Aave App Terms of Service

1. Introduction

1.1 Parties

These Terms and Conditions of Use (hereinafter referred to as the "Terms," "Agreement," or "Terms of Use") constitute a legally binding agreement between you (hereinafter referred to as "you," "your," "User," or "End User") and Aave Interfaces Ltd, its affiliates, subsidiaries, successors, and assigns (hereinafter collectively referred to as "Aave Labs," "Company," "we," "us," or "our"), governing your access to, use of, and interaction with the Aave App mobile application software and all associated and related services, features, content, applications, and functionality provided thereby (hereinafter collectively referred to as the "Services," "Application," "App," or "Platform").

If you have joined the Aave App waitlist, you should read the Aave App Waitlist Supplemental Terms, available at /legal/app/waitlist-supplemental-terms, which form part of these Terms and Conditions.

1.2 Scope of Agreement

This Agreement encompasses and incorporates by reference: (a) these Terms and Conditions of Use; (b) our Privacy Policy, available at /legal/app/privacy-policy; (c) any supplemental terms, conditions, policies, guidelines, or rules that may be posted publicly or made available through the Services from time to time; and (d) any additional terms to which you agree when using specific features, functionality, or third-party services accessible through the Platform (collectively, the "Operative Agreements").

1.3 Arbitration and Class Action Waiver Notice

IMPORTANT LEGAL NOTICE: PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY, WITH PARTICULAR ATTENTION TO SECTION 17 (DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER). BY ACCEPTING THESE TERMS, YOU AGREE THAT, EXCEPT FOR CERTAIN SPECIFIED TYPES OF DISPUTES IDENTIFIED IN SECTION 17, ANY AND ALL DISPUTES, CONTROVERSIES, OR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. YOU HEREBY EXPRESSLY AND YOU KNOWINGLY WAIVE YOUR RIGHT TO A TRIAL BY JURY, YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL LIMIT OR AFFECT ANY STATUTORY OR MANDATORY CONSUMER RIGHTS THAT CANNOT BE WAIVED UNDER APPLICABLE LAW.

1.4 Manifestation of Acceptance

By downloading, installing, accessing, or using any part of the Services, you hereby acknowledge that: (a) you have read, understood, and agree to be bound by this Agreement in its entirety; (b) you have the legal capacity and authority to enter into this binding contract; (c) you will comply with these Terms and all terms, conditions, restrictions, and obligations set forth herein; and (d) your use of the Services constitutes acceptance of this Agreement and formation of a binding contract between you and the Company. If you do not agree to all these Terms and all terms, conditions, and provisions of this Agreement, or if you do not possess the legal capacity or authority to enter into this Agreement, you are expressly prohibited from accessing, downloading, installing, or using the Services in any manner whatsoever, and you must immediately cease any and all use of the Platform and uninstall the Application from all devices under your control.

2. ELIGIBILITY REQUIREMENTS AND REPRESENTATIONS

2.1 Age and Legal Capacity Requirements

The Services are intended solely for use by individuals who have attained the age of majority in their jurisdiction of residence and who possess the legal capacity to enter into binding contracts under applicable law. If you are under the age of eighteen (18) years, or under the age of majority in your jurisdiction of residence, whichever is greater, you are strictly prohibited from accessing or using the Services. By accessing or using the Services, you represent, warrant, and covenant that you have attained the requisite age and possess the legal capacity to enter into this Agreement.

2.2 Jurisdictional Restrictions

Certain jurisdictions prohibit or restrict the use of blockchain-based services, digital asset transactions, or decentralized applications. You represent and warrant that: (a) you are not located in, organized under the laws of, or ordinarily resident in any jurisdiction where your use of the Services would be illegal, prohibited, or contrary to applicable law; (b) you are not subject to, nor are you owned or controlled by any person or entity that is subject to, any sanctions administered or enforced by the United States 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 governmental authority with jurisdiction over you or your activities (collectively, "Sanctions"); and (c) you are not identified on any list of prohibited or restricted parties, including without limitation OFAC's Specially Designated Nationals and Blocked Persons List, Consolidated Sanctions List, Sectoral Sanctions Identifications List, or any similar list maintained by any governmental authority.

2.3 Restricted Jurisdictions

Without limiting Section 2.2, access to and use of the Services is prohibited for any person or entity that is located in, organized under the laws of, or ordinarily resident in any country or territory that is, or whose government is, the subject of comprehensive trade or economic sanctions, embargoes, or similar restrictions imposed or administered by the United States, the United Kingdom, the European Union, the United Nations, or any other applicable authority (collectively, the “Restricted Jurisdictions”). Such jurisdictions include, without limitation, Côte d’Ivoire, Cuba, Belarus, Iran, Iraq, Liberia, North Korea, Sudan, and Syria, together with any other jurisdictions designated from time to time by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the United Nations Security Council, the European Union, His Majesty’s Treasury (UK), or any other competent sanctions authority. The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate access to the Services if it reasonably suspects that you are located in, acting on behalf of, or otherwise associated with a Restricted Jurisdiction or a sanctioned person, or if you attempt to circumvent such restrictions through virtual private networks, proxies, or similar technologies. Any such measures shall be implemented using region-based or other technical methods consistent with applicable law and platform policies.

3. DESCRIPTION OF SERVICES

3.1 General Description

The Aave App is a self-custodial mobile application software platform that provides Users with a means to access and interact with blockchain networks and decentralized protocols through smart contracts, using distributed ledger technology (blockchain technology) and self-executing computer programs (smart contracts) to enable Users to engage in decentralized transactions without reliance on centralized intermediaries.. The Platform functions as a user interface enabling seamless interaction with blockchain networks and smart contracts through an integrated embedded wallet solution that supports self-custody of digital assets.

3.2 No Financial or Brokerage Services

The Services do not constitute, and the Company does not provide, a brokerage, exchange, payment service provider, financial intermediary, or investment advisory service. The Aave App merely enables user-initiated interaction with blockchain smart contracts on a self-custodial basis. All transactions are executed directly by the User through decentralized protocols outside of the Company’s control.

3.3 Smart Contract Functionality

The Services enable Users to engage directly with smart contracts deployed on various blockchain networks. You acknowledge and agree that:

(a) Smart contracts are autonomous, self-executing computer programs that function according to programmed code and the consensus rules of their respective blockchain networks;
(b) Smart contract execution and outcomes are determined solely by the code, data fed to code by oracles or similar third parties, and the state of the blockchain network at the time of execution; and
(c) The Company makes no representations, warranties, or guarantees regarding the functionality, reliability, or outcome of any smart contract interaction.

3.4 Blockchain Network Dependency

The functionality and availability of the Services depend on the performance and integrity of third-party blockchain networks. These decentralized systems are maintained by distributed networks of independent validators, miners, or node operators. The Company does not operate, control, or maintain any such networks and disclaims all responsibility for any outages, congestion, forks, failures, or disruptions that may affect the availability or operation of the Services.

3.5 Self-Custodial Nature

The Services operate on a strictly self-custodial basis. This means that:

(a) The Company never takes possession of, holds, or exercises control over any digital assets, tokens, private keys, or other assets or property of the Users;
(b) Users retain full and continuous possession, custody, and control of their digital assets and private keys;
(c) No fiduciary, agency, partnership, or trust relationship exists between the Company and any User; and
(d) All transactions occur directly on a peer-to-peer basis between Users and third parties or between Users and blockchain-based smart contracts, without any intermediation by the Company.

3.6 Embedded Wallet Technology

The Services incorporate embedded wallet technology that functions as follows:

(a) The embedded wallet generates and stores cryptographic private keys locally and securely on your device using industry-standard encryption and security protocols. Private keys are never transmitted to or stored on the Company’s servers;
(b) All cryptographic operations, including transaction signing and authentication, occur locally on your device;
(c) The Company has no ability to view, access, or recover private keys or seed phrases;
(d) You may export or back up private keys or seed phrases at your sole discretion and risk;
(e) Once exported, your private keys become vulnerable to unauthorized access, interception, or compromise, and the Company disclaims all liability for any resulting loss or misuse;
(f) You must never share or disclose your private keys or seed phrases to any third party, including the Company; and
(g) Loss or damage to your device without a secure backup may result in permanent and irretrievable loss of access to your assets. THE COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY LOSS, THEFT, COMPROMISE, UNAUTHORIZED ACCESS, OR MISUSE OF PRIVATE KEYS OR SEED PHRASES THAT HAVE BEEN EXPORTED, EXTRACTED, REVEALED, OR TRANSFERRED FROM THE EMBEDDED WALLET. You assume complete responsibility and liability for the security and confidentiality of exported private keys.

3.7 Information and Educational Content

The Services may include informational or educational materials related to blockchain technology, digital assets, or decentralized finance. Such content is provided solely for informational purposes and does not constitute financial, investment, legal, or tax advice, nor does it represent a recommendation or offer to engage in any particular transaction or strategy. Users are responsible for conducting their own due diligence and consulting qualified professionals before making any related decisions.

4. USER OBLIGATIONS AND RESPONSIBILITIES

4.1 Wallet and Key Security

You are solely responsible for the security of your embedded wallet, private keys, seed phrases, passwords, authentication credentials, and any devices used to access or control your digital assets. You must take reasonable measures to safeguard such information and devices from loss, theft, disclosure, or unauthorized access. The Company does not have and cannot obtain access to your private keys or wallet credentials under any circumstances, and cannot recover or restore digital assets that are lost, compromised, or become inaccessible. You acknowledge that any loss or compromise of your private keys or any device used to access or control those keys may result in the permanent and irreversible loss of your digital assets.

4.2 Transaction Responsibility

All transactions initiated through the Services are executed directly on blockchain networks. Once submitted and confirmed, they are final and irreversible. You are solely responsible for verifying the accuracy of all transaction details, including recipient addresses, asset types, network parameters, and transaction amounts, before authorizing execution, and are solely responsible for the outcome of any transaction.

4.3 App and Device Access

You are responsible for maintaining control over your device and access credentials used to interact with the Services. You must take reasonable steps to prevent unauthorized access to the Aave App and to promptly secure or discontinue use if you suspect your device, wallet, or credentials have been compromised. The Company shall bear no responsibility for losses resulting from your failure to maintain adequate device or access security.

4.4 Accuracy of Inputs and Information

You are responsible for ensuring that all information, data, and parameters you provide through the Services are accurate, current, and complete. The Company is not responsible for any loss or error resulting from inaccurate, incomplete, or outdated information submitted by you.

5. PROHIBITED ACTIVITIES AND CONDUCT

5.1 Prohibited Activities

You expressly agree that you shall not, and shall not permit, cause, or enable any third party to, use the Services in any manner that violates this Agreement, any applicable law, regulation, or order, or the rights of any third party. Without limiting the generality of the foregoing, you agree that you shall not:

(a) Engage in Unlawful or Fraudulent Activity. Use the Services for any unlawful, illegal, fraudulent, deceptive, or prohibited purpose, including but not limited to: (i) engaging in or facilitating money laundering, terrorist financing, fraud, theft, or any other financial crime; (ii) purchasing, selling, or distributing illegal goods or services, including narcotics, controlled substances, weapons, explosives, stolen property, counterfeit items, or contraband; (iii) evading, avoiding, or violating any applicable tax, sanctions, or regulatory requirements; (iv) harming or damaging any person or entity, or (v) infringing, misappropriating, or otherwise violating the intellectual property, privacy, publicity, or proprietary rights of any person.
(b) Violate Sanctions or Regulatory Restrictions. Transact with, transfer assets to or from, or otherwise engage with any person, entity, or jurisdiction that is the subject of applicable trade or economic sanctions, export control laws, embargoes, or other governmental restrictions.
(c) Interfere with or Exploit the Services. Attempt to access, disrupt, damage, or interfere with the operation, performance, or security of the Services or any blockchain network or system connected thereto, including but not limited to: (i) introducing, uploading, or transmitting any virus, worm, Trojan horse, malware, or other harmful code; (ii) circumventing or attempting to circumvent any access controls, authentication mechanisms, security measures, or technical safeguards; (iii) engaging in denial-of-service attacks, network flooding, or similar disruptive activities; or (iv) exploiting any bug, vulnerability, logic flaw, or unintended feature for personal gain or to the detriment of others.
(d) Engage in Deceptive or Manipulative Conduct. Engage in any act or practice that is false, misleading, or deceptive, including but not limited to: (i) impersonating any person or entity, or misrepresenting your affiliation with any person or entity; (ii) providing false, inaccurate, or misleading information in connection with your use of the Services; or (iii) manipulating, falsifying, or misrepresenting data, transactions, or market activity in any way.
(e) Use Unauthorized Automation or Data Extraction. Access, query, or interact with the Services through any automated means, including but not limited to bots, spiders, scrapers, crawlers, or data-mining tools not expressly authorized by the Company, or harvest, extract, or copy data or content from the Services without prior written consent.
(f) Misuse or Abuse the Services. Use the Services in any manner that could: (i) damage, disable, impair, or overburden the Services or related systems; (ii) interfere with the access, use, or enjoyment of the Services by any other person; or (iii) use the Services for benchmarking, reverse engineering, competitive analysis, or the development of competing products or services.

6. RISKS, DISCLAIMERS, AND ACKNOWLEDGMENTS

6.1 Assumption of Risk

BY ACCESSING AND USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, ACCEPT, AND ASSUME ALL RISKS ASSOCIATED WITH:

(a) Blockchain Technology Risks: The use of blockchain technology, distributed ledger technology, smart contracts, routers, cryptographic tokens, digital assets, digital asset wallets, and related technologies and systems;
(b) Market Risks: The volatility, fluctuation, and unpredictability of digital asset prices, valuations, and market conditions;
(c) Technical Risks: Software bugs, errors, defects, vulnerabilities, malfunctions, failures, and unintended consequences;
(d) Security Risks: Cyberattacks, hacking attempts, phishing attacks, malware, security breaches, and unauthorized access;
(e) Regulatory Risks: Changes in laws, regulations, policies, interpretations, or enforcement actions by governmental authorities; and
(f) Operational Risks: Service interruptions, downtime, network congestion, and unavailability of the Services, applications and/ or underlying blockchain networks.

6.2 Experimental and Speculative Technology

You acknowledge and agree that: (a) Blockchain technology, smart contracts, and digital assets represent novel, experimental, and speculative technologies that are subject to rapid change, evolution, and uncertainty; (b) The technology underlying the Services is in early stages of development and may not function as intended at all relevant times; (c) Smart contracts may contain bugs, errors, vulnerabilities, or design flaws that could result in loss of functionality, loss of assets, or unintended outcomes; (d) Blockchain networks may experience forks, chain reorganizations, consensus failures, or other disruptions that could affect the Services; (e) The regulatory treatment of blockchain technology and digital assets is uncertain, evolving, and varies significantly across jurisdictions; (f) Future developments in technology, markets, or regulations may render the Services obsolete, impractical, or illegal.

6.3 Transaction Finality and Irreversibility

You expressly acknowledge and agree that: (a) All transactions executed on blockchain networks are final, irreversible, and immutable once confirmed by the network; (b) There are no refunds, cancellations, reversals, or chargebacks available for blockchain transactions, including transactions conducted using the Platform; (c) The Company cannot and will not reverse, cancel, refund, or modify any transaction under any circumstances; (d) You bear sole responsibility for verifying and confirming the accuracy of all transaction details before execution, including recipient addresses, amounts, token types, and network parameters; (e) Transactions sent to incorrect addresses, executed with incorrect parameters, or based on user error cannot be recovered, reversed, or corrected; (f) Digital assets sent to smart contract addresses, burned addresses, or addresses for which private keys are lost or inaccessible are permanently and irretrievably lost.

6.4 Smart Contract Risks

You acknowledge and agree that: (a) Smart contracts are autonomous computer programs that execute according to their code without human intervention; (b) Smart contract execution depends on the accuracy of the code, the state of the blockchain, and the inputs provided by users; (c) Smart contracts may contain bugs, vulnerabilities, exploits, or design flaws that could result in total loss of assets; (d) Smart contracts may interact with other smart contracts or external data sources in unexpected or unintended ways; (e) Smart contract audits and security reviews, if conducted, do not guarantee the absence of vulnerabilities or the correctness of functionality; and (f) Economic attacks, game-theoretic exploits, or unintended incentive structures may result in smart contract failure or unexpected outcomes.

6.5 Blockchain Network Risks

You acknowledge and agree that: (a) Blockchain networks are operated by decentralized networks of independent node operators, validators, or miners over whom the Company has no control; (b) Blockchain networks may experience congestion, high transaction fees, long confirmation times, or unavailability; (c) Blockchain networks may undergo forks, resulting in the creation of alternative chains that could affect the value or functionality of digital assets; (d) Consensus mechanisms may fail, resulting in chain reorganizations, double-spending, or other disruptions; (e) Blockchain networks may be subject to attacks, including but not limited to 51% attacks, Sybil attacks, denial-of-service attacks, or consensus attacks; (f) Changes to blockchain protocol rules, consensus mechanisms, or network parameters may affect the functionality or availability of the Services; (g) Blockchain networks may become deprecated, abandoned, or cease to operate.

6.6 Third-Party Service Risks

You acknowledge and agree that: (a) The Services integrate with and depend upon third-party services, including wallet providers, blockchain networks, data providers, and infrastructure services; (b) The Company does not control, operate, endorse, or guarantee any third-party service; (c) Third-party services are subject to their own terms, conditions, policies, fees, and limitations; (d) Third-party services may experience outages, disruptions, changes, discontinuations, or security breaches; (e) The Company is not responsible for any acts, omissions, errors, or failures of third-party service providers; (f) You should review and understand the terms, risks, and limitations of all third-party services before using them.

6.7 Digital Asset Value Volatility

You acknowledge and agree that: (a) Digital asset prices and values are highly volatile and subject to rapid, substantial, and unpredictable fluctuations; (b) Digital assets may lose all or substantially all of their value at any time; (c) Historical performance of digital assets is not indicative of future performance; (d) Digital asset markets are subject to manipulation, fraud, speculation, and irrational behavior; (e) Liquidity for digital assets may be limited, restricted, or unavailable, making it difficult or impossible to execute transactions at desired prices; (f) External factors, including regulatory actions, technological developments, market sentiment, and global events, may significantly impact digital asset values; (g) The Company provides no guarantees, representations, or warranties regarding the price, value, performance, or future prospects of any digital asset.

6.8 Regulatory and Legal Uncertainty

You acknowledge and agree that: (a) The legal and regulatory status of blockchain technology, smart contracts, and digital assets is uncertain and varies significantly across jurisdictions; (b) Laws and regulations applicable to digital assets and blockchain technology are rapidly evolving and subject to change; (c) Future regulatory actions may prohibit, restrict, or impose requirements on the use of digital assets or the Services; (d) Tax treatment of digital asset transactions is uncertain and may change; (e) You are solely responsible for understanding and complying with all applicable laws and regulations in your jurisdiction; (f) The Company makes no representations regarding the legal or regulatory status of the Services or digital assets in any jurisdiction.

6.9 No Professional Advice

You acknowledge and agree that: (a) The Services do not provide, and should not be construed as providing, any business advice, investment advice, financial advice, trading advice, legal advice, tax advice, accounting advice, or any other type of professional advice; (b) No content, information, or communication provided through the Services constitutes a recommendation, endorsement, or solicitation to buy, sell, hold, or trade any digital asset; (c) You should consult with qualified professionals, including financial advisors, tax advisors, and legal counsel, before making any decisions regarding digital assets; (d) You are solely responsible for conducting your own independent research, due diligence, and risk assessment; (e) The Company does not make any recommendations or provide any guidance regarding the suitability of any digital asset, transaction, or strategy for your particular circumstances.

6.10 No Guarantees of Functionality or Availability

You acknowledge and agree that: (a) The Company does not guarantee that the Services will be available, accessible, uninterrupted, timely, secure, accurate, complete, or error-free at all times; (b) The Services may be unavailable due to maintenance, updates, technical difficulties, blockchain network issues, or circumstances beyond the Company's control; (c) The Company reserves the right to modify, suspend, discontinue, or terminate any or all of the Services at any time without notice or liability; (d) You should not rely on the continuous availability of the Services for time-sensitive or critical transactions; (e) The Company makes no representations or warranties regarding the performance, functionality, reliability, or suitability of the Services for any particular purpose.

7. FEES, COSTS, AND CHARGES

7.1 Blockchain Fees

All transactions or interactions executed through the Services are subject to fees, costs, and charges imposed by blockchain networks or smart contract protocols (“Blockchain Fees”). Blockchain Fees may include, without limitation, network transaction fees (commonly referred to as gas or miner fees), validator fees, protocol-level deductions, or other costs and fees determined autonomously by the applicable blockchain or smart-contract logic, including smart contract vault extensions.

7.2 App Fees

The App does not offer, sell, or unlock any digital goods, tokens, or services through payment mechanisms other than those expressly permitted by Apple’s App Store policies. Any blockchain or smart-contract transactions executed by you occur entirely outside of Apple’s billing infrastructure, are user-initiated, and do not constitute in-app purchases of digital content or services under Apple’s definitions.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Ownership of the Services

All rights, title, and interest in and to the Services, including all intellectual property rights, are and shall remain the exclusive property of the Company and its licensors. This includes, without limitation, all software, code, algorithms, data structures, system architecture, interfaces, trademarks, service marks, trade names, logos, designs, text, graphics, images, audiovisual materials, compilations, databases, methods, processes, and any enhancements, modifications, or derivative works thereof. Nothing in this Agreement shall be construed as transferring or granting any ownership interest in or to the Services or any intellectual property rights associated therewith. You acknowledge that the Services and all related technology constitute valuable trade secrets and proprietary information of the Company and its licensors, protected by copyright, trademark, patent, and other intellectual property laws and international treaties.

8.2 Limited License

Subject to your continued compliance with this Agreement, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your own purposes. This license does not grant you any right to copy, reproduce, distribute, publicly perform, modify, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works from the Services, nor to sell, rent, lease, sublicense, or otherwise commercially exploit the Services or any portion thereof. You shall not remove, obscure, or alter any copyright notices, proprietary legends, or trademark designations displayed in or on the Services, nor use any Company trademarks, logos, or branding without prior written consent. Any unauthorized use, reproduction, or distribution of the Services or related materials may result in civil and criminal penalties under applicable law.

8.3 Restrictions on Use

You agree not to use, access, or attempt to use the Services or any content therefrom for any purpose other than as expressly permitted by this Agreement. Without limitation, you shall not reproduce, mirror, frame, embed, or otherwise incorporate any part of the Services into another product or service; use any data mining, scraping, or automated methods to extract data or content; or access the Services for the purpose of monitoring their performance, availability, or functionality, or for benchmarking or developing competing products. All rights not expressly granted to you herein are reserved by the Company and its licensors.

8.4 Feedback and Suggestions

If you submit to the Company any feedback, suggestions, comments, ideas, improvements, or recommendations regarding the Services (“Feedback”), you hereby grant to the Company a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, distribute, and display such Feedback in any form or medium now known or hereafter developed, without attribution or compensation to you. You represent and warrant that you have all necessary rights to provide such Feedback and acknowledge that the Company shall have no obligation to use, implement, or respond to it.

9. PRIVACY AND DATA PROTECTION

9.1 Privacy Policy Incorporation

Your use of the Services is subject to the Privacy Policy, which is incorporated into this Agreement by reference and available at /legal/app/privacy-policy. By using the Services, you acknowledge that you have read, understood, and agree to the collection, use, storage, and disclosure of your information as set forth in the Privacy Policy.

10. TAX OBLIGATIONS AND REPORTING

10.1 Tax Responsibility

You acknowledge, understand, and agree that you are solely, entirely, and exclusively responsible for determining, understanding, calculating, reporting, and paying any and all taxes, duties, levies, assessments, or other governmental charges (“Taxes”) that may arise from or relate to your use of the Services, your digital asset activities, or any transactions carried out through or in connection with the Services. The Company has no involvement whatsoever in determining, withholding, collecting, reporting, or remitting any Taxes on your behalf. You are solely responsible for ensuring full compliance with all applicable tax laws, regulations, and reporting obligations in every relevant jurisdiction, including maintaining adequate records of your transactions, determining the character, source, and timing of taxable events, and remitting all applicable Taxes to the appropriate authorities. You should seek advice from qualified tax professionals regarding your specific situation. The Company does not provide tax advice, tax guidance, or tax opinions of any kind. The Company makes no representations or warranties regarding the tax treatment, classification, or consequences of any transaction, yield, staking reward, or other digital asset activity carried out through or in connection with the Services. All information provided through the Services is for general informational purposes only and should not be relied upon for tax purposes. You further acknowledge that the tax treatment of digital assets, blockchain transactions, and decentralized finance activities is uncertain, evolving, and may vary significantly across jurisdictions and over time. Any changes in law, regulation, or interpretation may affect your tax obligations, and it is your responsibility to remain informed and compliant.

10.1 Indemnification for Tax Liabilities

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, penalties, fines, interest, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your failure to determine, report, or pay any Taxes; (b) your failure to comply with applicable tax laws or reporting obligations; (c) any claim, demand, or assessment by any tax authority alleging that the Company is responsible for or liable for your Taxes; or (d) any penalties, enforcement actions, or liabilities imposed as a result of your tax non-compliance.

11. DISCLAIMERS OF WARRANTIES

11.1 “AS IS” and “AS AVAILABLE” Basis

The Services, including all interfaces, functionality, and any access to blockchain networks or smart contracts, are provided by the Company on an “AS IS” and “AS AVAILABLE” basis, except as otherwise required by applicable law. To the fullest extent permitted by law, the Company and its affiliates, contractors, service providers, and licensors (collectively, the “Aave App Indemnified Parties”) disclaim all warranties—express, implied, statutory, or otherwise—including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or availability. Nothing in this Agreement affects any legal rights or remedies that cannot be excluded under applicable consumer-protection laws in your jurisdiction.

11.2 No Warranty of Continuous Operation or Error-Free Functionality

The Company does not warrant that the Services, or any portion thereof, will operate without interruption, be error-free, or remain compatible with any particular device, network, or software version. Access to the Services may be suspended or interrupted for maintenance, upgrades, or causes beyond the Company’s control. Any reliance you place on information or functionality made available through the Services is at your sole risk.

11.3 Blockchain, Smart-Contract, and Network Risks

You acknowledge that blockchain networks, smart contracts, and decentralized technologies are experimental and may fail, fork, or behave unpredictably. The Company does not operate or control any blockchain network and makes no warranty regarding the security, functionality, or outcomes of any smart-contract execution. The Company cannot reverse or modify any blockchain transaction once confirmed on-chain.

11.4 Third-Party Services and Integrations

The Services may interoperate with or rely upon third-party services, protocols, or APIs. The Company does not control, endorse, or guarantee any third-party service, product, or content and provides no warranty regarding their availability, legality, or performance. You are solely responsible for reviewing and accepting any applicable third-party terms before using such services.

11.5 Security and Technological Limitations

While the Company implements commercially reasonable safeguards, no technology is entirely secure. The Company does not warrant that the Services or any related systems will be free from malware, unauthorized access, cyberattacks, phishing, or other malicious activity that could compromise data or digital assets. You assume all risks associated with safeguarding your device, wallet credentials, private keys, and seed phrases.

11.6 Legal, Regulatory, and Tax Matters

The Company makes no representation or warranty regarding the legality, regulatory classification, or tax treatment of the Services, digital assets, or blockchain transactions in any jurisdiction. You are solely responsible for ensuring compliance with all applicable laws, regulations, and reporting obligations.

11.7 Apple Warranty Disclaimer

To the maximum extent permitted by law, Apple Inc. ("Apple") provides no warranty obligations whatsoever with respect to the App. In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) paid for the App. To the extent permitted by law, Apple shall have no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.

11.8 Limitation Under Consumer-Protection Laws

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such jurisdictions, this Section 11 shall apply only to the extent permitted by law, and the Company’s liability will be limited to the minimum amount required by applicable statute.

12. LIMITATION OF LIABILITY

12.1 Exclusion of Damages

To the maximum extent permitted by applicable law and subject to Section 12.4, in no event shall the Company or any of its officers, directors, employees, contractors, affiliates, or licensors (collectively, the “Aave App Indemnified Parties”) be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind arising out of or relating to the Services or this Agreement—including without limitation loss of profits, revenue, data, goodwill, digital assets, business interruption, or other intangible losses—whether based in contract, tort (including negligence), strict liability, or any other legal theory, even if the Company was advised of the possibility of such damages and even if any remedy fails of its essential purpose.

12.2 Aggregate Liability Cap

Subject to Section 12.4 and to the maximum extent permitted by law, the total aggregate liability of the Company and all Aave App Indemnified Parties for any and all claims arising out of or relating to the Services or this Agreement shall not exceed the greater of: (a) one thousand U.S. dollars (USD $1,000) (or the equivalent amount in your local currency), or (b) the total amount of any fees actually paid by you to the Company for use of the Services during the twelve (12) months immediately preceding the event giving rise to the claim. This limitation is collective and shall not be increased by the existence of multiple claims or claimants.

12.3 Specific Causes of Loss Excluded

Without limiting the foregoing, and to the fullest extent permitted by law, none of the Aave App Indemnified Parties shall be liable for any loss or damage arising from or related to: (a) User actions or errors, including loss of private keys or seed phrases, incorrect addresses, transaction mistakes, or failure to maintain device security, or loss of a device; (b) Blockchain or network failures, including congestion, forks, consensus errors, 51% attacks, or smart-contract vulnerabilities; (c) Acts or omissions of third parties, including service providers, oracles, or decentralized protocols integrated with the Services; (d) Market events such as price volatility, liquidity shortages, or loss in value of digital assets; (e) Force majeure events beyond the Company’s reasonable control (f) failures of any technology infrastructure relied upon by the Services or the User, or (g) Any reliance on information, data, or instructions displayed within the App that is inaccurate due to outdated blockchain state or network latency.

12.4 Consumer-Protection and Non-Excludable Rights

Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or breach of statutory consumer rights. If applicable law does not permit the exclusion of certain warranties or liabilities, the scope of such warranties and the extent of the Company’s liability shall be the minimum required by law. Your statutory rights as a consumer are not affected.

12.5 Basis of the Bargain

You acknowledge that the limitations and exclusions set forth in this Section 12 represent a reasonable allocation of risk and form an essential basis of the bargain between you and the Company. The Company would not be able to provide the Services without these limitations. These limitations are intended to apply even if any limited remedy fails of its essential purpose.

12.6 Application and Survival

These limitations apply to all claims, whether arising before, during, or after termination of this Agreement, and shall survive termination or expiration of the Agreement. If any portion of this Section is held invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the Company’s liability shall be limited to the maximum extent permitted by law.

13. THIRD-PARTY SERVICES, APPLICATIONS, AND INTEGRATIONS

13.1 General Integration

The Services may enable access to, interaction with, or functionality provided by independent third-party services, applications, websites, platforms, protocols, or smart contracts (collectively, “Third-Party Services”). These may include, by way of example, decentralized or centralized exchanges, liquidity protocols, bridges, oracle networks, routers, analytics providers, fiat gateways, smart contracts, and wallet connection interfaces. Access to or use of Third-Party Services is provided solely for convenience and does not imply any affiliation, endorsement, sponsorship, or recommendation by the Company.

13.2 Third-Party Terms and Obligations

Each Third-Party Service is governed by its own separate terms of service, user agreements, privacy policies, fee schedules, and other applicable conditions (“Third-Party Terms”). You are solely responsible for reviewing and accepting all Third-Party Terms before using or interacting with any Third-Party Service. By using any Third-Party Service through the Platform, you enter into a direct contractual relationship with the respective third-party provider and agree to be bound by all applicable Third-Party Terms. In the event of any inconsistency between this Agreement and any Third-Party Terms, the latter shall govern with respect to your use of the relevant Third-Party Service. The Company is not a party to, and assumes no obligations or responsibilities under, any Third-Party Terms or agreements between you and a third-party provider. The Company expressly disclaims any responsibility for the actions, omissions, representations, or services of any third-party provider, and makes no warranties or guarantees regarding their legality, reliability, accuracy, security, or performance.

13.3 Availability, Changes, and Fees

Third-Party Services are provided and controlled by independent providers and may be modified, suspended, or discontinued at any time, with or without notice. The Company does not guarantee the continued availability, compatibility, or integration of any Third-Party Service through the Platform and reserves the right to add, remove, or modify integrations at its sole discretion. Third-Party Services may impose their own fees, commissions, spreads, or costs, which are determined solely by the relevant provider and not by the Company. You are solely responsible for understanding and paying all such fees, and you acknowledge that the Company does not collect, retain, or control any Third-Party Fees unless expressly stated otherwise.

13.4 Risk and Responsibility

You acknowledge that Third-Party Services—including decentralized protocols, smart contracts, and custodial exchanges—may be experimental, insecure, or subject to failure, vulnerabilities, exploits, downtime, or regulatory changes. You assume all risks associated with the use of Third-Party Services, including potential loss, theft, or compromise of digital assets or data. The Company does not perform due diligence or audits of Third-Party Services and makes no representations regarding their security, compliance, or suitability for any purpose. You are solely responsible for conducting your own independent research, technical review, and risk assessment before engaging with any Third-Party Service.

13.5 Disputes and Indemnification

Any dispute, claim, or controversy arising from or related to your use of a Third-Party Service is strictly between you and the applicable third-party provider. The Company has no obligation to mediate, arbitrate, or resolve any such dispute and will not provide compensation, refunds, or relief for losses caused by Third-Party Services. You agree to indemnify, defend, and hold harmless the Company and all Aave App Indemnified Parties from and against any and all claims, damages, liabilities, losses, penalties, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of or reliance on any Third-Party Service; (b) your violation of any Third-Party Terms; or (c) any dispute or interaction between you and a third-party provider.

13.6 Mobile Application Platforms

If you access or use the Services through a mobile application obtained via a third-party platform (such as the Apple App Store), you acknowledge and agree that:

(a) Platform Terms Apply: Your use of the application is also governed by the applicable platform’s terms and policies, including without limitation the Apple Media Services Terms and Conditions (the “Platform Terms”). You are solely responsible for complying with all such Platform Terms.
(b) Apple-Specific Terms: Where the Services are accessed via Apple iOS devices:
- (i) this Agreement is between you and the Company, not Apple;
- (ii) Apple has no responsibility for the Services or their content;
- (iii) Apple has no obligation whatsoever to provide any maintenance or support services with respect to the application;
- (iv) in the event the application fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) paid for the application, but Apple shall have no other warranty obligation whatsoever; and
- (v) Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement with the right to enforce its terms against you as they relate to your use of the application on iOS devices.
(c) Priority of Platform Terms: To the extent of any inconsistency between this Agreement and the applicable Platform Terms, the Platform Terms shall control solely with respect to your use of the application as required by the relevant platform provider. Where any purchase, subscription, or payment is made through a third-party platform such as the Apple App Store, such transaction shall be processed and governed solely by the applicable platform’s billing terms, policies, and refund procedures. The Company does not control and is not responsible for payments or refunds made through those platforms.

14. INDEMNIFICATION

14.1 Your Indemnification Obligations

You hereby agree to indemnify, defend, and hold harmless the Aave App Indemnified Parties from and against any and all claims, demands, actions, suits, proceedings, liabilities, judgments, damages, losses, costs, expenses, and fees (including but not limited to reasonable attorneys' fees, expert witness fees, court costs, and litigation expenses) arising out of, resulting from, or related to: (a) Your access to, use of, or inability to access or use the Services; (b) Your breach or alleged breach of this Agreement, including any representation, warranty, covenant, or obligation set forth herein; (c) Your violation of any applicable law, regulation, rule, order, directive, or requirement of any governmental authority; (d) Your violation of any rights of any third party, including but not limited to intellectual property rights, privacy rights, publicity rights, confidentiality rights, property rights, or contractual rights; (e) Your use of or interaction with any Third-Party Service, decentralized application, smart contract, or protocol; (f) Your violation of any Third-Party Terms; (g) Any transaction, interaction, or activity you conduct through or in connection with the Services; (h) Any content, information, data, or materials you submit, upload, post, transmit, or make available through the Services; (i) Your digital assets, private keys, seed phrases, or wallet credentials; (j) Any misrepresentation, omission, false statement, or fraudulent information you provide; (k) Your negligence, willful misconduct, fraud, or illegal activity; (l) Any dispute, disagreement, or conflict between you and any other User or any third party; (m) Your failure to pay any applicable taxes, fees, duties, or charges; (n) The export of your private keys or seed phrases from the embedded wallet; (o) Any loss, theft, compromise, or unauthorized access to your device, wallet, private keys, or digital assets; (p) Any claim that your use of the Services infringes upon, violates, or misappropriates the rights of any third party.

14.2 Defense and Settlement

The Company reserves the right, at its sole discretion and at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you shall cooperate fully with the Company in asserting any available defenses and in the conduct of such defense. You shall not settle, compromise, or resolve any claim subject to your indemnification obligations without the Company's prior written consent, which consent shall not be unreasonably withheld. The Company may settle any claim subject to your indemnification obligations on such terms as it deems appropriate, and you shall be bound by any such settlement. You shall provide the Company with such information, cooperation, and assistance as the Company may reasonably request in connection with the defense, settlement, or resolution of any indemnified claim. Your obligations under this Section 14 shall survive the termination or expiration of this Agreement.

14.3 Notice of Claims

You agree to promptly notify the Company in writing of any claim, action, or proceeding for which you believe you are obligated to provide indemnification under this Section 14. Failure to provide timely notice shall not relieve you of your indemnification obligations except to the extent that the Company is materially prejudiced by such failure.

15. MODIFICATIONS TO SERVICES AND TERMS

15.1 Right to Modify Services

The Company reserves the absolute and unconditional right, at any time and from time to time, in its sole and absolute discretion, without prior notice to you and without any liability whatsoever, to: (a) Modify, update, change, enhance, add features to, or remove features from the Services or any part thereof; (b) Temporarily or permanently suspend, discontinue, or terminate the Services or any part thereof; (c) Restrict, limit, or condition access to the Services or any features, functionality, or content thereof; (d) Change the availability, functionality, or user interface of the Services; (e) Impose new fees, charges, or costs for access to or use of the Services; (f) Add, remove, modify, or restrict integrations with Third-Party Services; (g) Modify, update, or change the technical requirements, specifications, or compatibility requirements for using the Services.

15.2 Right to Modify Terms

The Company reserves the right to modify, amend, revise, supplement, or update these Terms or any other Operative Agreements at any time, for any reason or no reason, in its sole and absolute discretion. The Company will provide notice of material changes to these Terms by: (a) Posting the updated Terms on or through the Services; (b) Updating the "Effective Date" date at the top of these Terms; or (c) Providing notice through the Services, by email, or by other reasonable means (at the Company's discretion).

15.3 Effect of Modifications

Your continued access to or use of the Services following the posting or notification of any modifications to these Terms constitutes your ongoing binding acceptance of such modifications. If you do not agree to any modification, your sole and exclusive remedy is to discontinue using the Services and uninstall the Application. Unless otherwise specified, modifications to these Terms shall become effective immediately upon posting or upon the date specified in the notice of modification. Modifications may apply to disputes, claims, or transactions that occurred before the effective date of the modification, to the maximum extent permitted by applicable law. The Company's failure to enforce any modification, or any delay in enforcing any modification, shall not constitute a waiver of the Company's right to enforce such modification. You are responsible for reviewing these Terms periodically to remain informed of any modifications. The Company is under no obligation to specifically notify you of every modification beyond the notice mechanisms described in Section 15.2.

15.4 Objection to Modifications

If you object to any modification to these Terms, you may reject the modification by: (a) Immediately ceasing all use of the Services; (b) Uninstalling the Application from all devices under your control; (c) Providing written notice to the Company of your rejection within thirty (30) days of the effective date of the modification. Upon proper rejection in accordance with this Section 15.4, any dispute between you and the Company shall be governed by the version of the Terms in effect immediately prior to the modification you rejected, solely with respect to claims arising before the effective date of the modification.

15.5 No Obligation to Provide Updates

You acknowledge and agree that: (a) The Company has no obligation to provide any updates, upgrades, enhancements, improvements, bug fixes, patches, or corrections to the Services; (b) The Company may cease development, support, or maintenance of the Services at any time without notice or liability; (c) Updates or modifications to the Services may introduce new bugs, errors, incompatibilities, or reduce functionality; (d) You may be required to update the Application or your device's operating system to continue using the Services; (e) Failure to install required updates may result in reduced functionality or inability to access the Services.

16. TERMINATION AND SUSPENSION

16.1 Termination by User

You may terminate this Agreement and your use of the Services at any time by: (a) Ceasing all access to and use of the Services; (b) Uninstalling the Application from all devices under your control; (c) Discontinuing all interactions with smart contracts or blockchain networks through the Services. Termination by you does not relieve you of any obligations, liabilities, or responsibilities that accrued prior to termination or which are otherwise expressly noted herein as surviving termination.

16.2 Termination and Suspension by Company

The Company reserves the right, in its sole and absolute discretion, with or without cause, with or without prior notice, and without any liability whatsoever, to: (a) Terminate or suspend your access to the Services, in whole or in part, immediately and without prior notice; (b) Block, restrict, flag, or prevent specific wallet addresses from accessing or interacting with the Services; (c) Refuse to provide Services to any person or entity for any reason or no reason; (d) Remove, delete, or disable any content, data, or information you have submitted, uploaded, or made available through the Services.

16.3 Grounds for Termination or Suspension

Without limiting the Company's discretion under Section 16.2, the Company may terminate or suspend your access if the Company determines or suspects, in its sole discretion, that: (a) You have breached, violated, or failed to comply with any provision of this Agreement; (b) You have violated any applicable law, regulation, or legal requirement; (c) You have engaged in, or are suspected of engaging in, fraudulent, illegal, or prohibited activities, including but not limited to money laundering, terrorist financing, sanctions violations, fraud, theft, or any other criminal activity; (d) You have misrepresented your identity, location, or any other information; (e) You are located in, organized under the laws of, or ordinarily resident in any Restricted Jurisdiction; (f) You are subject to, or are owned or controlled by any person or entity subject to, any Sanctions; (g) You are identified on any list of prohibited or restricted parties maintained by any governmental authority, including without limitation OFAC's SDN List or Consolidated Sanctions List; (h) You have used stolen, misappropriated, or fraudulently obtained funds or digital assets; (i) You have engaged in market manipulation, wash trading, or other manipulative trading practices; (j) Your use of the Services creates legal, regulatory, compliance, or reputational risk for the Company; (k) Your continued access to the Services would be commercially impractical or would subject the Company to undue burden or liability; (l) You have attempted to circumvent, bypass, or defeat any security measures, access controls, or technical limitations of the Services; (m) Your account, wallet, or activities exhibit patterns or characteristics consistent with prohibited or high-risk behavior; (n) The Company receives a request, order, or directive from any governmental authority, law enforcement agency, regulatory body, or court requiring termination or suspension; (o) The Company determines that termination or suspension is necessary to comply with applicable law or to protect the Company's rights, property, or interests.

16.4 No Liability for Termination

You acknowledge and agree that the Company shall not be liable to you or any third party for any termination or suspension of your access to the Services, regardless of the reason for such termination or suspension. The Company shall have no obligation to provide notice of termination, disclose the reasons for termination, provide an opportunity to cure any breach, or provide any appeal or review process.

17. DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER

17.1 Informal Resolution

Before initiating any legal or arbitral action, you and the Company agree to make reasonable, good-faith efforts to resolve any dispute, claim, or controversy arising out of or relating to this Agreement or the Services (each, a “Dispute”). Either party may start this process by sending written notice describing the issue and requested resolution. Such written notice must be sent to [email protected] and must clearly state that it is submitted pursuant to Section 17.1 of these Terms. If the Dispute is not resolved within thirty (30) days, either party may proceed as set forth below.

17.2 Binding Arbitration.

Except as provided in Section 17.4, any Dispute that cannot be resolved informally shall be finally settled by binding arbitration administered by the International Centre for Dispute Resolution (ICDR) under its International Arbitration Rules in effect at the time of the arbitration. The arbitration shall be conducted by a single neutral arbitrator with relevant experience in technology or digital-asset matters. The seat and governing law of the arbitration shall be the Cayman Islands, and the language shall be English. The arbitrator may award any remedy available in court under applicable law, subject to the limitations in Section 12 (Limitation of Liability) and Section 18 (Waiver of Injunctive and Equitable Relief). The arbitral award shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

17.3 Individual Proceedings Only. Class and Representative Actions Waiver.

You and the Company agree that each may bring claims only in an individual capacity and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. You expressly waive the right to proceed in any class, mass, group or representative capacity. The arbitrator may not consolidate claims or preside over any form of class, mass, group or representative action.

17.4 Exceptions and Consumer Rights

(a) Either party may bring an individual claim in small-claims court where permitted by law.
(b) Residents of the European Union, the United Kingdom, or any jurisdiction whose laws prohibit mandatory arbitration or require local adjudication may elect to have any Dispute heard in the courts of their country of residence under local consumer law.
(c) Nothing in this Agreement limits or excludes any statutory rights you may have as a consumer.

17.5 Opt-Out Right

You may opt out of this arbitration agreement within thirty (30) days after first accepting these Terms by sending written notice of your decision to opt out to the address provided in Section 20.18. Opting out does not affect any other provision of this Agreement.

18. WAIVER OF INJUNCTIVE AND EQUITABLE RELIEF

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN, AND YOU HEREBY WAIVE ANY RIGHT TO SEEK, AN INJUNCTION, SPECIFIC PERFORMANCE, OR OTHER FORM OF INJUNCTIVE AND OR EQUITABLE RELIEF THAT WOULD INTERFERE WITH OR PREVENT THE DEVELOPMENT, OPERATION, DEPLOYMENT, MODIFICATION, OR EXPLOITATION OF: (a) The Services or any part thereof; (b) The Company's websites, applications, content, products, or services; (c) Any blockchain network, smart contract, protocol, or decentralized application; (d) Any other website, application, content, product, service, or intellectual property owned, licensed, used, or controlled by any Aave App Indemnified Party or any third party; (e) Any Third-Party Service or any third party's business operations. This waiver applies even if your sole or best remedy is equitable or injunctive in nature and even if legal remedies are determined to be inadequate.

19. GOVERNING LAW AND JURISDICTION

19.1 Governing Law

This Agreement, and any dispute, claim, or controversy arising out of or relating to this Agreement or the Services, shall be governed by and construed in accordance with the substantive laws of the Cayman Islands, without giving effect to any choice of law or conflict of law provisions or rules that would cause the application of the laws of any other jurisdiction.

19.2 Jurisdiction and Venue

To the extent that any Dispute is not subject to arbitration under Section 17: (a) You irrevocably submit to the exclusive jurisdiction of the courts of the Cayman Islands for the purpose of any such Dispute; (b) You irrevocably waive any objection to venue in the Cayman Islands and any claim that the courts of the Cayman Islands are an inconvenient forum; (c) Any judgment or order issued by a court of competent jurisdiction in the Cayman Islands shall be final, conclusive, and binding on the parties.

19.3 Exclusion of UN Convention

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement or any transaction contemplated hereby.

20. GENERAL PROVISIONS

20.1 Entire Agreement

This Agreement (including these Terms, the Privacy Policy, and any other Operative Agreements incorporated by reference) constitutes the entire agreement between you and the Company regarding the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, warranties, and communications, whether written or oral, regarding such subject matter. No terms, provisions, or conditions of any purchase order, acknowledgment, or other business form that you may use in connection with the Services will have any effect on the rights, duties, or obligations of the parties under this Agreement, regardless of any failure of the Company to object to such terms, provisions, or conditions.

20.2 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator: (a) Such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if it cannot be made enforceable, it shall be severed from this Agreement; (b) The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of this Agreement; (c) The remaining provisions of this Agreement shall remain in full force and effect.

20.3 Waiver

No waiver by the Company of any provision of this Agreement or any breach thereof shall be deemed a waiver of any other provision or any subsequent breach. The Company's failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision or any other right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by an authorized representative of the Company.

20.4 Assignment

(a) Company's Right to Assign: The Company may assign, transfer, delegate, or sublicense this Agreement or any rights or obligations hereunder, in whole or in part, to any person or entity at any time without notice to you or your consent. This Agreement shall inure to the benefit of the Company's successors, assigns, licensees, and sublicensees;
(b) User's Restrictions: You may not assign, transfer, delegate, or sublicense this Agreement or any rights or obligations hereunder, in whole or in part, without the Company's prior written consent. Any attempted assignment, transfer, delegation, or sublicense without such consent shall be null and void and of no effect;
(c) Binding on Successors: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

20.5 Force Majeure

The Company shall not be liable for any delay or failure to perform any obligation under this Agreement where such delay or failure results from any cause beyond the Company's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemics, epidemics, quarantine restrictions, strikes, labor disputes, internet outages, blockchain network failures, or failures of telecommunications, internet, or computer systems.

20.6 Relationship of Parties

Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, fiduciary, employment, or similar relationship between you and the Company. You have no authority to bind the Company or to act on behalf of the Company. The Company and you are independent contractors, and neither party shall have any right or authority to assume or create any obligations or responsibilities on behalf of the other party.

20.7 Third-Party Beneficiaries

Except as expressly set forth in this Agreement (including the rights of Aave App Indemnified Parties and of Apple to enforce certain provisions), this Agreement does not create any third-party beneficiary rights in any person or entity that is not a party to this Agreement.

20.8 Language

This Agreement has been prepared in the English language, and the English language version shall control in all respects. Any translation of this Agreement is provided for convenience only, and in the event of any conflict between the English language version and any translation, the English language version shall prevail.

20.9 Headings

The section and subsection headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

20.10 Survival

All provisions of this Agreement that by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, dispute resolution provisions, and general provisions.

20.11 Interpretation

In this Agreement: (a) "including" means "including without limitation"; (b) "or" is not exclusive; (c) words in the singular include the plural and vice versa; (d) references to a person include that person's successors and permitted assigns; (e) references to "writing" include electronic communications; and (f) the word "will" shall be construed to have the same meaning and effect as the word "shall."

20.12 No Informal Waivers, Agreements, or Representations

The Company's employees, contractors, and agents are not authorized to make modifications to this Agreement or to make any representations, warranties, promises, or commitments on behalf of the Company that are inconsistent with or in addition to the terms of this Agreement. Any such statements or promises shall be null and void and shall not be enforceable against the Company.

20.13 Contact Information

For questions, concerns, or inquiries regarding this Agreement or the Services, please contact: [email protected]

20.14 Acknowledgment of Understanding

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT:

(a) YOU HAVE READ AND UNDERSTOOD THIS ENTIRE AGREEMENT;
(b) YOU AGREE TO BE BOUND BY ALL TERMS, CONDITIONS, OBLIGATIONS, REPRESENTATIONS, WARRANTIES, AND COVENANTS CONTAINED HEREIN;
(c) YOU HAVE THE LEGAL CAPACITY AND AUTHORITY TO ENTER INTO THIS BINDING AGREEMENT;
(d) YOU UNDERSTAND THE RISKS ASSOCIATED WITH BLOCKCHAIN TECHNOLOGY, SMART CONTRACTS, DIGITAL ASSETS, AND THE SERVICES;
(e) YOU ACKNOWLEDGE THAT YOU ARE WAIVING IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN CLASS ACTIONS;
(f) YOU ACCEPT THAT YOUR PRIVATE KEYS STORED IN THE EMBEDDED WALLET ARE SOLELY YOUR RESPONSIBILITY AND THAT EXPORTING THEM IS ENTIRELY AT YOUR OWN RISK;
(g) YOU UNDERSTAND THAT THIRD-PARTY SERVICES INTEGRATED WITH THE PLATFORM ARE GOVERNED BY SEPARATE THIRD-PARTY TERMS.