DESCRIPTION OF SERVICES

The Katana Services (Cayman) Ltd., a Cayman Islands company (for purposes of these terms and conditions, “Katana”, “Foundation,” “we,” “us” and “our”) provides access to a limited, non-custodial web-based user interface at www.katana.network, and at www.app.katana.network, and at the URL listed above (individually, the “Interface” and, collectively, the “Interfaces”) that may be used by you (“you,” “your,” and “yours”, and the “user”). The interface enables eligible users to (i) directly interact with certain decentralized smart contracts deployed on public blockchain networks by third parties, including without limitation the Third Parties (defined below); (b) observe and review the user's direct interactions on Ethereum and the Katana Network, whereby the user has caused its self-custodial wallet to engage with such blockchains, and (c) locate and interact with third party protocols and interfaces that provide adjacent services in the Katana ecosystem (together with other functionalities that Katana or the Interface may provide the “Services”).

These terms and conditions, together with any documents and additional terms or policies that are appended hereto or that expressly incorporate these terms and conditions by reference as well as our privacy policy (collectively, the “Terms”), constitute a binding agreement between you and us.

These Terms are applicable to (i) all content, functionality, and features (the “Content Features”) available on any website or graphical user interface hosted by (directly, or indirectly via any agent) Katana Foundation to which the Terms are posted, including without limitation the Interface and Services, and (ii) software that Katana Foundation operates or hosts, or makes available via an Interface (the “Technology Features” and together with the Content Features, the “Features”).

NOTICE: PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCESSING, INTERACTING WITH OR USING ANY INTERFACE OR ANY FEATURE, OR RELYING ON ANY SERVICE, YOU AGREE THAT YOU ARE ABLE TO ENTER INTO A BINDING AGREEMENT AND, AS SUCH, HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER BELOW. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT AUTHORIZED TO INTERACT WITH, ACCESS OR USE ANY INTERFACE OR FEATURE.

1. Use of the Katana Interfaces; Use of Katana Protocol

Each of the Interfaces are websites, and each have different functionality – some of which only provide information while others contain Features that allow users to send messages to blockchain networks in an entirely self-directed manner.

None of the Interfaces allows us to engage in any transaction with you, nor do the Interfaces facilitate your transactions. Even when the Interfaces appear to be dynamic (e.g., updating or providing new displays when you – on your own accord – provide certain information), at no time is Katana Foundation taking action directed by you or on your behalf. In addition, if you click the “Connect Wallet” feature on one of the Interfaces such that your self-hosted cryptocurrency wallet (“Wallet”) is able to provide information to be transmitted to a blockchain network or other blockchain-based application, you should note that (except as otherwise noted herein) Katana Foundation (i) is not involved in providing or transmitting any such information to networks, (ii) cannot transmit any information to networks or otherwise assist in any transaction, (iii) never has access to and cannot control or provide guarantees relating to your Wallet and (iv) has no authority over and does not take possession or custody of your cryptoassets at any time. This also means that Katana Foundation is unable to assist with transactions: please be vigilant in interacting with any immutable blockchain technology.

You are solely responsible for familiarizing yourself with your Wallet and its safety and security features, including any private keys and passwords associated therewith. Katana Foundation will not and cannot access your private key, password, or any cryptoassets held within your Wallet nor can it reverse any transactions you initiate with your Wallet (or otherwise). Katana Foundation shall not be responsible or liable in any way for how you use your Wallet.

You should also familiarize yourself with the risks associated with transacting on blockchain networks, including but not limited to smart contract vulnerabilities, front end vulnerabilities, hacks, phishing attacks, social engineering attacks, cryptoasset volatility and transaction irreversibility. Some of the many risks are discussed in these Terms, as well as in the Katana document repository at www.docs.katana.network/katana/core-concepts/risk/#smart-contract-risk.

Katana Foundation has no ability in any way to control, maintain, provide, operate, or improve the smart contract or blockchain protocols underlying the tools and applications displayed on the Interfaces, except as noted herein. We do not effectuate, facilitate or control any transactions initiated via the Interfaces, and Katana Foundation will not be responsible for the result of any transactions, including but not limited to failed, inadvertent, or fraudulent transactions that may result in loss of funds or transaction fees or any other loss or harm to you.

All transactions broadcast to the applicable blockchain network via your Wallet may require the payment of non-refundable network transaction fees, which shall be borne entirely by you.

Certain of the Interfaces and Features covered by these Terms include, but are not limited to:

• Katana.Network provides information and explanations about (A) software developed and deployed by Katana Foundation and its affiliates and agents, (B) the Katana ecosystem including grants, solution providers, governance and community events, and (C) other matters that touch or are relevant to different blockchain networks. This Interface also provides links to other Interfaces as well as third-party websites and interfaces.
• Katana Network Interface is a user interface that permits you to connect your Wallet in order to access Features, including those that allow you to bridge your cryptoassets between Ethereum and certain blockchain networks, to purchase certain cryptoassets such that you are able to pay transaction fees when interacting with certain blockchain networks and to view any assets that you have in your Wallet on various blockchain networks. Note that certain of these Features are accessible only via integrations with third parties who have no affiliation or relationship with Katana Foundation and your interactions with those Features will also be governed by any terms of use that the third party has made applicable.

Katana Network provides a solution for other blockchain applications to build. Except as noted herein (1) Katana Foundation does not control, maintain, provide, operate, or improve any blockchain networks nor the activity or data thereon and (2) Katana Foundation is not responsible for the activities of persons or entities who develop or use applications or who validate or verify transactions or other operations related to blockchain networks or applications operated by third parties. Katana Foundation cannot control how blockchain networks or applications operated by third parties market their blockchain networks and users should not assume any blockchain networks operated by third parties are affiliated with Katana Foundation, notwithstanding any marketing materials created by such third party that could imply otherwise.

You hereby acknowledge and agree that all information provided in connection with your access and use of the Interfaces and as it relates to the Features is intended for informational purposes only. Katana Foundation strives to provide accurate information, but it does not guarantee or otherwise warrant that the information is updated, complete, or timely. For this reason, you acknowledge and agree that you are not relying on any of the information on the Interfaces for any purpose and expressly (i) disclaim any reliance on any information on the Interface or within the Features, and (ii) acknowledge that Katana Foundation will not be liable for any such information provided.

You should take all steps to independently verify any information on any Interface on which you intend to rely and should not take action based solely on any information contained on any Interfaces, including blog posts, data, articles, links to third-party content, social media content (including Discord, Lens, Farcaster or X), news feeds, tutorials and videos.

None of the information provided on the Interfaces or through the Features should be construed as professional or investment advice, and Katana Foundation does not owe any duties and does not have any obligations to you based on the information provided on the Interfaces or through the Features.

None of the information provided on the Interfaces or any of the Features shall be interpreted as an invitation or inducement to (A) exercise any rights to acquire, dispose of, underwrite, or convert any cryptoassets or digital assets or (B) buy, sell, or induce a user to buy or sell any cryptoassets or digital assets.

2. VaultBridge; Bridging Assets to Katana

There is no “Katana Bridge” that is owned or operated by Katana. Katana itself does not receive user deposits, nor bridge user deposits from various chains to the Katana Network. Users may bridge assets to and from Katana Network via various means, including by utilizing various interfaces and protocols made available by Third Parties (defined below). Katana does not control, operate, or guarantee any Third-Party bridge, solver, smart contract, or interface that users may utilize to bridge assets between the Katana Network and any other chain. Katana does not provide user support services for bridging assets on or off the Katana Network. Certain Third Parties (defined below) that may provide software, smart contracts, protocols, or services supporting aspects of bridging may, in some cases, provide certain forms of user support. Users are required to review, research, and agree to, the applicable terms governing any services of Third Parties before bridging assets onto the Katana Network.

The Interface enables users to access the open-source, smart contract system known as “VaultBridge”. The VaultBridge open source software was developed by Polygon Labs, but no instance of VaultBridge is controlled or operated by Polygon Labs. Neither is VaultBridge owned by, controlled by, or operated by Katana. No single person or entity controls or operates the VaultBridge smart contract, and it is decentralized. VaultBridge supports bridging activity for chains other than Katana. VaultBridge does not insure or guarantee user assets. The VaultBridge smart contract does not, itself, custody user assets. VaultBridge operates differently than many other Web3 bridges because a user's deposit is not stored in the VaultBridge smart contract. Deposits utilizing VaultBridge are routed directly from the user's self-custodial wallet into a Morpho vault, and are subject to the terms and conditions of the applicable Morpho vault and Morpho protocol. Additional information about Morpho vaults, and the Morpho protocol can be found at: www.morpho.org/vaults/ and docs.morpho.org/overview/resources/risks/.

When a user makes a deposit into a Morpho vault, supported by the VaultBridge smart contract, the VaultBridge will provide the user with a VaultBridge token (“vbToken”), which is, in essence, a receipt indicating that the user has made a deposit into the applicable Morpho vault. When a user seeks to withdraw the user's deposit, held in a Morpho vault, the user may present the vbToken, and the VaultBridge smart contract system will communicate the user's withdraw request to the applicable Morpho vault, and thereafter the Morpho protocol will, according to the terms and conditions of such Morpho vault, route the deposit directly from the Morpho vault to the user's non-custodial wallet.

Certain third party “curators” will provide services to support the Morpho vaults utilized by VaultBridge users, and will otherwise engage in yield-generating strategies related to the deployment of user's deposits. Such curators will initially include Steakhouse Financial and Gauntlet, and over time may include additional curators. Additional information about such initial curators can be found atsteakhouse.finance and gauntlet.network.

The Morpho vault may, according to the parameters and code of such Morpho vault, and the yield-generating strategies of curators, generate yield from the deposits made by users via VaultBridge. Morpho and the curators will receive a portion of such yield as compensation for their services, and a certain portion of such yield will be distributed to various blockchain foundations for the benefit of each such Foundation's ecosystem. Therefore, yield generated from user deposits will benefit users indirectly via the foundation of the chain to which the user bridges, but yield will not be sent to users directly from Morpho or the VaultBridge related to any deposit facilitated by VaultBridge.

3. VaultBridge; VaultBridge Risk; Withdrawals; Liquidity

There are many risks arising from, and related to, the use of VaultBridge and, specifically, the infrastructure and practices provided by Morpho and associated curators. Such risks include without limitation security risk, smart contract risk, oracle risk, counterparty risk, bad debt risk, liquidity risk, governance risks.

Yield generating activities on VaultBridge, and on Katana, present various risks. Certain of the risks related to VaultBridge will be managed by risk curators, such as Gauntlet and Steakhouse Financial. These curators design and oversee vault strategies, selecting markets and setting parameters based on risk modeling and asset quality. While the risk curators shape risk profiles and optimize for performance, they do not custody user assets or have governance control over Katana. Their role is advisory and strategic, vaults remain secure, transparent, and aligned with the Katana ecosystem.

Deposits on VaultBridge are subject to third-party control and strategy discretion. Katana does not exercise custody over bridged assets or control over third parties, such as vault curators Gauntlet and Steakhouse Financial, or vault developers Morpho and Yearn. VaultBridge deposits are made directly into Morpho vaults, and are subject to smart contract logic and curator policy and actions. Decisions made by protocol curators or third-party infrastructure providers may affect the performance and recoverability of assets. These curators operate independently based on risk and strategy models, Katana does not control their actions, and users may be exposed to the outcomes of such decisions, including potential disruptions or reductions in the value or availability of bridged assets. VaultBridge functionality depends on third-party protocols. VaultBridge interacts with third-party smart contracts on Ethereum through the Morpho protocol. Deposits are made to smart contracts that are controlled by Morpho curators (e.g., Gauntlet and Steakhouse Financial). These curators allocate capital in yield-generating strategies, which may fail, lose value, or become illiquid.

VaultBridge tokens received via the bridge do not entitle users to yield or represent a claim against Morpho or VaultBridge. VaultBridge and its associated contracts are not subject to community governance through vKAT. Users of the bridge do not acquire voting rights or governance powers by virtue of holding vbTokens or interacting with VaultBridge. Withdrawals may be delayed or unavailable during periods of stress. Liquidity buffers are designed to enable redemptions, but such buffers may not be sufficient during a market crisis or mass withdrawal event. In such cases, users may face delays, slippage, or be unable to redeem assets altogether. To learn more about Morpho vaults and the terms and conditions of Morpho vaults please visit: www.morpho.org/vaults/ and docs.morpho.org/overview/resources/risks/.

Additional risks include, without limitation

• Vaults are designed to be non-custodial, such that users retain control of their deposited assets via tokenized vault shares. Vaults have limited ability to pause or withdraw funds from yield-generating strategies associated with Vaults. Users remain subject to structural governance decisions, and changes in smart contract functionality may be implemented through Morpho's governance processes and protocol updates.
• Morpho smart contracts may contain unknown vulnerabilities or be affected by bugs. Such flaws may result in loss of funds, unintended behaviors, or susceptibility to exploits. The security of such vaults is also dependent on the safety and integrity of the third-party protocols and strategies of each Vault. Even audited vault code may be compromised by risks external to the Morpho protocol.
• Vaults optimize and auto-compound yield by deploying user funds across a variety of external blockchain protocols that are developed and deployed by unaffiliated third parties. Users are exposed to the financial and technical risks associated with these third-party protocols, including but not limited to impermanent loss, de-pegging of stablecoins, liquidating events, and failure of third-party smart contracts. Users may utilize various tools, including internal and third-party risk assessments systems (e.g., www.dune.com; www.seafood), to evaluate and monitor these exposures; however, such evaluations may be based on incomplete, evolving, or inaccurate information.
• When depositing funds into a Morpho or Yearn vault, you consent to the allocation of those funds pursuant to strategies selected and managed by strategy contributors and encoded into the smart contracts that underlie a particular Vault. Gains and losses incurred through a vault's strategy are socialized across all depositors in that vault. While vault strategy creators may also be participants in the applicable vault, and therefore share aligned incentives with other depositors, no guarantee is provided as to the profitability, risk tolerance, or performance of any vault. You should conduct your own diligence and determine whether such shared outcomes are suitable for your risk profile.
• The Foundation has no control over Morpho or Yearn vaults. You hereby assume, and agree that the Foundation will have no responsibility or liability for, the risks set forth in these Terms. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against the Foundation, its affiliates, and their respective shareholders, members, council, directors, officers, employees, agents, and representatives, suppliers, and contractors related to any of the risks of using the Services, Third Party Services, the Interface, or as otherwise referenced in these Terms.

4. Third Parties; Third Party Terms & Conditions

Various third party services support the Katana Protocol and Interface, and in some cases have been integrated in the Interface, and enable the Services, and contribute to the Katana Network and Katana Ecosystem (“Third Party Services”). Deposits associated with VaultBridge are held in vaults created and managed by Third Parties, and are managed by Third-Party risk curators. While curators define risk parameters, including collateral thresholds and supported markets, their services include risk related to the use of smart contracts, and the use of Chainlink price feeds and other oracle solutions for high-liquidity/high-volume designs. Deposited funds may be subject to certain Third-Party control and/or strategy discretion. Katana does not exercise custody over bridge assets or control over Third Parties. VaultBridge utilizes the services of third parties, such as vault developers Morpho and Yearn, or curators such as Gauntlet and Steakhouse Financial. VaultBridge deposits are made directly by the user into Morpho vaults, and are subject to smart contract logic and curator policy. Decisions made by unaffiliated protocol curators or third-party infrastructure providers may affect the performance and recoverability of assets. While these curators operate independently based on risk and strategy models, Katana does not control their actions, and users may be exposed to the outcomes of such decisions, including potential disruptions or reductions in the value or availability of bridged assets. For additional information on the services and terms and conditions of such services provided by the Curators, and associated risks related to these third-party service providers, please see the terms of conditions of each relevant Third Party.

By using the Interface, you acknowledge and agree to review, research and agree to the various terms of use that govern each such service by Third Parties, including the code that governs applicable Third-Party protocols, prior to using the Interface.

The following Third Parties currently provide integrated functionality within the VaultBridge ecosystem:

• Fun.xyz: Fun.xyz provides the interface layer for adding funds, including the “Checkout” product that supports fiat onramps, asset bridging, and investment routing. Users engaging with the “Bridge” or “Earn” modules on the Interface interact with Fun.xyz's embedded modal, which facilitates wallet connection and transaction initiation. Further information is available at: fun.xyz/terms.
• Morpho: VaultBridge deposits are routed into smart contract vaults deployed by the Morpho protocol. These vaults implement yield strategies on Ethereum and are subject to Morpho's smart contract parameters, governance, and associated risks. Deposits made into Morpho vaults are non-custodial and governed by the Morpho terms of service and risk disclosures. Further information is available at: www.morpho.org/vaults/ and docs.morpho.org/overview/resources/risks/
• Yearn: In some cases, VaultBridge may integrate Yearn vaults. These integrations are subject to the terms and risk disclosures applicable to the Yearn protocol. Further information is available at: yearn.fi.
• Relay: Relay acts as a solver and liquidity provider across chains. It is responsible for monitoring VaultBridge messages and issuing vbTokens to users on Katana. Relay also facilitates withdrawal messaging and manages liquidity reserves to enable order fulfillment. Relay does not custody funds. Further information is available at: relay.link.
• Steakhouse Financial: Steakhouse Financial serves as a curator for vaults accessible via VaultBridge. It contributes to vault design, risk modeling, asset selection, and strategy optimization. Steakhouse does not custody user funds and does not guarantee yield outcomes. Further information is available at:steakhouse.financial.
• Gauntlet: Gauntlet acts as a curator for vaults accessible via VaultBridge. It contributes to vault design, risk modeling, asset selection, and strategy optimization. Gauntlet does not custody user funds and does not guarantee yield outcomes Further information is available at: gauntlet.network.

TERMS

These Terms, together with any documents and additional terms they expressly incorporate by reference, which includes any other terms and conditions or other agreement that the Foundation posts publicly or makes available to you, are entered into between the Foundation and you concerning your use of, and access to, the Interface provided by the Foundation and the Services.

Please read these Terms carefully, as these Terms govern your use, rights and obligations as well as our disclaimers and limitations of legal liability in respect of the Interface and the Services. If you do not agree to these Terms, then you must not access or use the Interface or the Services.

By clicking “I agree” (or a similar language) to these Terms on the Interface, acknowledging these Terms by other means, or otherwise accessing or using the Interface or the Services, you accept and agree to be bound by and to comply with these Terms, including, without limitation, the mandatory arbitration provision in Section 22 below.

These Terms do not govern any activity in which you may engage involving cryptocurrencies and other blockchain-based assets not specifically referenced herein (collectively, “Digital Assets”) or activities or access otherwise outside of the Interface and the Services, including any transactions in which you may engage using Morpho, or Yearn, or other platforms or websites. We disclaim any and all liability as well as warranty in this regard.

1. MODIFICATIONS TO THESE TERMS

You acknowledge and agree, and provide permissions supporting, that the Foundation has the right, in its sole discretion, to modify these Terms and the Services from time to time. If the Foundation makes changes to these Terms, the Foundation will provide you with notice of such changes, such as by providing notice through the Interface, or updating the “Last Updated” date at the top of these Terms. Unless we state otherwise in our notice, all such modifications are effective immediately, and your continued use of the Interface and the Services after we provide that notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, then you must stop using the Interface and the Services. If you do not agree to our ability to revise the Terms, then you must stop using the Interface and the Services. You acknowledge and agree, and provide permissions supporting, that Foundation has the right to take reasonable steps (determined in its sole discretion) to resolve any bugs or deficiencies found in any software or infrastructure supporting the Services, and to find and adopt solutions, determined in Foundation's sole discretion, to any bugs, hacks or unforeseen circumstances related to the use, award or distribution of assets.

2. DECENTRALIZED AND AUTONOMOUS OPERATION OF ETHEREUM, VAULTBRIDGE, MORPHO, YEARN, VAULTS, THIRD PARTY SERVICES, AND RELATED SMART CONTRACTS

You acknowledge and agree that:

• Ethereum is a decentralized blockchain protocol that operates on a peer-to-peer network without centralized control or oversight;
• The Foundation does not own, operate, or control Ethereum, and has no unilateral ability to modify, halt, or reverse transactions that occur on Ethereum;
• Third Party Services are not developed by, managed by, and are not deployed or maintained by the Foundation, and the Foundation has no unilateral ability to modify, halt, or reverse such Third Party Services;
• Many of the Third Party Services are governed by a decentralized autonomous organizations and not the Foundation;
• Third Party Services, and the Third Parties themselves, may be controlled token holders that are unaffiliated with and independent from the Foundation;
• The Foundation is neither involved nor in any way responsible for the interactions between you and Yearn or Morpho, and you and any vaults developed or maintained by Yearn or Morpho.
• The Foundation shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of Third Party Services, and any action or inaction of the parties that developed, deployed, govern, or otherwise support Third Party Services.
• Deposits made via VaultBridge to Morpho Vaults will be subject to any terms and conditions, and investment strategies, relevant to the applicable Morpho Vault, and you have reviewed those details and agree to have your deposit governed thereby, and you agree that by using the Interface you waive any claim related thereto.
• The Morpho and Yearn products, as well as other Third Party services, will be deployed also on the Katana Network, and may utilize VaultBridge (additional details can be found at www.katana.network under "blog" and "terms and conditions"), and you have reviewed the relevant terms and conditions and details thereto, and waive any claim arising from or related thereto.
• Your deposit via VaultBridge to a Morpho Vault will not be eligible to return yield directly to you, but will be shared with you indirectly via the Katana ecosystem (e.g., in the form of awards, or yield while utilizing various services on Katana Network).

3. USE OF THE INTERFACE AND THE SERVICES

The Interface provides a web-based means of access to the Services, as well as Third Party Services, including as provided by Morpho and Yearn, and the Interface provides a decentralized yield aggregation protocol available on Ethereum and related layer 2 blockchains that provides users the ability to earn interest on their Digital Asset holdings through a variety of on-chain strategies.

The Interface and Services are distinct from Morpho, Yearn, and other Third Party Services; although the Interface may utilize certain Third Party Services. The Interface is only one, and not the exclusive, means of accessing Morpho, Yearn, and other Third Party Services.

3.1. As a condition to accessing or using the Services or the Interface, you represent and warrant to the Foundation the following:

• if you are entering into these Terms as an individual, then you are of legal age in the jurisdiction in which you reside and you have the legal capacity to enter into these Terms and be bound by them;
• if you are entering into these Terms as an entity, then you must have the legal authority to accept these Terms on that entity's behalf, in which case “you” (except as used in this paragraph) will mean that entity;
• you are not a resident, national, or agent of the Crimea, Donetsk and Luhansk regions, Cuba, Iran, North Korea, Syria, or any other country to which the United States, the United Kingdom or the European Union embargoes goods or imposes similar sanctions (collectively, “Restricted Territories”);
• you are not a member of any sanctions list or equivalent maintained by the United States government, the United Kingdom government, the European Union, or the United Nations (collectively, “Sanctions Lists Persons”);
• you do not intend to transact with any Restricted Person or Sanctions List Person;
• you do not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to use or access of the Interface or the Services; and
• your use of or access to the Services and/or Interface is not (a) prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that 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 domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over the Foundation, you, the Interface or the Services, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, “Applicable Laws”); or (b) contribute to or facilitate any illegal activity.

3.2. As a condition to accessing or using the Services or the Interface, you further acknowledge, understand, and agree to the following:

• from time to time the Interface and the Services may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that the Foundation or any of its suppliers or contractors may undertake from time to time; (c) causes beyond the Foundation's control or that the Foundation could not reasonably foresee; (d) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (e) unavailability of third-party service providers or external partners for any reason;
• we reserve the right to disable or modify access to the Interface and the Services at any time in the event of any breach of these Terms, including, without limitation, if we reasonably believe any of your representations and warranties may be untrue or inaccurate in any respect, and we will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Interface or the Services being inaccessible to you at any time or for any reason;
• the Interface and the Services may evolve, which means the Foundation may apply changes, replace, or discontinue (temporarily or permanently) the Services at any time in its sole discretion;
• the information provided on the Interface does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with the Foundation or any other individual or entity;
• the Foundation does not act as an agent for you or any other user of the Interface or the Services;
• you are solely responsible for your use of and access to the Interface and the Services, including, without limitation, all of your transfers and receipts of Digital Assets;
• to the fullest extent not prohibited by Applicable Law, we owe no fiduciary duties to you or any other party, and have no liability to you or any party, and that to the extent any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate those duties and liabilities;
• you are solely responsible for reporting and paying any taxes incurred in connection with your use of the Interface or the Services;
• we have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any Digital Assets that you may transfer to or receive from a Third Party, and we are not responsible for ensuring that an entity with whom you transact completes the transaction or is authorized to do so (or repays any amounts it may be required to repay to you), and if you experience a problem with any transactions in Digital Assets using the Interface or the Services, then you bear the entire risk;
• the Foundation does not control or operate any version of the Third Party Services, or any Third Party blockchain network;
• to access the Interface, you must use your wallet, which allows you to interact with public blockchains;
• your relationship with your wallet provider is governed by the applicable terms of service of such third party;
• we do not have custody or control over the your wallet or the contents therein, and we have no ability to retrieve, transfer or otherwise handle your wallet, its contents or your private key; and
• by connecting your wallet to our Interface, you agree to be bound by, comply with, and waive any claim against Katana and its agents related to the Services, Interface, or any matter discussed in the Terms.

3.3. As a condition to accessing or using the Services or the Interface, you covenant to the Foundation the following:

• you will obey all Applicable Laws in connection with using the Interface and the Services, and you will not use the Interface or the Services of the laws of your country, or any other Applicable Law, prohibit you from doing so;
• any Digital Assets you use in connection with the Interface and the Services are either owned by you or you are validly authorized to carry out actions using such Digital Assets; and
• in addition to complying with all restrictions, prohibitions, and other provisions of these Terms, you will (a) ensure that, at all times, all information that you provide when using the Interface and the Services is current, complete, and accurate and (b) maintain the security and confidentiality of your private keys associated with your wallet, passwords, API keys and other related credentials.

4. USER RESPONSIBILITIES; WALLET

4.1. In order to use certain features of the Interface and Services, you will be required to connect your wallet to the Interface. You acknowledge that we are not responsible for transferring, safeguarding, or maintaining your private keys or any Digital Assets associated with your wallet. If you lose, mishandle or have stolen your wallet private keys, you acknowledge that you may not be able to recover associated Digital Assets and that we are not responsible for such loss.

4.2. You acknowledge that you may disconnect your wallet from the Interface at any time.

4.3. You agree that you will not use the Interface or the Services to engage in any Digital Asset transaction that would be in violation of Applicable Law.

4.4. You acknowledge and agree that we may restrict, suspend or close your access to the Interface or the Services for any reason or no reason, including if we reasonably believe that you have breached any of the Terms.

4.5. You acknowledge and agree that you must provide all equipment, connectivity, and software necessary to connect to the Interface and use the Services. You are solely responsible for any costs and expenses, including Internet connection fees, gas fees, or mobile fees, which you incur when accessing the Interface and the Services.

5. NETWORK FEES

In connection with your use of the Interface and the Services, you are required to pay all fees necessary for interacting with any blockchain, including “gas” costs. You acknowledge and agree that the Foundation is not responsible for any such fees.

6. NO PROFESSIONAL ADVICE OR FIDUCIARY DUTIES

All information provided in connection with your access to and use of the Interface and the Services 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 on the Interface or any other information that we make available at any time, including, without limitation, blog posts, articles, links to third-party content, discord content, news feeds, tutorials, tweets, and videos. 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. These Terms are not intended to, and do not, create or impose any fiduciary duties on us. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.

7. PROHIBITED ACTIVITY

You may not use the Interface or the Services to engage in the categories of activity set forth below, as well as any other similar or related activities (“Prohibited Uses”). The specific activities set forth below are representative, but not exhaustive, of Prohibited Uses. By using the Interface or the Services, you confirm that you will not use the Interface or Services to do any of the following:

• Violate any Applicable Laws including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws and sanctions programs, such as, without limitation, the Bank Secrecy Act and the U.S. Department of Treasury's Office of Foreign Asset Controls;
• Violate any Applicable Law including, without limitation, those related to securities and derivatives regulation, or gambling;
• Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under Applicable Law;
• Use the Foundation's intellectual property, name, or logo, including the Foundation's trade or service marks, without express consent from the Foundation or in a manner that otherwise harms the Foundation or implies an untrue endorsement by or affiliation with the Foundation;
• Use the Interface or the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Interface or the Services, or that could damage, disable, overburden, or impair the functioning of the Interface or the Services in any manner;
• Circumvent any content-filtering techniques, security measures or access controls that the Foundation employs on the Interface, including, without limitation, through the use of a VPN;
• Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Interface or the Services or to extract data, or introduce any malware, virus, trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Interface or the Services;
• Provide false, inaccurate, or misleading information while using the Interface or the Services or engage in activity that operates to defraud the Foundation, other users of the Interface or Services, or any other person;
• Use or access the Interface or the Services to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion;
• Use the Interface in any way that is, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, stalking, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive, or otherwise objectionable or likely or intended to incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others;
• Use the Interface or the Services from a jurisdiction where the use of the Interface or the Services is prohibited;
• Harass, abuse, or harm another person or entity, including the Foundation's employees and service providers;
• Impersonate another user of the Interface or the Services or otherwise misrepresent yourself;
• Encourage, induce or assist any third party, or yourself attempt, to engage in any of the activities prohibited under this Section 9 or any other provision of these Terms.

8. CONTENT

You hereby grant to us a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium, or manner, any content that is available to other users as a result of your use of the Interface or the Services (collectively, “Your Content”), including, without limitation, for promoting the Foundation, its affiliates, the Services or the Interface. You represent and warrant that (a) you own Your Content or have the right to grant the rights and licenses in these Terms; and (b) Your Content and our use of Your Content, as licensed herein, does not and will not violate, misappropriate or infringe on any third party's rights.

9. PROPRIETARY RIGHTS

You acknowledge that the Interface or the Services may use, incorporate or link to certain open-source components and that your use of the Interface or Services is subject to, and you will comply with any, applicable open-source licenses that govern any such open-source components (collectively, “Open-Source Licenses”). Without limiting the generality of the foregoing, you may not (a) resell, lease, lend, share, distribute, or otherwise permit any third party to use the Interface or the Services; (b) use the Interface or the Services for time-sharing or service bureau purposes; or (c) otherwise use the Interface or the Services in a manner that violates the Foundation License or any other Open-Source Licenses.

Excluding the open-source software described in Section 9.1 or third-party software that the Interface or the Services incorporates, as between you and the Foundation, the Foundation owns the Interface and the Services, including all technology, content, and other materials used, displayed, or provided on the Interface or in connection with the Services (including all intellectual property rights subsisting therein), and hereby grants you a limited, revocable, transferable, license to access and use those portions of the Interface and the Services that are proprietary to the Foundation.

Any of the Foundation's product or service names, logos, and other marks used on the Interface or as a part of the Services, including the Foundation's name and logo, are trademarks owned by the Foundation, its affiliates, or its applicable licensors. You may not copy, imitate, or use them without the prior written consent of the Foundation or the applicable licensors, and these Terms do not grant you any rights in those trademarks. You may not remove, obscure, or alter any legal notices displayed in or along with the Services.

10. links

The Interface and/or the Services provide, or third parties may provide, links to other World Wide Web or accessible sites, applications, or resources. You acknowledge and agree that the Foundation is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Foundation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

11. MODIFICATION, SUSPENSION, AND TERMINATION

We may, at our sole discretion, from time to time and with or without prior notice to you, modify, suspend or disable (temporarily or permanently) the Interface and the Services, in whole or in part, for any reason whatsoever. Upon termination of your access, your right to access and use the Interface or the Services will immediately cease. We will not be liable for any losses suffered by you resulting from any modification to the Interface or the Services, or from any modification, suspension, or termination, for any reason, of your access to all or any portion of the Interface or the Services.

12. ADDITIONAL RISKS RELATED TO THE INTERFACE AND THE SERVICES

12.1. You acknowledge and understand that the Interface and the Services could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of the Foundation to continue to make available its proprietary software and, thus, could impede or limit your ability to access or use the Interface or the Services.

12.2. You acknowledge and understand that cryptography is a progressing field with advances in code cracking or other technical advancements, such as the development of quantum computers, which may present risks to Digital Assets and the smart contracts to which the Interface and the Services facilitate access, and could result in the theft or loss of your Digital Assets.

12.3. You acknowledge that the Interface and the Services are subject to flaws and that you are solely responsible for evaluating any code provided by the Services or Interface. This warning and others the Foundation provides in these Terms in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Services or the Interface.

12.4. Although we intend to provide accurate and timely information on the Interface, the Interface and other information available when using the Services may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time, including, without limitation, information regarding our policies. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Interface or as part of the Services are your sole responsibility.

12.5. Any reference to a type of Digital Asset on the Interface or otherwise during the use of the Services does not indicate our approval or disapproval of the technology on which the Digital Asset relies, and should not be used as a substitute for your understanding of the risks specific to each type of Digital Asset.

12.6. We must comply with Applicable Law, which may require us to, upon request by government agencies, take certain actions or provide information, which may not be in your best interests.

12.7. You hereby assume, and agree that the Foundation will have no responsibility or liability for, the risks set forth in these Terms, including this Section 12x. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against the Foundation, its launch partners, its affiliates, and their respective shareholders, members, council, directors, officers, employees, agents, and representatives, suppliers, service providers, and contractors related to any of the risks set forth in these Terms, including this Section 12.

13. ADDITIONAL RISKS RELATED TO KAT TOKENS

13.1. KAT Tokens are designed to be used on the Katana protocol once launched. There can be no assurance that KAT Tokens will function as intended or as described on any website or in other communications, or will be maintained and further developed according to current plans.

13.2. Significant technological, market and economic factors may adversely affect your ability to use KAT Tokens:

14. ADDITIONAL LEGAL AND REGULATORY RISKS

14.1. Risks of New & Evolving Laws and Regulations There is significant risk surrounding the ongoing development of regulatory frameworks governing blockchain technology across jurisdictions, including in the United States, and as the blockchain, Digital Assets, and web3 industry continues to grow, regulatory scrutiny may increase. The Foundation, the Interface, the Services or other entities or assets associated with the foregoing may be found to be subject to certain laws or regulatory regimes that could adversely impact you. Additionally, laws or interpretations may change and the Foundation, the Interface, the Services or other entities or assets associated with the foregoing may be subject to new or changed laws or regulations in the future. Any restrictive or prohibitive legislation or regulation on blockchains or Digital Assets could impair the Foundation, the Interface, the Services or other entities or assets associated with the foregoing. To the extent licenses, permits, or other authorizations are required in one or more jurisdictions in which the Foundation is deemed to operate, there is no guarantee that the Foundation or another party will be able to secure such licenses, permits, or authorizations in order for the Foundation, the Interface and the Services to continue to operate. Significant changes may need to be made to comply with any licensing and/or registration requirements (or any other legal or regulatory requirements) in order to avoid violating Applicable Law or because of the cost of such compliance. Uncertainty in how the legal and regulatory environment will develop could negatively impact the development, growth, and utilization of the Interface, the Services or other entities or assets associated with the foregoing.

14.2. Risks of KAT Tokens or KAT Token Transactions Being Deemed Securities or Other Regulated Instruments The U.S. Securities and Exchange Commission (“SEC”) and its staff have taken the position that certain Digital Assets and Digital Asset Transactions fall within the definition of a “security” under the U.S. federal securities laws. The legal test for determining whether any given Digital Asset or transaction is a security is a highly complex, fact-driven analysis that evolves with U.S. case law and developments over time, and the outcome(s) or conclusion(s) of any such legal analysis may be uncertain or evolve in ways that are difficult to predict. The SEC generally does not provide advance guidance on or confirmation of whether any particular token or transaction is or may be a security. Furthermore, the SEC's views in this area have evolved over time and it is difficult to predict the direction or timing of any continuing evolution. It is also possible that legislative or judicial developments or a change in the governing administration or the appointment of new SEC commissioners could substantially impact the views of the SEC and its staff. Further, certain Digital Assets or transactions may be deemed to be other types of regulated financial instruments or transactions in the U.S.; or securities or other regulated financial instruments or transactions in other jurisdictions. As a result, certain Digital Assets or transactions may be deemed to be “securities” or other regulated financial instruments or transactions under the laws of some jurisdictions, but not others. Various foreign jurisdictions may, in the future, adopt additional laws, regulations, or directives that affect the characterization of certain Digital Assets or transactions as “securities” or other regulated financial instruments. The classification of a Digital Asset or transaction as a security or regulated financial instrument under Applicable Law has wide-ranging implications for the regulatory obligations that could be imparted on the Foundation, Interface or Services users, or holders of KAT Tokens, including obligations that could make the Interface or the Services not viable to continue to operate or negatively impact the development, growth, and utilization of the Interface and Services, and liquidity and market sentiment around KAT Tokens.

14.3 Risk of Third-Party Illegal Activity. Third parties may exploit the Interface, the Services, the vaults or KAT Tokens to facilitate illegal activity including fraud, money laundering, gambling, tax evasion, sanctions evasion, and scams. If any third party engages in such illegal activities, that and the legal and regulatory consequences of those activities could negatively impact the development, growth, and utilization of the Interface, the Services, the vaults and KAT Tokens. While we do not control your activities or the activities of others who use the Interface, the Services, the vaults or KAT Tokens, such use for illegal or improper purposes could subject us, you, the Interface, the Services or Yearn to claims, individual and class action lawsuits, and government and regulatory investigations, prosecutions, enforcement actions, inquiries, or requests that could result in liability and reputational harm.

Certain activities that may be legal in one jurisdiction may be illegal in another jurisdiction, and certain activities that are at one time legal may in the future be deemed illegal in the same jurisdiction. In the event that a user found responsible for intentionally or inadvertently violating the laws in any jurisdiction, you or the Foundation may be subject to governmental inquiries, enforcement actions, prosecution, or held secondarily liable for aiding or facilitating such activities.

14.4 Risks Associated with the Tax Treatment of Digital Assets. Due to the new and evolving nature of Digital Assets and the absence of comprehensive legal guidance with respect to Digital Asset transactions, the taxation of Digital Assets is uncertain, and it is unclear what guidance may be issued in the future on the treatment of Digital Asset transactions for tax purposes. Guidance under, or changes in, the tax laws applicable to of Digital Assets, including KAT Tokens, or the Foundation and/or its activities and transactions, either directly or through subsidiaries, could adversely impact the value of KAT Tokens or your ability to use or engage with the Interface or Services, or in certain types of transactions. The Foundation or its affiliates may also have tax reporting obligations in various jurisdictions with respect to KAT Tokens or other Digital Assets associated with the Interface and the Services. You should consult a tax advisor with respect to the tax treatment of Digital Assets in your jurisdiction.

14.5 Risk of Slippage in ETH/BTC Deposits. Deposits made in crypto, without limitation ETH or BTC, may be subject to price fluctuations between the time of user transaction submission and the backend processing of such deposits. Extreme market conditions could lead to a mismatch. Users should, therefore, consider market conditions and understand that this mechanism is intended to balance fairness and platform integrity under volatile market scenarios.

15. INDEMNIFICATION

You will defend, indemnify, and hold harmless the Foundation, its affiliates, and its and its affiliates' respective stockholders, members, council, directors, officers, managers, employees, attorneys, agents, representatives, suppliers, and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation attorneys' fees, arising out of or relating to (a) your use of, or conduct in connection with, the Interface or the Services; (b) Digital Assets associated with your wallet, including, without limitation, USDC, KAT Tokens and NFTs, or Core App Tokens; (c) any feedback or user content you provide to the Foundation, if any, concerning the Interface or the Services; (d) your violation of these Terms; or (e) your infringement or misappropriation of the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, the Foundation (or, at its discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether the Foundation wishes to settle, and if so, on what terms, and you agree to corporate with the Foundation in the defense.

16. ADDITIONAL DISCLOSURES; DISCLAIMERS

The Foundation has no oversight, involvement, or control concerning your transactions facilitated by use of the Interface and the Services. All transactions facilitated by Foundation-developed open-source software, including the Interface, are executed peer-to-peer or peer-to-contract directly between the users' wallets through a smart contract.

To the maximum extent permitted under Applicable Law, the Interface and the Services (and any of their content or functionality) provided by or on behalf of us are provided on an “AS IS” and “AS AVAILABLE” basis, and we expressly disclaim, and you hereby waive, any representations, conditions or warranties of any kind, whether express or implied, legal, statutory or otherwise, or arising from statute, otherwise in law, course of dealing, or usage of trade, including, without limitation, the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights. Without limiting the foregoing, we do not represent or warrant that the Interface or the Services (including any data relating thereto) will be uninterrupted, available at any particular time, or error-free. Further, we do not warrant that errors in the Interface or the Services are correctable or will be correctable.

You acknowledge that your data, if any, on the Interface or used through the Services, may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, and agree that, to the maximum extent permitted under Applicable Law, we will not be liable for any loss or damage caused by denial-of-service attacks, software failures, viruses or other technologically harmful materials (including those which may infect your computer equipment), protocol changes by third-party providers, Internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control.

The disclaimer of implied warranties contained herein may not apply if and to the extent such warranties cannot be excluded or limited under the Applicable Law of the jurisdiction in which you reside.

17. EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES

In no event shall the Foundation, its affiliates, its suppliers and contractors, and its and its affiliates', suppliers' and contractors' respective stockholders, members, directors, officers, managers, employees, attorneys, agents, representatives, suppliers, and contractors (collectively, the “Risk Limited Parties”) be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of fiat, assets, data, information, revenue, opportunities, use, goodwill, profits or other business or financial benefit) arising out of or in connection with the Interface and the Services, any execution or settlement of a transaction, any performance or non-performance of the Services, your Digital Assets or any other product, service or other item provided by or on behalf of the Foundation, whether under contract, tort (including negligence), civil liability, statute, strict liability, breach of warranties, or under any other theory of liability, and whether or not we have been advised of, knew of or should have known of the possibility of such damages and notwithstanding any failure of the essential purpose of these Terms or any limited remedy hereunder nor is the Foundation in any way responsible for the execution or settlement of transactions between users of the Foundation-developed open-source software.

18. LIMITATION OF LIABILITY

In no event shall the Foundation's aggregate liability (together with its affiliates, including its and its affiliates' respective stockholders, members, directors, managers, officers, employees, attorneys, agents, representatives, suppliers, or contractors) arising out of or in connection with the Interface and the Services (and any of their content and functionality), any performance or nonperformance of the Services, your Digital Assets, or any other product, service or other item provided by or on behalf of the Foundation, whether under contract, tort (including negligence), civil liability, statute, strict liability or other theory of liability exceed in aggregate $100.

19. DISPUTE RESOLUTION AND ARBITRATION

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with the Foundation and limits how you can seek relief from the Foundation. You and the Foundation agree that any dispute arising out of or related to these Terms or the Services is personal to you and the Foundation and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.

Any dispute, controversy or claim arising out of, or in relation to, these Terms, including the validity, breach, or termination thereof, shall be resolved by arbitration in accordance with Swiss Rules for International Arbitration of the Swiss Arbitration Centre in force on the date on which the Notice of Arbitration (the “Rules”). The number of arbitrators shall be three. The seat of the arbitration shall be Zug, Switzerland. The arbitration proceedings shall be conducted in English. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

20. GOVERNING LAW

The interpretation and enforcement of these Terms, and any dispute related to these Terms, the Interface or the Services, will be governed by and construed and enforced under the laws of Switzerland, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. The United Nations Convention for the International Sales of Goods is excluded. You agree that we may initiate a proceeding related to the enforcement or validity of our intellectual property rights in any court having jurisdiction. For any other proceeding that is not subject to arbitration under these Terms, the courts located in the canton of Zug, Switzerland will have exclusive jurisdiction. You waive any objection to venue in any such courts.

21. GENERAL INFORMATION

21.1. Please refer to our privacy policy for information about how we collect, use, share and otherwise process information about you

21.2. You consent to receive all communications, agreements, documents, receipts, notices, and disclosures electronically (collectively, our “Communications”) that we provide in connection with these Terms, the Interface or the Services. You agree that we may provide our Communications to you by posting them on the Interface or by emailing them to you at the email address you provide in connection with using the Services, if any. You should maintain copies of our Communications by printing a paper copy or saving an electronic copy.

21.3. Any right or remedy of the Foundation set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under Applicable Law, at law, or in equity. The failure or delay of the Foundation in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.

21.4. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

21.5. The following sections of these Terms will survive any termination of your access to the Interface or the Services, regardless of the reasons for its expiration or termination, in addition to any other provision which by law or by its nature should survive: Sections 8 through 21.

21.6. We will have no responsibility or liability for any failure or delay in performance of the Interface or any of the Services, or any loss or damage that you may incur, due to any circumstance or event beyond our control, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.

21.7. You may not assign or transfer any right to use the Interface or the Services, or any of your rights or obligations under these Terms, without our express prior written consent, including by operation of law or in connection with any change of control. We may assign or transfer any or all of our rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

21.8. Headings of sections are for convenience only and shall not be used to limit or construe such sections.

21.9. These Terms contain the entire agreement between you and the Foundation, and supersede all prior and contemporaneous understandings between the parties regarding the Interface and the Services.

21.10. In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.

21.11. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to the Agreement other than the Indemnified Parties.