4. USER OBLIGATIONS AND CONDUCT

4.2 User Content and License

By posting, uploading, or transmitting any User Content to the Platform, you grant

Rekt

a worldwide, non-exclusive, transferable, sublicensable, royalty-free, irrevocable license to use, copy, modify, adapt, distribute, display, publish, and process such User Content in connection with operating, marketing, or improving the Platform. You represent and warrant that you have all rights necessary to grant this license

4.3 Third-Party Wallets and Services

You acknowledge that your use of any blockchain network (e.g., Ethereum), Digital Asset wallet (e.g., MetaMask), or other third-party services is solely governed by the terms and conditions of the applicable third party.

Rekt

is not liable for any malfunction, breach, or misuse of such third-party services, and you shall bear any associated risks.

5. INTELLECTUAL PROPERTY

5.1 Ownership

All intellectual property rights, including patents, copyrights, trademarks, trade secrets, and other proprietary rights in or to the Platform, its underlying code, design, logos, or marks, and all related materials

(“Rekt IP”)

, are owned by

Rekt

or licensed to us. Except as expressly provided herein, no license or rights are granted to you in respect of any Rekt IP.

5.2 Limited License

Conditioned upon your compliance with these Terms,

Rekt

grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Platform for your personal, lawful, and non-commercial purposes.

Rekt

is not liable for any malfunction, breach, or misuse of such third-party services, and you shall bear any associated risks.

5.3 Feedback

If you elect to provide suggestions, comments, or other feedback regarding our Platform

(“Feedback”)

, you hereby grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and otherwise exploit such Feedback for any purpose without any notice or compensation to you

6. FEES, PAYMENTS, AND TAXES

6.1 Platform Fees

We may charge fees for certain functionality or services on the Platform, including but not limited to the creation, listing, or purchase of Digital Assets. The applicable fees (if any) will be displayed at the time of the transaction or otherwise communicated. By proceeding with any transaction, you agree to pay the indicated fees.

6.2 Third-Party Fees

You understand and accept that you may be charged certain additional fees by third parties (e.g., blockchain transaction “gas” fees).

Rekt

is not responsible for the amount, timing, or method of payment of such fees, nor for any failures by third-party providers.

6.3 Taxes

You are solely responsible for determining any applicable tax obligations in connection with your use of the Platform.

Rekt

is not responsible for withholding, collecting, reporting, or remitting any taxes arising from your use of the Platform.

7. LIMITATION OF LIABILITY

7.1 Indirect Damages

To the fullest extent permitted by applicable law,

Rekt

(including our affiliates, officers, directors, employees, and agents) shall not be liable to you for any indirect, incidental, special, punitive, exemplary, or consequential damages of any kind (including, without limitation, damages for lost profits, lost data, loss of goodwill, or business interruption) arising out of or related to these Terms or your use of, or inability to use, the Platform.

7.2 Aggregate Liability Cap

Notwithstanding anything to the contrary in these Terms, and to the fullest extent permissible by law, the

maximum

aggregate liability of

Rekt

arising out of or relating to these Terms shall

not exceed

the greater of (i) the total amounts paid by you to

Rekt

in connection with your use of the Platform in the six (6) months preceding the event giving rise to the claim, or (ii) one hundred U.S. dollars (USD $100).

7.4 Force Majeure

Under no circumstances shall

Rekt

be liable for any delay or failure in performance resulting directly or indirectly from events beyond its reasonable control, including but not limited to acts of God, internet or telecommunications failures, governmental actions, acts of civil or military authorities, or strikes.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless

Rekt

, its affiliates, officers, directors, employees, agents, and licensors, from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with: (i) your breach or alleged breach of these Terms, (ii) your misuse or alleged misuse of the Platform, (iii) your violation of any third-party right, including intellectual property or privacy rights, or (iv) your violation of any applicable law, rule, or regulation.

9. TERMINATION AND SUSPENSION

9.1 Termination by Rekt

We reserve the right, in our sole discretion, to terminate, suspend, or restrict your access to all or any part of the Platform at any time and for any reason, including but not limited to your breach of these Terms or to comply with applicable law or requests of governmental authorities.

9.2 Effect of Termination

Upon termination, all rights and licenses granted to you under these Terms shall immediately cease. Sections intended by their nature to survive shall survive any termination, including disclaimers, limitations of liability, indemnities, arbitration, and governing law provisions.

10. DISPUTE RESOLUTION AND GOVERNING LAW

10.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with these Terms or their subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the laws of the

British Virgin Islands, without

regard to its conflict of laws principles

10.2 Arbitration

Any dispute arising out of or relating to these Terms or the Platform shall be finally settled by binding arbitration under the auspices of an internationally recognized arbitration center in the

British Virgin Islands

, before a single arbitrator, in English. The arbitrator’s decision shall be final and binding, and judgment thereon may be entered in any court of competent jurisdiction.

10.3 Class Action Waiver

You irrevocably waive any right you may have to participate in any class, collective, or representative action or proceeding against

Rekt

or to join or consolidate any claim with the claims of others, to the fullest extent permitted by law.

10.4 Injunctive Relief

Nothing in this Section shall prevent either party from seeking injunctive or equitable relief in any court of competent jurisdiction to prevent or enjoin infringement of intellectual property rights or protect other compelling interests.

11. MISCELLANEOUS PROVISIONS

11.1 Entire Agreement

These Terms, including any policies or documents incorporated by reference, constitute the entire agreement between you and

Rekt

concerning the subject matter hereof and supersede any prior or contemporaneous agreements or understandings.

11.2 Assignment

You may not assign or transfer these Terms, or any rights or obligations herein, without our prior written consent. We may assign or transfer these Terms, or any rights or obligations, at our sole discretion and without restriction.

11.3 Severability

If any provision of these Terms is deemed invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be severed, and the remainder shall continue in full force and effect so long as the intent of the parties can still be carried out.

11.4 No Waiver

No failure or delay by

Rekt

in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any right, power, or privilege.

11.5 Independent Contractors

Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and

Rekt

. The parties are independent contractors for all purposes.

11.6 Notices

Any notices or communications under these Terms will be deemed to have been duly given (i) when delivered personally or by courier, with written confirmation of receipt; (ii) when sent by email to info@rekt.me (for notices to

Rekt

) or to the contact information you provide to

Rekt

(for notices to you).

11.7 Headings

ASection headings and numbering are for convenience only and shall not affect the interpretation of these Terms.

12. TELEGRAM MINI-APP: HYBRID EXCHANGE, AUTOMATED TRADING, AND REWARD POINTS

12.1 Overview of the Mini-App and Reward Points

(a) Rekt Mini-App

. As part of the Rekt Platform, we offer a Telegram-based “mini-app” (the

“Mini-App”

) providing various trading functionalities, including aggregation of liquidity from multiple sources (both centralized and decentralized) and automated or semi-automated trade execution (the

“Trading Bot”

).

(b) Reward Points and Airdrops

. We may periodically grant users “Rekt Reward Points,” airdrops, or other promotional benefits

(“Points”)

. These Points are

not

guaranteed to have real-world monetary value and may be subject to specific usage conditions.

Rekt

reserves the right to modify, limit, or discontinue these Points at any time without liability or notice.

12.2 Wallet Creation and Private Key Handling

(a) On-Chain Address Creation

. The Mini-App automatically generates one or more blockchain addresses

(“User Wallet(s)”)

for you on chains such as Prom Chain or EVM-compatible networks. Each address has a corresponding public/private key pair.

(b) User Consent to Trading Bot Access

. By using the Mini-App, you acknowledge and agree that (i)

Rekt’s

Trading Bot functionality will store and access your private key(s) to sign transactions on your behalf; and (ii) you expressly consent to grant Rekt the non-exclusive right to use your private key(s) solely for executing trades and withdrawals under your instructions.

(c) Export of Private Keys

. You may export your private key(s) at any time, unless restricted by legal, security, or maintenance reasons. Upon export, (i) you acknowledge and agree that

Rekt

may still, in theory, retain a copy (or residual data) of your private key(s) in its systems—such as in temporary caches, backups, or logs—and (ii) you assume

all responsibility

for any ongoing or subsequent unauthorized use of those private key(s). By exporting your private key,

you waive and release Rekt

from any liability arising out of the continued existence of such key(s) on

Rekt’s

systems or any unauthorized transactions that may occur thereafter. You further agree to take all necessary steps (including notifying

Rekt

if you intend to disable the Trading Bot’s access) to protect your private key after export, and

Rekt

disclaims any obligation to remove, disable, or track usage of a private key you have exported.

12.3 Non-Custodial Relationship; No Fiduciary Duty

(a) No Custodial Services

. Despite generating addresses and temporarily storing private keys to facilitate user-initiated transactions,

Rekt

does

not

act as a custodian of your Digital Assets. You maintain ultimate control over your funds, and

Rekt’s

role is limited to executing your on-chain instructions upon request.

(b) No Fiduciary Duty

. The Trading Bot’s capacity to sign transactions on your behalf does not create any fiduciary relationship between you and

Rekt

. We do not manage your funds or provide investment advice, and you remain solely responsible for all decisions regarding your Digital Assets.

12.4 Liability Waiver for Loss of Funds

(a) User Assumption of Risk

. You expressly understand and agree that Digital Assets are highly volatile and involve significant risk of loss. By utilizing the Mini-App and granting

Rekt’s

Trading Bot access to your private keys, you accept all risk, including the possibility of a total loss of your funds.

(b) No Liability for Hacks or Security Breaches

. To the maximum extent permitted by law,

Rekt

disclaims all liability for loss of Digital Assets, private keys, or other user data resulting from hacking, phishing, exploits, malware, or any other unauthorized third-party activity. This disclaimer applies even if Rekt’s systems are compromised, unless applicable law forbids such a disclaimer.

(c) No Liability for Transaction Errors

. You acknowledge and agree that

Rekt

is

not

responsible for any losses arising from user errors (e.g., sending funds to an incorrect address), transaction failures (e.g., network congestion, chain forks), or other issues inherent to blockchain technology.

(d) Express Waiver of Claims

. In consideration of using the Mini-App, you

waive and release Rekt

(including its affiliates, directors, employees, or agents) from any and all claims or liabilities arising out of or related to loss of funds, theft of private keys, or unauthorized transactions.

12.5 Deposits, Withdrawals, and User Instructions

(a) Deposit Addresses

. The Mini-App provides deposit addresses linked to your User Wallet(s). You bear

sole responsibility

for confirming the compatibility of the network and asset type when depositing Digital Assets.

(b) User Instructions

. All deposits, withdrawals, or trades require your explicit instructions through the Mini-App interface. The Trading Bot simply executes those instructions as directed by you, and

Rekt

cannot reverse or modify a transaction after it has been broadcast on a blockchain.

(c) Withdrawal of Funds

. You may withdraw your Digital Assets at any time, subject to (i) blockchain availability, (ii) applicable network fees, and (iii) any temporary restrictions for security or maintenance reasons.

12.6 Trading and Points Redemption

(a) Automated Trading

. You may configure automated or semi-automated trading parameters within the Mini-App.

Rekt

does not guarantee successful execution, profitability, or accuracy of any trades, nor do we recommend or endorse specific strategies.

(b) Points or Airdrops

. Points may be redeemable for certain in-app benefits (e.g., reduced trading fees, promotional NFTs), as determined by

Rekt

in its sole discretion. We provide no guarantee that Points have or will ever have monetary value.

(c) No Liability for Redemption

. Rekt may discontinue or change the redemption process for Points or airdrops at any time. We assume

no liability

if Points become unusable or lose value.

12.7 No Investment or Legal Advice

Rekt

does

not

provide legal, financial, or investment advice. All information regarding the Mini-App is provided for educational or informational purposes only. You alone must assess your financial situation, evaluate your risk tolerance, and conduct independent research (“DYOR”) before engaging in any Digital Asset or derivatives trading.

12.8 Service Modifications and Termination

(a) Modifications

. Rekt may, at its discretion, introduce new features, modify existing features, or discontinue the Mini-App (in whole or in part) without prior notice.

(b) Termination

. We may suspend or terminate your access to the Mini-App (i) if you violate these Terms, (ii) if we suspect any illegal or fraudulent activity, or (iii) for any other lawful reason. In the event of termination,

Rekt

will enable you to withdraw any remaining Digital Assets, subject to any legal or regulatory restrictions.

12.9 Indemnification

You agree to indemnify, defend, and hold harmless

Rekt

, its affiliates, and their respective officers, directors, employees, and agents from any and all liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising from or related to (i) your use of the Mini-App, (ii) your decision to grant the Trading Bot access to your private keys, (iii) any breach of these Terms, or (iv) any unauthorized or erroneous transaction initiated under your private keys.

12.10 Incorporation by Reference

The disclaimers, limitations on liability, dispute resolution, governing law, and other general provisions contained in the broader

Rekt Terms of Use

shall fully apply to this Section 12 and the Mini-App. In the event of a direct conflict, the clauses specific to the Mini-App’s private key and liability framework shall prevail.

Copyright & Disclaimer

© 2024

DevQuantum Ltd

(license no. 2162016). All rights reserved. Unauthorized reproduction or distribution of any material or content provided by

Rekt

is strictly prohibited. Digital asset transactions are speculative, involve significant risk of loss, and may be affected by regulatory or legal changes. By accessing or using the Platform, you acknowledge these Terms of Use and agree to hold

Rekt

harmless from any loss, liability, or damage arising from your interactions with Digital Assets or user-generated content on the Platform.