake Labs, other users of the Services, or any other person or entity;
• You will not use the 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;
• Any Digital Assets you use in connection with the Services are either owned by you or you are validly authorized to carry out actions using such assets; and
• You will pay all fees necessary for interacting with the respective blockchain network with which the Services are compatible, including "gas" costs, as well as all fees charged by us for your use of the Services.

Although we have no obligation to monitor any User Content, we have absolute discretion to remove User Content at any time and for any reason without notice. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.

14. Termination / Cancellation Policy

We may terminate this Agreement and/or your access to and use of the Services, in our sole discretion, at any time and without notice to you. You may cancel your Account, if you have one, at any time by removing the Apps and ceasing any and all use of the Services and/or Content. Upon any termination, discontinuation or cancellation of this Agreement, the Services or your Account, (a) all rights and/or licenses granted to you under these Terms shall immediately cease and terminate and you shall forthwith cease the use of and/or access to the Site, Apps, and Content in any way whatsoever; and (b) notwithstanding the foregoing, the following provisions will survive: Content Ownership, Responsibility, and Removal, Termination/Cancellation Policy, Disclaimer of Warranties, Indemnification, Limitation of Liability, Governing Law, Dispute Resolution, and Class Action Waivers, and Miscellaneous.

15. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES OR ANY OF THE MATERIALS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE AVAILABILITY OR FUNCTIONALITY OF THE BLOCKCHAIN NETWORKS, OR THAT BLOCKCHAIN NETWORKS WILL OPERATE FREE FROM INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS THAT MAY DELAY, HINDER OR PREVENT THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO OR ON ANY NETWORK. THE DURATION OF ANY IMPLIED WARRANTY THAT IS NOT EFFECTIVELY DISCLAIMED WILL BE LIMITED TO THE LONGER OF (A) THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE THE APPLICABLE SERVICE AND (B) THE SHORTEST PERIOD ALLOWED UNDER APPLICABLE LAW.

USE OF ANY PRIVATE KEY STORAGE SERVICE INCLUDED AS PART OF THE SERVICES IS OFFERED TO YOU AS A CONVENIENCE, SUBJECT TO THE LIMITATIONS ABOVE. TO BE SAFE, YOU SHOULD ALWAYS BACK UP YOUR PRIVATE ACCESS KEY VIA SECONDARY MEANS.

THE SERVICES RELY ON EMERGING TECHNOLOGIES, SUCH AS BLOCKCHAIN NETWORKS AND THIRD PARTY DECENTRALIZED EXCHANGES. SOME FUNCTIONALITY IS 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. WE SHALL NOT BE LIABLE FOR THE FAILURE OF ANY MESSAGE TO SEND TO OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM, OR FOR DIMINUTION OF VALUE OF SOLANA OR ANY OTHER DIGITAL TOKEN OR DIGITAL ASSET ON ANY BLOCKCHAIN NETWORK, AND WE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SAME.

16. No Professional Advice or Fiduciary Duties

All information provided in connection with your access and use of the Services should not and may not be construed as legal, financial or professional advice. You should not take, and should refrain from taking, any action based on any information contained on the Site or the Apps, or any other information we make available at any time, including, without limitation, blog posts, articles, links to third-party content, discord or telegram content, news feeds, tutorials, tweets and videos. Before you make any financial, legal or other decisions involving the Services or use thereof, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate. The Terms are not intended to, and do not, create or impose any fiduciary duties on us. You further agree that the only duties and obligations that we have are expressly set out in these Terms (including in the Privacy Policy).

17. Indemnification

You will indemnify, defend and hold harmless Handshake Labs and its affiliates and its and their respective officers, directors, employees, agents and representatives (the "Handshake Parties"), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of, relating to or in any way connected with (a) your access to or use of the Services or Content, (b) your User Content, (c) Third-Party Services, or (d) your violation of these Terms.

18. Limitation of Liability

THE HANDSHAKE PARTIES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE OUT OF OR IN CONNECTION WITH ANY AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HANDSHAKE LABS HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. HANDSHAKE LABS 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 THE SERVICES.

19. Acknowledgment of Certain Risks / Other Disclaimers / Release of Claims

By accessing and using the Services, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of Digital Assets. You further understand that the markets for these Digital Assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your Digital Assets, or any Digital Assets you acquire, including through a third-party exchange accessed via the Router may lose some or all of their value and you may suffer loss due to the fluctuation of prices of tokens and/or significant price slippage and cost. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. You further acknowledge that we are not responsible for any of these variables or risks and that we cannot be held liable for any resulting losses that you experience while accessing or using the Services.

The Services and your Digital Assets could be impacted by one or more government or regulatory inquiries or government or regulatory actions, which could impede or limit the ability of Handshake Labs to continue to make its proprietary software, and thus, could impede or limit your ability to continue to use the Services.

You understand and acknowledge that cryptography is a progressing field with advances in code cracking and other technical advancements, such as the development of quantum computers, which may present risks to Digital Assets and the services, and could result in the theft or loss of your Digital Assets. To the extent possible, we intend to update smart contracts developed by Handshake Labs related to the Services to account for any advances in cryptography and to incorporate additional security measures necessary to address risks presented from technological advancements, but that intention does not reflect a binding commitment and does not in any way guarantee or otherwise ensure full security of the Services.

You understand that the blockchain networks remain under development, which creates technological and security risks when using the Services in addition to uncertainty relating to Digital Assets and transactions therein. You acknowledge that the cost of transacting on any blockchain network is variable and may increase at any time, thereby impacting any activities taking place on that blockchain network, which may result in price fluctuations or increased prices for using the Services.

You acknowledge that the Services are subject to flaws and that you are solely responsible for evaluating any code provided by the Site or Apps. This warning and others Handshake Labs provides in these Terms in no way evidence or represent any on-going duty to alert you of the potential risks of utilizing the Services.

Although we intend to provide accurate and timely information on the Site and during your use of the Site and the Apps, that intention does not reflect a binding commitment, and the Site and other information available when using the Services may not be accurate, complete, error-free or current. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including, without limitation, information regarding our policies. Accordingly, you should verify all information before relying on it in any manner, and all decisions based on such information contained on the Site or made available through the Apps are your sole and absolute responsibility. No representation of any kind or nature is made as to the accuracy, completeness or appropriateness for any particular purpose of any pricing or other information distributed via the Site or Apps. Pricing information may be higher or lower than prices available on platforms providing similar services.

Any reference to a type of Digital Asset on the Site or otherwise during the use of the Services does not indicate our approval or disapproval of the technology on which the Digital Asset relies, and should not be used as a substitute for your understanding of the risks specific to each type of Digital Asset and the use and availability of any particular blockchain.

Use of the Services, in particular for trading Digital Assets, may carry financial risk. Digital Assets are, by their nature, 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 Apps at your own risk. The risk of loss in trading Digital Assets can be substantial (all the more so if you are leveraged). You should, therefore, carefully assess whether such trading is suitable and appropriate for you in light of your circumstances and financial resources. By using the Services, you represent and warrant that you have been, are, and will be solely responsible for making your independent appraisal and investigations into the risks of a given transaction and the underlying Digital Assets. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your evaluation of the merits and risks of any transaction conducted in connection with the Services or any Digital Asset. You accept all consequences of using the Services, including the risk that you may lose access to your Digital Assets indefinitely. All transaction decisions are made solely by you. 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 the Services for performing Digital Asset transactions.

20. Governing Law, Dispute Resolution, and Class Action Waivers

20.1 Governing Law

You agree that the Greek laws, without regard to principles of conflict of laws, govern this Agreement and any Dispute between you and us. You further agree that each of our Services shall be deemed to be based solely in Athens, Greece, and that although a part of a Service may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside Athens, Greece. The parties acknowledge that this Agreement evidences interstate commerce. You agree that the courts of Athens, Greece 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.

20.2 Dispute Resolution

We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email tosupport@handshake.moneyso that we can attempt to resolve it without resorting to formal dispute resolution. If we aren't able 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.

All disputes arising out of or in connection with this Agreement shall be finally settled in accordance with the arbitration rules of the International Chamber of Commerce (ICC) by one or more arbitrators appointed in accordance with the said rules, located in Paris in the Greek language.

20.3 Class Action and Jury Trial Waiver

You must bring any and all Disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury.

21. Miscellaneous

21.1 Entire Agreement

These terms constitute the entire agreement between you and us with respect to the subject matter hereof. These Terms supersede any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.

21.2 Assignment

You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement without our prior written consent shall be null and void. We may freely assign or transfer this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

21.3 Notice

We may provide any notice to you under this Agreement using commercially reasonable means, including using public communication channels. Notices we provide by using public communication channels will be effective upon posting.

21.4 Severability

If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.