Terms of Service

Chaos Labs, Inc. Terms of Service

Last Update: October 24, 2024

These Terms of Service (“Terms”) are a contract governing your use of this website and any related websites or subdomains that link to these Terms and are operated by Chaos Labs, Inc. (“us”, “we”, or “our”), its affiliates, or its agents (collectively, the “Website”). These Terms shall govern the use of this Website and applies to all users visiting the Website or using the services enabled through the Website, which may include the ability to simulate, test, and analyze blockchain protocols (collectively, our “Services”).

You must be of legal age to enter into binding contracts and have authority to agree to these Terms, and by accessing or using any part of the Services, you agree to become bound by them. Please read these Terms carefully, including the disclaimers in Section 9 below. If you don’t agree to these Terms, you may not use our Services. We reserve the right in our sole discretion to modify these Terms from time to time. We will provide you with notice of any material changes via the Services, email or other similar means. Your continued use of Services after such updates will confirm your acceptance of the changes and the revised Terms. Additionally, our privacy policy is available at https://community.chaoslabs.xyz/privacy and provides information about how we may collect, use, share and otherwise process information about you.

IMPORTANT NOTE ON ARBITRATION: PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION IN SECTION 14 BELOW, WHICH REQUIRES YOU TO RESOLVE ANY DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. YOUR AGREEMENT TO THESE TERMS INDICATES YOUR EXPRESS ACKNOWLEDGEMENT AND AGREEMENT THAT YOU HAVE READ AND UNDERSTAND HOW THE ARBITRATION PROVISION WORKS.

1. The Services. Our Services include the Website, any mobile applications and all other information, technology and services provided or otherwise made available to you at our discretion. Our Services may include simulation, testing and analytics tooling for blockchain protocols, as well the ability to access any services provided to you by us pursuant to a separate written agreement (“Enterprise Agreement” and such services, the “Enterprise Services”). In the event of a conflict between these Terms and any Enterprise Agreement, the Enterprise Agreement will govern solely to the extent of such conflict.
2. Access to the Services; Use Restrictions; No Support or Maintenance.
   1. Access. Subject to these Terms, we hereby grant you a non-assignable, non-transferable, non-sublicensable, non-exclusive, revocable, limited license to access the Services solely for your own personal, noncommercial use and at all times in accordance with these Terms.
   2. Updates. You understand that Services are evolving. You acknowledge and agree that we may update Services with or without notifying you. You may need to update third-party software from time to time in order to use Services.
   3. Restrictions. The rights provided to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive product or service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated. Additionally, the additional restrictions below apply to your use of the Services. You may not:
      1. Use the Services to cause harm or explicit loss of value to, or otherwise manipulate, another protocol based on learnings from the Services;
      2. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us;
      3. Trick, defraud or mislead us and other users of the Services, including in order to learn sensitive account information (e.g., user passwords);
      4. Circumvent, disable or otherwise interfere with the security-related features of the Services;
      5. Disparage, tarnish or otherwise harm us and/or the Services;
      6. Use any information obtained from the Services in order to harass, abuse or harm another person;
      7. Make improper use of our support services or submit false reports of abuse or misconduct;
      8. Use the Services in violation of, or in a manner otherwise inconsistent with, any applicable laws, rules or regulations;
      9. Engage in unauthorized framing of, or linking to, the Services;
      10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Services;
      11. Engage in any automated use of the Services (e.g., using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools);
      12. Delete the copyright or other proprietary rights notice from any content in the Services;
      13. Attempt to impersonate another user or person or use the username of another user of the Services;
      14. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism;
      15. Interfere with, disrupt or create an undue burden on the Services or the networks or services connected to the Services;
      16. Harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any portion of the Services to you;
      17. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services (or any portion thereof);
      18. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop or distribute any automated system, including any spider, robot, cheat utility, scraper or offline reader that accesses the Services, or use or launch any unauthorized script or other software;
      19. Use a buying agent or purchasing agent to make purchases on the Services;
      20. Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating User Accounts by automated means or under false pretenses;
      21. Use the Services to advertise or offer to sell goods and services; or
      22. Sell or otherwise transfer your profile.
   4. No Support or Maintenance. Unless otherwise agreed in writing, you agree that we have no obligation to provide you with any support or maintenance in connection with the Services.
   5. Company Communications. By entering into these Terms or using the Services, you agree to receive communications from us, including via e-mail. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your use of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, and news concerning us and industry developments.
3. Ownership.
   1. Services. Using our Services does not give you ownership of any intellectual property rights in or to our Services or the content accessed or available therein, and except for the limited license granted to you above, all rights therein (including all intellectual property rights) belong exclusively to us, our affiliates, and/or our licensors. These Terms do not grant you the right to use any trademarks, branding or logos used in our Services or otherwise without our prior written consent, including in any advertising or publicity or to imply our endorsement in any way. Please do not obscure or alter any legal notices displayed in, along with or in connection with our Services.
   2. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to us through its suggestion, feedback, wiki, discord, forum, or other pages or means (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Services and/or our business.
4. Your Account.
   1. Registration. In order to access some features of the Services, including certain Enterprise Services, you may have to register or create a user account (“User Account”). When creating your User Account, you must provide accurate, current and complete information, and you must maintain such information to keep it true, accurate, current, and complete. If we have reason to believe the information you provide is inaccurate, out-of-date or otherwise incomplete, we may in our discretion and without notice to you refuse your access to the Services and/or terminate or suspend your access at any time. Registration or subscription to the Services, and payment of any applicable fee, authorizes a single individual to use the Services unless otherwise expressly stated.
   2. Obligations. You are solely responsible for the activity that occurs on your User Account. This includes any charges that occur on your User Account, including applicable taxes, fees, surcharges and purchases made by you or anyone you allow to use your User Account, or anyone who gains access to your User Account as a result of your failure to safeguard your username, password or other authentication credentials or information. You must keep your User Account password secure and notify us immediately of any breach of security or unauthorized use thereof. We will not be liable for your losses caused by any unauthorized use of your User Account.
5. Payments. You agree to pay us any applicable fees in connection with your use of the Services. By completing and submitting any credit card or other payment authorization through the Services, you are authorizing us to charge the fees to the User Account you identify. You are required to keep all billing information, including payment method, up to date. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file. Further, you authorize and direct us to retain information about the payment method(s) associated with your User Account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. You will be responsible for accrued but unpaid charges, even if your account is canceled by you or terminated by us. During any free trial or other promotion, you are still responsible for any purchases and surcharges incurred using your account. After 30 days from the date of any unpaid charges, your fee-based Services will be deemed delinquent, and we may terminate or suspend your User Account and access to the Services for nonpayment. Such amounts may in our discretion be subject to an additional 1.5% late charge (or the highest amount allowed by law, whichever is lower) per month if your payment is more than 30 days past due, and to use any lawful means to collect any unpaid charges. You are liable for any fees, including attorneys’ and collection fees, incurred by us in our efforts to collect any remaining balances from you. Except as otherwise mutually agreed in writing, we reserve the right to change our fees with 30 days’ notice. You are responsible for all federal, state, local, sales, use, value added, excise, or other taxes, fees, or duties arising out of these Terms or your use of the Services (other than taxes based on our net income).
6. LIMITATIONS OF LIABILITY. WE WILL NOT BE RESPONSIBLE FOR LOST PROFITS, LOST REVENUES, LOSS OR CORRUPTION OF DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. TO THE FULLEST EXTENT PROVIDED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS OR IN RELATION TO THE SERVICES, INCLUDING FOR ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED (WHERE APPLICABLE), IS LIMITED TO THE GREATER OF US$100 AND THE AMOUNT YOU HAVE PAID TO US IN THE PAST 12 MONTHS. IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
   
   YOU HEREBY WAIVE ANY AND ALL CLAIMS FOR DAMAGES OR LIABILITY BEYOND THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE, INCLUDING THOSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY AND/OR ANY OTHER GROUNDS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR FOR CERTAIN BEHAVIORS (SUCH AS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), SO SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU IN ANY GIVEN SITUATION. THE PROVISIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.
7. Indemnity. You agree to indemnify, defend and hold us, our affiliates and our and their respective directors, officers, employees, agents and assigns harmless from any and all claims, actions, costs, damages, penalties, fines, demands, losses, liabilities and expenses (including attorneys’ fees and court costs) arising out of or in connection with (a) your use of, or inability to use, the Services, (b) your breach or other violation of these Terms, (c) your violation of the rights of any third party, and/or (d) your violation of any applicable laws, rules or regulations. We reserve the right to assume the exclusive defense of any of the foregoing, and you agree not to settle any of the foregoing without our prior written consent. You agree that the obligations in this paragraph will survive any termination of these Terms, your User Account or your access to our Services generally.
8. Release. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU HEREBY RELEASE US, OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION, WHATSOEVER, ARISING OUT OF OR RELATED TO ANY LOSS WHICH MAY BE SUSTAINED BY YOU WHILE USING, ARISING OUT OF, OR IN CONNECTION WITH THE USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS RELEASE IS BINDING UPON YOUR RELATIVES, SPOUSE, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, BENEFICIARIES, PARTNERS, AND ANY OTHER AFFILIATES OR INTERESTED PARTIES.
   
   To the maximum extent permissible by applicable law, you waive and relinquish any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver, including any all rights and benefits which you have or may have under California Civil Code Section 1542 or any similar law or code in your jurisdiction, which states in substance “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.” You acknowledge that the releases in these Terms are intended to be as broad and inclusive as permitted by law, and as a complete and continuous release and waiver of liability for any and all use of the Services.
9. Disclaimers.
   1. WARRANTY DISCLAIMER. WE PROVIDE OUR SERVICES “AS IS” AND “AS AVAILABLE.” OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, WE DO NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, WHETHER ABOUT THE SPECIFIC FUNCTIONS OF THE SERVICES, THEIR RELIABILITY, QUALITY, AVAILABILITY OR ABILITY TO MEET YOUR SPECIFIC NEEDS OR OTHERWISE, OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTIES TO BE DISCLAIMED. SUBJECT TO THOSE RULES (WHERE APPLICABLE), AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. WE ASSUME NO OBLIGATION TO UPDATE THE INFORMATION OR ADVISE ON FURTHER DEVELOPMENTS CONCERNING TOPICS MENTIONED. HYPOTHETICAL, SIMULATED PERFORMANCE RESULTS AND QUANTITATIVE MODELING HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED OR MODELED RESULTS DO NOT REPRESENT ACTUAL TRADING. FURTHER, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER- OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS (E.G., LACK OF LIQUIDITY). SIMULATED TRADING PROGRAMS AND QUANTITATIVE ANALYSIS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
   2. This is not financial advice. The Services, and the content, information and tools therein, are provided for educational, informational and entertainment purposes only. We are not securities brokers or deals dealers, cryptoasset brokers or dealers, or financial advisers, analysts or planners. We are neither licensed nor qualified to provide investment advice. The information provided through the Services is not an offer to buy or sell securities or any other assets. Nothing within the Services or the Website takes into account the particular investment objectives, financial situations or needs of individuals, and accordingly, it should not be construed as a personal recommendation.
   3. We are not soliciting any action. The information provided through the Services does not constitute investment advice, financial advice, trading advice or any other sort of advice, and you should not treat any of the content within the Services as such. We do not recommend that you buy, sell or hold any cryptocurrency. You should conduct your own due diligence and consult your financial advisor before making any investment decisions.
   4. Do your own due diligence. The information provided through the Services is not intended as a complete source of information on any particular company, investment, protocol, token, asset or market. An individual should never make investment decisions based solely on information contained within the Services or associated media. ALL USERS SHOULD ASSUME THAT ALL INFORMATION PROVIDED REGARDING COMPANIES, INVESTMENTS, ASSETS AND MARKETS IS NOT TRUSTWORTHY UNLESS VERIFIED BY THEIR OWN INDEPENDENT RESEARCH.
   5. Reliability of data. The contents of the Services and any associated media are based on public information that we do not control. We do not represent that such contents or media are accurate or complete and it should not be relied on as such. The Services and associated media may contain inaccuracies, typographical errors and other errors. You understand that you are using any and all information available here at your own risk. Opinions expressed herein are merely opinions and merely as of the date of publication of those opinions and may or may not be updated.
   6. Investing in securities and/or cryptoassets is high risk. Any individual who chooses to purchase, hold, trade, or otherwise acquire securities and/or cryptoassets should do so with caution. Investing in securities and/or cryptoassets is speculative and carries a high degree of risk, and you may lose some or all of the money that is invested. Additionally, if you engage in margin transactions, your loss may exceed the amount invested.
   7. Past performance is no guarantee of future results. Trading results can never be guaranteed. You should be suspicious of anyone who promises you guaranteed results. The information provided in the Services and associated media regarding the past performance of any security and/or cryptoassets or strategy is only representative of historical conditions in the marketplace and is not to be construed as a guarantee that such conditions will exist in the future or that such performance will be achieved in the future. The price and value of investments referred to in the Services and associated media, and the income from them, may go down as well as up, and investors may realize losses on any investments. Past performance is no guarantee of future results. Future returns are not guaranteed, and a loss of original capital may occur.
   8. Suitability of strategies is personal to your circumstances. The investments and services described herein and through the Services may not be suitable for all investors and may not be suitable for you or your situation. You should seek advice from an independent financial advisor. None of the content published in the Services constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. We are not advising you personally concerning the nature, potential, value, or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter.
   9. Consider other relevant factors. The Services do not, and should not be considered to, include every factor that may be necessary for an investor to make a decision to invest. A decision to invest in a particular asset or security may be based on a number of factors, including the particular investor’s needs, goals and comfort with risk. Before making an investment decision you should read the applicable issuer’s financial statements and other reports (e.g., annual reports and Forms 10K, 10Q, 8K), or the in the case of initial public offerings or new issuances the applicable offering documents or registration statement or similar disclosures for cryptoassets. You should also consider risks associated with the trading of cryptoassets, or other assets or securities, including volatility in the market and individual assets or securities. The Services may provide results that identify assets or securities by name, and each name may contain a hyperlink to additional information. The additional information may include, among other things, price and performance information and financial/accounting ratios. The Services are highly dependent upon data provided by third parties, and we cannot guarantee the accuracy, timeliness or fitness for a specific purpose. You acknowledge and agree that we are not liable, and you agree not to seek to hold us liable, for the conduct of such third parties or any data regarding or provided by third parties. The data is subject to change and revision by the third-party data providers. As with any investments through any source, you must decide for yourself if an investment in any asset or security is consistent with your evaluation of the asset or security, your investment objectives, your risk tolerance, your investment time frame and your financial situation. By making information about investments available, neither we nor the Services are recommending or endorsing it.
   10. Use qualified advisors. We are not providing any financial or investment advice or services via the Services and should not be relied upon as a substitute for consultations with qualified professionals who are familiar with your individual needs. Please consult your accountant, tax advisor, stockbroker and/or financial advisor as necessary. You acknowledge that the information contained within the Services is provided “as is” for general information only. You may use the Services for informational purposes only, as an aid, but only as one information source among many, and not as the sole basis for making any decisions. You must conduct proper due diligence and use your own judgment when making any decisions based on any information, analytics or reports derived from the Services.
   11. For advisors or brokers. If you use the Services to provide any services to any third parties, such as, without limitation, if you are an investment advisor or broker, you are fully responsible for all services and recommendations, and represent and warrant that you are appropriately qualified and certified to do so, and that you possess all necessary licenses and permits to do so. You will not state nor imply to any customer or client any responsibility of us for any decisions or recommendations. In addition (i) you are solely responsible for all advice, recommendations and services you provide to your clients, even if you use our Services in whole or in part to create such advice, (ii) we have no liability whatsoever to your clients, (iii) we are not responsible for any disputes between you and your clients, and (iv) you will not state or imply to your clients anything contrary to all disclaimers, warranty limitations and limitations of liability by us herein or otherwise with respect to the Services. You hereby agree to indemnify, defend and hold us harmless from and against any allegation, loss, liability or claim made against us by any of your clients or otherwise arising out of any breach of this section (in addition to your obligations under Section 7 above) by you or your agents, or any failure by you or your agents to follow any applicable laws, rules or regulations.
   12. Beta Features. FROM TIME TO TIME, WE MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH YOU MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT OUR SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
10. Third Party Services and Content. The Services may be made available or accessed in connection with services and content (including advertising) controlled by third parties with different terms of use and privacy policies. We do not endorse these third-party services and content, and we are not responsible or liable for any of their products or services. Additionally, Apple Inc., Google, Inc., Microsoft Corporation and/or BlackBerry Limited will be a third-party beneficiary to these Terms if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these applications or devices is subject to their respective terms of service and privacy policies.
11. Accessing our Services. Using our Services (whether from a computer or mobile device) will require various levels of data network access. You will need to obtain it on your own, subject to your mobile network’s data and messaging rates and fees. You may need to acquire and update compatible hardware or devices to use and update the Services. We cannot guarantee that the Services, or any portion thereof, will function on any particular hardware or device. Lastly, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
12. Term and Termination. These Terms commence on the date in which you accept the Terms (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with these Terms. Notwithstanding the foregoing, you hereby acknowledge and agree that these Terms commence on the earlier to occur of (a) the date you first used the Services or (b) the date you accepted these Terms, and will remain in full force and effect while you use any Services, unless earlier terminated in accordance with these Terms. We reserve the right to terminate these Terms and your access to the Services at any time, for any reason or for no reason, with or without notice to you. If you wish to terminate the Services provided by us, you may do so by (a) notifying us at any time and (b) ceasing all further use of the Services. Your notice should be sent, in writing, to our address set forth below. Termination of these Terms or of any Service includes removal of access to such Service and barring further use of the Service. Upon termination of any Service, your right to use such Service will automatically terminate immediately. We will not have any liability whatsoever to you for any suspension or termination.
13. Miscellaneous. These Terms will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. You may not assign them (or any of your rights or obligations hereunder), in whole or in part, without our prior written approval. Any such assignment by you shall be null and void. We may assign these Terms without your consent to a related or affiliated entity or in the event of a sale of all or substantially all of our assets, stock or business, or to a successor by merger, reorganization, or other corporate transaction. Any purported assignment in violation of this paragraph is void. No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of our Services. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible (if any), and the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless we acknowledge and agree to it in writing, and it is not a waiver of our right to do so later. Force majeure events may prevent us from providing the Services, and we will have no liability for those circumstances. Note that when we say “include” or “including” throughout these Terms, we really mean “including, but not limited to” but do this for ease of reading. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Services will survive. These Terms also expressly supersede any prior agreements or arrangements we may have with you. You may of course stop using our Services at any time, and we may terminate these Terms or your use of any Services, or generally cease offering or deny access to any portion of the Services, at any time in our sole discretion. If we believe there has been a violation of these Terms, we have the right to investigate and notify law enforcement if we deem necessary. As part of any investigation, we cooperate with law enforcement and will take whatever legal action we deem appropriate under the circumstances.
14. Mutual Arbitration Provision. Before bringing a formal legal case, we encourage you to first try contacting us directly. Most disputes can be resolved through discussion.
    1. We and you each mutually agree to resolve any justiciable disputes between us and you exclusively through final and binding arbitration instead of filing a lawsuit in court; provided, however, that we and you each retain the right (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of copyrights, trademarks, trade secrets, patents or other intellectual property rights. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) and (except as expressly provided in the preceding sentence) will apply to any and all claims arising out of or relating to your access or use of the Services, any communications, advertising or marketing by or regarding us or the Services, any products or services sold or distributed through the Services that you received as a consumer of our Services, any aspect of your relationship or transactions with us, any of our or your actual or alleged intellectual property rights, and all other aspects of your relationship with us, past, present or future, whether arising under federal, state or local statutory and/or common law (collectively, “Disputes”). We and you each also expressly agree that this Agreement will be governed by the FAA even in the event you and/or we and/or these Terms are otherwise exempted from the FAA. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply.
    2. If either you or we wish to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (i) the name and address of the party seeking arbitration, (ii) a statement of the legal and factual basis of the claim and (iii) a description of the remedy sought. Any demand for arbitration by you must be delivered to us at Chaos Labs, Inc., 228 Park Avenue S., PMB 92039, New York, NY 10003-1502 (Attn: Legal Department).
    3. Class Action Waiver. We and you each mutually agree that by entering into this agreement to arbitrate, we and you both waive our right to have any Dispute brought, heard or arbitrated as, or to participate (whether as a plaintiff or class member) in, a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action (“Class Action Waiver”). In any case in which (i) the dispute is filed as a class, collective, or representative action and (ii) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. Notwithstanding any other clause contained in this Section 14 or the JAMS Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All other disputes with respect to whether this Mutual Arbitration Provision is unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
    4. Any arbitration shall be governed by the then-current JAMS Commercial Arbitration Rules using JAMS’ streamlined Arbitration Rules and Procedures (“JAMS Rules”), or by any other arbitration administration service that you and our officer or legal representative consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if your claim is for less than $75,000, we will pay all the arbitrator’s fees (unless the arbitrator finds that either the substance of your claim of the relief sought by you was frivolous or brought for an improper purpose, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), and if applicable arbitration rules or laws otherwise require us to pay a greater portion or all of such fees and costs in order for this Section 14 to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator or arbitration panel, as the case may be, will apply and be bound by this Section 14 and any additional terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award. All issues are for the arbitrator to decide, including arbitrability. This arbitration provision shall survive termination of this Section 14 or the Services. You can obtain JAMS procedures, rules, and fee information as follows: JAMS: 800.352.5267 and http://www.jamsadr.com.
    5. Except as provided in the Class Action Waiver, the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable, subject to these Term’s provisions on governing law.
    6. Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute may only be instituted in state or federal court in New York, New York. Accordingly, we and you each mutually consent to the exclusive personal jurisdiction and venue of such courts for such matters. The award issued by the arbitrator may be entered in any court of competent jurisdiction.
    7. This Mutual Arbitration Provision will survive any termination of your relationship with us. It is the full and complete agreement relating to the formal resolution of disputes covered by this Mutual Arbitration Provision. This Section 14 can be amended only by mutual written agreement between us and you. In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, the remainder of this Mutual Arbitration Provision will be enforceable.

Contacting Us. Please contact us at support@chaoslabs.xyz with any questions about these Terms or our Services.