Terms of Service

1. Introduction

Welcome to Firepan. These Terms of Service ("Terms") govern your access to and use of the Firepan website, platform, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

Please read these Terms carefully. They contain important information about your legal rights, remedies, and obligations. By using the Services, you agree to comply with and be bound by these Terms.

2. Definitions

"Firepan", "we", "us", or "our" refers to Firepan, Inc. and its subsidiaries and affiliates.

"User", "you", or "your" refers to any individual or entity that accesses or uses the Services.

"Content" refers to any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services.

"Tokenized Assets" refers to digital tokens representing ownership or other rights in real-world assets that are created, managed, or traded using the Services.

3. Eligibility

To use the Services, you must be at least 18 years old and have the legal capacity to enter into a binding agreement. If you are accessing or using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" will refer to that entity.

You may not use the Services if you are located in, or a citizen or resident of, any country that is subject to a U.S. government embargo or sanctions, or that has been designated by the U.S. government as a "terrorist supporting" country, or if you are listed on any U.S. government list of prohibited or restricted parties.

4. Account Registration and Security

To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

5. Services Description

Firepan provides infrastructure for the tokenization of real-world assets. Our Services may include, but are not limited to:

• Technology infrastructure for creating, managing, and trading tokenized assets
• APIs and developer tools for integrating with the Firepan platform
• Documentation, guides, and educational resources
• User interfaces for interacting with tokenized assets

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

6. User Conduct

You agree not to use the Services to:

• Violate any applicable law, regulation, or legal agreement
• Infringe the intellectual property rights of others
• Engage in fraudulent, deceptive, or manipulative activities
• Distribute malware, viruses, or other harmful code
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Attempt to gain unauthorized access to any part of the Services
• Harass, abuse, or harm another person or entity
• Collect or store personal data about other users without their consent

7. Tokenized Assets

Firepan provides infrastructure for the tokenization of real-world assets but does not itself issue, sell, or trade tokenized assets. All tokenization activities are conducted by regulated third-party entities in compliance with applicable laws and regulations.

You acknowledge and agree that:

• Tokenized assets may be subject to legal and regulatory requirements in various jurisdictions
• The value of tokenized assets may fluctuate and you may lose some or all of your investment
• Firepan does not guarantee the value, liquidity, or transferability of any tokenized asset
• You are solely responsible for conducting due diligence on any tokenized asset before engaging in any transaction
• Firepan does not provide investment, legal, tax, or business advisory services

8. Intellectual Property

The Services and all content and materials included on the Services, including, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of Firepan or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or internal business purposes. You may not use, copy, modify, distribute, sell, or lease any part of the Services or included content, nor may you reverse engineer or attempt to extract the source code of the software, unless laws prohibit these restrictions or you have our written permission.

9. Third-Party Services and Content

The Services may contain links to third-party websites, services, or content that are not owned or controlled by Firepan. We do not endorse or assume any responsibility for any such third-party sites, services, or content. If you access a third-party website, service, or content from the Services, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FIREPAN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIREPAN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

12. Indemnification

You agree to indemnify, defend, and hold harmless Firepan and its officers, directors, employees, agents, partners, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms.

13. Governing Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Delaware, and you waive any objection to jurisdiction and venue in such courts.

14. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email, providing a notice through the Services, or updating the date at the top of these Terms. Your continued use of the Services following notification of changes will constitute your acceptance of such changes. If you do not agree to the modified Terms, you should discontinue your use of the Services.

15. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

16. General

These Terms constitute the entire agreement between you and Firepan regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the Services.

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced to the fullest extent under law. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

17. Contact Information

If you have any questions about these Terms, please contact us at legal@firepan.com.