1.1 Use of the Services

To use the Services, you must have the legal capacity to enter into the Agreement. By using the Services, you affirm and represent that you meet this eligibility criteria. If you do not meet these requirements, you must refrain from accessing or using the Site or the Services.

1.2 Updates to Services and the Terms

We reserve the right to update the Services, the Agreement, and/or any part of the Terms at any time.

By continuing to use the Services, including accessing the Site, after any part of the Agreement is updated and in effect, you are bound by the Terms. We hold the right to modify or discontinue all or any part of the Services, including access through third-party links, at any time without liability to you. If you have any inquiries regarding your use of the Services, you can reach us at www.shiga.io.

2.1 Blockchain Transactions are Traceable

Blockchains, including blockchain-based transactions, are designed to be transparent. Your public key and wallet address, which are necessary for buying or selling items on the blockchain, are visible to anyone. If your public key or wallet address can be linked to your identity, someone could potentially determine your identity and the crypto-currency assets you possess.

2.2 Blockchain Transactions May Incur Fees

It's important to note that blockchain transactions often incur associated fees. These fees, known as gas fees, are transaction fees paid for every transaction that takes place on the chosen blockchain network. Please be aware that gas fees are non-refundable. We do not offer services for users to handle, store, or receive payments for crypto-currency assets, nor do we charge any fees for transactions, the Services, or the Site.

3.1 Disclaimer:

Exclusion of Liability for Third-Party Services or Links We do not assume responsibility for the content or services provided by any third party. We make no representations regarding the accuracy or content of any third-party services or materials. Your use and access to any third-party products or services, including those accessed through our Services, are undertaken at your own risk.

By using the Services, you agree to the automated collection and disbursement of proceeds through smart contracts. You acknowledge and accept that all transactions conducted through the Services will be automatically processed by one or more blockchain-based smart contracts. By engaging in transactions using the Services, you acknowledge and consent to the automatic processing of all transactions in connection with the Services. Furthermore, you acknowledge and agree that the specific smart contract governing a transaction will determine the distribution of funds and ownership of crypto assets.

You acknowledge the risks associated with using the Services. You are solely responsible for evaluating the Services before using them, and all transactions accessed through the Services are irreversible, final, and non-refundable. The Services may be disabled, disrupted, or negatively impacted due to cyber-attacks, high activity levels, computer viruses, technical challenges, or other factors. We do not have an ongoing obligation to notify you of all potential risks associated with using and accessing our Services. By accepting these risks, you agree not to hold any Shiga Indemnified Party accountable for any resulting losses.

3.2 Wallet Security: Your Sole Responsibility

You acknowledge and agree that you bear sole responsibility for ensuring the security of your wallet. Any unauthorized access to your wallet by third parties may lead to the loss or theft of crypto assets or funds held in your account and any related accounts.

You understand and agree that we are not involved in managing or maintaining the security of your wallet, and you will not hold us responsible for such matters. Furthermore, you understand and agree that we are not accountable for any unauthorized access to your wallet. It is your responsibility to actively monitor the security of your wallet.

3.3 Access Restriction to Our Services

You acknowledge and agree that we have the right to restrict your access to the Services using any technically available methods if, in our sole discretion, we suspect any of the following:

• You are using the Services for money laundering or engaging in any illegal activity.
• You have been involved in fraudulent activity.
• You have obtained crypto assets using inappropriate methods, including the use of stolen funds.
• You are the target of sanctions imposed by authorities such as the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), the United Nations Security Council, the European Union, Her Majesty's Treasury, or any other applicable legal or regulatory authority.
• You, as an individual or entity, or your wallet address, appear on the Specially Designated Nationals and Blocked Persons List (SDN List), Consolidated Sanctions List (Non-SDN Lists), or any other sanctions lists administered by OFAC.
• You are located, organized, or resident in a country or territory that is subject to sanctions, including but not limited to Côte d'Ivoire, Cuba, Belarus, Iran, Iraq, Liberia, North Korea, Sudan, and Syria.
• You have violated any provisions outlined in these Terms. If we have a reasonable suspicion that you are utilizing the Site for illegal purposes, we reserve the right to take appropriate action as deemed necessary.

3.4 Quality or Accessibility of Services

• As a condition for accessing or using the Services or the Site, you acknowledge and understand that there may be occasions when the Site and the Services are inaccessible or non-functional due to various reasons. These reasons may include equipment malfunctions, periodic maintenance procedures or repairs, causes beyond our control or unforeseeable circumstances, disruptions or temporary/permanent unavailability of underlying blockchain infrastructure, or unavailability of third-party service providers or external partners.
• You acknowledge and agree that when accessing and using the Services, including the Site, you do so at your own risk. It is important to consider your circumstances and financial resources before engaging in blockchain-based transactions. By utilizing the Services, you confirm that you are solely responsible for conducting your thorough due diligence regarding the risks associated with a transaction, as well as the underlying smart contracts and crypto assets involved.

4.1 Tax Duty and Responsibility

Users are solely responsible for fulfilling their tax obligations, including the payment of any taxes, duties, and assessments imposed by governmental authorities, both currently and in the future, related to their use of the Services. This responsibility also extends to any taxes or obligations resulting from the use and exploitation of crypto assets and interactions with smart contracts. It should be noted that the tax treatment of blockchain-based transactions is uncertain due to their novelty.

5.1 Service Usage License

Subject to your continued compliance with the Agreement, we provide you with a personal, worldwide, revocable, non-exclusive, and non- transferable license to use the software that is made available to you as part of our Services. This license is granted solely to allow you to use and benefit from the Services in accordance with the provisions outlined in these Terms.

5.2 Service Ownership: All Rights Reserved

We retain all rights, title, and interest in and to the Services, which includes copyrights to any content, code, data, or other materials that you may access or use through the Services. However, please note that the code for the Shiga Protocol and the front-end interface (www.shiga.io) deployed on IPFS are open-source. Except as explicitly stated here, your use or access to the Services does not confer any ownership or other rights to you.

5.3 Feedback Usage and Sharing

Any comments, bug reports, ideas, or other feedback that you voluntarily provide about our Services, including suggestions for improvements, are considered non-confidential and non-proprietary. You agree that we have the freedom to utilize or choose not to use, any feedback received from you as we deem appropriate. This includes the ability to copy and share such feedback with third parties, without any obligation to you.

6.1 Restrictions

To use the Services, you must comply with this Agreement, including these Terms, any applicable third-party policies, and all relevant laws, rules, regulations, and guidance. The following activities are strictly prohibited:

• Using the Services for illegal purposes, such as money laundering, financing terrorism, tax evasion, or buying/selling illegal drugs, contraband, counterfeit goods, or illegal weapons.
• Exploiting the Services for any unauthorized commercial activities.
• Uploading or transmitting viruses, worms, Trojan horses, malware, or any other malicious code that may disrupt the functionality or operation of the Services.
• Unauthorized copying or use of all or any part of the Services, including attempts to reverse compile, reformat, disassemble, or reverse engineer any aspect of the Services.
• Harvesting or collecting information from the Services for unauthorized purposes.
• Using the Services under false or fraudulent pretenses or engaging in deceptive behaviour.
• Interfering with other users' access to or use of the Services.
• Interfering with or circumventing the security features of the Services or any third-party systems, networks, or resources used in providing the Services.
• Engaging in attacks, hacks, denial-of-service attacks, interference, or exploits of smart contracts in connection with the Services. Note that even if a smart contract technically permits certain operations, engaging in such operations may still violate our Agreement, including these Terms, and the law.
• Engaging in anticompetitive behaviour or any other form of misconduct.

By using the Services, you agree not to engage in any of the aforementioned prohibited activities.

6.2 Violating our rules

You agree and acknowledge that if you use the Services to engage in conduct that is prohibited by applicable law, we have the right to fully or partially restrict or revoke your access to the Services. This action may be taken at our sole discretion and can be temporary or permanent in nature. We also reserve the right to amend, rectify, edit, or otherwise modify transaction data as necessary to address any harm or damage caused by a user's violation of this Agreement or applicable law. These measures are implemented to protect both us and other individuals affected by such violations.

6.3 Our Right to Investigate any Violations

We retain the right to investigate and take legal action in response to any suspected breaches of this Agreement, including the Terms. To comply with applicable laws, regulations, legal processes, or governmental requests, we may disclose any necessary information.

7.1 No Representations or Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SHIGA INDEMNIFIED PARTIES, INCLUDING US AND OUR PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS, MAKE NO GUARANTEES OF ANY KIND REGARDING THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SHIGA INDEMNIFIED PARTIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. THE SHIGA INDEMNIFIED PARTIES ALSO DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE FOLLOWING:

• THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, UNINTERRUPTED AVAILABILITY, TIMELINESS, SECURITY, OR ERROR-FREE NATURE OF THE SERVICES. INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING THE VALUE OR OUTCOME OF ANY TRANSACTION, IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND SHOULD NOT BE SOLELY RELIED UPON FOR MAKING DECISIONS. ANY RELIANCE ON THE SERVICES IS AT YOUR OWN RISK.
• INJURY OR DAMAGE RESULTING FROM THE USE OF THE SERVICES. FOR INSTANCE, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES MAY CONTAIN AUDIO-VISUAL EFFECTS, STROBE LIGHTS, OR OTHER MATERIALS THAT MAY AFFECT YOUR PHYSICAL SENSES AND/OR CONDITION. FURTHERMORE, YOU ACKNOWLEDGE THAT THE SHIGA INDEMNIFIED PARTIES ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANOTHER USER'S CONDUCT, UNAUTHORIZED ACTORS, OR UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES.
• VIRUSES, WORMS, TROJAN HORSES, TIME BOMBS, CANCEL BOTS, SPIDERS, MALWARE, OR ANY OTHER TYPE OF MALICIOUS CODE THAT MAY BE USED TO AFFECT THE FUNCTIONALITY OR OPERATION OF THE SERVICES.

7.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE SHIGA INDEMNIFIED PARTIES SHALL BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES. THIS INCLUDES DAMAGES RESULTING FROM SYSTEM FAILURE OR MALFUNCTION, LOSS OF PROFITS, DATA, USE, BUSINESS, GOODWILL, OR OTHER INTANGIBLE LOSSES. SUCH LIABILITY SHALL ARISE OUT OF OR BE CONNECTED TO:

• THE SERVICES OR YOUR INABILITY TO USE OR ACCESS THE SERVICES.
• MISUSE OF THE SERVICES, INCLUDING UNAUTHORIZED ACCESS TO THE SERVICES.
• ANY USER CONDUCT ON THE SERVICES.
• TERMINATION, SUSPENSION, OR RESTRICTION OF ACCESS TO ANY OF THE SERVICES.

FURTHERMORE, NO SHIGA INDEMNIFIED PARTY SHALL BE LIABLE FOR ANY DAMAGES CAUSED IN WHOLE OR IN PART BY:

• USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUCTED SMART CONTRACTS OR TRANSACTIONS.
• SERVER FAILURE OR DATA LOSS.
• MALFUNCTIONS, UNEXPECTED FUNCTIONS, OR UNINTENDED FUNCTIONS OF THE BLOCKCHAIN, ANY COMPUTER, OR CRYPTO ASSET NETWORK (INCLUDING WALLET PROVIDERS). THIS INCLUDES LOSSES ASSOCIATED WITH NETWORK FORKS, REPLAY ATTACKS, DOUBLE-SPEND ATTACKS, SYBIL ATTACKS, 51% ATTACKS, GOVERNANCE DISPUTES, MINING DIFFICULTY, CHANGES IN CRYPTOGRAPHY OR CONSENSUS RULES, HACKING, OR CYBERSECURITY BREACHES.
• CHANGES IN THE VALUE OF ANY CRYPTO ASSET.
• CHANGES IN LAW, REGULATION, OR POLICY.
• EVENTS OF FORCE MAJEURE. (G) ANY THIRD PARTY.

9.1 Amicable Settlement

• In the event of a dispute arising between you and Shiga relating to the agreement or the Services, the Party in dispute shall notify the Party immediately in writing.
• The Party receiving such notice shall have thirty (30) days to respond to the notice.
• Within sixty (60) days after the aggrieved party sent the initial notice, the parties shall meet and confer in good faith by videoconference, or by telephone, to try to resolve the dispute.
• The Parties shall have ninety (90) days after the aggrieved Party sent the initial notice to resolve the dispute amicably.
• If the Parties fail to settle such difference or dispute by amicable agreement, either Party may submit the dispute to Arbitration as set forth below.

9.2 Arbitration

• Both Parties shall bear the cost equally.
• The Party receiving such notice shall have thirty (30) days to respond to the notice.
• The dispute shall be resolved through binding arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution.
• The seat of arbitration shall be decided upon by Shiga.
• The language of the arbitration shall be English.
• The arbitrator(s) shall have experience adjudicating matters involving Internet technology, software applications, financial transactions, and, ideally, blockchain technology.
• The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” subsection of these Terms as to the types and amounts of damages for which a party may be held liable.
• The prevailing party will be entitled to an award of their reasonable attorney’s fees and costs. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties.

This Agreement is effective unless and until terminated by either you or us. You may terminate your Agreement with us at any time by ceasing all access to the site or the services. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement (including without limitation any provision of these Terms), we reserve the right to terminate our Agreement with you and deny you access to the services. We further reserve the right to restrict your access to the site or to stop providing you with all or a part of the services at any time and for no reason, including, without limitation, if we reasonably believe;

• Your use of the services exposes us to risk or liability.
• You are using the services for unlawful purposes; or
• It is not commercially viable to continue providing you with our services.
• All of these are in addition to any other rights and remedies that may be available to us, whether in equity or at law, all of which we expressly reserve.