GFX Labs, Inc. d/b/a Oku Trade
Last updated: October 2, 2026
These Master Terms and Conditions (this “Agreement”) govern your access to and use of the Products provided by GFX Labs, Inc. d/b/a Oku Trade (“Oku Trade,” “we,” “us”). “Products” include our websites, applications, interfaces, tools, extensions, APIs, and related services that reference this Agreement, including Oku and other products we may offer from time to time.
By accessing or using any Product, you agree to be bound by this Agreement. If you do not agree, do not access or use the Products.
Other documents; order of precedence: Our Privacy Policy (available at https://oku.trade/privacy-policy) and any additional Policies we identify as applicable are incorporated into this Agreement by reference. Certain Products are also governed by product-specific supplemental terms (“Supplemental Terms”)—currently the Invest, Perpetuals, Rewards, and Poppie Supplemental Terms—which are incorporated as to the Product they cover and which you must accept before you use that Product. On a direct conflict: the Privacy Policy controls as to information processing; otherwise applicable Supplemental Terms control as to their Product; otherwise this Agreement controls. Supplemental Terms do not limit or waive any disclaimer, limitation of liability, release, indemnification, or dispute-resolution provision of this Agreement unless they expressly say so, and the arbitration agreement and class action waiver in Section 8 apply to every Product.
IMPORTANT—PLEASE READ
You represent that you are able to form a legally binding contract with us, are the age of majority in your jurisdiction, and are not subject to applicable sanctions or prohibited-party restrictions. See also Section 4.6.2.
You also agree to comply with all laws applicable to your use of the Products. See also Section 4.6.1.
For purposes of this Agreement, the following capitalized terms have the meanings set forth below:
“API” means any application programming interface(s), endpoints, documentation, keys/tokens, and related tools we make available to enable programmatic access to any Product features or data.
“Automation Provider” means any third-party or decentralized service, protocol, keeper network, or automation system used to monitor, trigger, facilitate, and/or submit transactions related to Conditional Transactions.
“Collateral” means Crypto Assets that you supply to, lock in, allocate to, or otherwise make available to a Third-Party Protocol to open, maintain, or support a Leveraged Position, and that may be reduced, applied, seized, liquidated, or lost according to that protocol’s rules.
“Conditional Transaction” means a set of parameters you submit through the Products (including through your Wallet) that authorizes one or more blockchain transactions to be initiated, routed, broadcast, and/or executed via one or more Third-Party Protocols or Smart Contracts if the conditions you specify—which may include a specified price (or better), quantity, and time-in-force—are met, as supported by the Products. No Conditional Transaction is an order, and none is accepted, held, matched, or executed by us.
“Conditional Transaction Fees” means any fees associated with placing, maintaining, canceling, claiming, or executing a Conditional Transaction, which may include (i) fees charged by us (if any), (ii) fees charged by Automation Providers, Oracles, or other third parties, and/or (iii) blockchain network fees (gas).
“Crypto Asset” means any digital asset, token, or similar unit of value recorded on a blockchain or other distributed ledger, including stablecoins, governance tokens, liquidity provider tokens, and other onchain assets, but excluding Points.
“Dispute” means any dispute, claim, or controversy between you and us arising out of or relating to this Agreement, any Supplemental Terms, the Products, or your access to or use of them, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether it arose before or arises after the termination of this Agreement.
“Funding Payment” means a periodic amount exchanged in connection with a Perpetual Product (for example, between holders of opposing positions, or between a position holder and a Third-Party Protocol), as calculated and administered by the applicable Third-Party Protocol, that is intended to align the price of the Perpetual Product with a reference price.
“Invest” means the feature set of Oku for interacting with Tokenized Assets through Third-Party Protocols from a Wallet you control, reached through an Invest landing page and individual asset pages within the Products. Invest is governed by the Invest Supplemental Terms.
“Leveraged Position” (also “Position”) means an open exposure created when you interact with a Third-Party Protocol on a leveraged or margined basis, including any position in a Perpetual Product, that may be increased, decreased, liquidated, or closed according to the rules of that protocol.
“Liquidation” means the automatic or protocol-initiated reduction or closing of a Leveraged Position, and/or the application or seizure of Collateral, that a Third-Party Protocol may effect when Collateral, margin, or other parameters fall below thresholds the protocol sets.
“Oku” means our non-custodial web-based interface(s), application(s), or other software tools made available through the Products that allow users to interact directly with one or more Third-Party Protocols from their own Wallets (including for activities such as swapping, routing, providing liquidity, or other protocol-supported actions), together with its standard features, including Oku Analytics.
“Oku Analytics” means our web-based interface for viewing and interpreting publicly available blockchain data, such as transaction histories and asset movements. It is a presentation and analysis layer over public and third-party data.
“Oracle” means any third-party or decentralized data feed, price feed, data source index, reference rate, API, or other source of information used in connection with Conditional Transactions.
“Perpetual Product” means a leveraged or margined instrument, contract, or position made available by a Third-Party Protocol that has no fixed settlement or expiration date and that typically relies on a periodic funding or similar mechanism. A Perpetual Product is defined and administered solely by the applicable Third-Party Protocol. The characterization of any Perpetual Product under any law or regulatory regime is a matter of applicable law and the relevant facts; nothing in this Agreement is an admission or representation by us as to any such characterization.
“Perpetuals” means the feature set of Oku for interacting with Perpetual Products and other leveraged or margined instruments made available by Third-Party Protocols from a Wallet you control, including opening, managing, and closing Leveraged Positions. Perpetuals is governed by the Perpetuals Supplemental Terms.
“Points” means closed-loop, promotional or loyalty points (or similar units) that we may make available to users in connection with use of the Products, which may be redeemable for Merchandise through Rewards (if and to the extent offered).
“Poppie” means our non-custodial software, at poppie.io and through the Products, for supplying, borrowing, and lending in a set of markets deployed on Euler, a Third-Party Protocol we did not create and do not control. Poppie is governed by the Poppie Supplemental Terms.
“Products” (and each, a “Product”) means our websites, applications, software interfaces, APIs, tools, and related services that we make available, including Oku, Invest, Perpetuals, Rewards, Poppie, and any other products or services described in this Agreement or otherwise made available by us from time to time. Unless we expressly state otherwise, any additional Product we offer is subject to this Agreement.
“Rewards” means our points-based rewards and redemption program, under which you earn Points and redeem them for Oku Trade-branded or affiliated merchandise (“Merchandise”), including through boxes presenting a disclosed set of potential reward items (“Loot Boxes”), and which includes a public profile. Rewards is governed by the Rewards Supplemental Terms.
“Signed Message” means a cryptographically signed data payload that you create and authorize using your Wallet and that is intended to be transmitted to a Third-Party Protocol (or its designated infrastructure) for action, and which may be in a format distinct from a native blockchain transaction.
“Smart Contract” means software code deployed to and executed on a blockchain network.
“Third-Party Content” means any links, advertisements, promotions, or other content provided by third-parties that may be displayed through the Products.
“Third-Party Protocol” means any blockchain protocol, smart contracts, decentralized exchange, lending or borrowing protocol, liquidity pool, bridge, Oracle, or other third-party onchain system that is not owned or controlled by us, and with which a user may interact (directly or indirectly) through the Products.
“Third-Party Services” means any third-party websites, services, software, protocols, APIs, oracles or other data sources, infrastructure providers, wallets, payment processors, merchants, fulfillment vendors, and other third-party products or services that may be used in connection with, integrated into, or made available through the Products (including any Oracles or Third-Party Protocols). Third-Party Services are not provided by us and may be subject to separate terms and policies of the applicable third parties.
“Tokenized Asset” means a Crypto Asset that is issued by a third party and that references, tracks, or is intended to be backed by a separate underlying asset (for example, a commodity or a publicly traded equity security). A Tokenized Asset is a distinct onchain instrument; it is not the underlying asset itself and is not the registered security, share, commodity, or other instrument it references. Additional terms and disclosures applicable to Tokenized Assets appear in the Invest Supplemental Terms.
“Wallet” means a third-party digital wallet, software, device, or account (such as a browser wallet or hardware wallet) that you use to store cryptographic keys and to sign and submit blockchain transactions.
This Section summarizes what Oku Trade is (and is not) when you use any Product, unless the Supplemental Terms for a particular Product expressly say otherwise. This is a summary; other Sections contain additional terms, disclosures, and limitations.
The Products are software tools that help you view information and/or prepare and submit transactions to Third-Party Protocols and networks using a Wallet you control. The Products are non-custodial, meaning we never have custody, possession, or control of your Crypto Assets at any time.
Accordingly, we cannot access, retrieve, transfer, or recover Crypto Assets on your behalf; we cannot reverse or “undo” blockchain transactions; and if you lose access to your Wallet, private keys, seed phrase, or credentials, we generally cannot assist you in regaining access to Crypto Assets associated with that Wallet.
You initiate and authorize transactions for Third-Party Protocols to execute; we do not execute them. Any transaction you perform using a Product is initiated and authorized by you through your Wallet, by signing it. Who broadcasts a signed transaction to the network depends on the Product and the Wallet: it may be you, your Wallet provider’s bundler, or a transaction service. In a Mobile App a transaction service broadcasts for you. Whoever broadcasts a signed transaction cannot alter what you signed, and in no case do we execute, match, clear, or settle it.
This means, among other things, that: (i) you are responsible for reviewing transaction details before you sign (including the token address, amounts, recipient/destination contract, approvals/allowances, and fees); and (ii) we do not and cannot guarantee that any transaction will be completed, confirmed, executed at a particular price, or executed at all, because execution depends on Third-Party Protocols, network conditions, and other third-party systems. Where the Products prepare a transaction across one or more Third-Party Protocols, they may show the route and the contracts or protocols involved before you authorize it; a displayed route or estimate may change between display and execution because of market and network conditions.
The Products may display, reference, or interoperate with Third-Party Services. Third-Party Services are not controlled by Oku Trade, are not provided by Oku Trade, and may be subject to separate terms and fees imposed by the applicable Third-Party. The Products’ functionality may depend on Third-Party Services, which may change, be unavailable, or operate differently over time. The Products may also display Third-Party Content. Third-Party Protocols reachable through the Products include, without limitation, Uniswap v3, Morpho, and Hyperliquid; review each protocol’s own documentation before using it. We do not operate, control, or modify any blockchain network, and what the Products show about a network is a presentation of publicly available data.
For additional disclosures, disclaimers, and limitations regarding Third-Party Services and Third-Party Content, see Section 6.8.
This Section is a high-level summary of important characteristics of the Products. Additional disclosures and limitations appear elsewhere in this agreement, including:
As between you and us, we (and our licensors, as applicable) own all right, title, and interest in and to the Products, including all related software, interfaces, designs, text, graphics, logos, trademarks and service marks, content, and the “look and feel” of the Products, and all intellectual property and proprietary rights therein.
Subject to your compliance with this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Products for your own lawful use, solely as intended and permitted by the Products and this Agreement. Except for this limited license, we reserve all rights in and to the Products.
You may not (and may not enable or assist any other person to): (i) copy, modify, translate, or create derivative works of the Products (except as expressly permitted in writing by us); (ii) sell, rent, lease, sublicense, distribute, publish, or otherwise make the Products available to any third-party (except as expressly permitted in writing by us); (iii) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, trade secrets, or underlying ideas or algorithms of the Products (except to the extent such restriction is prohibited by applicable law); or (iv) remove, obscure, or alter any proprietary notices or attributions on or in the Products.
For additional conduct restrictions, see Section 4.1 (Prohibited Activity).
If you provide suggestions, ideas, feedback, bug reports, or other input regarding the Products (collectively, “Feedback”), you grant us a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, and fully paid license to use, reproduce, modify, create derivative works from, distribute, and otherwise exploit such Feedback for any purpose, without compensation to you. Feedback is provided on a non-confidential basis.
The Products may display or provide access to Third-Party Services and Third-Party Content. As between you and us, third parties own and are responsible for their respective Third-Party Services and Third-Party Content. Nothing in this Agreement grants you any rights in any Third-Party Services or Third-Party Content except as granted under the applicable third-party’s terms.
Certain components of the Products, and certain Third-Party Services, may be made available under open-source licenses (such components, “Open-Source Software”). To the extent an open-source license applies, the terms of that license govern the applicable Open-Source Software and control over any inconsistent terms in this Agreement, but only with respect to that Open-Source Software.
You agree not to engage in, or attempt to engage in, any of the following categories of Prohibited Activity in relation to your access and use of any of our Products. “Prohibited Activity” includes, without limitation, the following:
4.1.1 Unlawful or sanctioned activity. Using a Product in violation of applicable law, regulation, or sanctions requirements (including using a Product to facilitate illegal activity).
4.1.2 Fraud; deception; manipulation. Defrauding, misrepresenting, or deceiving us or others; attempting to manipulate markets or metrics; or engaging in abusive, deceptive, or manipulative conduct—including wash trading, spoofing, layering, or similar tactics, and manipulation of funding rates, liquidations, oracle or reference prices, open interest, or other Perpetual Product mechanics.
4.1.3 Interference; security; automated misuse. Interfering with, disrupting, or attempting to compromise the integrity, security, or proper functioning of any Product or related systems; attempting to bypass access controls; introducing malware; or using scraping, crawling, or similar automated methods to extract data from the Products (except as expressly permitted by us in writing).
4.1.4 IP and rights violations. Infringing or violating intellectual property rights or other proprietary rights of us or any third-party.
4.1.5 Circumvention of restrictions. Concealing or misrepresenting your location, residence, or identity—including through a virtual private network, proxy, relay, false information, or another person’s Wallet or identity—or otherwise circumventing any eligibility, jurisdictional, geographic, or asset-level restriction applied by us, by a Third-Party Protocol, by an issuer, or by any other third party.
We may suspend or limit access for Prohibited Activity (or suspected Prohibited Activity) as described in Section 5.1.
Blockchain transactions require the payment of transaction fees to the applicable network (“Gas”). You are solely responsible for paying Gas and any other third-party fees that apply to transactions you initiate (including fees charged by Third-Party Services), except where we expressly state otherwise for a particular Product. In a Mobile App we currently use a transaction service that broadcasts your signed transaction and pays the Gas for it, so you do not need to hold the network’s native asset to transact. That is a convenience we provide at our discretion: we may change, condition, limit, or stop it at any time and without notice, it does not apply to any Product or transaction we do not identify, and you remain responsible for any Gas we do not cover. We do not guarantee that any transaction will be confirmed, executed, or executed at a particular price.
We may charge fees for access to or use of certain Products or features (“Interface Fees”). They may vary by Product, feature, chain, protocol, or activity, may be introduced, changed, or removed at any time, and will be described in the Products’ user interface or documentation. Interface Fees are consideration for the software access and functionality we provide, and are separate from and in addition to Gas, Conditional Transaction Fees, and anything a Third-Party Protocol or other Third-Party Service charges. We have no revenue-sharing, referral, rebate, or similar arrangement with any Third-Party Protocol, and receive no part of what one charges, except as expressly disclosed. Two are disclosed. Where a Third-Party Protocol or routing provider supports it, we attach an identifier so that our fee is charged to you at the protocol level and paid to us rather than collected by us separately—a builder code on the Signed Messages transmitted through Perpetuals (Section 4.2 of the Perpetuals Supplemental Terms), and the same arrangement in Invest (Section 6.2 of the Invest Supplemental Terms). And we receive an interest fee from the Poppie Markets (Poppie Supplemental Terms). Except as stated or required by law, Interface Fees are non-refundable.
Conditional Transactions may involve fees (collectively, “Conditional Transaction Fees”). You acknowledge and agree that:
4.3.1 Fees may apply. You may be required to pay or reimburse Conditional Transaction Fees, including (A) fees charged by Third-Party Services (such as automation/keeper networks, Automation Providers, and Oracles), (B) blockchain network fees (including Gas), and (C) any other fees described in the Products’ user interface or documentation.
4.3.2 Fees are variable. Conditional Transaction Fees may be variable, may change without notice, and may be imposed per attempt, per execution, per time period, per transaction, per claim, or on another basis, including based on network conditions, protocol mechanics, batching/aggregation, token pairs, gas prices, third-party fee schedules, and the value of the gas asset.
4.3.3 No refunds. Unless the Products expressly state otherwise in writing, Conditional Transaction Fees are NON-REFUNDABLE, including if a Conditional Transaction never executes, is delayed, executes partially, executes at an unfavorable price, fails due to network conditions, protocol mechanics, or Third-Party Services, or is canceled.
4.3.4 Claim steps and reimbursement (if applicable). Where the Products require a “claim” (or similar) step to receive assets associated with a Conditional Transaction, you are responsible for completing such step and paying any applicable network fees. Where fees or costs (including third-party automation fees and related costs) are paid or advanced to facilitate monitoring, fulfillment, or attempted fulfillment, you agree to reimburse us or the applicable Smart Contract(s) for such amounts as displayed or calculated at the time you claim (or as otherwise described in the Products).
4.3.5 Estimates may differ. Any fees displayed, quoted, or estimated when you submit a Conditional Transaction (or at any earlier point) may differ from fees ultimately incurred, paid, advanced, or reimbursed at fulfillment or claim due to factors that may change over time. THE FEES YOU INCUR OR REIMBURSE MAY BE HIGHER OR LOWER THAN ANY ESTIMATE PROVIDED WHEN YOU SUBMITTED IT.
4.3.6 Taxes. Conditional Transactions may have tax consequences; see Section 4.6.
Some Products require you to connect a Wallet. You are responsible for:
4.4.1 Selecting your Wallet provider and securing and maintaining control of your Wallet, private keys, seed phrase, and credentials.
4.4.2 Reviewing and approving transaction details before you sign or otherwise authorize a transaction through your Wallet (including, as applicable, token addresses, amounts, recipient/destination contracts, approvals/allowances, slippage tolerance, and fees)
4.4.3 Deciding whether any transaction or interaction is appropriate for you in light of the risks involved.
4.4.4 Maintaining your own records of transactions and activity.
See also Sections 2.1–2.2. Legal compliance and tax obligations are addressed in Section 4.6.
You are solely responsible for monitoring your activity and positions associated with your Wallet, including any Conditional Transactions and any positions created through Third-Party Protocols. We do not monitor your Conditional Transactions, positions, Leveraged Positions, Collateral or margin levels, liquidation thresholds, health factors, collateralization levels, Funding Payments, liquidation prices, or other similar metrics, and we have no duty to notify you of changes in market conditions, protocol conditions, or risks (including liquidations). Any alerts, notifications, or status indicators that may be shown in the Products (if any) are for convenience only and may be delayed, incomplete, inaccurate, or unavailable. Notifications delivered through any mobile application are addressed in Section 10.6.
4.6.1 Legal Compliance Generally. You are solely responsible for complying with all laws and regulations that apply to your access to and use of the Products and any Third-Party Services (including any requirements that apply in your jurisdiction). The Products are not intended for access or use where such access or use is prohibited by applicable law.
4.6.2 Sanctions; Export Controls. The representations you make at the front of this Agreement regarding sanctions and restricted parties are continuing. You will not access or use any Product if (i) you are subject to sanctions or designated on any prohibited or restricted party list (including lists maintained by OFAC), (ii) you are a citizen, resident, or organized in a jurisdiction or territory subject to comprehensive U.S. sanctions, or (iii) your access to or use of the Products would otherwise violate applicable sanctions, export controls, or related laws. You will not access or use any Product for the benefit of, or on behalf of, any person or entity described in (i)–(ii), and you will not use any Product to facilitate or support transactions involving any such person or jurisdiction, directly or indirectly. You agree to provide information we reasonably request to comply with sanctions or export control obligations, and you will promptly notify us if any of the foregoing becomes untrue. We may suspend or restrict access as described in Section 5.1 if we reasonably determine it is necessary for compliance with this subsection. See also Section 4.1.
4.6.3 Tax Obligations. You are responsible for determining and satisfying any tax obligations that may apply to you as a result of your use of the Products, including any transactions you initiate, any positions you create or unwind, and any rewards, incentives, rebates, points, or other benefits you receive (whether provided by us or by third parties). For tax issues related to third-party Sponsored Programs and Sponsored Distributions, see Section 6.8.3.
We may suspend, disable, or restrict your access to any Product (in whole or in part), with or without notice, if we reasonably determine that: (i) your access or use poses a security risk or may compromise the integrity, availability, or performance of the Products or any systems that support them; (ii) your access or use could subject us, our affiliates, or any third-party to liability, or could be unlawful; (iii) you have breached (or we reasonably suspect you have breached) this Agreement or used the Products in a prohibited or abusive manner; or (iv) we need to investigate suspected misuse, fraud, or other risk activity. We may also suspend or restrict access for operational or maintenance reasons.
For clarity, any suspension or restriction under this Section applies only to our Products (including any access we provide through a user interface or API). It does not control, pause, or disable any Third-Party Protocol, blockchain network, or your Wallet.
If you use any API we make available, we may impose or change rate limits, usage quotas, throttling, or other access restrictions at any time (for example, by user, API key, IP address, or other criteria), including to protect the Products, ensure availability, prevent abuse, or manage capacity. We may also deny, degrade, or block API access that we believe is abusive or materially interferes with the Products or other users.
By accessing or using any Product, you acknowledge and agree that: (i) Crypto Assets and decentralized finance involve significant risk, and (ii) you assume all risks arising from your access to and use of the Products, any Crypto Assets, and any Third-Party Services. Without limiting the foregoing, you understand and accept that:
6.1.1 Transactions may be irreversible. Blockchain transactions are typically final once confirmed, and errors (including sending to an incorrect address) may not be recoverable.
6.1.2 Markets are volatile. Prices of Crypto Assets may be highly volatile, and you may lose some or all of the value of your Crypto Assets.
6.1.3 Smart Contracts may fail. Smart Contracts and related software may contain bugs, vulnerabilities, or other defects that can result in unexpected outcomes or losses.
6.1.4 Networks can degrade or change. Blockchains can experience outages, congestion, latency, reorganizations, forks, validator/miner or sequencing issues, and other failures that can delay, prevent, reorder, or otherwise affect transactions.
6.1.5 Third-party data may be wrong or delayed. Price feeds, Oracles, indexing, routing inputs, and other data sources may be inaccurate, incomplete, manipulated, or delayed.
6.1.6 Regulatory and tax treatment is uncertain. Laws, regulations, enforcement priorities, and tax treatment relating to Crypto Assets and DeFi may change or be unclear, and those changes may adversely affect you or your activities.
6.1.7 Security incidents happen. Phishing, malware, SIM swap attacks, compromised devices, wallet exploits, key theft, and other attacks may result in the loss of Crypto Assets or access credentials.
6.1.8 You are responsible for your decisions. You are solely responsible for evaluating the merits and risks of any transaction or strategy you pursue using any Product.
6.1.9 DeFi-Related Risks. Depending on the Product and your activity, additional risks may include (without limitation): impermanent loss; liquidation; leverage and margin dynamics; MEV or other transaction-ordering and execution dynamics; bridge and wrapped-asset risks; protocol governance actions; parameter changes; and protocol upgrades or migrations. (Where applicable, Product- or feature-specific disclosures may appear elsewhere in this Agreement.)
6.1.10 Network fees and congestion. Network congestion may cause a Conditional Transaction to fail, be delayed, or be dropped.
6.1.11 MEV and adverse execution. Conditional Transactions may be observed and acted upon by third parties (including through front-running, sandwiching, back-running, and other MEV strategies), which may result in adverse execution prices, failed execution, or increased costs.
6.1.12 Liquidity and pool mechanics. Execution of a Conditional Transaction depends on available liquidity and protocol mechanics (including AMM curve behavior, fee tiers, tick ranges, and other design features). Low liquidity or abrupt changes may cause execution to fail or occur at unfavorable prices.
6.1.13 Approvals and permissions. If placement, fulfillment, cancellation, or claim requires token approvals, permits, or allowances, a Conditional Transaction may fail or execute differently than expected if such permissions are insufficient, revoked, expired, or otherwise invalid.
6.1.14 No Guarantee of Execution; Delays; Partial Execution; Slippage. WE DO NOT GUARANTEE THAT ANY CONDITIONAL TRANSACTION WILL TRIGGER, EXECUTE, OR SETTLE, IN WHOLE OR IN PART. Without limiting the foregoing: (i) a Conditional Transaction may never execute, may execute only partially, or may execute in multiple transactions; (ii) a Conditional Transaction intended to execute at a target price may execute at a different price (including a materially worse price) due to, among other things, slippage, price impact, liquidity conditions, volatility, fees, latency, network congestion, MEV activity, or protocol mechanics; and (iii) execution (if any) may occur after a delay (including a significant delay), and conditions may change materially during any such delay.
6.1.15 Risks Specific to Leveraged, Margined, and Perpetual Products. If you use any Product to access leveraged, margined, or Perpetual Products offered by a Third-Party Protocol, you accept the following. Leverage magnifies losses and can cost you all of your Collateral. Your Positions and Collateral may be liquidated, auto-deleveraged, or subjected to socialized loss by the protocol automatically, without notice, and regardless of what you do. Every mechanic and parameter is set by that protocol and may change and operate against you. These instruments are not offered, executed, cleared, or settled on a U.S.-registered exchange or other regulated venue, and they carry none of the accompanying protections. Marking, funding, and Liquidation may depend on prices or oracles that are delayed, inaccurate, unavailable, or manipulated. These risks are stated in full in the Perpetuals Supplemental Terms, which govern your use of Perpetuals. See also Sections 6.6 and 6.8.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCTS (INCLUDING ANY CONTENT, INFORMATION, OR OUTPUTS DISPLAYED THROUGH THE PRODUCTS) AND ANY MERCHANDISE ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Without limiting the foregoing, we do not warrant that: (i) any Product will be uninterrupted, timely, secure, or error-free; (ii) defects will be corrected; (iii) any information (including pricing, route details, analytics, protocol data, token information, or warnings) will be accurate, complete, current, or reliable; or (iv) any Product will be free of viruses or other harmful components.
As described in Section 2.1, the Products are non-custodial, and we never have custody, possession, or control of your Crypto Assets. Accordingly, we do not control your Wallet or private keys and generally cannot help you recover lost Wallet access or reverse or “undo” blockchain transactions. You are solely responsible for maintaining the security of your Wallet, private keys, seed phrase, credentials, and devices.
6.4.1 No Advice or Solicitation. We do not provide investment, financial, legal, tax, accounting, or other advice. Nothing in any Product (including any information we display) constitutes a recommendation, endorsement, solicitation, or offer to buy, sell, or hold any Crypto Asset or engage in any strategy. See also Sections 6.2 and 6.8.
6.4.2 No Fiduciary, Agency, or Broker Relationship. We do not act as your agent, broker, advisor, fiduciary, or representative. No fiduciary duties are created by this Agreement or your use of any Product, and any such duties are irrevocably disclaimed, waived, and eliminated to the maximum extent permitted by law.
6.4.3 Self-Directed Use. You are solely responsible for your decisions and actions. Any transaction you undertake is unsolicited and self-directed, and you are responsible for determining whether a transaction is suitable for you.
You are solely responsible for determining whether your acquisition, holding, use, and disposition of any Crypto Asset (and any activity you engage in using any Product) is lawful and compliant with applicable law, including any restrictions applicable to you or the relevant Crypto Asset. We do not determine, verify, or guarantee whether any Crypto Asset is registered, exempt from registration, or otherwise compliant with any securities or other laws.
We are not registered with the U.S. Securities and Exchange Commission (SEC) or the U.S. Commodity Futures Trading Commission (CFTC) in any capacity. We do not broker trading orders on your behalf and do not execute or settle transactions on your behalf; transactions occur through your Wallet and relevant Third-Party Protocols. We do not (and cannot) guarantee best execution, best pricing, or any particular outcome.
Without limiting the foregoing, we do not act as, and are not registered as, a futures commission merchant, introducing broker, commodity trading advisor, commodity pool operator, swap dealer, major swap participant, designated contract market, swap execution facility, national securities exchange, alternative trading system, broker-dealer, or any similar intermediary or venue, and we do not perform the functions of any of them. Where you interact with a Perpetual Product or other instrument made available by a Third-Party Protocol, any exchange-, contract-market-, clearing-, or venue-like functions are performed by that Third-Party Protocol, not by us. Any Third-Party Protocol you access through the Products may not be registered with or regulated by the CFTC, the SEC, or any other authority, and instruments made available through it may not be subject to the protections applicable to products offered on a registered venue. We do not verify, endorse, or represent the registration or regulatory status of any Third-Party Protocol or instrument.
We are not a bank or other regulated depository institution. Crypto Assets are not “deposits,” and any Crypto Assets engaged or utilized through the Products are not insured by the FDIC or any other governmental or regulatory entity.
6.8.1 Generally. The Products may display, link to, rely on, integrate with, or otherwise interoperate with Third-Party Services and Third-Party Content. Third-Party Services and Third-Party Content are not owned, provided, or controlled by us, and may be subject to separate terms, policies, and fees imposed by the applicable third party. We do not endorse, sponsor, or assume responsibility for (i) any Third-Party Services or Third-Party Content, (ii) any third-party website, product, service, or offer, or (iii) any transaction you enter into with a third party.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS—EXPRESS, IMPLIED, OR STATUTORY—REGARDING ANY THIRD-PARTY SERVICES OR THIRD-PARTY CONTENT (INCLUDING THEIR AVAILABILITY, SECURITY, LEGALITY, QUALITY, SUITABILITY, OR ACCURACY). YOUR ACCESS TO AND USE OF ANY THIRD-PARTY SERVICES OR THIRD-PARTY CONTENT IS AT YOUR OWN RISK.
Third-Party Services may be modified, suspended, discontinued, restricted, compromised, or otherwise changed at any time, including in ways that may affect the Products or your ability to interact with Crypto Assets. Third-Party Services may experience outages, congestion, latency, forks, reorganizations, exploits, governance changes, smart contract bugs, incorrect or delayed data (including oracle or price feed errors), transaction failures, gas spikes, or other events that may result in delays, failed transactions, unexpected outcomes, loss of Crypto Assets, or other losses.
To the maximum extent permitted by law, we disclaim all liability arising from or relating to Third-Party Services or Third-Party Content, including your access to or use of Third-Party Services or Third-Party Content, any information provided by Third-Party Services, and any actions, omissions, errors, failures, interruptions, or security incidents involving Third-Party Services.
6.8.2 Third-Party Dependencies; Data May Be Inaccurate. Conditional Transactions may rely on Oracles and/or Automation Providers. You acknowledge and agree that: (i) Oracles may be delayed, manipulated, inaccurate, incomplete, unavailable, or may reflect prices that differ from prices available on a particular venue, pool, protocol, or chain; (ii) any data used in connection with a Conditional Transaction may not reflect your expected execution venue or execution price, or the price at which you could have executed manually; and (iii) we do not control Oracles, Automation Providers, or Third-Party Protocols, and we are not responsible for their performance, availability, security, or correctness.
6.8.3 Sponsored Programs; Sponsored Distributions. From time to time, third parties may sponsor airdrops, incentives, rewards, grants, rebates, points programs, or other distributions that may be made available in connection with your use of the Products (each a “Program” and any related distribution a “Sponsored Distribution”). These Programs and Sponsored Distributions are offered by the sponsoring third-party (the “Sponsor”), not us, and are Third-Party Services.
6.8.4 Protocols We Configure. For one Third-Party Protocol reachable through the Products we perform a limited operational role: we configure the risk parameters of the Poppie Markets deployed on Euler and we operate the price oracle those markets use. We did not create Euler and do not control it, we exercise no discretion over any user’s transactions or positions, and we never take custody of Crypto Assets. That role is described in the Poppie Supplemental Terms, and every disclaimer in this Section applies to Euler and to the Poppie Markets as fully as to any other Third-Party Protocol.
We may provide tools or flows to help you discover, access, claim, or receive Sponsored Distributions, but we act solely in an administrative and technical capacity. We do not sponsor, fund, control, or guarantee any Program or Sponsored Distribution and are not responsible for Sponsor rules, eligibility, changes, delays, or termination. The Sponsor is responsible for any information reporting or withholding obligations associated with Sponsored Distributions (if any), and you remain responsible for your own compliance and tax obligations.
To the maximum extent permitted by applicable law, you waive and release Oku Trade and its officers, directors, employees, contractors, agents, affiliates, and subsidiaries from any and all claims, causes of action, liabilities, damages, losses, costs, or expenses arising out of or relating to your access to or use of (or inability to access or use) any Product, including any Points, Loot Boxes, or Merchandise, and any Leveraged Positions, Perpetual Products, or other activity through Perpetuals, offered through the Products.
This Section 7.1 applies even if such claims are based on contract, tort, negligence, strict liability, statute, or any other legal theory. Your assumption of risk is described further in Section 6 (Assumption of Risk).
If you are a California resident, you waive California Civil Code §1542, which provides: “[A] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
To the maximum extent permitted by applicable law:
7.2.1 No indirect damages. In no event will Oku Trade or its officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to any access to or use of (or inability to access or use) any Product (including any Points, Loot Boxes, or Merchandise, and any Leveraged Positions, Perpetual Products, or other activity through Perpetuals, offered through the Products).
7.2.2 No damages resulting from unauthorized access. We will not be responsible for damages resulting from hacking, tampering, or unauthorized access to or use of the Products, except to the extent caused by our gross negligence or willful misconduct where such limitation is prohibited by law.
7.2.3 Liability cap. Except as required by applicable law in cases involving personal injury, Oku Trade’s total aggregate liability to you for all claims arising out of or relating to the Products (including any Points, Loot Boxes, or Merchandise, and any Leveraged Positions, Perpetual Products, or other activity through Perpetuals, offered through the Products) will not exceed $100.00 USD (or the equivalent in the local currency of the applicable jurisdiction).
Some jurisdictions do not allow certain limitations of liability, so one or more of the above limitations may not apply to you, and these limitations apply only to the maximum extent permitted by law.
7.3.1 Generally. You agree to defend, indemnify, and hold harmless Oku Trade and its officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to: (i) your access to or use of any Product; (ii) your violation of this Agreement; (iii) your violation of any right of any third-party or any applicable law, rule, or regulation; (iv) any other person’s access to or use of the Products with your assistance or using any device, credentials, or account that you own or control; or (v) any dispute between you and any other user or any of your customers/users.
7.3.2 Indemnity process. We may, at our option, assume control of the defense of any claim subject to indemnification (without limiting your indemnification obligations). You agree to cooperate with our defense and not to settle any such claim without our prior written consent, which will not be unreasonably withheld.
YOU AGREE THAT THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, GOVERN THIS AGREEMENT AND ANY DISAGREEMENT, CLAIM, CONTROVERSY, OR CONFLICT THAT ARISES OUT OF OR RELATES TO THIS AGREEMENT, ITS INTERPRETATION, THE BREACH, TERMINATION, VALIDITY, OR ENFORCEMENT OF THIS AGREEMENT, OR THE RELATIONSHIPS WHICH RESULT FROM THE AGREEMENT (EACH, A “DISPUTE”).
YOU FURTHER AGREE THAT EACH OF OUR PRODUCTS SHALL BE DEEMED TO BE BASED SOLELY IN THE STATE OF ILLINOIS AND THAT ALTHOUGH A PRODUCT MAY BE AVAILABLE IN OTHER JURISDICTIONS, ITS AVAILABILITY DOES NOT GIVE RISE TO GENERAL OR SPECIFIC PERSONAL JURISDICTION IN ANY FORUM OUTSIDE THE STATE OF ILLINOIS.
The parties acknowledge that this Agreement evidences interstate commerce. Any arbitration conducted pursuant to this Agreement is governed by the Federal Arbitration Act.
You agree that the federal and state courts of Cook County, Illinois are the proper forum for (i) any appeals of an arbitration award, (ii) any action to enforce an arbitration award, and (iii) court proceedings in the event that this Agreement’s binding arbitration clause is found to be unenforceable.
Before initiating arbitration, you must send us a written notice of dispute by email to legal@oku.trade (“Notice of Dispute”). Your Notice of Dispute must include: (i) your name and contact information, (ii) a description of the Dispute, and (iii) the specific relief you are seeking. We will use good-faith efforts to resolve Disputes informally. If we are unable to reach an informal resolution within sixty (60) days after we receive your Notice of Dispute, then you or we may initiate arbitration as described below.
ANY UNRESOLVED DISPUTE (INCLUDING ANY CLAIM OR CONTROVERSY AS TO ARBITRABILITY) SHALL BE FINALLY AND EXCLUSIVELY SETTLED BY BINDING ARBITRATION UNDER THE JAMS OPTIONAL EXPEDITED ARBITRATION PROCEDURES.
You understand that you are required to resolve Disputes by binding arbitration. The arbitration will be held on a strictly confidential basis. All information disclosed during the arbitration process, including the existence of the arbitration, the proceedings, evidence presented, filings, the outcome, and any awards, will be kept confidential by the parties and the arbitrator, unless disclosure is required by law or agreed to in writing by all parties involved.
The arbitration will be conducted before a single arbitrator, who will be selected pursuant to JAMS rules. The arbitration will take place in Chicago, Illinois unless you and we mutually agree to hold it elsewhere. The arbitration proceedings will be conducted in English.
Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
IF, FOR ANY REASON, A CLAIM BY LAW OR EQUITY MUST PROCEED IN COURT RATHER THAN IN ARBITRATION, YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL, AND ANY CLAIM MAY BE BROUGHT ONLY IN A FEDERAL DISTRICT COURT OR AN ILLINOIS STATE COURT LOCATED IN COOK COUNTY, ILLINOIS.
YOU MUST BRING ANY AND ALL DISPUTES AGAINST US IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF IN OR MEMBER OF ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS PROVISION APPLIES TO CLASS ARBITRATION.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF ANY OF OUR PRODUCTS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
9.1.1 Changes to Terms. We may modify this Agreement from time to time. Unless we expressly state otherwise, any modification is effective when we post the updated Agreement through the website(s) and/or application(s) through which we make the Products available (including by updating the “Last updated” date). By continuing to access or use any Product after the effective date of a modification, you agree to the modified Agreement. If you do not agree to a modification, you must stop accessing and using the Products.
9.1.2 Changes to Products. We may, at any time, modify, add, suspend, remove, disable, discontinue, or restrict access to any Product or feature (in whole or in part), including changing availability by chain, protocol, asset, geography, feature version, or other criteria. We may also remove or restrict access to content made available through the Products. We have no obligation to maintain or continue any Product or feature, and we will not be liable for any modification, suspension, discontinuation, or unavailability of any Product or feature, except to the extent required by applicable law.
9.1.3 Conditional Transactions; Third-Party Services. We may modify, replace, suspend, or discontinue Conditional Transaction functionality, including the use of any particular Third-Party Service, protocol, provider, or integration, at any time. The steps, terminology, and mechanics for creating, monitoring, fulfilling, canceling, settling, or claiming a Conditional Transaction may vary by chain, protocol, asset, Wallet, and feature version, and may change over time. The Products’ user interface and/or documentation may describe additional parameters, limitations, prerequisites, or operational details for Conditional Transactions. In the event of a conflict between the user interface/documentation and this Agreement, this Agreement controls unless the documentation expressly states that it is intended to amend this Agreement.
We may provide any notice to you under this Agreement using commercially reasonable means, including using public communication channels. Notices we provide by using public communication channels will be effective upon posting.
If you need to provide notice to us under this Agreement, you must do so by email to legal@oku.trade, unless we specify a different notice method for a particular type of notice.
We may cooperate with law enforcement, regulators, courts, or other governmental authorities, and may comply with subpoenas, court orders, regulatory requests, and other legal process. We may take such actions without notice to you where we determine, in our reasonable discretion, that notice is prohibited by law, would be futile, would compromise an investigation, would risk harm to any person, or would otherwise be inappropriate. Where not prohibited and where reasonably practicable, we may attempt to provide you notice of legal process that seeks information relating to you.
This Agreement constitutes the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications, and other understandings (if any) relating to the subject matter of this Agreement.
If any provision of this Agreement is 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 this Agreement will not be affected.
You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement without our prior written consent is null and void. We may freely assign or transfer this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Our failure to enforce any right or provision of this Agreement will not be a waiver of that right or provision. Any waiver must be in writing and signed by us to be effective.
Nothing in this Agreement creates any partnership, joint venture, agency, employment, or fiduciary relationship between you and us.
We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, pandemics, network or telecommunications failures, or blockchain, protocol, or network congestion or outages.
Any provisions that by their nature should survive termination or expiration of this Agreement will survive, including provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and waivers.
This Agreement is for the benefit of you and us only and does not confer any rights or remedies on any other person or entity, except as expressly stated in this Agreement, including Section 10.10.9 (under which Apple Inc. and its subsidiaries are third-party beneficiaries of this Agreement).
The section titles and section summaries in the Agreement are for convenience only and have no legal or contractual effect.
This Section applies when you download, install, or use any mobile application we make available (each, a “Mobile App”). A Mobile App is a Product.
Except as this Section expressly says otherwise, this Agreement applies to your access to and use of any Mobile App in the same way it applies to any other Product, including the common characteristics in Section 2, your responsibilities in Section 4, the disclaimers in Section 6, and any applicable Supplemental Terms. If there is a direct conflict between this Section 10 and another provision of this Agreement or any Supplemental Terms, this Section 10 controls, but only as to your use of a Mobile App.
In addition to the license in Section 3.2, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install one copy of the Mobile App on a device you own or control and to run it for your own lawful personal use. You may not distribute it or make it available over a network to multiple devices at once. The restrictions in Section 3.3 apply. The license ends automatically when you delete the Mobile App or when this Agreement terminates; Section 9.9 governs what survives.
What is available through a Mobile App may differ from our web interfaces, and may differ between platforms, operating system versions, app stores, and jurisdictions. We may add, change, restrict, or remove features on any platform at any time, with or without notice, including where an app store’s rules require it. Nothing here is a representation that any Product or feature is or will be available on any particular platform. See Section 9.1.2.
A Mobile App may download and install updates automatically, and your device or app store settings may control whether it does. We may require you to install an update in order to continue using a Mobile App, and we may discontinue support for earlier versions at any time. An unsupported version may stop working, may work incorrectly, and may not receive security fixes. You are responsible for keeping the Mobile App and your device operating system up to date.
You are responsible for the security of the device you install a Mobile App on—keeping a passcode or screen lock, keeping the operating system current, and preventing unauthorized access. Do not install or use a Mobile App on a jailbroken, rooted, or otherwise modified device; doing so materially increases the risk of losing Crypto Assets and of unauthorized access to your Wallet. You are responsible for your carrier’s rates and data charges. See Sections 4.4 and 6.3.
A Mobile App may send push notifications, alerts, badges, or other messages, all of them a convenience only. They may be delayed, undelivered, duplicated, incomplete, inaccurate, or based on stale data, and depend on your device, operating system, network, settings, and third-party notification services we do not control. They create no obligation for us to monitor your activity, Conditional Transactions, positions, Collateral or margin levels, liquidation thresholds, Funding Payments, or anything else, and they do not modify Section 4.5 or any Supplemental Terms. Do not rely on them, and do not read the absence of a notification as meaning nothing has happened. Monitoring your own activity and positions remains yours.
A Mobile App may let you use your device’s passcode or a biometric feature such as fingerprint or facial recognition to unlock it or authorize actions in it. Your device and its operating system perform that authentication. We never collect, receive, store, or transmit a fingerprint, facial geometry, voiceprint, iris or retina scan, or any other biometric identifier—your device tells us only whether authentication succeeded. Your use of any biometric feature is governed by your device manufacturer’s and operating system provider’s terms and privacy practices.
A Mobile App provides a Wallet built into the application, and that is the only Wallet it uses. You cannot connect an external Wallet to a Mobile App. The underlying Wallet infrastructure is provided by a third party and is a Third-Party Service. We never have your private keys, seed phrase, or credentials, and the Wallet gives us no custody or control of any Crypto Asset. The Wallet operates on a model in which you authorize every transaction and every Signed Message yourself. We hold no delegated signing authority, session key, or other means of transacting from your Wallet without your authorization, and we cannot transact from it.
A Mobile App presents each transaction and Signed Message as a plain-language description of what it will do rather than as raw transaction data. That description is prepared by the Mobile App, and you will not see the underlying data in the form a desktop wallet extension would show it. You remain responsible for reviewing what is presented to you and for deciding whether to authorize it. See Sections 2.1–2.2, 4.4, and 6.3.
We may use information about your location, including information derived from your device, to apply the eligibility, jurisdictional, and geographic restrictions described in Sections 4.6.2 and 5.1 and in any applicable Supplemental Terms. You will not conceal or misrepresent your location, and you will not use a virtual private network, proxy, location spoofing tool, or any other means to circumvent those restrictions. Doing so is Prohibited Activity under Section 4.1. A Mobile App does not request device location permission; the location information we use is derived from network information and is approximate and country-level.
If you obtained the Mobile App from the Apple App Store, the following additional terms apply, and they control over any inconsistent provision of this Agreement as to that Mobile App:
10.10.1 Acknowledgment. This Agreement is concluded between you and us only, and not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the Mobile App and its content.
10.10.2 Scope of license. The license granted to you in Section 10.2 is limited to a non-transferable license to use the Mobile App on any Apple-branded product that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Mobile App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
10.10.3 Maintenance and support. We are solely responsible for providing any maintenance and support services with respect to the Mobile App, as specified in this Agreement or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.
10.10.4 Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed under Section 6.2. In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Mobile App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
10.10.5 Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the Mobile App or your possession and/or use of the Mobile App, including (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Mobile App’s use of any framework or feature. This paragraph does not limit Section 7.
10.10.6 Intellectual property claims. In the event of any third-party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
10.10.7 Legal compliance. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. See also Section 4.6.2.
10.10.8 Third-party terms. You must comply with applicable third-party terms of agreement when using the Mobile App.
10.10.9 Third-party beneficiary. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. This paragraph is an express exception to Section 9.10.
10.10.10 Contact. Questions, complaints, and claims with respect to the Mobile App should be directed to: GFX Labs, Inc. d/b/a Oku Trade, 410 N Michigan Ave, Suite N1050, Chicago, IL, USA, legal@oku.trade.
If you obtained the Mobile App from Google Play, you acknowledge that Google LLC and its affiliates (“Google”) are not a party to this Agreement and have no responsibility or liability for the Mobile App. Your download and use of the Mobile App is also subject to the Google Play Terms of Service and any other applicable Google policies, and any refund of a purchase price (if any) is governed by Google Play’s refund policy rather than by this Agreement.
If you obtain the Mobile App from any other distribution channel, additional terms required by that channel may apply and are incorporated by reference to the extent that channel requires.