TERMS AND CONDITIONS

Last updated on June 27, 2024

1. INTRODUCTION

These Terms and Conditions ("Terms") are entered into between you ("User", "you" or "your") and Pistachio Fi. Inc. ("Pistachio", "we", "us" or "our").

It is your responsibility to read these Terms together with the provisions set forth in our Privacy Policy (here) carefully before using this Site or Services (as defined below). By accessing, registering, downloading, using, clicking on information pertaining to the Services, tools and information made available through this Site in any capacity, you agree that you have read, understood, accepted and agree to be bound by these Terms as well as our Privacy Policy when using this Site. If you do not agree to these Terms and our Privacy Policy, you should immediately stop using this Site and the Services. In addition, when using some Services, you may also be using the products or services of one or more third parties and you may be subject to specific additional terms and conditions applicable to those features and services provided by Third Party Service Providers and Operators, and you agree to be bound by the additional terms and conditions with such providers and where applicable Third Party Service Providers and third-party Operators. You represent to us that you are lawfully able to enter into contracts. If you are entering into these Terms for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.

We reserve the right to modify or amend these Terms, the Site, any Content (as defined below) or Services on the Site, from time to time, or discontinue any Services, including for security, legal, business-related or regulatory reasons, or to reflect updates or changes to the functionality of the Site or Services. For further clarification, we reserve the right to modify or amend these without any reason. You are advised to check these Terms periodically to ensure that you are aware of and are complying with the terms of the then existing current versions. Changes are binding on all Users of the Site and Services and will take effect immediately from the posting of the revised documentation on the Site. You agree to be bound by such variation and your continued use of the Site, Services, tools or information made available shall constitute your acceptance of such variation. We will use commercially reasonable efforts to communicate to you any material changes or discontinuation of a Service through the Site or public communication channels.

We will indicate on our Site, by email or other electronic notice, that the Terms have changed. You accept that by doing so, we have provided you with sufficient notice of such a change.

You must seek and we assume that you have sought professional advice regarding any tax and legal requirements with which you must comply in relation to you being a user of this Site, our tools, and Services. We assume that you have carefully reviewed whether trading or holding Digital Assets is suitable for you and you acknowledge that you are dealing with digital assets on the Platform at your own risk.

Please note that Pistachio is not registered with financial or banking authorities and does not offer securities or monetary services.

There are substantial risks with using blockchain technology, wallets, and Digital Assets. You acknowledge that you understand and consider such risks.

2. DEFINITIONS

"Applicable Laws" means any acts, statutes, regulations, ordinance, treaties, guidelines, policies issued by any governmental organizations, intergovernmental organizations or regulatory bodies, applicable to us or you.

"Pistachio Account" means a virtual account which is opened with Pistachio by Users to utilize the Services and to record basic user information, subject to terms provided herein. Pistachio Accounts serve as the basis for Users to enjoy and exercise any transactions and Services on the Site. The Pistachio Account is not a bank account, deposit account, savings account, or any other type of asset account and should not be characterized as a banking or financial product or service.

"Content" means all contents of Site, including any logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text and other written and multimedia materials, and requirement, product, services, advertising material, software, code as well as any data, files, archives, folders or downloads available on Site.

"Digital Assets" means crypto assets and/or cryptographic tokens which are digital representations of value based on (or built on top of) a cryptographic protocol of a computer network, which are available to trade or custody by Pistachio Account.

"Fiat" or "Fiat Currency" means government issued currency that is designated as legal tender in its country of issuance through government decree, regulation, or law.

"Services" refer to various services provided to you by Pistachio, its third-party service providers or Operators that are based on internet and/or blockchain technologies and offered via the Site and other forms (including new ones enabled by future technological development).

"Site" means the website, any mobile application and any other official Pistachio channels made available for access to use the Services and being subject to revision periodically.

"Smart Contract Provider" means a smart contract provider who has issued and published the smart contract which allows for Users to provide Digital Assets as further defined under such smart contract.

"Third Party Service Provider" means a third party who provides services related to the Services or in connection to or tools related to those services, who does not fall under the ownership of Pistachio.

"Wallet" means digital non-custodial (or self-custodial, or unhosted) wallet provided by Pistachio for storing Digital Assets and conducting several transactions with such Digital Assets as allowed under the Site and related wallet software.

3. SERVICE RESTRICTIONS

Prohibited Jurisdictions

You are not permitted to access or use the Site or Services if you are located in, or are a resident or citizen of, any state, country, territory, or other jurisdiction that is embargoed by the United States or identified as a Specially Designated National (SDN) or placed on the sanctions list maintained by the U.S. Office of Foreign Assets Control (OFAC). This includes, but is not limited to, countries such as North Korea, Iran, Syria, Sudan, and Cuba.

By using the Site or Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited jurisdiction. We reserve the right to refuse service, block, or close accounts associated with users from these jurisdictions.

You are responsible for compliance with all Applicable Laws regarding your access to and use of the Site and Services in your location. If you are unsure whether your use of the Site or Services is lawful, please consult with legal counsel.

4. REGULATION AND RISK

Your Pistachio Account is not a bank account, deposit account, savings account or any other type of asset account and should not be treated or characterized as a banking product or service. Pistachio Account does not facilitate the storage or sending of fiat currencies and Pistachio is not authorized to conduct regulated activities by any regulator anywhere in the world. The digital assets that you manage through Pistachio are not covered or underwritten by any regulatory guarantees or compensation schemes.

We do not give any advice, warranty, guarantee or representation about the visibility of Pistachio or the Services and if you are unsure as to whether Pistachio is suitable or appropriate to you, you should ask an advisor to give you independent expert advice. We set out below some of the risks of using the Services, for informative purposes, but it is not a definitive list. Whilst we might seek to mitigate these risks, we are not responsible for any loss to you if they materialize. By accessing or using the Services, you expressly acknowledge and assume the risks as follows:

Pistachio does not provide any legal, tax or financial advice and you are strongly advised to obtain legal, tax and financial advice before using Services. Pistachio is not your bank, broker, intermediary, agent, or legal advisor and there is no fiduciary relationship or obligation to you in connection with any trades or decisions or activities affected by you using the Services.

No communication or information provided to you by Pistachio is intended as or shall be considered or construed as investment advice, financial advice, trading advice, legal advice, or any other sort of advice. Unless otherwise specified in these Terms, all transactions and acts are executed automatically based on the parameters of your instructions and acts or through smart contracts and in accordance with execution procedures provided under the related smart contracts, and you shall be solely responsible for determining whether any service, saving, investment, strategy or related transaction is appropriate for you according to your objectives, financial circumstances and risk tolerance. You shall be solely responsible for any loss or liability therefrom.

Before utilizing any service or making any investment decisions, you should conduct your own due diligence. Pistachio shall not be liable for the decisions you make to access or use the Services.

The regulatory framework on Digital Assets and Services is still developing and future regulatory changes may require us to make changes which could have an impact on our ability to provide the Services in the future. By using the Services or Site you provide that you are eligible to use the Services and Site.

Pistachio utilizes Third Party Service Providers to perform or to assist us in providing the Services. You agree and understand that Pistachio will not be liable to you for any loss or damage, of any sort incurred as the result of such dealings. You understand that your use of Third Party Service Providers and your interactions with such third parties are at your own risk.

You acknowledge that we cannot guarantee, nor are we in any way responsible for, the acts or omissions of third parties including without limitation any Third Party Service Provider or for the performance of their products or services that may relate or otherwise be relevant to the Services. Such products and services are made available (directly or indirectly) by such third parties, and we do not make any express or implied warranties or conditions, including quality, merchantability, fitness for a particular purpose, title and non-infringement. You expressly agree that we shall not be held liable for, and you assume the risk of any matters arising out of or relating to the actions and omissions of such third parties or their products and services.

Our Services rely on smart contracts, blockchain, Digital Assets, services provided by third parties including Third Party Service Providers and emerging technologies. By using the Services, 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 Smart Contracts, Digital Assets and other digital tokens and software.

You control your own Wallet and private keys. You acknowledge that we split up the private key and back it up to Your cloud (the key that's saved on their phone) and a portion of the key is backed up to ‘Our’ servers to assist ‘You' in the recovery function. We do not operate blockchain protocols, communicate or execute protocol upgrades, or approve or process blockchain transactions on behalf of you. 

You further understand that blockchain protocols, Digital Assets, Smart Contracts, and related software and their use present their own risks of use, including 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, and that cost may increase dramatically at any time.

You understand that this is a new technology, and that underlying protocols, smart contracts, and systems may inadvertently contain bugs or security vulnerabilities that may result in significant loss.

5. PISTACHIO ACCOUNT

In order to benefit from Services, you will first need to register for a Pistachio Account. All Users shall apply for a Pistachio Account on our Site before accessing or using the Services. When you register for a Pistachio Account, you agree to provide complete and accurate information and documentation which includes your email address and/or mobile phone number as required, and confirm your acceptance of these Terms, the Privacy Policy, and other rules and agreements as published from time to time on Site. You also agree to periodically update your information provided to Pistachio to maintain the integrity and accuracy of your information. However, at our sole discretion and without liability to you, Pistachio may refuse to open a Pistachio Account if your information has been deemed outdated, incomplete, or incorrect. Pistachio may require additional criteria or procedures for Users to apply for a Pistachio Account, such as an application through a Third Party Service Provider.

By applying for a Pistachio Account, you represent and warrant that:

• You are at least 18 years old, have full legal capacity, and sufficient authorization to enter into these Terms;

• You have not been previously suspended or forbidden from using the Services; and

• Your access or use of the Services shall not violate any Applicable Laws or regulations.

Please note that some products and services may not be available in certain jurisdictions or regions or to certain users. Pistachio reserves the right to change, modify or impose additional restrictions at its discretion at any time on a specific category of Users.

You should be solely responsible for the safekeeping of your Pistachio Account and password and be responsible for all the transactions under your Pistachio Account. Pistachio assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent, or submission of various rules and agreements by clicking on the Site, and online agreement renewal. You are responsible for all activities that occur under your account, regardless of whether the activities are authorized by you or undertaken by you, your employees, or a third party, and we are not responsible for unauthorized access to your account, including any access that occurred as a result of fraud, phishing, or other criminal activity perpetrated by third parties. You acknowledge that unauthorized modification of software (such as iOS or Android) such as jailbreak can pass security features and cause numerous issues and security vulnerabilities; hackers may steal your personal information including your passwords, damage your device, attack your network, or introduce malware, spyware, or viruses.

By creating a Pistachio Account, you hereby agree that: (i) you will notify Pistachio immediately if you are aware of any unauthorized use of your Pistachio Account and password or any other violation of security rules; (ii) you will strictly abide by all mechanisms or procedures of Pistachio regarding security, authentication, trading, charging, and withdrawal; and (iii) you will take appropriate steps to log out from Pistachio at the end of each visit.

6. SERVICES

Upon successful completion of the registration for your Pistachio Account, you may use the Services in accordance with the provisions of these Terms. Pistachio has the right to:

• Provide, modify, or terminate, in its discretion, any of the Services based on its development plan; and

• Allow or prohibit some Users’ use of any or all of the Services in accordance with relevant platform rules.

In order to benefit from Services, you will first need to deposit your Digital Assets into a Pistachio Account.

When you transfer Digital Assets to Pistachio, they will be held in your Wallet in accordance with these Terms.

The Site and Services may provide access to or link to third-party services, Third Party Service Providers, Smart Contracts, and other apps and sites. The Services enable you to access this by enabling a frontend software link within the Site, by depositing Digital Assets, or otherwise. When accessing third parties, Third Party Software Providers' services, or Smart Contracts, you understand that you are at no time transferring your assets to us. We provide access to these third-party tools, services, and smart contracts only as a convenience, do not warrant or are not responsible for the availability or legitimacy of the content, products, assets, or services on or accessible from those; and there can be high risks of illiquidity, devaluation, lockup, or loss.

We reserve the right to limit the availability of the Site, Wallet, or Services to any person, geographic area, or jurisdiction we so desire and/or terminate your access to and use of the Site, at any time and in our sole discretion. We may, at our sole discretion, impose limits or restrictions on the use you make of the Site. Further, for commercial, security, technical, maintenance, business, legal, or regulatory reasons, or due to any breach of these Terms or any of the terms of our Third-Party Service Providers, or due to our own discretion, we may withdraw the Site or your access to the Site at any time and without notice to you.

Our fees, commissions, benefits, and rates are as published on the Site and/or Smart Contract and to the extent applicable may be revised at any time at the sole discretion of Pistachio. We will notify you of changes to these rates by email or via the Site. You will be treated as accepting any change unless you inform us you do not agree to the change, in which case you can withdraw your Digital Assets from Pistachio. Any change in the value of Digital Assets provided to the Smart Contract or Pistachio Wallet is at your risk.

Subject to these Terms and Smart Contract, you have the right to demand complete or partial withdrawal of your Digital Assets at any time through a complete or partial withdrawal from the Smart Contract to your Wallet. Such withdrawals will terminate in whole or in part your connection to the Smart Contract and the yield accrued so far on such withdrawn Digital Assets will be calculated in accordance with the Smart Contract Terms.

Pistachio does not control the underlying software protocols which govern the operation of Digital Assets. Generally, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them. Pistachio, or Third-Party Service Providers do not assume responsibility for the operation of the underlying protocols and do not guarantee the functionality or security of network operations. At any time, the underlying protocols may materially affect the availability, value, functionality, of the Digital Assets. Similarly, the Smart Contract is published by the Smart Contract Provider. You should review, understand and consult with professional technical advisors to understand the functions of such underlying smart contracts and software. You acknowledge and accept the risks of operating changes to Digital Asset protocols and agree that we, or Third-Party Service Providers are not responsible for such operating changes and not liable for any loss of value you may experience as a result of such changes in operating rules.

7. PISTACHIO WALLET

Your Wallet is a fully non-custodial wallet that gives you total control of your Digital Assets. You expressly acknowledge and agree that use of the Wallet (including any private key storage service offered as part of the Services) and Digital Assets held in Wallet is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. Use of any private key storage service included as part of the services is offered to you as a convenience, subject to the limitations in these Terms. You are in control of and responsible for storing and securing your private key and recovery phrase for the Wallet. If you lose your private key or recovery phrase, then you will lose access to all Digital Assets you have stored in your Wallet. Do not lose your private key and recovery phrase. You should always backup your Wallet private access key via secondary means.

You agree to hold Pistachio and its affiliates harmless for any losses arising from you losing your private key or recovery phrase. You agree that Pistachio and its affiliates shall not be liable in any way if you lose your private keys or recovery phrase and cannot access your wallet and/or digital assets.

Your Wallet is intended solely for proper use of supported Digital Assets as designated on the Pistachio Site. Under no circumstances should you attempt to use your Wallet to store, send, request, or receive any assets other than supported Digital Assets. Pistachio assumes no responsibility in connection with any attempt to use your Wallet with Digital Assets that we do not support. You acknowledge and agree that Pistachio is not liable for any unsupported Digital Asset that is sent to a Wallet. Pistachio may in its sole discretion terminate support for any particular Digital Asset.

Pistachio will not provide any fraud management methods such as blacklisting due to the non-custodial nature of the Wallet. However, Pistachio, as a legal entity, is required to follow legal and regulatory laws, decisions, and requests and accordingly will comply with all legal and duly submitted requests, to the best of its abilities.

The title to the Digital Assets held in your Wallet shall at all times remain with you and shall not transfer to Pistachio. You hereby represent and warrant to us at all times during which you maintain a balance in your Wallet that any Digital Assets that you transferred into your Wallet are owned by you at the time of transfer. You may not be able to cancel, reverse, or change any transaction on the blockchain.

Pistachio may decide on deposit and withdrawal methods and Services. We incur no obligation whatsoever with

You control your own Wallet and private keys. You acknowledge that we split up the private key and back it up to your cloud (the key saved on your phone) and a portion of the key is backed up to our servers to assist you in the recovery function. We do not operate blockchain protocols, communicate or execute protocol upgrades, or approve or process blockchain transactions on behalf of you.

You further understand that blockchain protocols, Digital Assets, Smart Contracts, and related software and their use present their own risks of use, including 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 and that cost may increase dramatically at any time.

You understand that this is a new technology, and that underlying protocols, smart contracts, and systems may inadvertently contain bugs or security vulnerabilities that may result in significant loss.

8. INDEMNIFICATION

You irrevocably undertake to fully indemnify and hold harmless each of Pistachio, Operators, Pistachio’s Third Party Service Providers, and any other Pistachio entity and each of their affiliates, contractors, licensors and their respective shareholders, officers, directors, employees and agents and their respective successors, heirs and assigns, promptly upon demand at any time during your use of the Services, from and against any and all losses, claims, actions, proceedings, damages, demands, judgments, sums, liabilities, damages, costs, charges, and expenses, including but not limited to, any reasonable attorney's fees, or penalties imposed by any regulatory authority, and reimbursements arising out of or related to the following situations:

• Your use of, or conduct in accordance with the Services;

• Your breach of or our enforcement of these Terms; and

• Your violations of any Applicable Laws, regulation, or rights of any third party during your use of the Services.

If you are obligated to indemnify any of Pistachio or their affiliates, contractors, licensors and their respective shareholders, officers, directors, employees, any agent, Third Party Service Providers and their respective successors, heirs and assigns, Pistachio shall have the right, in its sole discretion, to control any action or proceeding and to determine whether Pistachio wishes to proceed, or settle, and if so, on what terms or provisions.

9. LIABILITY

Notwithstanding any provisions in these Terms, in no event, shall Pistachio be liable to the other for any type of incidental, special, exemplary, punitive, indirect or consequential damages, including but not limited to lost revenue, lost profits, loss of your credential information (username and password), replacement goods, loss of technology, loss of data, or interruption of loss of use of service or equipment, even if such Party was advised of the possibility of such damages, and whether arising under a theory of contract, tort, strict liability or otherwise. Pistachio shall also have no liability for your emergency and unforeseeable incidents related to your use of the Services such as stolen passwords or hacked accounts. Neither we nor any of our agents shall be liable for (i) the management or performance of your Digital Assets (including any reduction in the value); and (ii) any taxes or duties payable in respect of your Digital Assets.

The Services are provided on an "as is" and "as available" basis without any representation or warranty, whether express, implied or statutory. Except as expressly provided in these Terms, to the maximum extent permitted by applicable law, Pistachio specifically disclaims all other representations or warranties, express or implied, made to you, your affiliates or any other person, including without limitation any warranties regarding the quality, suitability, merchantability, fitness for a particular purpose or otherwise (regardless of any course of dealing, custom or usage of trade) of any service or any goods provided incidental to the Services under these Terms. Pistachio does not make any representations or warranties that access to the Site, any part of the Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. Pistachio does not guarantee that any order will be executed, accepted, recorded, or remain open. Except for the express statements set forth in this Terms, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the Services and Site. Without limiting the foregoing, you hereby understand and agree that Pistachio will not be liable for any losses or damages arising out of or relating to: (i) any inaccuracy, defect or omission of digital asset price data, or any error, delay or interruption in the transmission of such data; (ii) viruses or other malicious software obtained by accessing our Sites, software, systems operated by us or on our behalf or any of the Services or Site; (iii) glitches, bugs, errors, or inaccuracies of any kind in our Sites, software, systems operated by us or on our behalf or any of the Services; or (iv) a suspension or other action taken with respect to your Pistachio Account.

Pistachio makes no representations or warranties regarding the amount of time needed to complete processing transactions which is dependent upon many factors outside of our control. The foregoing limitations of damages, liability, and no warranty provisions set forth above in this section are fundamental elements of the basis of the bargain between Pistachio and you.

10. LICENSE GRANT

Pistachio hereby grants you a personal, non-transferable, non-exclusive license to use the Software in accordance with the terms of these terms. You are not permitted to:

• Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things;

• Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose;

• Allow any third party to use the Software on behalf of or for the benefit of any third party;

• Use the Software in any way which breaches any applicable local, national, or international law; or

• Use the Software for any purpose that Pistachio considers is a breach of these terms.

11. INTELLECTUAL PROPERTY AND OWNERSHIP

Pistachio shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you, including updates, supplements, Internet-based services, and support services for the Software. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Pistachio.

Pistachio reserves the right to grant licenses to use the Software to third parties.

12. TERMINATION

These terms are effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Pistachio.

It will also terminate immediately if you fail to comply with any term included in these present Terms. Upon termination, the licenses granted under these Terms will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of these Terms.

13. GENERAL PROVISIONS

These Terms constitute a legal and binding agreement between you and Pistachio. The binding obligations stipulated in these Terms are valid and enforceable.

Due to the rapid development of Digital Assets and Pistachio, these Terms between you and Pistachio do not enumerate or cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future development. Therefore, the Privacy Policy and all other agreements entered into separately between you and Pistachio are deemed supplementary terms that are an integral part of these Terms and shall have the same legal effect. Your ongoing use of the Services shall be deemed by us to be your acceptance of the above supplementary terms.

You acknowledge and confirm that you have read, understood and agreed to Pistachio’s Privacy Policy which sets out a summary of Pistachio’s guidelines regarding the collection and use of personally identifiable information for the purpose of making the Services available to you

You will comply with the requirements of all Applicable Laws, these Terms and various guidelines of Pistachio and will not use the Site or its Content for any unlawful purpose.

You shall be responsible for obtaining the data network access necessary to use the Site. Your network's data and rates and fees may apply if you access or use the Site from a wireless-enabled device, and you shall be responsible for such rates and fees.

You shall be responsible for acquiring and updating compatible hardware or device necessary to access and use the Site and any updates thereto. In addition, the Site may be subject to malfunction, maintenance and delays inherent in the use of the Internet and electronic communications.

You shall not upload any images, graphics, photographs, videos, or content that is deemed unlawful, offensive, malicious, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property.

You shall be responsible for keeping your credential information, including your username and password to your Pistachio Account secure.

You shall not abuse, harass, threaten, impersonate, or intimidate other Users of the Site.

You shall be solely responsible for your conduct and any content that you submit, post, and display on the Site.

You shall not modify, adapt, or hack the Site or modify another Site so as to imply that it is associated with the Site falsely.

You shall not crawl, scrape, or otherwise cache any Content from the Site including but not limited to user profiles, images, graphics, and photographs. You shall agree not to use any automated data collection methods, data mining, robots, or scraping or any data gathering methods of any kind on the Site.

You shall not create or submit unwanted comments or content to any Users of the Site.

You shall not transmit any malware, worms, or viruses or any code of a destructive nature.

You shall not use the Site or any of its Contents for advertising or soliciting, for any other commercial, political or religious purpose, or to compete, either directly or indirectly with Pistachio.

If Pistachio has reasonable grounds to believe and determine that you have engaged in any use of the Site in breach of these Terms, Pistachio may address such breach through an appropriate sanction, in its sole and absolute discretion. Such sanction may include, but is not limited to, making a report to any government, law enforcement, or other authority, without providing any notice to you about any such report; and/or suspending or terminating your access to the Services. Pistachio may, at its sole and absolute discretion, take any action it deems appropriate to comply with Applicable Laws or the laws of any other relevant jurisdiction.

You may, through hypertext or other computer links, gain access from the Site to Sites operated by persons other than us. A link to another Site does not mean that we endorse or approve the content on that Site or the operator of that Site. You are solely responsible for determining the extent to which you may use or rely upon any content at any other Sites which you have accessed from the Pistachio Site. We have no control over the content of these sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. We assume no responsibility for the use of, or inability to use, any third-party software or other materials on the Site and shall have no liability whatsoever to any person or entity for their use of, or inability to use, any such third-party content.

These Terms, the Privacy Policy and any documents incorporated by reference herein comprise the entire understanding and agreement between you and Pistachio as to the subject matter hereof, and supersede any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of these Terms), between you and Pistachio. Section headings in these Terms are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms.

Although we intend to provide accurate and timely information on the Site and the Platform, the Site and the Platform (including, without limitation, the Content) may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. Contents may be published in a manner for easier understanding and marketing purposes and shall not be binding if it is in conflict with these Terms or Applicable Laws in any way and shall always be interpreted together with these Terms, Smart Contract, and Smart Contract Terms. Information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products, and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions.

We reserve the right to assign our rights without restriction, including without limitation to any Pistachio affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. In the event that Pistachio is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. You may not assign any rights and/or licenses granted under these Terms. Any attempted transfer or assignment by you in violation hereof shall be null and void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

If any provision of these Terms shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.

We shall not be liable for delays, failure in performance, or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, pandemic, other catastrophe, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

The failure of one party to require performance of any provision shall not affect that party's right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party's violation of these Terms of any provisions of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.

Pistachio is an independent contractor for all purposes. Nothing in these Terms is intended to or shall operate to create a partnership or joint venture between you and Pistachio or authorize you to act as agent of Pistachio.

We may provide any notice to you under these Terms or related to the Services using commercially reasonable means, including posting a notice on the Site; sending a message to the email address then associated with your account; or using public communication channels. Notices we provide by posting on the Site or using public communication channels will be effective upon posting, and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current to the extent you have an account. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email. To give us notice under this Agreement, you must contact us by email at info@pistachiowallet.io.

14. BINDING ARBITRATION AND CLASS ACTION WAIVER

Any dispute, claim or controversy relating in any way to these Terms, the Site, or your use of the Services will be resolved by binding arbitration as provided in this section, rather than in court, except that you may assert claims in small claims court if your claims qualify.

You agree that these Terms, their subject matter and their formation, and any non-contractual obligations arising out of or in connection with them and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute, claim, or controversy relating in any way to these Terms, the Services, your use of the Services, or to any products or services licensed or distributed by us will be resolved by binding arbitration as provided in this clause. Prior to commencing any formal arbitration proceedings, parties shall first seek settlement of any claim by mediation. If the dispute is not settled by mediation within 14 days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the rules of the American Arbitration Association (AAA), which are deemed to be incorporated by reference into this clause. The language to be used in the mediation and in the arbitration shall be English. The seat or legal place of arbitration shall be Wilmington, Delaware. The arbitrator will be either a retired judge or an attorney licensed to practice law in Delaware. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the dispute or the relief sought in the request was frivolous or was brought for an improper purpose.

You and we agree that each may bring claims against the other only on an individual basis, and not as a plaintiff or class member in any purported class, collective or representative proceeding. You and we expressly waive any right to file a class action or seek relief on a class basis. Only individual relief is available, and disputes of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.