AlphaGenAI Technologies, Inc. ("AlphaGenAI", "Company", "we", "our", or "us") provides a website-hosted user interface ("Interface") for the AlphaGenAI Protocol, which is autonomous software, as well as a related API. These Terms of Service cover our website, Interface, Protocol, API, and any other products or services that link to these Terms (collectively, the "Services"). Third parties may provide other means of accessing the Protocol to which these Terms do not apply and for which we are not responsible.

Access and Restrictions

By accessing or using the Services, including by connecting a third-party non-custodial digital wallet ("Wallet") to the Interface on or through which these Terms are linked, you acknowledge and agree that:

• You are not (a) the subject of economic or trade sanctions or otherwise on a list of prohibited or restricted parties administered or enforced by any governmental authority (including, the U.S. Department of the Treasury's list of Specially Designated Nationals, the U.S. Department of Commerce Denied Persons List Entity List, the E.U. Consolidated List of persons and the U.K. Consolidated List of Financial Sanctions Targets); (b) located in, a resident of, or organized in the United States, Canada, the UK, China, North Korea, Russia, Ukraine, Cuba, Iran, Venezuela, Syria, or any jurisdiction or territory that is the subject of comprehensive country-wide or regional economic sanctions; or (c) owned or controlled, directly or indirectly, by any persons or entities listed in (a)-(b) (such person, a "Prohibited Person");
• You represent and warrant that you are the legal owner of the Wallet and any blockchain address that you use to access or participate in the Services;
• The Company may monitor your usage and activities on the Services;
• The Company may suspend or terminate your access, without prior notice, if it detects or reasonably suspects: (a) Impersonation of the frontend interface; (b) Unauthorized access to the API; (c) Price manipulation or market interference; (d) Any other activity deemed suspicious or potentially harmful to the Services or other users.

Your continued use of the Services constitutes acceptance of these restrictions and the Company's authority to enforce them as described above. If you do not understand or agree to the entirety of these Terms, do not use the Services.

1. No Warranties

THE INTERFACE IS AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO ANY OF OUR PRODUCTS WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR SECURE; THAT THE INFORMATION CONTAINED IN ANY OF OUR PRODUCTS WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR THAT ANY OF OUR PRODUCTS WILL BE FREE FROM ERRORS OR DEFECTS, INCLUDING OUR OWN OR THOSE OF THIRD PARTIES.

You assume all risks associated with using the Services, and other digital assets and autonomous software generally, including but not limited to, that: (a) digital asset markets are highly volatile; (b) using digital assets is inherently risky due to both features of such assets and the potential unauthorized acts of third parties; (c) you may not have ready access to assets; and (d) you may lose some or all of your digital assets.

You agree that your relationship with your Wallet provider is governed by the applicable third party's terms of service. We make no representations or warranties to you in connection with your use of a Wallet. You are solely responsible for maintaining the confidentiality of your private keys and you are responsible for any transactions signed with your private keys.

You agree that you will have no recourse against anyone else for any losses due to the use of the Services, including the Interface. For example, these losses may arise from or relate to: (1) incorrect information; (2) software or network failures; (3) corrupted cryptocurrency wallet files; (4) unauthorized access; (5) errors, mistakes, or inaccuracies; or (6) third-party activities.

2. Prohibited Activity

• Intellectual Property Infringement. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.
• Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including, but not limited to, the deployment of viruses and denial of service attacks.
• Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.
• Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading including, but not limited to, the manipulative tactics commonly known as spoofing and wash trading.
• Community Misconduct. Activity that disrupts, abuses, or harms Company-affiliated community platforms, including, but not limited to, harassing behavior toward other members, promotion of illicit content, scams, or fraud, sharing misinformation about the Interface, excessive self-promotion, or any other conduct deemed harmful to the community.
• Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or regulation in any jurisdiction.

3. Changes to the Interface or Terms of Service

AlphaGenAI reserves the right to modify, substitute, add, update, or eliminate, in whole or in part, either temporarily or permanently, the Interface, any portion of or program made available through the Interface, and/or any policy, FAQ, or guidelines, at any time in its sole discretion and without advance notice to you. AlphaGenAI will not be liable to you in the event of any modification, suspension, or discontinuance of the Interface or any features made available through the Interface.

If we change or modify these Terms of Service, we will notify you by updating the date at the top of these Terms of Service. Changes or modifications will be effective immediately upon posting and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of or participation in the Interface in any way will serve as confirmation that you have read, understood, and unconditionally consented and agreed to such changes.

4. Additional Rights

Without notice to you, AlphaGenAI reserves the right to suspend or terminate your access to the Interface or participation in any feature on the Interface in its sole discretion, including if AlphaGenAI determines or suspects that your use of the Interface is unauthorized, deceptive, fraudulent, unlawful, or intentionally subverts the purposes of the Interface.

AlphaGenAI may, from time to time, in its sole discretion, make certain programs, special offers, challenges, bonuses, or other promotions available to participants. The terms and conditions applicable to any such special offers will be determined by AlphaGenAI in its discretion, and AlphaGenAI may change, modify, discontinue or cancel any special offer at any time.

5. API Usage

You acknowledge and accept that the API may not be available at all times. We are not responsible for any wrong orders or other incorrect actions on our Interface when using our API. We reserve the right to, without prior notice, terminate the support of the API and to limit or suspend the functionality thereof.

When using the API, you represent and warrant that:

• You will not use the API in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services;
• You will not use the API in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
• You will not use the API to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is connected to, any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

6. Data Collection

We may log your IP address through the Interface in order to enforce access restrictions. We do not collect any other personal data through the Interface, and your interaction with the Protocol will solely be through your public digital wallet address. Any personal or other data that you may make available in connection with the Interface or Protocol may not be private or secure.

7. No Professional Advice

All information provided by the Interface is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in the Interface. Before you make any financial, legal, or other decisions involving the Services, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.

8. Release of Claims

You expressly agree that you assume all risks in connection with your access, use, and interaction with our Services, including the Interface and the Protocol. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of our services.

By using the Services, you represent that you have sufficient knowledge and experience in business and financial matters, including a sufficient understanding of blockchain technologies, digital assets, storage mechanisms (such as Wallets), and blockchain-based software systems to be able to assess and evaluate the risks and benefits of using the Services.

You agree and acknowledge that if you are unable to use digital assets, whether due to technical bugs, smart contract issue, bridge issue, gas fees, Wallet incompatibility, loss of access to a Wallet or the keys thereto, or for any other reason, you will have no recourse or claim against Company and that the Company will not bear any liability in connection therewith.

You agree and acknowledge that cryptocurrencies and other similar digital assets are neither (i) deposits of or guaranteed by any bank nor (ii) insured by the FDIC or by any other governmental agency or regulated entity.

9. Indemnity

You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of the Services; (b) your violation of any term or condition of these Terms of Service, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party's access and use of the Services with your assistance or using any device or account that you own or control.

10. Limitation of Liability

Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of the Services, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Services or the information contained within them.

We are not liable for any damages you may incur due to (parts of) the Interface or the API being unavailable.

Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to us in exchange for access to the Interface, or $100.00 USD, whichever is greater. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability.

11. Governing Law

These Terms of Service and any action related thereto will be governed by, and all disputes arising under, relating to, or in connection with these Terms shall be resolved in accordance with the laws of the state of Florida, without regard to the conflicts of law provisions of the state of Florida. The Terms of Service evidence interstate commerce and any arbitration conducted pursuant to them shall be governed by the Federal Arbitration Act. You agree that the federal and state courts of Miami-Dade County, Florida are the proper forum for any appeals of an arbitration award or for court proceedings in the event that this Agreement's binding arbitration clause is found to be unenforceable.

12. Mandatory Arbitration

All disputes arising out of or in connection with the Interface or otherwise in connection with the Terms of Service shall be finally and exclusively settled under the JAMS Optional Expedited Arbitration Procedures. The arbitration shall be held on a confidential basis before a single arbitrator, who shall be selected pursuant to JAMS rules, including, where applicable, the JAMS' Mass Arbitration Procedures and Guidelines. The arbitration will be held in Miami, Florida, unless you and we both agree to hold it elsewhere, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.