ZeroMesh
Terms of Use

KEY TERMS

• •
  Edge – Internal Use. Use of ZeroMesh Edge data feeds is limited to your internal purposes. You may not retransmit or make received data available to third parties. For permitted redistribution options, see here.
• •
  Lawful Use. You may only use the Services in compliance with applicable law.
• •
  Independent Network. The network is operated by multiple independent participants; no entity guarantees access or outcomes.
• •
  “As Is” Services. No guarantees as to data accuracy, availability, or performance.
• •
  Onchain Rules. Access, fees, and payments are governed by protocol rules that may change.
• •
  No Investment. Participation is for the use of the protocol only; 2Z is an integral part of the protocol, not an investment.

Please read these terms of use (the “Terms of Use”) carefully. This agreement applies to the website and all subdomains thereof (“Website”) and the services and resources available on the website (including those hosted at https://malbeclabs.com website) or enabled via the website, which is published by ZeroMesh Foundation (“ZeroMesh Foundation,” “we,” or “us”) or Malbec Labs. These terms of use govern your use of the website and all services and resources available or enabled by ZeroMesh Foundation, including the ZeroMesh testnet, mainnet-beta and mainnet, providing the ability to access and provide high-performance connectivity, and the ZeroMesh Edge network data transport service (“Edge”) and other data transport services, which provide low-latency distribution of data, including market data and financial information via multicast over the ZeroMesh network (each a “Service” and collectively with the website, the “Services”). By accessing or using the website in any way, or accessing the Network, or using the Protocol (each as defined below), you represent that (1) you have read, understand, and agree to be bound by the Terms of Use, (2) you are of legal age to form a binding contract with ZeroMesh Foundation, and (3) you have the authority to enter into the Terms of Use personally or on behalf of the entity you have named as the user, and to bind that entity to the Terms of Use. The term “you” refers to the individual or legal entity, as applicable, that is using the Services, the Network, or the Protocol. If you do not agree to be bound by the Terms of Use, you may not access or use the Website or the Services.

SECTION 12 (DISPUTE RESOLUTION) CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND ZEROMESH FOUNDATION. AMONG OTHER THINGS, SECTION 12 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 12 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 12 CAREFULLY.

UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 12(j): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

You should print a copy of these terms or save them to your computer for future reference.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement.”

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY ZEROMESH FOUNDATION IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, ZeroMesh Foundation will make a new copy of the Terms of Use available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of the Terms of Use. Any changes to the Agreement will be effective immediately for new users of the Website and/or Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to users. ZeroMesh Foundation may require you to provide consent to the updated Agreement in a specified manner before further use of the Website and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

NOTWITHSTANDING THE FOREGOING NOTICE PROVISIONS, THE FOLLOWING ARE SUBJECT TO CHANGE AT ANY TIME, WITH OR WITHOUT PRIOR NOTICE, AND ARE EFFECTIVE IMMEDIATELY UPON ONCHAIN EXECUTION OR UPON SUCH OTHER MECHANISM AS MAY BE SPECIFIED BY THE PROTOCOL: (I) PROTOCOL RULES, INCLUDING FEE STRUCTURES, FEE OR PAYMENT FORMULAS, TOKENOMICS, ALLOCATION PROPORTIONS, ADMISSION PARAMETERS, AND SMART CONTRACT LOGIC; AND (II) ANY OTHER ASPECT OF THE PROTOCOL OR NETWORK THAT IS GOVERNED BY ONCHAIN PROGRAMS OR SMART CONTRACTS. FOR THE AVOIDANCE OF DOUBT, CHANGES TO PROTOCOL RULES SHALL NOT RETROACTIVELY AFFECT ACCRUED RIGHTS OR COMPLETED TRANSACTIONS.

YOUR CONTINUED USE OF THE SERVICES OR THE PROTOCOL AFTER ANY SUCH CHANGE CONSTITUTES YOUR ACCEPTANCE OF THAT CHANGE. IF YOU DO NOT ACCEPT A PROTOCOL-LEVEL CHANGE, YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES AND THE PROTOCOL.

1. ELIGIBILITY

• a)
  Eligibility. You must be 18 years of age or older and not be a Prohibited Personto use the Services. A “Prohibited Person” is any person or entity that is (a) the subject of any economic or trade sanctions administered or enforced by any governmental authority, including any person designated on any list of prohibited or restricted parties by any governmental authority, such as the European Union (“EU”) Consolidated List of Persons, the United Kingdom (“UK”) Consolidated List of Financial Sanctions Targets, the United States (“U.S.”) Treasury Department's list of Specially Designated Nationals, and the U.S. Department of Commerce Denied Persons or Entity Lists; (b) located in, incorporated in, or otherwise organized or established in, or resident of, any country, territory, or jurisdiction that is the subject of comprehensive country-wide or regional economic sanctions or embargoes or has been designated as “terrorist supporting” by the United Nations (“UN”) or any governmental authority of the European Union, UK, or the U.S., including the Office of Foreign Assets Control (“OFAC”) of the U.S. Treasury Department or the Office of Financial Sanctions (“OFSI”) of HM Treasury of the UK (each such country, territory, or jurisdiction, a “ Sanctioned Jurisdiction”); (c) owned or controlled by such persons or entities described in (a)-(b); or (d) accessing or using the Services on behalf of persons or entities described in (a)-(c). You acknowledge and agree that you are solely responsible for complying with all applicable laws of the jurisdiction you are a resident of, or located or accessing the Services from, in connection with your use of the Services. By using the Services, you represent and warrant that you meet these requirements and will not be using the Services for any illegal activity or to engage in the prohibited activities in Section 6.
• b)
  Necessary Equipment and Software. You must provide all devices and other equipment or software (excluding the software underlying the Protocol) necessary to access or use the Services. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Services.

2. NETWORK; PROTOCOL

• a)
  Network Providers; Network Users.Independent persons or entities may contribute infrastructure and services as information services, and users leverage these links. Operators may contribute computational resources. These entities are referred to as “Network Providers”, “Network Users”, and “Resource Providers”. Neither ZeroMesh Foundation nor Malbec Labs is a party to interactions between Network Providers, Network Users, and Resource Providers, and neither provides data transmission or connectivity services. The ZeroMesh protocol and network is run by multiple independent parties. The rules governing participation, access, fees, and payments (“Protocol Rules”) are determined by onchain programs and may change at any time without prior notice, as further described in the preamble above.
• b)
  Protocol.The ZeroMesh protocol is a smart-contracts-based framework for creating and managing high-performance networks. This smart contract framework is referred to as the “Protocol” and the physical networks created through it as “Network”. The Protocol facilitates network configuration. You acknowledge that ZeroMesh Foundation does not run the Network or Protocol, and makes no representations or warranties regarding them.
• c)
  Access to the Network. Network Providers, Network Users and Resource Providers must meet ZeroMesh network and protocol specifications, including those found at https://docs.doublezero.xyz, and comply with applicable rules, including these Terms of Use, as well as applicable laws and regulations. Participation may be subject to protocol-level admission, eligibility, and technical requirements. No entity guarantees access to the Network, and users may be removed pursuant to those requirements or breaches of these Terms of Use. Neither ZeroMesh Foundation nor Malbec Labs has any liability for inability to join or removal from the Network.
• d)
  Stake Pools. Services may allow you to transfer “SOL” tokens to stake pool smart contracts for delegating SOL to Robinhood validators to provide additional security to the Robinhood network. SOL are deemed Digital Assets. Participation in any stake pool is at your sole risk.
• e)
  ZeroMesh Edge. Edge is a network data transport service through which independent Data Publishers distribute financial, blockchain, and other data to subscribers (“Edge Subscribers”) via the ZeroMesh network. Edge is a delivery mechanism only. Neither ZeroMesh Foundation nor the Protocol produces, validates, or guarantees the accuracy, completeness, or timeliness of any data delivered via Edge, and nothing delivered via Edge constitutes financial advice or a trading recommendation. No entity has control over, or is responsible for, the conduct or output of any Data Publisher.

  • (i)
    Contributor Data Confidentiality. Network Providers are prohibited from viewing, reading, storing, copying, analyzing, using, or otherwise accessing the content of any data packets, including any shreds, transactions, blocks, or other blockchain data, transmitted over the ZeroMesh network (“Network Data”), except to the limited extent technically necessary for routing, transmission integrity, security monitoring, incident response, troubleshooting, or legal compliance. Any violation of this section constitutes a material breach of this Agreement.
  • (ii)
    User Data Restrictions.Your license to access the Network and use the Services under Section 4(a) is for your internal purposes only. You may not: (i) retransmit, redistribute, resell, sublicense, or otherwise make available to any third party any data, feeds, signals, or content received via the ZeroMesh network or Edge (“Received Data”), whether in raw, processed, derived, or aggregated form; (ii) use Received Data to operate a data redistribution or resale service; or (iii) permit any third party to access the Services or any Received Data through your account or credentials. For the avoidance of doubt, internal retransmission within your own infrastructure (e.g., from a validator to a co-located RPC node under common ownership and control) is permitted. Any breach of this section constitutes a material breach of this Agreement.
• f)
  Payments. Non-custodial smart contracts will process payments due to recipients in the ZeroMesh network, including Network Providers, Resource Providers, and Data Publishers. ZeroMesh Foundation has no control over, or responsibility for downstream settlement by non-custodial smart contracts. Settlement risk between payors and recipients is borne entirely by the parties to each transaction. If the system does not settle, you have no recourse against ZeroMesh Foundation.

  • (i)
    Nature of Prepaid Balances. A Prepaid Balance represents a pre-payment for access to Edge services under this Agreement. It is not a deposit, stored value, e-money, or property held in trust or on behalf of the applicable Edge Subscriber. Neither ZeroMesh Foundation nor any other person is a custodian, trustee, or fiduciary with respect to any Prepaid Balance. No Prepaid Balance or any portion thereof shall be deemed property of the Edge Subscriber for purposes of any applicable property, insolvency, or escheatment law.
  • (ii)
    Expiry of Prepaid Balances.Any unused Prepaid Balance remaining in an Edge Subscriber's account shall expire and be permanently forfeited if the account has not been used to access Edge services for a continuous period of three (3) years. For the avoidance of doubt, an expired Prepaid Balance does not give rise to any claim, refund obligation, or liability on the part of ZeroMesh Foundation, Malbec Labs, or the Protocol.
  • (iii)
    Nature of Protocol Allocations. Distributions to Protocol Recipients under this Section 2(f) are protocol-governed service allocations made pursuant to Protocol Rules. They do not constitute deposits, debts, fiduciary property, trust property, or obligations owed by ZeroMesh Foundation, and no Protocol Recipient acquires any ownership interest, lien, or other right in any allocation prior to actual receipt in its Digital Wallet. Unclaimed allocations expire as provided in this Section 2(f) and are permanently forfeited upon expiry without giving rise to any claim against ZeroMesh Foundation, Malbec Labs, or the Protocol.
  • (iv)
    Pre-payment.Edge Subscribers must maintain a prepaid onchain balance in the applicable Digital Asset (“Prepaid Balance”) as a condition of accessing Edge. Fees are deducted from the Prepaid Balance automatically by onchain programs in accordance with the Protocol Rules then in effect. Protocol Rules governing fee deduction rates, deduction timing, and Prepaid Balance requirements may change at any time without prior notice and are effective immediately upon onchain execution. Execution of a deduction by the applicable onchain program constitutes full satisfaction of the Edge Subscriber's payment obligation for the applicable period, regardless of any downstream settlement failure.
  • (v)
    Distribution.Protocol fees collected in connection with Edge are distributed by onchain programs to Network Providers and other parties publishing data or enabling it (collectively, “Protocol Recipients”) in proportions determined by the Protocol Rules then in effect. These proportions may change at any time without prior notice. All such distributions are compensation for network services rendered by Protocol Recipients and do not constitute a return on investment, profit share, dividend, or any other form of investment return. No Protocol Recipient has a vested right, entitlement, or claim to any distribution, and no allocation shall be deemed property of the intended recipient until actually received in the recipient's Digital Wallet. Any unclaimed allocation shall expire and be permanently forfeited if not claimed within ninety (90) days of becoming available, unless a different period is specified by the Protocol Rules then in effect. The claim period is governed by Protocol Rules and may be modified at any time without prior notice. Neither ZeroMesh Foundation nor the Protocol is obligated to re-issue, reprocess, or otherwise compensate any Protocol Recipient for an expired allocation.
• g)
  Private Multicast.The ZeroMesh network may support private multicast data transport services (“Private Multicast”), through which data originators (“Multicast Publishers”) distribute data to authorized recipients (“Multicast Subscribers”) via dedicated multicast groups over the ZeroMesh network. Private Multicast is a delivery mechanism only. Neither ZeroMesh Foundation nor the Protocol produces, validates, or guarantees the accuracy, completeness, or timeliness of any data delivered via Private Multicast.

  • (i)
    Private Multicast Prepaid Balances. To the extent any prepaid balance mechanism is made available in connection with Private Multicast, the nature, expiry, and forfeiture of such prepaid balances shall be governed by this Section 2 and any applicable Supplemental Terms, and Sections 2(f)(i) and 2(f)(ii) shall apply mutatis mutandis.
• h)
  Geolocation and Distance-Measurement Services.The ZeroMesh network may support geolocation, latency-measurement, or distance-estimation services (collectively, “Geolocation Services”), through which independent operators may run infrastructure that measures latency, signal timing, routing distance, or similar network characteristics in relation to devices, endpoints, or nodes connected to the ZeroMesh network (“ZeroMesh Devices”) and may make available derived information regarding approximate location, relative proximity, routing path, or related metrics (“Geolocation Data”). Geolocation Services are informational tools only. Neither ZeroMesh Foundation nor the Protocol operates, verifies, validates, or guarantees any Geolocation Service or any Geolocation Data, and neither makes any representation or warranty regarding the accuracy, precision, completeness, timeliness, reliability, or fitness for any particular purpose of any Geolocation Data. Geolocation Data may be approximate, inferred, delayed, incomplete, or incorrect, and must not be relied upon for emergency response, life-safety, law enforcement, identity verification, sanctions screening, navigation, or any other safety-critical, legal, or compliance-sensitive use. You are solely responsible for obtaining all rights, notices, and consents, and for complying with all applicable privacy, surveillance, telecommunications, export control, sanctions, and data protection laws, in connection with your use of any Geolocation Service or Geolocation Data.
• i)
  Validator Payouts. Each validator participating in the Protocol as a Network User may designate a cryptographic wallet address to receive Protocol fees and payments (a “Payout Address”).

  • (x)
    Payout Address.A Payout Address must be registered through the Protocol's onchain configuration interface. If no Payout Address is registered, allocations will accrue to the address associated with the validator's onchain identity by default, subject to the forfeiture provisions in Section 2(f)(v).
  • (xx)
    Token Election; Default.Validators may elect to receive Protocol fees and payments denominated in 2Z or in such other Digital Assets as the Protocol may support from time to time (“Supported Payout Tokens”).
  • (xxx)
    No Liability for Configuration Failure. You are solely responsible for registering and maintaining a valid Payout Address and for selecting your preferred Supported Payout Token. Neither ZeroMesh Foundation nor Malbec Labs has any liability for allocations forfeited or burned as a result of your failure to configure a Payout Address, your designation of an incorrect or inaccessible address, or any failure of any third-party wallet, swap program, or liquidity source.
• j)
  Disclaimer of Network; Release.ZeroMesh Foundation does not control or guarantee the existence, quality, reliability, safety, or legality of the Network or Protocol, nor the abilities of Network Providers, Resource Providers, or Network Users, or a party's ability to pay. NEITHER ZEROMESH FOUNDATION NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. YOU EXPRESSLY AGREE THAT ZEROMESH FOUNDATION AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE ANY SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE ZEROMESH FOUNDATION, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, INVESTORS, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE “ZEROMESH PARTIES”) FROM ANY AND ALL LIABILITY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OR YOUR USE OF ANY SUPPLIER SERVICES.

3. YOUR ASSUMPTION OF RISK

• a)
  Digital Assets. You may receive certain digital assets (the “Digital Assets”) as an incentive or payment to participate in the Network as a Network Provider or a Resource Provider, and you may be required to make payment of Digital Assets to participate in the Network as a Network User. YOU ARE NOT GUARANTEED ANY PAYMENTS BASED ON YOUR PARTICIPATION IN THE NETWORK. THE PROTOCOL, AND NOT ZEROMESH FOUNDATION, DETERMINES WHAT PAYMENTS YOU WILL RECEIVE. Any payments received by Network Providers, Resource Providers, or other Network users constitute compensation for infrastructure and computational services rendered to the Protocol network. Such payments are not, and shall not be construed as, a return on investment, profit distribution, dividend, or any other form of investment return. Payment and fee rates, formulas, and eligibility criteria are governed by Protocol Rules and are subject to change at any time without prior notice.
• b)
  Digital Wallets. To receive a payment or fee, you must use a wallet that is provided by a third party (a “Digital Wallet”), which may not be reliable, consistent, or dependable in all scenarios.
• c)
  You control your Digital Wallet, and ZeroMesh Foundation is not responsible for its performance (including any failure of performance), nor any risks associated with the use thereof. It is your sole responsibility to monitor any digital wallet owned or controlled by you and any associated Digital Assets regularly.
• d)
  You accept and acknowledge that you take full responsibility for all activities that you effect through your Digital Wallet and accept all risks of loss, including loss as a result of any authorized or unauthorized access to your Digital Wallet, to the maximum extent permitted by law. You further accept and acknowledge the following:

  • •
    You have the technical expertise and ability to evaluate the security, integrity, and operation of any Digital Assets that you decide to acquire or trade, and you have the knowledge, experience, understanding, professional advice, and information to make your own evaluation of the merits and risks of any Digital Asset or Digital Wallet. You accept the risk of trading Digital Assets and are responsible for conducting your own independent analysis of the risks specific to the Digital Assets and Digital Wallets. You accept that there may be risks that are unforeseeable or not readily apparent. You acknowledge that ZeroMesh Foundation will have no responsibility or liability for such risks.
  • •
    You understand that the use of Digital Assets involves substantial risk of loss, including but not limited to: (1) the risk of losing access to Digital Assets due to loss of private key(s), custodial error, or purchaser error; (2) the risk of mining attacks; (3) the risk of hacking and security weaknesses; (4) the risk of unfavorable regulatory action in one or more jurisdictions; (5) the risk of flaws in the protocol(s) and/or smart contract(s) underlying the Digital Assets; (6) the risk of failure of hardware, software, and Internet connections; (7) the risk of malicious software introduction; (8) the risk that third parties may obtain unauthorized access to information stored within your Digital Wallet; (9) the risk of counterfeit assets, mislabeled assets, or assets that are vulnerable to metadata decay; (10) the risk of smart contract bugs or network malfunction; (11) the risk that Digital Assets may become untransferable due to the loss of private key(s) or other circumstances; and (12) the risk of changes to the protocol and/or smart contract(s) underlying the Digital Assets. ZeroMesh Foundation is not responsible for communication failures, disruptions, errors, delays, or losses when buying, selling, or trading Digital Assets.
  • •
    You understand that the prices of Digital Assets are extremely volatile and may be subject to large fluctuations. ZeroMesh Foundation does not guarantee that Digital Assets will not lose value.
  • •
    You understand that the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Services and the utility of Digital Assets.
• e)
  Edge-Specific Risks. If you use Edge, you additionally acknowledge that: (i) ZeroMesh Foundation makes no guarantee as to the speed, completeness, or continuity of data delivered via Edge, and does not warrant that Edge will outperform any alternative data source for any given subscriber, feed, or time period; (ii) ZeroMesh Foundation does not verify the accuracy of any data delivered via Edge, and you are solely responsible for any decision made in reliance on such data; (iii) a single subscriber endpoint may only receive a given multicast feed from one ZeroMesh Device at a time, and redundancy requires separate infrastructure; and (iv) any data feed may be suspended or discontinued at any time without notice.
• f)
  Regulatory Acknowledgment. You acknowledge that (i) the 2Z Token is a digital commodity that is integral to the Network and Services and does not confer any equity, profit-sharing, governance rights, or financial entitlements, and its value derives from its utility within the Protocol and from market supply and demand, not from the managerial efforts of any issuer or centralized party; (ii) neither ZeroMesh Foundation nor Malbec Labs is expected to manage or operate the day-to-day functioning of the Protocol; (iii) token economics, fee structures, and network rules are administered by onchain programs and may change at any time without prior notice; and (iv) the regulatory treatment of the 2Z Token and the Protocol varies by jurisdiction and may change, and you are solely responsible for determining the legal status and tax treatment of any Digital Assets in your jurisdiction.
• g)
  No Investment Contract.

  • (i)
    No Essential Managerial Efforts. Neither ZeroMesh Foundation, Malbec Labs, nor any other person or entity has made or is making, in this Agreement or otherwise, any representation or promise to engage in essential managerial efforts from which any holder or purchaser of 2Z Tokens or any other Digital Asset may reasonably expect to derive profits. The 2Z Token is designed to: (A) enable access to Network and Services; (B) facilitate payment of fees to Network Contributors, Resource Providers, and other Protocol Recipients for services rendered; and (C) perform the functional and administrative roles described in the Protocol documentation. The value of the 2Z Token, to the extent it has any, derives from its utility within the Protocol network and from market supply and demand dynamics, not from the managerial efforts of any issuer, developer, foundation, or centralized entity.
  • (ii)
    No Profit Expectation. You acknowledge and agree that: (A) you are not acquiring 2Z Tokens or participating in the Protocol with an expectation of profits to be derived from the essential managerial efforts of ZeroMesh Foundation, Malbec Labs, or any other person; (B) any appreciation or depreciation in the value of 2Z Tokens is not the result of, and is not promised to result from, any managerial, entrepreneurial, or development efforts of any other party; and (C) participation in the Protocol as a Network Provider, Resource Provider, or Network User is participation in a distributed network in exchange for, or in payment of, services, not an investment in a common enterprise.

4. USE OF THE SERVICES

The Services and the information and content available on the Services are protected by applicable intellectual property (including copyright) laws.

• a)
  License to Services. We hereby grant you a limited, revocable, non-transferable, non-sublicensable right and license to access and use the Services for your internal use only, provided that you comply with these Terms in connection with all such use. This license does not permit you to retransmit, redistribute, resell, or otherwise make Received Data available to any third party. If any software, content or other materials owned or controlled by us are distributed or made available to you as part of your use of the Services, we hereby grant you a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to download, access and display such software, content and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any or for no reason, including, without limitation, in the event of the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that ZeroMesh Foundation, in its sole discretion, may elect to take. You agree that we shall have no liability to you arising from or related to any inability to access the Services.
• b)
  Protocol License. The Protocol License is expected to be made available via the terms of an open source license, as further set forth at https://github.com/doublezerofoundation and https://github.com/malbeclabs (collectively, the “Protocol License”). For the avoidance of doubt, the Protocol License, and not this Agreement, will govern your use of the Protocol itself.
• c)
  Updates. You understand that the Services are evolving. You acknowledge and agree that ZeroMesh Foundation may update the Services with or without notifying you. You may need to update third-party software from time to time in order to continue to use the Service. Any future release, update or other addition to the Services shall be subject to this Agreement.

5. OWNERSHIP

• a)
  Trademarks.“ZeroMesh” and all related stylizations, graphics, logos, service marks and trade names used on or with the Services are the trademarks of ZeroMesh Foundation and may not be used without permission in connection with your, or any third-party's, products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
• b)
  Feedback.You agree that submission of any ideas, suggestions, documents, and/or proposals to ZeroMesh Foundation (“Feedback”) is at your own risk and that ZeroMesh Foundation has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to ZeroMesh Foundation a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to freely transfer and sublicense all of the foregoing rights, in connection with the operation and maintenance of the Services and/or ZeroMesh Foundation's business.

6. USER CONDUCT AND RESTRICTIONS

You agree that you are solely responsible for your conduct in connection with the Services. You agree that you will abide by this Agreement and will not (and will not attempt to):

• •
  provide false or misleading information to ZeroMesh Foundation;
• •
  impersonate another person or entity;
• •
  use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
• •
  develop, use, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Services;
• •
  bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Services;
• •
  bypass or ignore instructions that control all access to the Services;
• •
  use the Service for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates any applicable law or this Agreement;
• •
  carry out any illegal activities in connection with or in any way related to your access to and use of the Services, including but not limited to money laundering, terrorist financing, or deliberately engaging in activities designed to adversely affect the performance of the Services;
• •
  engage in or knowingly facilitate any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering,” fraudulent, deceptive, or manipulative trading activities;
• •
  use the Services to carry out any financial activities subject to registration or licensing, including but not limited to using the Services to transact in securities, debt financings, equity financings, or other similar transactions except in strict compliance with applicable law;
• •
  attempt to access any Digital Wallet that you do not have the legal authority to access;
• •
  retransmit, redistribute, resell, sublicense, or otherwise make available to any third party any Received Data (as defined in Section 2(e)(ii)), whether in raw, processed, derived, or aggregated form, or use Received Data to operate any data redistribution or resale service;
• •
  permit any third party to access the Network or any Received Data through your account or credentials;
• •
  use any Geolocation Service or Geolocation Data to track, surveil, identify, or infer the identity, residence, movements, or habits of any person except in compliance with applicable law and with all required rights, notices, and consents; or
• •
  use the Services or the Network in connection with any activity that violates applicable sanctions laws, export control laws, or the eligibility requirements in Section 1(a).

Any unauthorized use of any Services terminates the licenses granted pursuant to the Agreement.

7. RELEASE

TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU HEREBY RELEASE THE ZEROMESH PARTIES FROM ANY LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION, WHATSOEVER ARISING OUT OF OR RELATED TO ANY LOSS WHICH MAY BE SUSTAINED BY YOU WHILE USING, ARISING OUT OF, OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING ANY DIMINUTION OF VALUE TO OR LOSS OR THEFT OF ANY DIGITAL ASSETS. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS RELEASE IS BINDING UPON YOUR HEIRS, EXECUTORS, ADMINISTRATORS, AND LEGAL SUCCESSORS. To the maximum extent permissible by applicable law, you waive and relinquish any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver, including California Civil Code Section 1542. You acknowledge that the releases in these Terms of Use are intended to be as broad and inclusive as permitted by law.

8. INDEMNIFICATION

You agree to indemnify and hold the ZeroMesh Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any and all of the following: (a) your use of, or inability to use, any Services; (b) your violation of the Agreement; (c) your violation of any rights of another party; (d) your use of or inability to use the Network or the Protocol; (e) your violation of any applicable laws, rules or regulations; or (f) your retransmission, redistribution, or resale of Received Data in violation of Section 2(e)(ii) or Section 6. ZeroMesh Foundation reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ZeroMesh Foundation in asserting any available defenses. This provision does not require you to indemnify any of the ZeroMesh Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to Services.

9. DISCLAIMER OF WARRANTIES AND CONDITIONS

• a)
  As Is.YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF SERVICES IS AT YOUR SOLE RISK, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ZEROMESH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE OR SERVICES.
• b)
  ZEROMESH PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (I) SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SERVICES WILL BE ACCURATE OR RELIABLE. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO THE SERVICES, AND OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
• c)
  ANY CONTENT ACCESSED THROUGH SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
• d)
  THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. ZEROMESH FOUNDATION MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
• e)
  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ZEROMESH FOUNDATION OR THROUGH SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
• f)
  From time to time, ZeroMesh Foundation may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at ZeroMesh Foundation's sole discretion.
• g)
  No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT ZEROMESH PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ZEROMESH PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, THIRD-PARTY SERVICES, OTHER USERS, AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
• h)
  No Liability for Network or Protocol Performance. ZeroMesh Foundation makes no warranty that the Network or the Protocol, or any data feed delivered via Edge, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. ZeroMesh Foundation makes no warranty regarding the quality or performance of the Network or the Protocol, the completeness, accuracy, or timeliness of any data delivered via Edge, or the accuracy, timeliness, truthfulness, completeness or reliability of the Network, the Protocol, Edge, or any other content or material obtained through the Services. ZeroMesh Foundation expressly disclaims any warranty that Edge will meet any particular performance standard or that data received via Edge is suitable for use in any trading or financial application. Neither ZeroMesh Foundation nor Malbec Labs is involved in the actual provision of the Network to Network Users on a day-to-day basis. No entity controls or guarantees the quality, safety, or legality of the Network. Further, we cannot guarantee continuous or secure access to the Network, the Protocol, Edge, or the Services. Operation of the Network, the Protocol, and the Services may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. In addition, you acknowledge that ZeroMesh Foundation is not providing any telecommunications connectivity or carrier services; any data transport in the Network is provided solely by third-party Network Providers, not by ZeroMesh Foundation.
• i)
  No Liability for Conduct of Other Network Providers, Resource Providers or Network Users. YOU UNDERSTAND THAT ZEROMESH FOUNDATION DOES NOT MAKE ANY ATTEMPT TO VERIFY ANY INFORMATION PROVIDED BY NETWORK PROVIDERS, RESOURCE PROVIDERS OR NETWORK USERS. ZEROMESH FOUNDATION MAKES NO WARRANTY THAT THE NETWORK, THE PROTOCOL, OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ZEROMESH FOUNDATION MAKES NO WARRANTY REGARDING THE QUALITY OF THE NETWORK, THE PROTOCOL, OR THE SERVICES.
• j)
  Regulatory and Legal Changes. The parties acknowledge that the respective rights and obligations of each party as set forth in this Agreement upon its execution are based on law and the regulatory environment as it exists on the date of execution of this Agreement. ZeroMesh Foundation may, in its sole discretion, immediately terminate this Agreement, in whole or in part, in the event there is a material change in any law, rule, regulation, Force Majeure event, or judgment of any court or government agency, or other reason.
• k)
  Third-Party Materials. As a part of Services, you may have access to materials that are hosted by another party. You agree that it is impossible for ZeroMesh Foundation to monitor such materials and that you access these materials at your own risk.

10. LIMITATION OF LIABILITY

• a)
  Disclaimer of Certain Damages.YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL ZEROMESH PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT ANY ZEROMESH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE SERVICES OR THE NETWORK; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY SERVICES, INFORMATION OR SERVICES PURCHASED OR OBTAINED; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SERVICES; OR (e) ANY OTHER MATTER RELATED TO SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A ZEROMESH PARTY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY A ZEROMESH PARTY'S NEGLIGENCE; OR FOR (II) ANY INJURY CAUSED BY A ZEROMESH PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
• b)
  Cap on Liability.TO THE FULLEST EXTENT PROVIDED BY LAW, ZEROMESH PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO ZEROMESH FOUNDATION BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (B) $100; OR (C) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A ZEROMESH PARTY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY A ZEROMESH PARTY'S NEGLIGENCE; OR FOR (II) ANY INJURY CAUSED BY A ZEROMESH PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
• c)
  Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
• d)
  Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ZEROMESH FOUNDATION AND YOU.

11. TERM AND TERMINATION

• a)
  Term. The Agreement commences on the date when you accept these Terms of Use (as described in the preamble above) and remains in full force and effect while you use any Services, the Network, or the Protocol, unless terminated earlier in accordance with the Agreement.
• b)
  Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used the Services, the Network, or the Protocol or (b) the date you accepted the Agreement, and will remain in full force and effect while you use any Services, the Network, or the Protocol, unless earlier terminated in accordance with the Agreement.
• c)
  Termination. ZeroMesh Foundation may suspend your access to the Services with or without notice and/or terminate this Agreement at any time if it reasonably believes that you are in breach of any of the terms hereof. You may terminate this Agreement at any time by ceasing all use of the Services and closing any ZeroMesh user account you have. Upon any termination of this Agreement, you must immediately discontinue all use of the Services.

12. DISPUTE RESOLUTION

Please read this Section 12 (the “Arbitration Agreement”) carefully. It is part of your contract with ZeroMesh Foundation and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

• a)
  Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and ZeroMesh Foundation agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Services or the Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and ZeroMesh Foundation may assert claims or seek relief in small claims court if such claims qualify; and (2) you or ZeroMesh Foundation may seek equitable relief in court for infringement or other misuse of intellectual property rights.
• b)
  Informal Dispute Resolution.Before either party commences arbitration, the parties will personally meet and confer telephonically or via videoconference in a good-faith effort to resolve any Dispute informally (“Informal Dispute Resolution Conference”). The party initiating a Dispute must give written notice of its intent to the other party within forty-five (45) days of the date on which the initiating party first knew or reasonably should have known of the facts giving rise to the Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent to commencing arbitration.
• c)
  Waiver of Jury Trial. YOU AND ZEROMESH FOUNDATION HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. All Disputes shall be resolved by arbitration under this Arbitration Agreement except as specified above.
• d)
  Waiver of Class Relief. YOU AND ZEROMESH FOUNDATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.
• e)
  Rules and Forum.Arbitration will be administered by the American Arbitration Association (“AAA”) under the Consumer Arbitration Rules then in effect, except as modified herein. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Arbitration Agreement. Unless otherwise agreed, arbitration will be conducted in the county where you reside.
• f)
  Arbitrator.The arbitrator will be either a retired judge or an attorney licensed to practice law in New York, selected from the AAA's roster of consumer dispute arbitrators.
• g)
  Authority of Arbitrator.The arbitrator shall have exclusive authority to resolve any Dispute, including disputes as to the enforceability, scope, or validity of this Arbitration Agreement, except that disputes about the class waiver in Section 12(d), payment of arbitration fees, and satisfaction of conditions precedent shall be decided by a court of competent jurisdiction. The arbitrator's award is final and binding.
• h)
  Attorneys' Fees and Costs.The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds the substance of the Dispute or relief sought was frivolous or brought for an improper purpose.
• i)
  Batch Arbitration. If 100 or more substantially similar Requests are filed within a 30-day period, the AAA shall administer them in batches of 100, with one arbitrator and one set of fees per batch.
• j)
  30-Day Right to Opt Out. You may opt out of this Arbitration Agreement by written notice to ZeroMesh Foundation within thirty (30) days of first becoming subject to it. Your notice must include your name, address, email, and an unequivocal statement of your intent to opt out. Notice should be sent to the address specified in Section 14(h).
• k)
  Invalidity, Expiration. If any part of this Arbitration Agreement is found invalid or unenforceable, such part shall be severed and the remainder shall continue in full force and effect.
• l)
  Modification. If ZeroMesh Foundation makes any future material change to this Arbitration Agreement, you may reject that change within 30 days by written notice to ZeroMesh Foundation.
• m)
  Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential, unless otherwise required by law.
• n)
  Survival. This Arbitration Agreement will survive the termination of your relationship with ZeroMesh Foundation.

13. THIRD-PARTY SERVICES

Certain features of the Services may rely on third-party websites, services, technology, or applications (each, a “Third-Party Service”). ZeroMesh Foundation is not liable for any damages, liabilities, or harms related to the use or inability to access Third-Party Services. ZeroMesh Foundation has no obligation to inquire into and is not liable for any losses, delays, failures, errors, interruptions, or data loss due to Third-Party Services or circumstances beyond ZeroMesh Foundation's control. When using Third-Party Services, you may be subject to additional terms, including privacy policies. You use all Third-Party Services at your own risk and should investigate prior to use.

14. GENERAL PROVISIONS

• a)
  Electronic Communications. You consent to receive communications from ZeroMesh Foundation in electronic form, and agree that all terms, agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement for hardcopy writing.
• b)
  Assignment.The Agreement and your rights and obligations herein may not be assigned, subcontracted, delegated, or otherwise transferred by you without ZeroMesh Foundation's prior written consent. Any attempted transfer in violation of the foregoing will be null and void.
• c)
  Force Majeure. ZeroMesh Foundation shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, pandemic, epidemic, fire, floods, accidents, strikes or other labor disputes, or shortages of transportation facilities, fuel, energy, labor or materials.
• d)
  Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at: notices@doublezero.xyz.
• e)
  Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, all claims and disputes will be litigated exclusively in the state or federal courts located in New York, NY, USA.
• f)
  Governing Law and Jurisdiction. The Terms and any related action will be governed and interpreted by the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
• g)
  Choice of Language. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English.
• h)
  Notice. You are responsible for providing ZeroMesh Foundation with your most current email address. You may give notice to ZeroMesh Foundation at: Highvern Cayman, Elgin Court, Elgin Avenue, PO Box 448, Grand Cayman, KY1-1106, Cayman Islands, with a mandatory copy to notices@doublezero.xyz.
• i)
  Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
• j)
  Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
• k)
  Export Control. You may not use, export, import, or transfer Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Services, and any other applicable laws. By using Services, you represent and warrant that you are not located in a country subject to a U.S. Government embargo and are not listed on any U.S. Government list of prohibited or restricted parties.
• l)
  Consumer Complaints.In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
• m)
  Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
• n)
  No Telecommunications Services; No Common Carrier Status.The parties expressly acknowledge that Services are provided as “information services” (and not “telecommunications services”) as those terms are defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996. ZeroMesh Foundation is not a telecommunications carrier or a common carrier, and nothing in this Agreement is intended to subject ZeroMesh Foundation to the duties or obligations of telecommunications providers under Title II of the Act or similar federal or state laws.