Socean Terms Of Use

Last Modified: 2021-09-01

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY USING THE SERVICES ON THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF USE. YOU AFFIRM THAT IF YOU USE THE SERVICES ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS OF USE.

1. Acceptance of the Terms of Use.

These terms of use are entered into by and between you (the "User") and Socean Finance LLC (the "Company," "we," "our," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms of Use"), govern User's access to and use of https://socean.fi, including any content, functionality, and services offered on or through https://socean.fi (the "Website").

The User must read the Terms of Use carefully before it starts to use the Website. By using the Website, the User accepts and agrees to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If the User does not want to agree to these Terms of Use, the Privacy Policy, or any documents that are incorporated herein by reference, the User must not access or use the Website.

This Website is offered and available to users who are eighteen (18) years of age or older. By using the Website, the User represents and warrants that the User is at least the higher of legal age to form a binding contract with the Company in the User's applicable jurisdiction or eighteen (18) years of age and meets all of the foregoing eligibility requirements. Further, by using this Website, the User represents and warrants that the User is not a citizen or resident of, nor is located in, any country against which the United States has sanctioned or embargoed or where the use of the Website is otherwise illegal or impermissible, whether by rule, statute, regulation, bylaw, court adjudication or order, protocol, administrative statement, code, decree, or other directive, requirement or guideline, whether applicable on the Company, the Website, the Services, or on the User (or multiple of the foregoing) by an authority with valid and enforceable jurisdiction (collectively, "Applicable Laws"), or is otherwise a citizen or resident of, or located within, any Prohibited Jurisdiction (as defined below in the Prohibited Uses section of these Terms of Use). If the User does not meet all of these requirements, the User must not access or use the Website.

The Services; Blockchain Fees.

The Website provides access to our automated staking pool management tools (the "Tools") that operate on or across the Solana Network's blockchain ("Solana"), information about the Tools and Website, and other resources for our community and the Solana community at large (collectively, the "Services"). The Tools allow for the pooling of funds denominated in "SOL," the digital asset native to Solana, to be algorithmically delegated to a group of validators on the User's behalf. The Services also include displays of certain types of informational feeds ("Feeds"), open-source documentation or software (collectively, "Docs"). Your full use and enjoyment of the Services may require you to pay deposit fees, withdrawal fees, and ongoing management fees. These fees may be paid directly or through the provision of the Services. These fees may be altered in the future either by the Company or by the Socean community, and Users are solely responsible for checking these fees before performing transactions through the Tools. In no event will the Company be responsible to you or any other party for the payment, repayment, refund, disbursement, indemnity, or for any other aspect of your use or transmission of such deposit, withdrawal or management fees. For clarity, except in the case of a violation of these terms, you will never be entitled to a refund for any of the foregoing fees.

Additionally, your use and enjoyment of the Services may require you to pay transactional fees required by Solana or another related blockchain or distributed ledger service ("Blockchain Fees"). These Blockchain Fees are not levied directly by the Company, but rather are determined by your use of the Services and Solana according to the rules placed by the Solana community at large. You acknowledge that the Company has no control over Blockchain Fees (including, without limitation, their applicability, methods of payments, actual payments, amounts, transmission, and effectiveness) whether related to your use of the Services or otherwise, and agree that in no event will the Company be responsible to you or any other party for the payment, repayment, refund, disbursement, indemnity, or for any other aspect of your use or transmission of Blockchain Fees.

Finally, you understand and acknowledge that crypto-assets are highly volatile by nature and frequently fluctuate in value and that we cannot nor do not control nor make any guarantee regarding the financial or other success of your efforts.

Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section of these Terms of Use will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.

The User's continued use of the Website following the posting of revised Terms of Use means that the User accepts and agrees to the changes. The User is expected to check this page each time it accesses this Website, so it is aware of any changes, as they are binding on the User.

Accessing the Website and User Security.

We reserve the right to withdraw or amend the Website, and any Services or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website or the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, or to those who access the Website ("Participant(s)").

The User is responsible for:

• Making all arrangements necessary for the User to have access to the Website.

• Ensuring that all persons who access the Website through the User's internet connection are aware of these Terms of Use and comply with them.

• Ensuring that the User has a sufficient balance of the applicable SOL stored in the User's digital asset wallet required to use the Services.

To access the Website, the Services, or some of the resources they offer, the User may be required to utilize certain Web3 capabilities, such a crypto-asset wallet capable of interacting with the User's web browser or a Solana node ("Web3 Utilities"). It is a condition of the User's use of the Website and the Services that the User only operate such Web3 Utilities with a private key(s) that the User created or has the direct, explicit permission of the party who created the relevant private key(s). The User agrees that all information it provides to interact with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and the User consents to all actions we take with respect to the User's information consistent with our Privacy Policy.

If the User utilizes a Web3 Utility that relies on a username, password, private key, or any other piece of information as part of its security procedures, the User must treat such information as confidential, and the User must not disclose that information to any other person or entity. The User also acknowledges that any identity linked to its Web3 Utility is personal to the User and agrees not to provide any other person with access to such identity. The User further agrees to ensure that it will lock or otherwise prevent its Web3 Utility from unauthorized use on this Website or the Services at the end of each session. The User should use particular caution when accessing the Website or the Services from a public or shared computer so that others are not able to view or record the User's crypto-asset wallet passwords, private key(s), or other personal information. The User acknowledges that notwithstanding any other circumstances, events, or factors we will assume any identity presented to the Website via a Web3 Utility that it has previously used continues to belong to that User.

We have the right to disable any identity associated with a Web3 Utility (such as that represented by a public address) or its use on the Website or in conjunction with the Services, or to block any IP address from accessing the Website at any time in our sole discretion for any or no reason, including if, in our opinion, the User or that identity has violated any provision of these Terms of Use, including accessing or attempting to access the Website or the Services from a Prohibited Jurisdiction (as defined below in the Prohibited Uses section of these Terms of Use).

Intellectual Property Rights.

Except any open-source software or other material incorporated the Website or the Services, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The User must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• The User's computer may temporarily store copies of such materials in RAM incidental to the User's accessing and viewing those materials.

• The User may store files that are automatically cached by the User's web browser for display enhancement purposes.

• The User may print or download one copy of a reasonable number of pages of the Website for the User's own personal, non-commercial use and not for further reproduction, publication, or distribution.

• If we provide desktop, mobile, or other applications for download, the User may download a single copy to its computer or mobile device; provided that the User agrees to be bound by our end user license agreement or other similar applicable agreement for such applications.

• For any open-source materials provided on the Website or through the Services, the User may perform any activities only as is consistent with the open-source license applicable to such materials.

The User must not:

• Modify copies of any materials from this Website unless otherwise authorized.

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

If the User wishes to make any use of material on the Website other than that set out in this section, it should address its request to socean@socean.fi.

If the User prints, copies, modifies, downloads, or otherwise uses or provides any other person with access to any part of the Website in breach of these Terms of Use, the User's right to access the Website will stop immediately and the User must, at our option, return or destroy any copies of the materials the User has made. No right, title, or interest in or to the Website or any content on the Website is transferred to the User, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks.

The Company name, the term "Socean," and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company; provided, however, User is hereby granted permission and license to use the term "Socean" and any related names (excluding the Company name), logos (excluding the Company logo), product and service names, designs, and slogans in any way that they see fit so long as such usage is not done in a way that: (1) is deceitful, fraudulent, or manipulative; (2) implies any relationship between User and the Company beyond that reasonably typical of the administrator of an Website and its users; or (3) to cause confusion in any way to gain crypto-assets of, or personal information about, another party other than that intended by the Services or Solana (for example, you may not use the foregoing marks to execute phishing attacks, spearphishing attacks, social engineering, or in any way that may cause a party to transmit crypto-assets to an unintended recipient or to reveal private information, like a private key or password). All other names, logos, product and service names, designs, and slogans on the Website and Website are the trademarks of their respective owners.

Prohibited Uses.

The User may access or use the Website and the Services only for lawful purposes and in accordance with these Terms of Use. The User agrees not to use or access the Website or the Services:

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

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

• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, screen names, similarly named or commonly misspelled URLs, or associated blockchain identities).

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

• If they are a citizen of or otherwise accessing the Website from the United States and its territories, China, Iran, North Korea, Cuba, Syria, or Eritrea, or if the User is otherwise listed as a Specially Designated National by the United States Office of Foreign Asset Control ("OFAC") (collectively, "Prohibited Jurisdictions").

• By circumnavigating technical controls that prevent the User from accessing the Website for any reason, including but not limited to using a virtual private network ("VPN") to obfuscate the User's geographic location in order to evade the Website's IP address blocking or similar technologies or efforts.

• If doing so is illegal or impermissible according to any Applicable Laws.

Additionally, the User agrees not to:

• Be likely to deceive or defraud any person, including without limitation, providing any false, inaccurate, or misleading information with the intent to unlawfully obtain the property of another, or to provide knowingly or recklessly false information in a way that causes inaccuracy among the Feeds.

• Use the Services to engage in any behavior that may considered fraudulent, manipulative, or deceitful (including, without limitation, stealing private keys, using stolen private keys for illicit activity, etc.).

• Use the Services to trade or transact any assets considered "securities" under the Securities Act of 1933 and the Exchange Act of 1934.

• Promote any illegal activity, or advocate, promote, engage in, or assist any unlawful act, including (without limitation) the sale, dispossession, laundering, or otherwise transacting any crypto-asset the User has gained through theft or any other illegal, illicit, or fraudulent means.

• Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy any other person.

• Impersonate any person, misrepresent the User's identity, or misrepresent its affiliation with any person or organization.

• Engage in any activity or behavior that violates any Applicable Law, rule, or regulation concerning, or otherwise damages, the integrity of the Feeds, the Services, or any other service or software which relies on the Feeds or the Services.

• Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

• Use the Website in any manner that could disable, overburden, damage, impair, or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.

• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Website or the Services.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other software or material that is malicious or technologically harmful to the Website, the Participants, the Company, or Solana.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website, including any underlying blockchain.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under Applicable Laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

• Attack the Website, the Services, the Company, or Solana via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Website or the Services.

Monitoring and Enforcement; Termination.

We have the right to:

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

• Terminate or suspend a User's access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using or accessing the Website or the Services. THE USER WAIVES AND HOLDS HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review interactions or activities before they are executed through the Website, and, given the nature of blockchain and functionalities like those offered via the Services, cannot ensure prompt removal or rectification of objectionable interactions or activities after they have been executed or the display of inaccurate information. Accordingly, the User agrees that we assume no liability for any action or inaction regarding transmissions, communications, transactions, blockchain operations, or content provided by any Participant or third party, including any malfunction or inaccuracy displayed by the Feeds. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section, nor for any harms or damages created by others' interactions with any blockchain underlying the Services or the information presented on the Website.

Reliance on Information Posted.

The information presented on or through the Website or the Services (including, without limitation, the Docs and the Feeds) is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance the User places on such information is strictly at the User's own risk, and as is common in the blockchain space, the User is assuming a high amount of risk related to others or technical harms when operating via the Website and the Services. We disclaim any and all liability and responsibility arising from any reliance placed on such materials by the User or any other Participant, by anyone who may be informed of any of the Website's or the Services' contents, or by the actions (or omissions) of others interacting with any underlying blockchain.

This Website or the Services (including, but not limited to, the Feeds) may include content provided by third parties, including materials provided by other users, bloggers, validators, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to the User or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website.

We may update the content on, design of, or functionalities available through the Website or through the Services from time to time, but the Website and the Services are not necessarily complete or up to date. Any of the information on the Website or provided through the Services may be out of date at any given time, and we are under no obligation to update such material.

Information About the User and The User's Visits to the Website.

All information we collect on the Website is subject to our Privacy Policy. By using the Website, the User consents to all actions taken by us with respect to the User's information in compliance with the Privacy Policy.

WARRANTY DISCLAIMER.

The Company is a developer of open-source software and does not unilaterally offer, operate, or administer a crypto-asset or blockchain network (including Solana). The Services assist Participants in contributing to and coordinating around a staking pool system for the Solana community. Nonetheless, the Company has no oversight on or control over any particular crypto-asset, any of the validators to whom Users' crypto-assets are delegated, or the Solana blockchain network. The User understands and acknowledges that the Tools aim to assist the User in delegating staked crypto-assets to nodes managed by independent validators, and these validators are not affiliated with the Company in any way. By using the Services, the User expressly signals this understanding. Further, the User acknowledges its understanding of the risky nature of crypto-assets and blockchain technology, as described below in the Nature of Blockchain; Assumption of Risk; Waiver of Claims section of these Terms of Use. The Company is not responsible for any depreciation in value of the User's crypto-assets that are used through the Tools or any delay, defect, or failure of the Tools or other Services, Solana, or any other decentralized technology outside of its control.

The User is responsible for the User's use of the Services, the functionalities they enable, and the use of the information derived thereof. The User is solely responsible for complying with all Applicable Laws related to its transactions and activities that directly or indirectly incorporate our provision of the Services, including, but not limited to, the Commodity Exchange Act and its regulations as overseen by the U.S. Commodity Futures Trading Commission ("CFTC"), and the federal securities laws and its regulations overseen by the U.S. Securities and Exchange Commission ("SEC"). The User acknowledges its understanding that the Company is not registered nor licensed with, nor have our Website or the Services (or the software contained therein) been reviewed by, the CFTC, SEC, the Monetary Authority of Singapore, or any other financial or banking regulator.

The User understands that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or through the Services (including, without limitation, the Docs) will be free of viruses or other destructive code. The User is responsible for implementing sufficient procedures and checkpoints to satisfy the User's particular requirements for: (1) an appropriate Web3 Utility; (2) anti-virus protection and accuracy of data input and output; (3) its participation in and use of Solana; and (4) maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT THE USER'S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO THE USER'S USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO THE USER'S DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE USER'S USE OF THE WEBSITE, ITS CONTENT, AND ANY OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE FEEDS, THE TOOLS, AND THE DOCS, IS AT THE USER'S SOLE RISK. THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS'' AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, WE, NOR ANY PERSON ASSOCIATED WITH THE COMPANY, MAKE, AND WE EXPLICITLY DISCLAIM, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND THE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THE SERVICES. THE COMPANY, AND ANY PERSON ASSOCIATED WITH THE COMPANY, DOES NOT REPRESENT OR WARRANT THAT: (1) ACCESS TO THE WEBSITE OR ANY OF THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, WITHOUT DELAY, ERROR-FREE, SECURE, OR FREE FROM DEFECTS; (2) THAT THE INFORMATION CONTAINED OR PRESENTED ON THE WEBSITE OR VIA ANY OF THE SERVICES IS ACCURATE, RELIABLE, COMPLETE, CONCISE, CURRENT, OR RELEVANT; (3) THAT THE WEBSITE, THE SERVICES, THE TOOLS, THE DOCS, OR ANY SOFTWARE OR OTHER CONTENT CONTAINED THEREIN WILL BE FREE FROM DEFECTS, MALICIOUS SOFTWARE, ERRORS, PRIVATE, OR ANY OTHER HARMFUL ELEMENTS, OR THAT ANY OF SUCH WILL BE CORRECTED; OR (4) THAT THE WEBSITE OR THE SERVICES WILL MEET THE USER'S EXPECTATIONS. NO INFORMATION OR STATEMENT THAT WE MAKE, INCLUDING DOCUMENTATION OR OUR PRIVATE COMMUNICATIONS, SHOULD BE TREATED AS OFFERING ANY WARRANTY CONCERNING THE WEBSITE OR THE SERVICES. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY CONTENT, ADVERTISEMENTS, OFFERS, STATEMENTS, OR ACTIONS BY ANY THIRD PARTY EITHER REGARDING THE WEBSITE OR THE SERVICES.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USER'S USE, OR INABILITY TO USE, THE WEBSITE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, THE FEEDS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DIMINUTION IN VALUE OF ANY CRYPTO-ASSETS PROVIDED BY THE USER, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS DISCLAIMER OF LIABILITY EXTENDS TO ANY AND ALL DAMAGES CAUSED BY ANY THIRD PARTY OR ANY FAILURE OF THE WEBSITE, THE SERVICES, OR THE UNDERLYING BLOCKCHAINS (INCLUDING SOLANA). TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID DIRECTLY TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICES IN THE LAST THREE (3) MONTHS OUT OF WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Nature of Blockchain; Assumption of Risk; Waiver of Claims.

Blockchains, the Services, and staking pools are still emerging technologies that carry a relatively high amount of foreseeable and unforeseeable risk from security, financial, technical, political, social, and personal safety standpoints. The mere access to and interaction with blockchains, the Services, and staking pools require a high degree of skill and knowledge to operate with a relative degree of safety and proficiency. Crypto-assets are highly volatile in nature due to many diverse factors, including without limitation use and adoption, speculation, manipulation, technology, security, and legal and regulatory developments and application. The User understands, acknowledges, and accepts that, because of the highly volatile nature of crypto-assets, the value of any crypto-assets that the User provides through the Tools or any crypto-assets received by the User through the Services is likely to change in value. Further, the speed and cost of transacting with cryptographic technologies (such as blockchains like Solana) is variable and highly volatile. Moreover, the transparent nature of many blockchains means that any interactions the User has with Solana may be publicly visible and readable in human form. While the Services attempt to utilize blockchain technology to mitigate some risks represented by staking pools and the validators to whom crypto-assets are delegated, it is nonetheless possible that unexpected technical phenomena, intentionally malicious or accidental behaviors by other Participants or users, or other foreseen or unforeseen phenomena may cause the Services' inaccuracy or malfunctioning, which may cause suspension or interruption to the Website or the Services.

By accessing and using the Website or the Services, the User acknowledges the foregoing and agrees and represents that it understands such and other risks involved with blockchains and staking pools (including any specific technical language used in these Terms of Use). The User further represents that it has all knowledge sufficient to use the Services, including but not limited to sufficient knowledge of compliance requirements under any Applicable Laws, sufficient knowledge required to perform digital asset transactions, sufficient knowledge to assess the merits and risks associated with digital asset transactions and that the User is informed of all foreseeable risks, and the possibility of unforeseeable risks, associated with blockchains, the Tools, crypto-assets, Web3 Utilities, smart contracts, staking pools, and the Services.

The User further acknowledges, and assumes all risk related to the possibility, that any information presented via the Website, the Services, the Tools, the Docs, or the Feeds may be inaccurate, possibly due to another party's malicious activities and possibly to the User's severe harm or detriment. The User agrees that we are not responsible for any of these (or related) risks, do not own or control Solana, do not oversee, direct or control the validators to whom Users' crypto-assets are delegated, cannot guarantee the safe or accurate functioning of the Services, and shall not be held liable for any resulting harms, damages, or losses incurred by or against the User experiences while accessing or using the Website. **Accordingly, the User acknowledges the foregoing, represents its understanding of the foregoing, and agrees to assume all and any responsibility for all of the risks of accessing and using the Website and interacting with the Services, whether mentioned in this section or otherwise. The User further expressly waives and releases us from any and all liability, claims, causes of action, or damages arising from or in any way relating to the User's use of the Website, the User's interaction with the Services, the User's use of the Tools, or reliance on or use of any content contained therein. **

No Professional Advice.

All information or content provided or displayed by the Website, including, without limitation, via the Tools, the Docs or the Feeds, is for informational purposes only and should not be construed as professional advice, including, without limitation, tax, legal, or financial advice. The User should not take, or refrain from taking, any action based on any information or content displayed or provided on the Website or through the Services. The User should seek independent professional advice from an individual licensed and qualified in the area appropriate for such before the User makes any financial, legal, or other decisions where such is considered prudent. The User acknowledges and agrees that, to the fullest extent permissible by law, it has not relied on the Company, the Tools, the Docs the Feeds, or any of the Services for any professional advice related to its financial or legal behaviors.

No Fiduciary Duties.

This Agreement, and the provision of the Website, the Tools, and the other Services, is not intended to create any fiduciary duties between us and the User or any third-party. To the fullest extent permissible by law, the User agrees that neither the User's use of the Website, the Tools, or the other Services causes us or any Participant to owe fiduciary duties or liabilities to the User or any third party. Further, the User understands, acknowledges, and agrees that, to the fullest extent such duties or liabilities are afforded by law or by equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated, and that we and any other Participant shall be held completely harmless in relation thereof. The User further agrees that the only duties and obligations that we or any Participant owes the User, and the only rights the User has related to these Terms of Use or the User's use of the Website or the Services, are those set out expressly in these Terms of Use.

No Insurance.

Your crypto accounts are not checking or savings accounts and we do not provide any kind of insurance to you against any type of loss, including without limitation losses due to decrease in value of assets, assets lost due to a cybersecurity failure, or from your or other individuals' errors or malfeasance. In most jurisdictions, crypto-assets are not legal tender, and most crypto-assets are not backed by any government. Your crypto-asset balances are not covered by Federal Deposit Insurance Corporation ("FDIC") or Securities Investor Protection Corporation ("SIPC") protections.

Links from the Website.

If the Website may contain links to other sites and resources provided by third parties, these links are provided for convenience only. This may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and the User acknowledges and agrees that we do not and will not accept any responsibility for them or for any loss or damage that may arise from the User's use of them. If the User decides to access any of the third-party websites linked to this Website, the User does so entirely at its own risk and subject to the terms and conditions of use for such websites.

Indemnification.

The User agrees to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (1) the User's violation of these Terms of Use; (2) the User's use of the Website or the Services, including, but not limited to the User's interactions with the other features which incorporate the Services, use of or reliance on the Website's content, services, and products other than as expressly authorized in these Terms of Use; (3) the User's use or reliance on of any information obtained from the Website; or (4) any other party's access and use of the Website or Services with the User's assistance or by using any device or account that the User owns or controls.

Governing Law and Jurisdiction; Forum.

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Country of Singapore without giving effect to any choice or conflict of law provision or rule (whether of the Country of Singapore or any other jurisdiction). To the extent a court may have jurisdiction regarding these Terms of Use or the User's use of the Website or the Services, without otherwise limiting the provisions of these Terms of Use, any action or proceeding by us or by the User shall be brought only in any state or federal court located in the Country of Singapore.

Arbitration; Class Arbitration Waiver.

Any dispute, controversy or claim arising out of, relating to or in connection with the User's use of the Website or the Services, or in connection with these Terms of Use, including disputes arising from or concerning its interpretation, violation, invalidity, non-performance, or termination of the Services, shall be finally resolved by binding arbitration in New York, New York, where such arbitration shall be conducted by an American Arbitration Association (the "AAA") neutral under the AAA's Rules of Arbitration. You and the Company agree that the enforceability of this Section shall be substantively and procedurally governed by the U.S. Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA") to the maximum extent permitted by the Applicable Laws. As permitted by the FAA and AAA's Rules of Arbitration, the arbitrator shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The Company and the User agree to arbitrate solely on an individual basis, and that these Terms of Use do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.

Limitation on Time to File Claims.

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

Waiver and Severability.

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

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

Entire Agreement.

These Terms of Use and any documented incorporated by reference herein constitute the sole and entire agreement between the User and the Company regarding the Website and the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Comments and Concerns.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to socean@socean.fi.

Socean Privacy Policy

Last modified: 2021-09-01

1. Introduction.

Igneous Research PLC (the "Company," "we," "our," or "us") takes protecting your privacy very seriously. This Privacy Policy the types of information we may collect from you or that you may provide when you visit the Socean website located at https://socean.fi (the "Website"), and our practices for collecting, using, maintaining, and disclosing that information.

This Privacy Policy applies to information we collect:

• On this Website.

• In email, text, and other electronic messages between you and the Company.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by the Company or any third party (including our affiliates and subsidiaries); or

• Any third party (including our affiliates and subsidiaries), including through any application or content that may link to or be accessible from or on the Website.

Please read this Privacy Policy carefully to understand how we interact with your personal information and what we do with it. By using the Website and providing us with your information, you agree to this Privacy Policy. This policy may change from time to time, and by continuing to use the Website, you agree to those changes. We encourage you to check this Privacy Policy periodically for updates.

2. Children Under the Age of 18.

Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to us, including on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or through any of its features, or provide any information about yourself to us, including your name, address, telephone number, email address, or any blockchain identity or records related to you. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at socean@socean.fi.

3. The Kinds of Personal Information We Collect.

Information You Provide to Us: The information we collect on or through our Website may include:

• Your public key address or other public identifier related to your digital asset wallet or blockchain account or activity.

• The email address that you provide us with if you contact us or information contained in that email.

• Your IP address.

• Information that you provide by filling in forms on our Website. We may also ask you for information when you report a problem with our Website.

• By which you may be personally identified, such as name and email address ("personal information") if you contact us.

• Records and copies of your correspondence, including email addresses, if you contact us.

We will never ask for your private key or any highly sensitive information or documents. If you submit information to us that we believe places your privacy or security at risk, we may immediately delete that information.

Information Collected Automatically: When using our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

• Information about your internet connection.

• Information about the equipment, software, and configurations you use to access our website.

• Usage details, including the total time you spend on our website, the time you spend on each page and in what order those pages were visited and the internal links clicked, the general geographic location from which you access our Website, which browser and operating system you are using to visit our Website, and the referring website.

• Performance details, including monitor page load times, CPU/memory usage, browser crashes and React component rendering.

The information we collect automatically is only statistical data and does not, itself, include personal information, though it may be correlated with other personal information to build a unique profile about you (for example, in relation to your publicly viewable blockchain activities; see the Privacy & The Blockchain section of this Privacy Policy).

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see the Choices About How We Use and Disclose Your Information section of this Privacy Policy.

• Web Beacons. Pages of the Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

4. How We Use Your Information & Why We Collect It.

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Website and its contents to you.

• To fulfill any other purpose for which you provide it.

• To carry out our obligations and enforce our rights under our Terms of Use, including restricting access to the Website from specific Prohibited Jurisdictions (as defined in our Terms of Use).

• To allow you to participate in interactive features on our Website.

• To help facilitate the ongoing development of our services.

• In any other way we may describe when you provide the information.

• For any other purpose with your consent.

5. Disclosure of Your Information.

We may disclose aggregated information, and information that does not directly identify any individual about our users without restriction. We may disclose personal information that you provide to us as described in this Privacy Policy:

• To our subsidiaries and affiliates.

• To contractors, service providers, and other third parties we use to support our Website and services.

• To a buyer or successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company's assets, whether as a going concern or as a part of bankruptcy, liquidation, or similar proceeding.

• To fulfill the purpose for which you provide it.

• For any other purpose disclosed by us when you provide the information.

• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

• To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.

• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection, credit risk reduction, or identifying malicious actors using our products, or related blockchain communities generally.

We do not sell your personal information to third parties for monetary compensation.

6. Privacy & The Blockchain.

A key feature of many blockchain technologies, including any blockchain on which the Company's services rely, is the transparency and public accessibility of on-chain transactions. This includes but is in no way limited to your public sending address ("public key") and any other information that you choose to include. Additionally, information stored on-chain may be public, immutable, and not easily removed or deleted and, in many cases, cannot be deleted. Your public addresses may reveal information about you and this information can potentially be correlated now or in the future by any party who chooses to do so, including law enforcement. If you are unfamiliar with blockchain technology and its transparent and public nature, we strongly encourage you to conduct your own research into blockchain before electing to use our services.

7. Your Choices.

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

8. Data Security.

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. This applies to any private keys you may use in relation to our Website or our services. We ask you not to share your password or private keys with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

9. Special Disclosures for European Users.

Under the European General Data Protection Act, every user is entitled to the following:

• The right to access -- You have the right to request for copies of your personal data from us. We may charge you a small fee for this service.

• The right to rectification -- You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.

• The right to erasure -- You have the right to request that we erase your personal data, under certain conditions.

• The right to restrict processing -- You have the right to request that we restrict the processing of your personal data, under certain conditions.

• The right to object to processing -- You have the right to object to our processing of your personal data, under certain conditions.

• The right to data portability -- You have the right to request we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at socean@socean.fi.

10. Changes to Our Privacy Policy.

It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the Website home page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes.

11. What if I have questions about this Privacy Policy?

If you have any questions about this Privacy Policy, please send us a detailed message to socean@socean.fi and we will try to resolve your concerns and provide further information.