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Last updated: May 17, 2019

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 15. PLEASE READ THE AGREEMENT CAREFULLY.

These terms of service, together with any documents and additional terms they expressly incorporate by reference (collectively, these “Terms”), are entered into between Linkdrop Labs, Inc. (“Linkdrop,” “we,” “us” and “our”) and you or the company or other legal entity you represent (“you” or “your”), and constitute a binding legal agreement.

Please read these Terms carefully, as these Terms govern your use of our Portal and our Services, and expressly cover your rights and obligations, and our disclaimers and limitations of legal liability, relating to such use. By clicking “I agree” to these Terms or otherwise accessing or using our Portal or our Services, you accept and agree to be bound by and to comply with these Terms, including the mandatory arbitration provision in Section 12. If you do not agree to these Terms, you must not access or use our Portal or the Services.

You must be able to form a legally binding contract online either on behalf of a company or as an individual. Accordingly, you represent that: (a) if you are agreeing to these Terms on behalf of a company or other legal entity, you have the legal authority to bind the company or other legal entity to these Terms; and (b) you are at least 18 years old (or the age of majority where you reside, whichever is older), can form a legally binding contract online, and have the full, right, power and authority to enter into and to comply with the obligations under these Terms. In addition to the foregoing, you also represent and warrant that you are not a citizen or resident of a state, country, territory or other jurisdiction that is embargoed by the United States or where your use of the Portal or the Services would be illegal or otherwise violate any applicable law.

Please carefully review the disclosures and disclaimers set forth in Section 9 in their entirety before using any software developed by Linkdrop. The information in Section 9 provides important details about the legal obligations associated with your use of the Linkdrop software. By accessing or using our Portal or our Services, you agree that Linkdrop does not provide execution or clearing services of any kind and is not responsible for the execution or clearing of transactions automated through Linkdrop open-source software.

1. Key Definitions

For the purpose of these Terms, the following capitalized terms shall have the following meanings:

1.1 “Affiliate” — With respect to a party to these Terms, any legal entity that, directly or indirectly controls, is controlled by, or is under common control with such party.

1.2 “Applicable Law” — Any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or other directive, requirement or guideline, published or in force which applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any Governmental Authority having jurisdiction over Linkdrop, you, the Portal or the Services, or as otherwise duly enacted, enforceable by law, the common law or equity.

1.3 “Ether” — The Ethereum Blockchain utility token that may be used to purchase computational resources to run decentralized applications or perform actions on the Ethereum Blockchain.

1.4 “Ethereum Address” — The unique public key cryptocurrency identifier that points to an Ethereum-compatible wallet to which Ether may be sent or stored.