Self-Custodial Wallet Terms of Service

Last Updated: November 14, 2025

These terms and conditions (the "Terms") govern your use of the Grateful self-custodial wallet and related services (the "Grateful Wallet") made available by Exodus Movement, Inc. ("Exodus" or the "Company").

BY USING THE GRATEFUL WALLET, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE ENTITY (WHETHER OR NOT SUCH ENTITY IS REGISTERED OR INCORPORATED UNDER THE LAWS OF ANY JURISDICTION) YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THE TERMS OF USE; AND (4) YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES COMPLIES WITH THE LAWS OF YOUR JURISDICTION. THE TERM "YOU" REFERS TO THE INDIVIDUAL OR ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE GRATEFUL WALLET.

The Grateful Wallet does not function as, and Exodus is not, an exchange, trust company, money transmitter, payment processor, licensed broker, dealer, broker-dealer, investment advisor, investment manager, or adviser. Neither the Company nor the Grateful Wallet gives, offers, or renders investment, tax, or legal advice.

THE GRATEFUL WALLET IS SOFTWARE PROVIDED BY EXODUS THAT ALLOWS YOU TO MANAGE SELF-CUSTODIED DIGITAL ASSETS AND OTHERWISE WRITE TRANSACTIONS THAT MAY BE EXECUTED ON THIRD-PARTY BLOCKCHAINS AND OTHER THIRD-PARTY SERVICES (DEFINED BELOW) INVOLVING OTHER USERS OF THE GRATEFUL WALLETS AS WELL AS THIRD PARTIES. BY USING THE GRATEFUL WALLET, YOU AGREE AND UNDERSTAND THAT THE PRODUCT IS NOT SUPERVISED, LICENSED, OR ENDORSED BY ANY FINANCIAL SERVICES AUTHORITY AND IS NOT AFFILIATED WITH ANY REGULATED ENTITY.

The Grateful Wallet was not developed for, and is not offered to persons or entities who reside in, are citizens of, are located in, are incorporated in, or have a registered office or principal place of business in any country where it is unlawful for you to avail yourself of same, or any country subject to any sanctions or restrictions pursuant to any applicable law, including the Crimea Region, Cuba, Iran, North Korea, Syria, Russia, or any other country to which any jurisdiction embargoes goods or imposes sanctions, or any jurisdictions in which the transacting of cryptocurrencies is prohibited or restricted in any form or manner (collectively, the "Restricted Jurisdictions" and each a "Restricted Jurisdiction") or any person who resides in, is owned, controlled, or located in or organized under the laws of any restricted jurisdiction or affiliated with any such person, any person listed on any sanctions list maintained by any jurisdiction, or a resident of or located in any country or jurisdiction that restricts access to or prohibits use of digital assets or crypto currencies (collectively, "Restricted Persons" and each a "Restricted Person"). If you are a restricted person or located in a restricted jurisdiction or acting on behalf of a restricted person or a person or entity in a restricted jurisdiction, then do not use or attempt to use the Grateful Wallet or make use of any technology or mechanism, such as a virtual private network, to circumvent or attempt to circumvent the restrictions set forth herein.

By using the Grateful Wallet, you represent that: (a) you are not a Restricted Person and (b) you will not coordinate, conduct or control (including in substance or effect, making decisions with respect to) your use of the Grateful Wallet from within any Restricted Jurisdiction or for the benefit of a Restricted Person.

You agree that you are not permitted to modify, disassemble, decompile, adapt, alter, translate, reverse engineer or create derivative works of the Grateful Wallet to make it available to any restricted persons or in any restricted jurisdiction.

We reserve the right, in our discretion, to block or restrict access to the Grateful Wallet for any reason or no reason, including for a suspected violation of these Terms or if we reasonably believe your activities fall into a high-risk category as determined in our sole discretion. Further, you acknowledge and agree that we do not guarantee the removal of all potentially high-risk users or digital wallets from using the Grateful Wallet, nor do we commit to ongoing monitoring for such purposes. Additionally, given the permissionless nature of blockchain technology, we may not have the ability to prevent or restrict access by certain users or addresses. YOU HEREBY HOLD US, OUR AFFILIATES, AND EACH OF OUR RESPECTIVE LICENSORS, SERVICE PROVIDERS, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, REPRESENTATIVES, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY DAMAGES, LOSSES, COSTS, EXPENSES, CLAIMS, JUDGMENTS, AWARDS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS' FEES), OR LIABILITIES (COLLECTIVELY, "LOSSES") ARISING IN CONNECTION WITH ANY DEACTIVATION, BLOCKING, ACCESS TO OR LACK OF ACCESS TO THE GRATEFUL WALLET. YOU ACKNOWLEDGE AND AGREE TO ALL RISKS ASSOCIATED WITH THE USE OF THE GRATEFUL WALLET AND UNDERSTAND THAT WE ARE NOT RESPONSIBLE FOR BLOCKING OR REMOVING, OR FOR FAILING TO REMOVE OR BLOCK, ACCESS TO ANY USERS WHO MAY PRESENT A RISK.

1. The Grateful Wallet Service

The Grateful Wallet is a non-custodial product that allows you to: (a) generate, manage and control the private and public cryptographic keys (the "Keys") necessary for conducting transactions on blockchain networks; (b) store, send and receive supported digital assets with other users or third parties; (c) interact with third-party decentralized applications ("dApps") and smart contracts; and (d) view and manage your transaction history on various blockchain networks.

You acknowledge that when using the Grateful Wallet, your account is personal to you, and agree not to provide any other person or entity with access to the Grateful Wallet or portions thereof. You acknowledge that it is your responsibility to protect your digital wallet and Wallet passkey, passphrase, or Keys, where relevant. If you lose control over your Keys, you may lose your digital assets. We are not responsible for securing your Grateful Wallet or for the assets held in the wallet if someone steals your Keys or obtains access to them. It is your responsibility to establish a means for securing your Keys. We do not at any time have custody of or control over your passkeys, Keys or digital assets and we cannot assist you in recovering your Keys or digital assets if they are lost or stolen or if the backup or security measures that you have established are compromised. You hereby indemnify and hold the indemnified parties harmless from and against any losses arising in connection with the use of the Grateful Wallet by unauthorized parties.

Please note that all transactions conducted through the Grateful Wallet are final and irreversible. Due to the immutable nature of blockchain technology, once a transaction is submitted and recorded on the applicable blockchain, it cannot be canceled, reversed or refunded. You understand and agree that you are not entitled to any credit, refund or reversal for any completed transaction.

ANY LOSSES YOU SUFFER RELATING TO YOUR DIGITAL ASSET TRANSACTIONS AND PASSKEYS OR KEYS AND WALLETS OR YOUR GRATEFUL WALLET ARE YOUR SOLE RESPONSIBILITY, AND YOU HEREBY INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY LOSSES THAT YOU OR ANYONE ELSE SUFFERS IN CONNECTION WITH YOUR DIGITAL ASSET TRANSACTIONS, INCLUDING FAILURE OR MALFUNCTION IN THE UNWRAPPING OR REDEMPTION OF DIGITAL ASSETS RESULTING FROM ERRORS, INTERRUPTIONS OR DEFECTS IN THE UNDERLYING TECHNOLOGY OR PROTOCOL.

2. Your Responsibilities

2.1 Ownership and Control.

You retain full ownership and control over all digital assets held in your Grateful Wallet. Your use of the Grateful Wallet does not transfer any ownership rights or title to your digital assets to Exodus or its affiliates. Subject to service outages, scheduled downtime, or other applicable terms, you may withdraw your digital assets from your Grateful Wallet at any time by transferring them to a different wallet.

2.2 Security.

You are solely and entirely responsible for maintaining the security, confidentiality and safety of your Keys, your recovery phrase (the "Recovery Phrase"), your passwords, your passkey, and any other credentials associated with your Grateful Wallet, where applicable. Likewise, You are solely responsible for any and all activities that occur during your use of the Grateful Wallet. Any security breach, including but not limited to unauthorized access, data loss, or system compromise that arises from or is connected to your use of the Grateful Wallet or your failure to implement and maintain security measures is your sole responsibility. We expressly disclaim all liability for any claims, damages, or losses of any kind arising from any breach.

2.3 Backup and Recovery.

You must create and maintain a secure, offline backup of your Recovery Phrase. The Recovery Phrase is the only method to restore access to your Grateful Wallet and the digital assets within it if you lose access to your device or password. If you lose your Recovery Phrase, you may permanently and irreversibly lose access to your digital assets. The Company does not store your Recovery Phrase, does not have any control over your Recovery Phrase and has no ability to recover it for you.

2.4 Smart Contracts.

The Grateful Wallet may incorporate self-executing software programs written into lines of code and executed by a blockchain network or private network ("Smart Contracts") created by the Company or by third parties. In particular, you may be able to access protocols through the Grateful Wallet that are open-source self-executing smart contracts deployed on various permissionless public blockchains, such as Ethereum. Grateful does not control or operate any version of these Smart Contracts on any blockchain network. Any Smart Contract that you use or that you and any other user enter into is a private arrangement between you and that other user. The Company does not act as an intermediary in relation to any transactions facilitated through the use of Smart Contracts (whether involving your Grateful Wallet or otherwise).

2.5 Compliance.

You agree to use the Grateful Wallet in compliance with all applicable laws and regulations. Without limiting the foregoing, you agree:

(a) You will not use the Grateful Wallet for any purpose that does not comply with applicable law or infringes the rights (including intellectual property rights) of Exodus or any other person.

(b) You will not use the Grateful Wallet for commercial purposes other than as expressly permitted by these Terms or any supplemental terms, or otherwise with our express written permission.

(c) You will not use the Grateful Wallet to impersonate any person or any organization, or otherwise mislead users regarding your identity.

(d) You will not engage in any conduct that restricts or inhibits anyone's use of the Grateful Wallet and the related services, including any action that affects the security or functionality of any other user's Grateful Wallet).

(e) You will not use the Grateful Wallet in such a way which is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.

(f) You will not access, or to attempt to access, another user's Grateful Wallet, Keys or other security information on any third-party service that provides access to such user's Grateful Wallet or Keys.

(g) You will not compromise, or to attempt to compromise, the security of any computer network, or to crack any passwords or encryption codes.

(h) You will not use the Grateful Wallet and related services in any manner which could disable, damage, or impair such services.

(i) You will not use the Grateful Wallet to carry out any financial activities subject to registration or licensing, or in violation of financial services laws and regulations;

(j) You will not attempt to access any Grateful Wallet you do not have the legal authority to access;

3. Risk Disclosures

Your use of the Grateful Wallet is subject to significant risks, which you acknowledge and accept. Some of these risks may include, but are not limited to:

3.1 Loss of Access.

The loss or compromise of your Keys or Recovery Phrase may result in the permanent and irreversible loss of access to all digital assets stored in your Grateful Wallet.

3.2 Volatility.

The value of digital assets is highly volatile and can fluctuate dramatically.

3.3 Regulatory Risk.

The legal and regulatory landscape for digital assets is uncertain and subject to change and could impact your use of the Grateful Wallet.

3.4 Security Risks.

The Grateful Wallet, and the networks it interacts with, may be subject to security breaches, hacking or other malicious attacks that could result in the loss of your digital assets.

3.5 Timing.

Transactions you engage in on the blockchain may occur at a time different than what you intended, and therefore cause you losses you did not expect, or to incur gas fees that may change based on the time the transaction occurs.

3.6 No Backing.

Digital assets are not backed by any government and do not constitute legal tender. Digital assets may not be subject to the national or international laws that protect consumers' deposits or investments or other similar protections offered by governmental bodies.

3.7 Services Not Regulated.

The Grateful Wallet is a software solution provided through Exodus as software developer and technology provider, and does not involve the provision of any regulated financial activity or financial services. The Company cannot access or manipulate assets held in your Grateful Wallet and does not have any custody or control over said assets.

YOU AGREE AND UNDERSTAND THAT WE WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES IN CONNECTION WITH YOUR USE OF THE GRATEFUL WALLET, OR ANY BLOCKCHAIN TECHNOLOGIES AVAILABLE THROUGH OR FROM IT, OR YOUR ENGAGING IN DIGITAL ASSET TRANSACTIONS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE RISKS SET FORTH IN THIS SECTION, AND YOU HEREBY HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY LOSSES RELATED TO YOUR USE OF THE GRATEFUL WALLET, INCLUDING BUT NOT LIMITED TO, IN CONNECTION WITH ANY DELAYS OR ERRORS RELATED TO OUR TECHNOLOGY, THE TRANSACTION OF YOUR DIGITAL ASSETS, OR THE TIMING OF SUCH TRANSACTIONS, AND YOUR USE OF THE GRATEFUL WALLET, WHICH YOU AGREE YOU USE AT YOUR SOLE RISK.

4. Third-Party Services

The Grateful Wallet may provide access to third-party services, including dApps and decentralized exchanges. We do not endorse, control, or assume any responsibility for these third-party services. Your use of any third-party service is entirely at your own risk and is subject to the terms and conditions of that third party.

5. Fees

We do not charge fees for the use of the Grateful Wallet. However, to conduct a transaction on a blockchain network, you may be required to pay a network fee (e.g., "gas" fee). Likewise, you may incur charges from third parties for use of linked services. For example, you may be charged fees for dApps that you may access via the Grateful Wallet. Third party fees are not charged by us and are not paid to us. These fees are set by the network or third party, where relevant, and are your sole responsibility.

You are entirely responsible for any tax liability which may arise from purchasing or reselling digital assets and any other activities you engage in while using technologies available through the Grateful Wallet or which occur as a result of your activities on such technologies. It is your responsibility to ensure that you have accounted for, reported to the proper governmental authority, and paid all such taxes to the applicable taxing authority. We do not undertake any obligation to report any taxes, nor collect or disburse them on your behalf. You also acknowledge and agree that if we are requested to provide data about your usage of the Grateful Wallet to a tax authority or government agency, we may do so even if we are not compelled to do so.

UNDER NO CIRCUMSTANCES SHALL WE INCUR ANY LIABILITY, OF ANY KIND, IN CONNECTION WITH FEES CHARGED BY THIRD PARTIES. YOU HEREBY INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY LOSSES IN CONNECTION WITH FEES RELATED TO THE GRATEFUL WALLET AND ANY THIRD-PARTY TECHNOLOGIES, OR ARISING IN CONNECTION WITH TAXES YOU MAY OWE.

6. Intellectual Property

All intellectual property rights in the Grateful Wallet, including its software, trademarks, and logos, are owned by us or our licensors. You understand that we may update the functionality of the Grateful Wallet from time to time. All further updates and releases shall be subject to these Terms.

Your use of the Grateful Wallet does not grant you any rights to our intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as necessary to use the Grateful Wallet), or create derivative works based on the Grateful Wallet. You may not claim or register ownership of the Company's intellectual property on your behalf or behalf of others; sublicense any rights in granted by us; import or export the Grateful Wallet and related intellectual property to a person or country in violation of any country's export control laws; use the Grateful Wallet or associated intellectual property in a manner that violates these Terms or applicable law; or, attempt to do any of the foregoing.

7. Prohibited Uses

You may use the Grateful Wallet only for lawful purposes and in accordance with these Terms. You agree not to use the Grateful Wallet:

7.1

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

7.2

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

7.3

To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam", or any other similar solicitation.

7.4

To impersonate or attempt to impersonate us, one of our employees, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing); or

7.5

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Grateful Wallet, or which, as determined by us, may harm us or users of the Grateful Wallet or expose them or us to liability.

7.6

In any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Grateful Wallet, including their ability to engage in real time activities through the Grateful Wallet;

7.7

Use any device, software, or routine that interferes with the proper working of the Grateful Wallet;

7.8

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

7.9

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Grateful Wallet, or any technology connected to it;

7.10

Copy, mirror or otherwise attempt to replicate or reproduce the Grateful Wallet; or

7.11

Otherwise attempt to interfere with the proper working of the Grateful Wallet.

8. Disclaimers

THE GRATEFUL WALLET IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY, IMPLIED OR OTHERWISE. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE GRATEFUL WALLET RELIES ON EMERGING TECHNOLOGIES, INCLUDING BLOCKCHAIN-BASED TECHNOLOGIES AND DIGITAL ASSETS. THERE ARE RISKS ASSOCIATED WITH USING DIGITAL ASSETS, INCLUDING, BUT NOT LIMITED TO, HARDWARE, SOFTWARE, AND INTERNET CONNECTIONS; THE RISK OF MALICIOUS SOFTWARE INTRODUCTION; THE RISK THAT THIRD PARTIES MAY OBTAIN UNAUTHORIZED ACCESS TO INFORMATION STORED WITHIN YOUR DIGITAL WALLET; THE RISKS OF COUNTERFEIT ASSETS, MISLABELED ASSETS, ASSETS THAT ARE VULNERABLE TO METADATA DECAY, ASSETS ON SMART CONTRACTS WITH BUGS, AND ASSETS THAT MAY BECOME UNTRANSFERABLE; AND THE RISK THAT SUCH DIGITAL ASSETS MAY FLUCTUATE IN VALUE. YOU ACKNOWLEDGE THAT BY USING THE GRATEFUL WALLET, YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS. YOU REPRESENT THAT YOU ARE FINANCIALLY AND TECHNICALLY SOPHISTICATED ENOUGH TO UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS, AND THAT YOU HAVE A WORKING KNOWLEDGE OF THE USAGE AND INTRICACIES OF DIGITAL ASSETS SUCH AS ETHER (ETH) AND OTHER DIGITAL TOKENS, SUCH AS THOSE FOLLOWING THE ERC-20 TOKEN STANDARD. IN PARTICULAR, YOU UNDERSTAND THAT WE DO NOT OPERATE THE ETHEREUM PROTOCOL OR ANY OTHER BLOCKCHAIN PROTOCOL, COMMUNICATE OR EXECUTE PROTOCOL UPGRADES, OR APPROVE OR PROCESS BLOCKCHAIN TRANSACTIONS ON YOUR BEHALF. YOU FURTHER UNDERSTAND THAT BLOCKCHAIN TECHNOLOGIES PRESENT THEIR OWN RISKS OF USE, THAT BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE, THAT YOUR PRIVATE KEY AND RECOVERY PHRASE MUST BE KEPT SECRET AT ALL TIMES, THAT WE WILL NOT STORE A BACKUP OF, NOR WILL BE ABLE TO DISCOVER OR RECOVER, YOUR PRIVATE KEY OR RECOVERY PHRASE, THAT DIGITALLY COPYING AND STORING YOUR RECOVERY PHRASE ON A CLOUD STORAGE SYSTEM OR OTHER THIRD PARTY SUPPORTED DATA STORAGE, INCLUDING YOUR PERSONAL DEVICE, MAY INCREASE THE RISK OF LOSS OR THEFT, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY APPROVALS OR PERMISSIONS YOU PROVIDE BY CRYPTOGRAPHICALLY SIGNING BLOCKCHAIN MESSAGES OR TRANSACTIONS, ESPECIALLY THOSE RESPONDING TO SOLICITATIONS AND OTHER PROMPTS FROM THIRD PARTIES. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR VERIFYING THE LEGITIMACY OR SAFETY OR SUITABILITY OF ANY THIRD PARTY APPLICATIONS OR TOKENS THAT YOU MAY INTERACT WITH OR RECEIVE USING THE GRATEFUL WALLET.

YOU FURTHER UNDERSTAND AND ACCEPT THAT DIGITAL ASSETS PRESENT MARKET VOLATILITY RISK, TECHNICAL SOFTWARE RISKS, REGULATORY RISKS, AND CYBERSECURITY RISKS. YOU UNDERSTAND THAT THE COST AND SPEED OF A BLOCKCHAIN-BASED SYSTEM IS VARIABLE, THAT COST MAY INCREASE DRAMATICALLY AT ANY TIME, AND THAT COST AND SPEED IS NOT WITHIN OUR CONTROL. YOU UNDERSTAND THAT PROTOCOL UPGRADES MAY INADVERTENTLY CONTAIN BUGS OR SECURITY VULNERABILITIES THAT MAY RESULT IN LOSS OF FUNCTIONALITY AND ULTIMATELY FUNDS.

YOU UNDERSTAND AND ACCEPT THAT WE DO NOT CONTROL ANY BLOCKCHAIN PROTOCOL. YOU UNDERSTAND AND ACCEPT THAT WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR ANY THIRD PARTY SERVICE. YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR ANY TRANSACTIONS THAT YOU ENGAGE IN WITH REGARD TO SUPPORTING ANY BLOCKCHAIN PROTOCOL. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR THE REGULATORY STATUS OR TREATMENT IN ANY JURISDICTION OF ANY DIGITAL ASSETS THAT YOU MAY ACCESS OR TRANSACT WITH USING THE GRATEFUL WALLET. YOU EXPRESSLY ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE GRATEFUL WALLET TO INTERACT WITH BLOCKCHAIN TECHNOLOGIES.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE GRATEFUL WALLET, INCLUDING, BUT NOT LIMITED TO: (I) UNAUTHORIZED ACCESS TO YOUR GRATEFUL WALLET; (II) ANY ERRORS OR OMISSIONS IN THE GRATEFUL WALLET SOFTWARE; OR (III) YOUR USE OF ANY THIRD-PARTY SERVICES. YOU AGREE THAT OUR TOTAL AGGREGATE LIABILITY RELATED TO THE GRATEFUL WALLET AND YOUR USE THEREOF SHALL NOT EXCEED ONE HUNDRED US DOLLARS ($100.00).

10. Indemnification

You agree to indemnify and hold us harmless from and against any and all claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the Grateful Wallet or your violation of these Terms or applicable law.

11. Governing Law and Dispute Resolution

All matters relating to these Terms or the Grateful Wallet, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the state of Texas without giving effect to any choice or conflict of law provision or rule. All such disputes, claims and controversies arising hereunder, including but not limited to breach, termination, enforcement, interpretation, or validity thereof (and including the determination of the scope or applicability of this arbitration provision) shall be resolved by final and binding arbitration administered by JAMS, an established alternative dispute resolution provider, in accordance AMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/ for claims and counterclaims under $250,000; or JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/ for all other claims (collectively the "Rules") then in effect. The arbitration shall be conducted in New York City, New York, in the United States before a single arbitrator selected in accordance with the Rules. Judgment on the award may be entered in any court having jurisdiction. Each party shall bear its own costs and attorneys' fees, and the parties shall share equally the arbitrator's fees and JAMS administrative fees, unless the arbitrator determines otherwise, unless the arbitrator determines the claims to be frivolous in which case you will be responsible for such administrative fees.

THE PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. The parties are instead electing that all claims and disputes will be resolved by arbitration under this Section. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration.

THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THESE TERMS DO NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE GRATEFUL WALLET MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

12. Feedback

Any suggestions, comments, ideas, improvements, or other information or materials you provide to the Company concerning the Grateful Wallet (collectively, "Feedback") are voluntarily submitted. You acknowledge that any Feedback you provide will not be considered confidential information. By submitting Feedback, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, create derivative works of, distribute, and otherwise exploit such Feedback for any purpose, without restriction or compensation to you. You hereby waive any and all rights you may have in the Feedback.

13. Privacy Policy.

Please refer to our Privacy Policy for information on how we may collect, use or disclose information from you in connection with Grateful Wallet.

14. General Provisions

14.1 Entire Agreement.

These Terms constitute the entire agreement between you and us regarding the Grateful Wallet.

14.2 Amendment.

We may modify these Terms at any time. Your continued use of the Grateful Wallet after any changes constitutes your acceptance of the new Terms.

14.3 Termination.

We may suspend or terminate your access to the Grateful Wallet at our discretion, with or without notice, at any time in our sole discretion.

14.4 Assignment.

You may not assign these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

14.5 Waiver.

No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14.6 Severability.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.