Terms of Service

These Terms of Service (the "Agreement") explain the terms and conditions by which you may access and use the Products provided by Ascnt Labs, Inc. (referred to in this Agreement as "we", "our" or "us"). The Products include (a) the website-hosted user interface located at https://app.ascnt.fi (the "Interface") and (b) any other products and services that link to this Agreement (together with the Interface, the "Products"). Our Privacy Policy and Disclosures are incorporated into this Agreement by reference. You must read this Agreement carefully, as it governs your use of the Products. By accessing or using any of the Products, 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 authorised to access or use any of the Products and should not do so.

To access or use any of the Products, 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 (for example, 18 years old in the United States) and have the full right, power and authority to enter into and comply with this Agreement on behalf of yourself and any company or other legal entity for which you may access or use the Products. If you are entering into this Agreement on behalf of an entity, you represent that you have the legal authority to bind that 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 Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury ("OFAC"); (b) a citizen or resident of, located in, or organised in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide or regional economic sanctions by the United States; or (c) acting on behalf of, or for the benefit of, any person described in (a) or (b). You represent that no digital wallet you connect to the Products is owned or controlled by any such person.

Finally, you represent that your access to and use of the Products will fully comply with all applicable laws and regulations, and that you will not access or use any of the Products 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 AFFECT YOUR RIGHTS AS TO HOW DISPUTES ARE RESOLVED. THE PRODUCTS ARE ONLY AVAILABLE TO YOU — AND YOU SHOULD ONLY ACCESS THEM — IF YOU AGREE COMPLETELY WITH THESE TERMS.

1. Our Products

1.1 The Interface

The Interface provides a web-based means of viewing, creating and managing concentrated liquidity positions in liquidity pools on the Uniswap v4 protocol (the "Uniswap Protocol"), principally pools that use the Ascnt Protocol. The "Ascnt Protocol" or "Protocol" means the smart contracts we developed and deployed that extend the Uniswap Protocol: the hook contracts that attach to Uniswap Protocol pools (the "Ascnt Hooks"), the factory that deploys them, and the governance contract and timelock through which the governance functions described in Section 1.2 are exercised. The Interface reads publicly available blockchain and indexer data, presents it, and helps you construct transactions that your own wallet may then sign and broadcast.

The Interface is distinct from the Protocol and from the Uniswap Protocol, and is one, but not the exclusive, means of accessing either of them. The Protocol and the Uniswap Protocol each consist of self-executing smart contracts deployed on public blockchains under open-source or source-available licences, and neither is a Product. We did not create and do not own, operate or control the Uniswap Protocol. We developed and deployed the Protocol, but its contracts cannot be changed by anyone after deployment, they never hold your digital assets, and the only functions we retain over them are the governance functions described in Section 1.2. The liquidity in every pool accessible through the Interface is held by the Uniswap Protocol’s pool manager contract, not by us and not by the Protocol. By using the Interface, you understand that you are not buying or selling digital assets from us, that we do not hold or manage the liquidity in any pool, and that we do not control the execution of any transaction on either protocol. When traders pay fees for swaps in a pool, those fees accrue to the liquidity providers in that pool, subject to any share that the pool’s hook, Ascnt governance or Uniswap governance is permitted to apply, as described in our Disclosures. Liquidity providers are independent third parties.

To access the Interface, you must use non-custodial wallet software, which allows you to interact with public blockchains. Your relationship with that wallet provider is governed by its own terms of service. We do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents. By connecting your wallet to the Interface, you agree to be bound by this Agreement and all of the terms incorporated into it by reference.

The Protocol and the Uniswap Protocol remain accessible independently of the Interface. If the Interface is unavailable to you for any reason, including under Section 2.2, you can continue to interact with the underlying smart contracts directly or through any other means.

1.2 The Ascnt Hooks

The Uniswap Protocol allows a pool to attach a "hook" — a smart contract that runs at defined points in the pool’s lifecycle and can adjust its behaviour, including the fee it charges. Certain pools accessible through the Interface use the Ascnt Hooks, which we developed and deployed and which set each pool’s swap fee dynamically in response to market conditions. The Interface identifies which pools use an Ascnt Hook.

Once deployed, an Ascnt Hook is self-executing software on a public blockchain, and its code cannot be changed by anyone, including us. Your assets are never held by an Ascnt Hook or by any other contract of the Protocol: the liquidity in every pool sits in the Uniswap Protocol’s pool manager contract, and a position is a token issued to your wallet by the Uniswap Protocol’s position manager. An Ascnt Hook is a pass-through. It runs at defined points in a swap to set that swap’s fee and, where the fee share described in our Disclosures is enabled, to take it, and at defined points in a liquidity change to enforce the deposit pause and the withdrawal lock described below. It cannot withdraw a liquidity position it does not own, and nothing in the Protocol can freeze, move or reverse your position, other than the withdrawal lock. Anyone may swap in, add liquidity to (unless new deposits are paused) or withdraw from a pool that uses an Ascnt Hook. Creating a new pool with an Ascnt Hook is reserved to the multi-signature wallet and the pool-deployment wallet we operate, both identified in our Disclosures.

The Protocol’s governance functions are pausing new deposits into pools that use a hook, setting the fee share, and creating and configuring new pools. They are exercised through on-chain governance contracts controlled by a multi-signature wallet we operate (the "Ascnt Safe"), and may in future be held by a different governance body. A pause takes effect as soon as the Ascnt Safe signs. A change to the fee share, to the address that receives it, or to the ownership of the governance contract must first be scheduled on a public timelock contract, currently with a seven-day delay, during which the pending change is visible on-chain; anyone may execute it once the delay has passed. None of these functions acts on withdrawal. An Ascnt Hook may also enforce a withdrawal lock of a fixed number of blocks after each addition of liquidity to a position. The Ascnt Hooks, their permissions, the governance functions, the withdrawal lock and their risks are described in more detail in our Disclosures.

1.3 Other Products

We may from time to time offer additional products or services. Any such product or service that links to this Agreement is a Product for the purposes of this Agreement, whether or not it is specifically described here.

1.4 Third-Party Services and Content

The Products rely on, integrate with, or link to services, sites, technology, data and content provided by third parties (each a "Third-Party Service"), including blockchain node and remote-procedure-call providers, indexers, token lists, price and market-data feeds, and wallet software and wallet-connection services. Your use of a Third-Party Service may be subject to that provider’s own terms and privacy policy, and you agree to comply with them.

We do not control Third-Party Services, we do not independently verify what they return, and we are not responsible for their accuracy, availability, reliability, completeness or conduct. We make Third-Party Services available as a convenience, and their integration does not imply an endorsement or recommendation. You, and not we, are responsible for any costs associated with your use of a Third-Party Service, and any dealings you have with a third party while using the Products are between you and that third party.

Token metadata — names, symbols and logos — comes from public token lists and can be misleading or deliberately deceptive: anyone can create a token, including counterfeit versions of existing tokens. The appearance of a token or pool on the Interface is not a representation about its legitimacy, its value or the conduct of its issuer. Verify contract addresses yourself.

2. Modifications of this Agreement or our Products

2.1 Modifications of this Agreement

We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any material modification, we will notify you by updating the version number and effective date at the top of this Agreement, by maintaining the current version at https://app.ascnt.fi/terms, and by asking you to accept the modified Agreement before you next transact through the Interface. Modifications are effective when posted, and your continued access to or use of any of the Products after that will serve as confirmation of your acceptance of them. If you do not agree with any modification, you must immediately stop accessing and using the Products.

2.2 Modifications of our Products

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 Products; (b) to review, modify, filter, disable, delete or remove any content or information from any of the Products; and (c) to restrict or refuse access to the Products by any person, wallet address or network address, at our sole discretion and without notice, including where we believe it necessary to comply with law or to protect the Products or their users.

Because we never hold your assets, nothing in this Section is designed to affect your ability to access or withdraw them. Any position you hold exists in a smart contract and remains under your control regardless of your access to the Products.

3. Intellectual Property Rights

3.1 IP Rights Generally

We own all intellectual property and other rights in each of the Products and their contents, including software, text, images, trademarks, service marks, copyrights, designs and "look and feel". Subject to this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable licence to access and use the Products solely in accordance with this Agreement. You agree that you will not use, modify, distribute, tamper with, reverse engineer, disassemble or decompile any of the Products for any purpose other than as expressly permitted by this Agreement. Except as set out in this Agreement, we grant you no rights in any of the Products, including any intellectual property rights.

You understand and acknowledge that neither the Protocol nor the Uniswap Protocol is a Product. We do not control the Uniswap Protocol; the Protocol’s contracts cannot be changed after deployment, and the functions we retain over them are the governance functions described in Section 1.2. Smart contracts and other source code that we publish under an open-source or source-available licence, including the Protocol, are governed by that licence and not by this Section; nothing here restricts a right granted to you by an applicable licence.

If you provide us with any feedback, suggestions, ideas or other content relating to the Products, you grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully paid, royalty-free licence, with the right to sublicense, to use, copy, modify and create derivative works from it for any purpose, without obligation to you.

3.2 DMCA Complaints

We will process and investigate notices of alleged infringement and will take appropriate action under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement by content made available through the Products. Send a notification of alleged copyright or trademark infringement to legal@ascnt.fi. Your notice must include: (a) the physical or electronic signature of the intellectual property owner or an authorised agent; (b) identification of the work claimed to have been infringed; (c) identification of the infringing material, with information reasonably sufficient for us to locate it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorised by the owner, its agent or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorised to act on behalf of the owner. If you believe content of yours was removed in error, you may submit a written counter-notice to the same address.

3.3 Third-Party Resources and Promotions

The Products may contain references or links to third-party resources, including information, materials, products or services, that we do not own or control. In addition, third parties may offer promotions related to your access to and use of the Products. We do not approve, monitor, endorse, warrant or assume any responsibility for any such resources or promotions. If you access any such resource or participate in any such promotion, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third party. You expressly relieve us of any and all liability arising from your use of any such resource or participation in any such promotion.

3.4 Additional Rights

We reserve the right to cooperate with any law enforcement, court or government investigation or order, or any third party requesting or directing that we disclose information or content that you provide.

4. Your Responsibilities

4.1 Prohibited Activity

You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access to and use of the Products:

• Intellectual property infringement. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy or other proprietary or intellectual property right under the law.
• Cyberattack. Activity that seeks to interfere with or compromise the integrity, security or proper functioning of any computer, server, network, personal device or other information technology system, including the deployment of viruses and denial-of-service attacks.
• Fraud and misrepresentation. Activity that seeks to defraud us or any other person or entity, including providing any false, inaccurate or misleading information in order to unlawfully obtain the property of another.
• Market manipulation. Activity that violates any applicable law, rule or regulation concerning the integrity of trading markets, including the manipulative tactics commonly known as "rug pulls", pumping and dumping, and wash trading.
• Securities and derivatives violations. Activity that violates any applicable law, rule or regulation concerning the trading of securities or derivatives, including the unregistered offering of securities and the offering of leveraged and margined commodity products to retail customers in the United States.
• Sanctions, money laundering and terrorist financing. Activity that violates any applicable sanctions, anti-money-laundering or counter-terrorist-financing law, or that seeks to conceal or disguise the proceeds of criminal activity.
• Circumventing or bypassing restrictions. Activity that seeks to circumvent any access restriction we apply to the Products, including geographic restrictions and wallet screening, or any access or transfer restriction imposed on a token by its issuer.
• Sale of stolen property. Buying, selling or transferring stolen items, fraudulently obtained items, items taken without authorisation, or any other illegally obtained items.
• Data mining or scraping. Activity that involves data mining, robots, scraping or similar data-gathering or extraction methods on content or information from any of the Products, other than as permitted by our robots.txt.
• Any other unlawful conduct. Activity that violates any applicable law, rule or regulation of the United States or another relevant jurisdiction, including the restrictions and regulatory requirements imposed by U.S. law.

4.2 Transactions

You agree and understand that: (a) every transaction you submit through the Products is unsolicited, meaning that it is solely initiated by you; (b) you have not received any investment advice from us in connection with any transaction; (c) we do not conduct a suitability review of any transaction you submit; and (d) what your wallet displays when you sign is authoritative — what the Interface displays is a convenience and may be wrong, so you must verify every transaction before you sign it. Analytics, statistics, fee and yield figures, annualised rates, performance metrics, rankings, charts and any suggested or implied price range shown on the Interface are estimates derived from historical or live data, are not predictions, and carry no assurance about future results.

4.3 Non-Custodial and No Fiduciary Duties

Each of the Products is a purely non-custodial application, meaning that we never have custody, possession or control of your digital assets at any time. You are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold, and you should never share your wallet credentials or seed phrase with anyone. We accept no responsibility for, or liability to you in connection with, your use of a wallet, and we make no representations or warranties regarding how any of the Products will operate with any specific wallet. You are solely responsible for any associated wallet, and we are not liable for any acts or omissions by you in connection with, or as a result of, your wallet being compromised.

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, they are hereby irrevocably disclaimed, waived and eliminated. You further agree that the only duties and obligations we owe you are those set out expressly in this Agreement.

4.4 Compliance and Tax Obligations

One or more of the Products, or certain digital assets or pools accessible through them, may not be available or appropriate for use in your jurisdiction. The availability of a pool or digital asset through the Products does not mean that we have determined that you are eligible to acquire, hold, transfer or transact in it, or that doing so would be lawful in your jurisdiction. By accessing or using the Products, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you, including any transfer or trading restrictions, licensing requirements, or jurisdictional restrictions imposed on or applicable to any digital assets you transact in, whether or not those restrictions are technically enforced by the relevant asset, smart contract or protocol.

We restrict access to the Products from jurisdictions subject to comprehensive U.S. sanctions using internet-protocol geolocation, and we screen connected wallet addresses against OFAC’s Specially Designated Nationals and Blocked Persons List, as described in our Privacy Policy. These are reasonable measures, and their existence does not shift onto us any responsibility for your compliance.

Your use of the Products, the Protocol or the Uniswap Protocol 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 transaction you initiate or receive and, if so, to report and/or remit the correct tax to the appropriate tax authority. We do not provide tax advice or tax reporting.

4.5 Gas Fees

Blockchain transactions require the payment of transaction fees to the appropriate network ("Gas Fees"). You will be solely responsible for paying the Gas Fees for any transaction that you initiate via any of the Products, whether or not the transaction succeeds.

4.6 Release of Claims

You expressly agree that you assume all risks in connection with your access to and use of any of the Products. You further expressly waive and release us from any and all liability, claims, causes of action or damages arising from or in any way relating to your use of any of the Products. If you are a California resident, you waive the benefits and protections of California Civil Code § 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."

5. Disclaimers

5.1 Assumption of Risk — Generally

BY ACCESSING AND USING ANY OF THE PRODUCTS OR ANY THIRD-PARTY SERVICE, YOU REPRESENT THAT YOU ARE FINANCIALLY AND TECHNICALLY SOPHISTICATED ENOUGH TO 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 SUCH AS ETHER (ETH), STABLECOINS AND OTHER DIGITAL TOKENS SUCH AS THOSE FOLLOWING THE ETHEREUM TOKEN STANDARD (ERC-20), AND OF AUTOMATED MARKET MAKERS AND CONCENTRATED LIQUIDITY PROVISION.

IN PARTICULAR, YOU UNDERSTAND THAT THE MARKETS FOR DIGITAL ASSETS ARE NASCENT AND HIGHLY VOLATILE DUE TO RISK FACTORS INCLUDING, BUT NOT LIMITED TO, ADOPTION, SPECULATION, TECHNOLOGY, SECURITY AND REGULATION. YOU UNDERSTAND THAT ANYONE CAN CREATE A TOKEN, INCLUDING FAKE VERSIONS OF EXISTING TOKENS AND TOKENS THAT FALSELY CLAIM TO REPRESENT PROJECTS, AND YOU ACKNOWLEDGE AND ACCEPT THE RISK THAT YOU MAY MISTAKENLY TRANSACT IN THOSE OR OTHER TOKENS. SO-CALLED STABLECOINS MAY NOT BE AS STABLE AS THEY PURPORT TO BE, MAY NOT BE FULLY OR ADEQUATELY COLLATERALISED, AND MAY BE SUBJECT TO PANICS AND RUNS.

CERTAIN ASSETS THAT MAY BE AVAILABLE THROUGH THE PRODUCTS (INCLUDING TOKENISED STOCKS, ETFS OR PHYSICAL COMMODITIES) ARE TOKENISED REPRESENTATIONS OF REAL-WORLD ASSETS. THESE ASSETS MAY BE SUBJECT TO ADDITIONAL TERMS, CONDITIONS OR RESTRICTIONS IMPOSED BY THEIR ISSUERS, INCLUDING RESTRICTIONS ON WHO MAY HOLD OR TRANSFER THEM. BY ACCESSING AND USING ANY OF THE PRODUCTS OR ANY THIRD-PARTY SERVICE, YOU REPRESENT THAT YOU HAVE REVIEWED THE INFORMATION ABOUT THESE ASSETS PROVIDED BY THEIR ISSUERS AND THAT YOU COMPLY WITH ANY RESTRICTIONS ON HOLDING, TRANSFERRING OR PROVIDING LIQUIDITY IN THEM.

CERTAIN ASSETS AND POOLS MAY NOT BE AVAILABLE IN ALL LOCATIONS. BY ACCESSING AND USING ANY OF THE PRODUCTS OR ANY THIRD-PARTY SERVICE, YOU REPRESENT THAT YOU ARE ELIGIBLE TO HOLD AND TRANSACT IN THESE ASSETS UNDER THE LAWS OF YOUR JURISDICTION.

IF YOU ACT AS A LIQUIDITY PROVIDER TO A POOL THROUGH THE INTERFACE, YOU UNDERSTAND THAT YOUR DIGITAL ASSETS MAY LOSE SOME OR ALL OF THEIR VALUE WHILE THEY ARE SUPPLIED TO A POOL DUE TO THE FLUCTUATION OF PRICES OF TOKENS IN A LIQUIDITY POOL. YOU UNDERSTAND THAT A LIQUIDITY POSITION CAN BE WORTH LESS THAN SIMPLY HOLDING THE SAME ASSETS, EVEN WHILE IT EARNS FEES ("IMPERMANENT LOSS"); THAT A CONCENTRATED POSITION EARNS NOTHING WHILE THE POOL PRICE IS OUTSIDE ITS RANGE, AND CONVERTS ENTIRELY INTO THE ASSET THAT HAS FALLEN IN VALUE WHEN THE PRICE PASSES THROUGH IT; THAT NOTHING CLOSES OR PROTECTS A POSITION FOR YOU; AND THAT THE FEE A DYNAMIC-FEE POOL CHARGES, AND THEREFORE WHAT YOU EARN, IS DETERMINED BY ITS HOOK AT THE TIME OF EACH SWAP AND CAN CHANGE WITHOUT NOTICE. HISTORICAL FEE INCOME IS NOT AN INDICATION OF FUTURE FEE INCOME.

FURTHER, YOU UNDERSTAND THAT SMART CONTRACT TRANSACTIONS AUTOMATICALLY EXECUTE AND SETTLE, AND THAT BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE WHEN CONFIRMED. YOU ACKNOWLEDGE AND ACCEPT THAT THE COST AND SPEED OF TRANSACTING WITH CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS SUCH AS ETHEREUM ARE VARIABLE AND MAY INCREASE DRAMATICALLY AT ANY TIME; THAT YOUR PENDING TRANSACTIONS ARE VISIBLE AND MAY BE FRONT-RUN, BACK-RUN OR OTHERWISE EXPLOITED BY OTHERS; AND THAT THE PROTOCOL, THE UNISWAP PROTOCOL AND THE INTERFACE MAY CONTAIN DEFECTS OR VULNERABILITIES, WHETHER OR NOT AUDITED, THAT COULD RESULT IN THE LOSS OF ALL ASSETS IN AN AFFECTED POOL. YOU FURTHER ACKNOWLEDGE AND ACCEPT THE RISK OF SELECTING A CUSTOM SLIPPAGE TOLERANCE OR TRANSACTION DEADLINE, WHICH CAN EXPOSE YOU TO POTENTIALLY SIGNIFICANT PRICE SLIPPAGE AND HIGHER COSTS.

IN SUMMARY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY OF THESE VARIABLES OR RISKS, DO NOT OWN OR CONTROL THE UNISWAP PROTOCOL, CANNOT CHANGE THE PROTOCOL’S CONTRACTS ONCE DEPLOYED, AND CANNOT BE HELD LIABLE FOR ANY RESULTING LOSSES THAT YOU EXPERIENCE WHILE ACCESSING OR USING ANY OF THE PRODUCTS. ACCORDINGLY, YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE INTERFACE TO INTERACT WITH THE PROTOCOL AND THE UNISWAP PROTOCOL. THESE RISKS ARE DESCRIBED IN MORE DETAIL IN OUR DISCLOSURES, WHICH FORM PART OF THIS AGREEMENT.

5.2 No Warranties

EACH OF THE PRODUCTS AND ANY THIRD-PARTY SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND ANY PROVIDER OF A THIRD-PARTY SERVICE DISCLAIM ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF EACH OF THE PRODUCTS IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO ANY OF THE PRODUCTS OR ANY THIRD-PARTY SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY OR SECURE; THAT THE INFORMATION CONTAINED IN ANY OF THE PRODUCTS WILL BE ACCURATE, RELIABLE, COMPLETE OR CURRENT; OR THAT ANY OF THE PRODUCTS OR ANY THIRD-PARTY SERVICE WILL BE FREE FROM ERRORS, DEFECTS, VIRUSES OR OTHER HARMFUL ELEMENTS. NO ADVICE, INFORMATION OR STATEMENT THAT WE MAKE SHOULD BE TREATED AS CREATING ANY WARRANTY CONCERNING ANY OF THE PRODUCTS OR ANY THIRD-PARTY SERVICE. WE DO NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS OR STATEMENTS MADE BY THIRD PARTIES CONCERNING ANY OF THE PRODUCTS OR ANY THIRD-PARTY SERVICE. WE DO NOT REPRESENT OR WARRANT THAT ANY DIGITAL ASSET OR POOL ACCESSIBLE THROUGH THE PRODUCTS IS AVAILABLE FOR TRADING OR HOLDING IN YOUR JURISDICTION, OR THAT YOU ARE PERMITTED TO ACQUIRE, HOLD OR TRANSACT IN ANY SUCH DIGITAL ASSET UNDER APPLICABLE LAW.

SIMILARLY, THE PROTOCOL AND THE UNISWAP PROTOCOL ARE PROVIDED "AS IS", AT YOUR OWN RISK, AND WITHOUT WARRANTIES OF ANY KIND. WE DO NOT PROVIDE, OWN OR CONTROL THE UNISWAP PROTOCOL, WHICH RUNS AUTONOMOUSLY BY SMART CONTRACTS DEPLOYED ON PUBLIC BLOCKCHAINS. ALTHOUGH WE DEVELOPED AND DEPLOYED THE PROTOCOL, ONCE DEPLOYED ITS CONTRACTS CANNOT BE CHANGED BY ANYONE, INCLUDING US; YOUR ASSETS ARE HELD BY THE UNISWAP PROTOCOL AND NEVER BY THE PROTOCOL; AND THE ONLY GOVERNANCE FUNCTIONS THAT EXIST ARE THOSE DESCRIBED IN SECTION 1.2, EXERCISED THROUGH ON-CHAIN GOVERNANCE CONTRACTS CONTROLLED BY THE ASCNT SAFE, WITH FEE CHANGES SUBJECT TO A PUBLIC TIMELOCK, AND POSSIBLY IN FUTURE BY A DIFFERENT GOVERNANCE BODY. WE MAKE NO REPRESENTATION AS TO THE SECURITY OR CORRECTNESS OF ANY SMART CONTRACT, AUDITED OR NOT. NO DEVELOPER OR ENTITY INVOLVED IN CREATING THE PROTOCOL OR THE UNISWAP PROTOCOL WILL BE LIABLE FOR ANY CLAIMS OR DAMAGES WHATSOEVER ASSOCIATED WITH YOUR USE OF, INABILITY TO USE, OR INTERACTION WITH OTHER USERS OF, EITHER PROTOCOL, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, CRYPTOCURRENCIES, TOKENS OR ANYTHING ELSE OF VALUE.

ANY PAYMENTS OR FINANCIAL TRANSACTIONS THAT YOU ENGAGE IN WILL BE PROCESSED VIA AUTOMATED SMART CONTRACTS. ONCE EXECUTED, WE HAVE NO CONTROL OVER THESE TRANSACTIONS, NOR DO WE HAVE THE ABILITY TO REVERSE THEM.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. In that case, such warranties are limited to the minimum period and extent permitted by law.

5.3 No Investment Advice

WE MAY PROVIDE INFORMATION ABOUT TOKENS, POOLS AND POSITIONS IN THE PRODUCTS, INCLUDING INFORMATION SOURCED FROM THIRD-PARTY DATA PARTNERS, AND WE MAY LABEL CERTAIN POOLS OR HOOKS (FOR EXAMPLE, AS PAUSED OR UNSUPPORTED). THE PROVISION OF INFORMATIONAL MATERIALS DOES NOT MAKE TRANSACTIONS IN THOSE POOLS SOLICITED; WE ARE NOT ATTEMPTING TO INDUCE YOU TO MAKE ANY TRANSACTION AS A RESULT OF INFORMATION PROVIDED. ALL SUCH INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS INVESTMENT ADVICE OR AS A RECOMMENDATION THAT A PARTICULAR POOL, TOKEN OR STRATEGY IS A SAFE OR SOUND INVESTMENT. THE PRESENCE, ORDERING, RANKING OR PROMINENCE OF ANY POOL ON THE INTERFACE, INCLUDING POOLS THAT USE THE ASCNT HOOKS, IS NOT AN ENDORSEMENT OF IT. YOU SHOULD NOT TAKE, OR REFRAIN FROM TAKING, ANY ACTION BASED ON ANY INFORMATION CONTAINED IN ANY OF THE PRODUCTS. YOU ALONE ARE RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY OR RELATED TRANSACTION IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES AND RISK TOLERANCE, AND YOU SHOULD CONSULT YOUR OWN ADVISERS.

6. Indemnification

You agree to hold harmless, release, defend and indemnify Ascnt Labs, Inc., our affiliates, and our and our affiliates’ respective officers, directors, employees, contractors, agents, service providers, licensors and representatives (collectively, the "Ascnt Labs Parties") from and against all claims, damages, obligations, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising from or relating to: (a) your access to and use of any of the Products or any Third-Party Service; (b) your violation of any term or condition of this Agreement, the rights of any third party, or any other applicable law, rule or regulation; (c) any other party’s access to and use of any of the Products or any Third-Party Service with your assistance or using any device, wallet or account that you own or control; and (d) any dispute between you and (i) any other user of any of the Products or any Third-Party Service, or (ii) any of your own customers or users. We will provide notice to you of any such claim, suit or proceeding. We reserve the right to assume the exclusive defence and control of any matter that is subject to indemnification under this Section, and you agree to cooperate with any reasonable requests assisting our defence of such matter. You may not settle or compromise any claim against any Ascnt Labs Party without our written consent.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE, ANY ASCNT LABS PARTY OR ANY THIRD-PARTY SERVICE BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, DIGITAL ASSETS OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, ANY OF THE PRODUCTS OR ANY THIRD-PARTY SERVICE, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORISED ACCESS TO OR USE OF ANY OF THE PRODUCTS, ANY THIRD-PARTY SERVICE OR THE INFORMATION CONTAINED WITHIN THEM, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORISED OR UNAUTHORISED USE OF ANY OF THE PRODUCTS OR ANY THIRD-PARTY SERVICE, EVEN IF AN AUTHORISED REPRESENTATIVE OF ASCNT LABS, INC. HAS BEEN ADVISED OF, OR KNEW OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS TO OR USE OF THE INTERFACE; (C) UNAUTHORISED ACCESS TO OR USE OF ANY SECURE SERVER OR DATABASE IN OUR CONTROL, OR THE USE OF ANY INFORMATION OR DATA STORED THEREIN; (D) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO ANY OF THE PRODUCTS OR ANY THIRD-PARTY SERVICE; (E) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE INTERFACE; (F) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, ANY CONTENT MADE AVAILABLE THROUGH ANY OF THE PRODUCTS OR ANY THIRD-PARTY SERVICE; AND (G) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

WE HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES THAT MAY ARISE AS A RESULT OF ANY PAYMENTS OR TRANSACTIONS THAT YOU ENGAGE IN VIA ANY OF THE PRODUCTS OR ANY THIRD-PARTY SERVICE. NEITHER WE NOR ANY PROVIDER OF A THIRD-PARTY SERVICE MAKES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, ABOUT LINKED THIRD-PARTY SERVICES, THE THIRD PARTIES THAT OWN AND OPERATE THEM, THE INFORMATION CONTAINED ON THEM, THE 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, WEBSITES, APPLICATIONS OR RESOURCES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00 USD), OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION, AND (B) THE AMOUNT YOU PAID US, IF ANY, FOR ACCESS TO THE PRODUCTS IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

The foregoing disclaimer will not apply to the extent prohibited by law. These limitations reflect a reasonable allocation of risk that forms an essential basis of the bargain between us, and apply even if a limited remedy fails of its essential purpose. Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited, including for fraud.

8. Governing Law, Dispute Resolution and Class Action Waivers

8.1 Governing Law

You agree that the laws of the State of Delaware, without regard to principles of conflict of laws, govern this Agreement and any Dispute between you and us. You further agree that each of the Products shall be deemed to be based solely in the State of Delaware, 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 State of Delaware. The parties acknowledge that this Agreement evidences interstate commerce. Any arbitration conducted pursuant to this Agreement shall be governed by the Federal Arbitration Act. You agree that the federal and state courts located in Wilmington, Delaware are the proper forum for any appeal of an arbitration award, and for court proceedings in the event that the binding arbitration clause in this Agreement is found to be unenforceable or you have opted out of it under Section 8.4. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

8.2 Dispute Resolution

We will use our best efforts to resolve any potential dispute through informal, good-faith negotiation. If a potential dispute arises, you must contact us by sending an email to legal@ascnt.fi describing the dispute and the relief you seek, so that we can attempt to resolve it without resorting to formal dispute resolution. If we are not able to reach an informal resolution within sixty (60) days of your email, then you and we both agree to resolve the potential dispute according to the process set out below. This step is a condition precedent to commencing arbitration.

Any claim or controversy arising out of or relating to any of the Products, this Agreement, or any other act or omission for which you may contend that we are liable, including, but not limited to, any claim or controversy as to arbitrability (a "Dispute"), shall be finally and exclusively settled by arbitration administered by JAMS under its Optional Expedited Arbitration Procedures or, where those are unavailable, its rules then in effect. You understand that you are required to resolve all Disputes by binding arbitration. The arbitration shall be held on a confidential basis before a single arbitrator, who shall be selected pursuant to JAMS’s rules, including where applicable its Mass Arbitration Procedures and Guidelines. The arbitration will be held in Wilmington, Delaware, unless you and we both agree to hold it elsewhere or the arbitrator permits it to be conducted remotely. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 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 any such claim may be brought only in a federal or state court located in Wilmington, Delaware.

Either of us may bring an individual claim in small-claims court, and either of us may seek injunctive or other equitable relief in court to protect intellectual property or to prevent unauthorised access to the Products. Any claim must be brought within one (1) year after it accrues, or it is permanently barred, except where a longer period is required by law.

8.3 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.

The enforceability of this class-action waiver is for a court, not the arbitrator, to decide. If it is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in the courts identified in Section 8.1, and the rest of this Section 8 will continue to apply to all other claims.

8.4 Your Right to Opt Out of Arbitration

You may opt out of the arbitration agreement in Section 8.2 and the class-action waiver in Section 8.3 by sending written notice to legal@ascnt.fi within thirty (30) days of first accepting this Agreement, stating your name, the wallet address you connected, and your intent to opt out. Opting out does not affect any other part of this Agreement, and we will not retaliate against you for it. If you opt out, Disputes will be resolved in the courts identified in Section 8.1.

8.5 California Users

If you are a consumer residing in California and use the Products primarily for personal, family or household purposes, the arbitration terms are modified as follows: (1) any claim arising in California will be arbitrated or adjudicated within the State of California and under California substantive law; (2) if your claim qualifies for small-claims court, you will be offered the option to resolve it there instead of arbitration; and (3) arbitration proceedings will allow depositions and discovery subject to arbitrator approval, in line with California Code of Civil Procedure § 1283.05.

9. Miscellaneous

9.1 Entire Agreement

This Agreement, together with the Privacy Policy and Disclosures incorporated into it, constitutes the entire agreement between you and us with respect to its subject matter, and supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to that subject matter.

9.2 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, including in connection with a merger, acquisition or sale of assets. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

9.3 Not Registered with the SEC or Any Other Agency

We are not registered with the U.S. Securities and Exchange Commission as a national securities exchange, broker-dealer, investment adviser or in any other capacity, nor with the U.S. Commodity Futures Trading Commission, nor with the Financial Crimes Enforcement Network as a money services business. You understand and acknowledge that we do not broker transactions on your behalf, and that we do not facilitate the execution or settlement of your transactions, which occur entirely on public blockchains. Any figure a Product describes as an estimate, a rate, a return or a benchmark is not a representation or warranty about pricing, performance or execution available through that Product, on the Protocol, on the Uniswap Protocol or elsewhere.

9.4 Notice

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

9.5 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 applicable law, and the validity or enforceability of any other provision of this Agreement shall not be affected.

9.6 General

• No waiver. Our failure to enforce any provision of this Agreement is not a waiver of it.
• No third-party beneficiaries. Except for the Ascnt Labs Parties named in Section 6, this Agreement creates no rights in any third party.
• Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including network failure, blockchain congestion or fork, cyberattack, act of government, or act of God.
• Survival. Sections 3, 4.3, 4.6, 5, 6, 7, 8 and 9 survive any termination of this Agreement or of your access to the Products.
• Headings and summaries. Section headings and the plain-English summary at the top of this Agreement are for convenience only and do not affect its interpretation.

9.7 Contact

Ascnt Labs, Inc., 2525 Arapahoe Ave, Ste E4 #1069, Boulder, CO 80302, United States. Legal and general enquiries: legal@ascnt.fi. Sanctions or access-restriction questions: compliance@ascnt.fi. Privacy requests: privacy@ascnt.fi.