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TERMS OF SERVICE

Last Updated: February 14, 2025

The website located at https://plutoperp.xyz is published, owned, and operated by Pluto Digital, Ltd., its affiliates and related entities ("Company," "Pluto Digital" "we," "us," and "our"). These Terms of Use (the "Terms") govern the user's ("User," "you," and "your") access to and use of the website(s) whether accessed via computer, mobile device or otherwise (individually and collectively, the "Website") as well as any products and services provided by the Company (the "Service") (the Website, together with the Service, collectively referred to as the "Service" or "Services"). 

THE SERVICE IS NOT AVAILABLE TO PERSONS OR ENTITIES WHO RESIDE IN, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN THE UNITED STATES OF AMERICA. MOREOVER, NO SERVICES ARE OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY (AS DEFINED BELOW, AND ANY SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, A "RESTRICTED PERSON") OR IF YOU ARE A SANCTIONED PERSON (DEFINED BELOW). WE DO NOT MAKE EXCEPTIONS; THEREFORE, IF YOU ARE A BLOCKED PERSON, THEN DO NOT ATTEMPT TO USE THE SERVICE AND IF YOU ARE A RESTRICTED PERSON, THEN DO NOT ATTEMPT TO USE ANY OF THE SERVICES. USE OF A VIRTUAL PRIVATE NETWORK ("VPN") TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED

**Assumption of Risk in Regards to Smart Contracts: You understand and agree that engaging with the Service, including but not limited to interacting with smart contracts, is done at your own risk. You are solely responsible for any and all actions taken through your wallet and any consequences thereof. You acknowledge that smart contracts, blockchain technology, and decentralized applications are inherently complex and may contain vulnerabilities. These vulnerabilities could potentially be exploited, leading to the loss of assets or other adverse consequences. You explicitly acknowledge that the smart contracts associated with the Service have not been audited by any third-party and as such, there is no guarantee of their security, reliability, or functionality. By using the Service and interacting with the smart contracts, you accept the risk that the smart contracts may contain errors, bugs, or other issues that could result in unexpected behavior, including but not limited to the complete loss of user assets. You agree and acknowledge that to the maximum extent permitted by law, Pluto Digital, its owners, operators, developers, and affiliates will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Service and its smart contracts, including but not limited to any loss of assets due to hacks, exploits, or other vulnerabilities. You agree to indemnify, defend, and hold harmless our platform and its affiliates from and against any claims, liabilities, damages, losses, and expenses, including but not limited to legal and accounting fees, arising out of or in any way connected with your use of the Service or your violation of these Terms of Use. By using the Service, you confirm that you have read, understood, and agree to these Terms of Use. You acknowledge that you are aware of the risks associated with smart contracts and decentralized applications and accept full responsibility for your actions and their consequences. If you do not agree with any part of these Terms of Use, you must not use the Service or interact with its smart contracts.

  1. ACCEPTANCE OF AGREEMENT

THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICE, AND ALL RELATED TOOLS, MOBILE APPLICATIONS, WEB APPLICATIONS, DECENTRALIZED APPLICATIONS, SMART CONTRACTS, AND APPLICATION PROGRAMMING INTERFACES ("APIS") LOCATED AT ANY OF THE COMPANY'S WEBSITES, INCLUDING WITHOUT LIMITATION, SUCCESSOR WEBSITE(S) OR APPLICATION(S) THERETO. THESE TERMS SET OUT YOUR RIGHTS AND RESPONSIBILITIES WHEN YOU USE THE SERVICE FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO MINTING OR BURNING SMART CONTRACTS, PROVIDING LIQUIDITY TO THE SERVICE, TRADING, OR VIEWING HISTORICAL DATA, TRANSACTION INFORMATION, STATISTICS, OR INFORMATION ON OTHER ACTIVITIES TAKING PLACE ON THE SERVICE. BY USING THE SERVICE IN ANY MANNER, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. BY AGREEING TO THESE TERMS, YOU HEREBY CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE OR THE SERVICE.

PLEASE BE AWARE THAT THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION (SECTION 13.4) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

By accessing, browsing, submitting information to and/or using the Website, or by signing into the Website using a Wallet (as defined below), you accept and agree to be bound and abide by these Terms and our Privacy Policy (plutoperp.xyz/privacy), incorporated herein by reference, and to comply with all applicable laws including, without limitation, all national, regional, and local tax and tariff laws, regulations, and/or directives. Accordingly, under Article 6 of the General Data Protection Regulation, or "GDPR," users in the European Union acknowledge and consent to our processing of personal data as necessary for the performance of these Terms, any applicable agreements, and use of the Website. If you do not agree to the Terms, please do not use the Services. The Terms of Use are referred to herein as the "Agreement."

  1. AMENDMENTS

The Company reserves the right to amend this Agreement or the Privacy Policy described in Section 5 below, at any time with reasonable notice, as determined by the Company in its sole discretion. The Company will post notice of any amendment on the Service by revising the "Last Updated" date at the beginning of the applicable document. Amendments are binding on users of the Service and will take effect immediately upon posting. You should check this Agreement, and the Privacy Policy regularly for updates. By continuing to use the Service after such notice is provided, you accept and agree to such amendments. If you do not agree to any amendment to any of these agreements, you must stop using the Service. If you have any questions about the terms and conditions in this Agreement, or the Privacy Policy please contact us at support@plutoperp.xyz.

  1. DEFINITIONS AND INTERPRETATION

3.1. Defined Terms. In addition to certain terms defined throughout this Agreement, unless the context requires otherwise, the following capitalized terms in this Agreement shall have the following meanings:

  • "Affiliate" means, with respect to a party, any person, firm, corporation, partnership (including, without limitation, general partnerships, limited partnerships, and limited liability partnerships), limited liability company, or other entity that now or in the future, directly controls, is controlled with or by, is under common control, or is in direct contract for the provision of services with such party.
  • "Applicable Law" means the laws of the State of Delaware as the same may be amended, modified, supplemented and in effect from time to time during the Term (as defined below).
  • "Business Day" means a day other than a Saturday, Sunday, or other day on which commercial banks in New York are authorized or required to close.
  • "NFT" means Non-Fungible Token.
  • "Ecosystem" means the integrated blockchain environment used, established, maintained, and operated by the Company. The Ecosystem includes the underlying blockchain network (such as Hyperliquid or any other supported blockchain), the proprietary protocols, associated digital assets, and any additional features, applications, or services developed or integrated by the Company and its Affiliates that collectively support and enhance the operation of the Service.
  • "Profile Information" means the information you may be required to provide to the Company to register for the Service, including as applicable, Wallet address, name and address, as well as the username and password that may be required to allow you to access the Service, as such information shall change from time to time.
  • "Wallet" means a Hyperliquid or other blockchain-based or electronic wallet, such as those provided by Phantom and MetaMask, which allows Users to purchase and store cryptocurrencies and other tokens, and sign/engage in transactions on the Hyperliquid Blockchain, or any other supported wallet which provides similar functionality on the Hyperliquid or other blockchain.
  • "Smart Contract" means a self-executing computer program deployed on a blockchain platform (including, without limitation, the Hyperliquid Blockchain) that automatically executes, enforces, and verifies the terms of a contract or set of pre-specified instructions when predetermined conditions are met, without the need for centralized oversight or human intervention.
  • "Hyperliquid Fee" means the transaction fee required by the Hyperliquid blockchain network to process and confirm transactions. The Hyperliquid Fee is typically paid in HYPE and is determined by network conditions which may fluctuate based on transaction complexity and network congestion. The Company does not control the amount or timing of Hyperliquid Fees.
  • "Digital Asset" means any digital representation of value that is created, transferred, and stored using blockchain or distributed ledger technology. This includes, but is not limited to, cryptocurrencies, utility tokens, security tokens, and other digital tokens that function as a medium of exchange, store of value, or investment. The value of Digital Assets is determined by market dynamics and may be subject to significant volatility.
  • "Company Materials" means any visual, textual, digital, or code-based assets created, compiled, or provided by the Company or its licensors, including but not limited to logos, trademarks, designs, software, proprietary data, and other intellectual property used in connection with the Service.
  • "Company Protocol" means the collection of computer code, smart contracts, software systems, and associated rules and procedures developed, maintained, and operated by the Company that govern and facilitate the operation of the Service. This includes all automated processes, algorithms, and mechanisms that execute transactions, enforce rules, and manage interactions on the underlying blockchain network. The Company reserves the right to update or modify the Company Protocol at its sole discretion.
  • "Third-Party Applications" means any software, digital tool, or application developed and maintained by an entity other than the Company that is made available through or integrated with the Service. This includes, without limitation, Know Your Customer (KYC) verification software and other external tools that facilitate the use of the Service and are subject to separate terms and conditions.

3.2. Interpretation. References to Sections and Appendices are to be construed as references to the Sections of, and Appendices to, this Agreement, unless otherwise indicated. The singular includes the plural, and the plural includes the singular. All references to hereof, herein, hereunder and other similar compounds of the word here shall mean and refer to this Agreement as a whole rather than any particular part of the same. The terms include and including are not limiting. Unless designated as Business Days, all references to days shall mean calendar days. The use of the word "including" in this Agreement to refer to specific examples will be construed to mean "including, without limitation" or "including but not limited to" and will not be construed to mean that the examples given are an exclusive list of the topics covered. The headings, captions, headers, footers and version numbers contained in this Agreement are intended for convenience or reference and shall not affect the meaning or interpretation of this Agreement.

  1. THE SERVICE

4.1.Purpose of the Website. The Website provides Users access to Pluto Digital, a decentralized trading platform for perpetual futures. Pluto Digital enables Users to open and manage leveraged positions on various cryptocurrency assets through an on-chain protocol that operates without intermediaries. The platform executes trades using Hyperliquid's infrastructure, which provides deep liquidity, sub-second execution speeds, and an order book-based matching engine. Orders are placed through a web-based interface and can be managed programmatically via API or integrated Telegram bots. The protocol settles trades in real time, with positions marked to market continuously based on Hyperliquid's pricing mechanism. Users interact with Pluto Digital via smart contracts deployed on a blockchain network. All margin deposits, trade executions, liquidations, and withdrawals occur on-chain, and Users maintain direct custody of their funds at all times. The Website functions as an interface for accessing the Pluto Digital protocol, but does not control, custody, or guarantee any transactions executed on the blockchain. Users are solely responsible for managing risk, maintaining margin requirements, and understanding the mechanics of perpetual futures trading.

4.2. Use of the Website. The Company grants you a non-exclusive license to access and use the Service including the Website and the data, material, content, or information herein (collectively, the "Content") solely for your personal use. Your right to access and use the Website shall be limited to the purposes described in these Terms unless you are otherwise expressly authorized in writing by the Company to use the Website for your own commercial purposes. You agree to use the Website only for lawful purposes, comply with all rules governing any transactions on, through, or in connection to the Website and comply with applicable laws.

4.3. Conditions of Use

4.3.1 User Representations and Warranties. As a condition to accessing or using the Services, you represent and warrant to the Company the following:

  • If you are entering into these Terms as an individual, then you have the legal capacity to enter into these Terms and be bound by them. You are at least 18 years of age.
  • If you are entering 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 located within the United States, a resident of the United States, or acting on behalf of (1) any corporation, partnership, limited liability company, or other business entity organized or incorporated under the laws of the United States or having its principal place of business in the United States; (2) any fund or collective investment vehicle that is organized under U.S. law or primarily marketed to U.S. residents; (3) any trust governed by U.S. law; (4) any branch or agency of a foreign entity located in the United States; (5) any special purpose vehicle ("SPV") or other entity established for the purpose of facilitating a transaction for a U.S. person; or (6) for an affiliate of any of the above. For the avoidance of doubt, any person classified as a "U.S. Person" under Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 is prohibited from entering into these Terms.
  • You must not be a resident, citizen or agent of, or incorporated in, and do not have a registered office in Cuba, North Korea, Iran, Libya, Lebanon, Central African Republic, Sudan, Syria, Somalia, Venezuela, Yemen, Russia, Myanmar (Burma), the regions of Crimea, Donetsk or Luhansk, or any other country or region that is the subject of comprehensive country-wide or region-wide economic sanctions by the United States (collectively, "Restricted Territories").
  • You are not the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) (collectively, "Sanctioned Person").
  • You do not intend to transact with any Restricted Person or Sanctioned Person.
  • You do not, and will not, use a VPN or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services.
  • Your access to the Services (a) is not 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 Company, you, the Website or the Services, or as otherwise duly enacted, enforceable by law, the common law or equity; and (b) does not contribute to or facilitate any illegal activity.

4.3.2. User Covenants. As a condition to accessing or using the Service, you acknowledge, understand, and agree to the following:

  • From time to time, the Service may be inaccessible or inoperable for any reason, including: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that the Company or any of our suppliers or contractors may undertake from time to time; (c) causes beyond the Company's control or that the Company 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.
  • The Company reserves the right to disable or modify access to the Services (such as restricting features of the Services) at any time in the event of any breach of these Terms, including, if the Company reasonably believes any of your representations and warranties may be untrue or inaccurate, and the Company will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Services being inaccessible to you at any time or for any reason.
  • The Services may evolve, which means the Company may apply changes, replace, or discontinue (temporarily or permanently) the Services at any time in our sole discretion.
  • Any data provided on the Website does not represent (i) an offer, a solicitation of an offer, or recommendation to enter into, a transaction with the Company (other than the payment of fees to the Company) or (ii) any advice regarding a transaction entered into using the Service.
  • The Company does not act as an agent for you or any other user of the Service.
  • You are solely responsible for your use of the Service, including all of your transfers of Digital Assets and any profits or losses you incur in connection with the Service.
  • To the fullest extent not prohibited by Applicable Law, the Company owes no fiduciary duties or liabilities to you or any other 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 applicable to your use of the Services.
  • The Company has 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 from a third party, and the Company is not responsible for ensuring that an entity with whom you transact completes the transaction or is authorized to do so, and if you experience a problem with any transactions in Digital Assets using the Services, then you bear the entire risk.
  • The Company or its Affiliates may, from time to time, operate contests, promotions, sweepstakes or other activities or offer referral programs ("Promotions and Referrals"), which may be governed by separate terms and conditions and rules that may contain certain eligibility requirements; and you are responsible for reading all terms and conditions and rules relating to the Promotions and Referrals to determine whether you are eligible to participate. If you choose to enter or participate in any Promotions and Referrals, then you agree to abide by, and to comply with, all terms and conditions and official rules of such Promotions and Referrals.
  • If you receive discounts on fees from any Promotions and Referrals that are not subject to separate terms and conditions and rules, then the Company reserves the right to add to, modify or eliminate the discounts and any other aspect of such Promotions and Referrals at any time in our sole discretion.

4.3.3. Prohibited Uses**.** By using the Service, you agree that you will not:

  • Use the Service in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Service.
  • Attempt to gain unauthorized access to any Website account, Wallet, or computer systems or networks associated with the Company or the Website.
  • Obtain or attempt to obtain any materials or information through the Service by any means not intentionally made available or provided by the Company.
  • 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, including sales, distribution or access to counterfeit music, movies, software or other licensed materials without the appropriate authorization from the rights holder; use of Pluto Digital's intellectual property, name or logo, including use of Pluto Digital's trade, service or licensed marks, without express consent from Pluto Digital or in a manner that otherwise harms Pluto Digital; any action that implies an untrue endorsement by or affiliation with Pluto Digital;
  • Engage in improper or abusive trading practices, including, but not limited to, (a) any fraudulent act or scheme to defraud, deceive, trick or mislead; (b) trading ahead of another user of the Services or front-running; (c) fraudulent trading; (d) accommodation trading; (e) fictitious transactions; (f) pre-arranged or non-competitive transactions; (g) cornering, or attempted cornering, of any Perpetual Contracts or other Digital Assets; (h) violations of bids or offers; (i) wash trading (i.e., entering buy and sell orders at or about the same price, volume, and time for the purpose of generating trading volume); (j) manipulation (i.e., trading for the purposes of affecting the market price of a Digital Asset and creating an artificial price); (k) spoofing (i.e., placing buy or sell orders without a bona fide intent to transact and with the intent to cancel before execution); (l) knowingly making any bid or offer for the purpose of making a market price that does not reflect the true state of the market; (m) entering orders for the purpose of entering into transactions without a net change in either party's open positions but a resulting profit to one party and a loss to the other party, commonly known as a "money pass;" or (n) any other trading activity that, in the reasonable judgment of Pluto Digital, is abusive, improper or disruptive to the operation of the Interface.
  • Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Site or the Services in any manner;
  • Use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Introduce any virus, Trojan horse, worm, logic bomb, or other material which is malicious or technologically harmful.
  • Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Impersonate or attempt to impersonate the Company, a Company employee, an Affiliate of the Company, or another User or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on or provided by the Service.
  • Modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service.
  • Access the Service in order to build a similar or competitive website, product, or service.
  • Misrepresent, with omission or otherwise, the truthfulness, sourcing or reliability of any content on the Website.
  • Violate any Applicable Laws including any relevant and applicable anti-money laundering and anti-terrorist financing laws and sanctions programs, such as the Bank Secrecy Act and the U.S. Department of Treasury's Office of Foreign Asset Controls.
  • Use or access the Service to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including terrorism or tax evasion.
  • Attempt to circumvent any content-filtering techniques, security measures or access controls that the Company employs on the Website, including through the use of a VPN.
  • Encourage or induce any third party to engage in any of the activities prohibited under these Terms.

4.4. User Account Responsibility. User understands and agrees that it is solely responsible for maintaining the security of User's account and control over any usernames, passwords, public and/or private keys, or any other codes that User uses to access the Service. If you are given or create a password to access the Service, you are responsible for maintaining the confidentiality of your account and your password. If you use a Wallet to access the Service, the Company has no way of granting you access to the site if you lose access to, or control of, your Wallet. You are responsible for all activities that occur under your account, and you agree to notify the Company immediately of any suspected unauthorized use of your account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account, Wallet. or your password. Any unauthorized access to your account by third parties could result in the loss or theft of funds held in your account and any associated accounts, including your linked bank account(s) and credit card(s). The Company uses the third-party service Privy to manage accounts and cannot assist any User in recovering lost account access.

4.5. Additional Considerations

4.5.1. Transactions Are Recorded on the Public Blockchains. Transactions that occur in connection with the Service managed and confirmed via public blockchains including but not limited to the Hyperliquid blockchain. The User understands that its public address on the relevant blockchain will be made publicly visible whenever it engages in a transaction on the Service. The Company neither owns nor controls the Hyperliquid network, or any other blockchain network the Company chooses to interface with, or any other third-party site, product, or service that Users might access, visit, or use for the purpose of enabling the user to access and utilize the various features of the Service. The Company will not be liable for the acts or omissions of any such third parties, nor will the Company be liable for any damage that a User may suffer as a result of its transactions or any other interaction with any such third parties

4.5.2. Transaction Fees. In connection with your use of the Service, unless expressly stated otherwise pursuant to a promotion operated by the Company, you are required to pay all fees necessary for interacting with the Service and the blockchain network. All transactions made in connection with the Service are facilitated by smart contracts existing on a blockchain network. Blockchain networks generally require the payment of a transaction fee for every transaction. For example, the Hyperliquid network may require the payment of a transaction fee (the "Hyperliquid Fee") for every transaction that occurs on the Hyperliquid network and thus, every transaction occurring in connection with the Service through the Hyperliquid network. The value of the Hyperliquid Fee may change and is entirely outside of the control of the Company or the Service. Although the Company attempts to provide accurate fee information, this information reflects our estimates of fees, which may vary from the actual fees paid to use the Services and interact with the Hyperliquid network. User acknowledges that under no circumstances will a transaction made in connection with the Service be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Hyperliquid Fee for the given transaction was unknown, too high, or otherwise unacceptable to User.

4.5.3. No Professional Advice or Fiduciary Duties. All information provided in connection with your access and use of the Website 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 Website or any other information that the Company makes available at any time, including blog posts, data, articles, links to third-party content, discord content, news feeds, tutorials, X posts, 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. The 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 the Company owes you are those set out expressly in these Terms.

4.5.4. Telegram Bots.As a courtesy, to enhance your experience with the Service, the Company may provide access to Telegram bots that may send you notifications regarding impending deadlines, events, or account alerts (for example, potential liquidation risks). However, these notifications are provided solely for informational purposes and are not guaranteed to be accurate, timely, or complete. You should not rely solely on these messages for managing your account or avoiding liquidation.You remain fully responsible for monitoring your account and positions, and we make no warranty regarding the performance or reliability of the Telegram bot service. Notifications may fail to send at any time. Furthermore, consistent with Section 4.5.3 above, no information provided by Telegram bots should be construed as professional or investment advice.By using the Service, you acknowledge and agree that the Company has no duty or obligation to provide any additional support or assurances in connection with the Telegram bot service.

4.5.5. Our Use of Account Information. Users authorize the Company to use the account information for all purposes related to the Service, provided that such access shall be used solely for the purpose of providing the Service.

4.6. License. Subject to this Agreement, the Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own use, and solely as permitted by and in compliance with the Terms and Applicable Law. Such limited license may be revoked at any time in the Company's sole discretion. For example, the Company reserves the right to remove, reclaim, or change a username you select if the Company determines that such username is inappropriate, obscene, or otherwise objectionable.

4.7. Restrictions. Except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to this Agreement. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof. You will not use the Website or Service for any illegal purpose.

4.8. Modification. The Company reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) with or without notice to you. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof.

4.9. No Support or Maintenance. You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Website or Service.

4.10. Account Suspension. User agrees that the Company has the right to immediately pause or cancel User's access to the Website and Service if the Company suspects, in its sole discretion, that there is reason to believe or risk that (i) User's account or Wallet is being used for any illegal activity; (ii) User has engaged in fraudulent activity; or (iii) User has engaged in transactions in violation of these Terms of Use.

4.11. Affiliates. The rights, duties and/or obligations of the Company under this Agreement may be exercised and/or performed by the Company and/or any of the Company's Affiliates, or any of their subcontractors and/or agents. You agree that any claim or action arising out of or related to any act or omission of any of the Company or the Company's Affiliates, or any of their respective subcontractors or agents, related to the subject matter hereof, shall only be brought against the Company, and not against any of the Company's Affiliates, or any subcontractor or agent of the Company or any of the Company's Affiliates.

  1. PRIVACY

You agree to the Company's Privacy Policy, which is incorporated by reference into this Agreement as if it were set forth herein in its entirety. The Privacy Policy describes how the Company collects, uses, and disclose information provided by you. By using the Service, you agree to, and are bound by, the terms of the Privacy Policy.

  1. COMMUNICATION WITH USERS

You affirm that you are aware and acknowledge that the Company is a non-custodial service provider and has designed the Service and the Company Protocol to be directly accessible by the Users without any involvement or actions taken by the Company. If you choose to provide a method of communication to the Company, it is your responsibility to provide the Company with a true, accurate and complete email address and contact information, and you consent to receive any and all communications, agreements, documents, notices, and disclosures (collectively, "Communications") electronically. You understand and agree that if the information you provide is incorrect or you are otherwise unable to receive Communications, the Company will be deemed to have provided the Communications to you. You further agree that the Company may provide Communications to you by posting them on the Website, by emailing them to you at the email address you provide, if any.

  1. THIRD-PARTY LINKS, PRODUCTS AND APPLICATIONS

7.1. Third-party Sites. The Website may contain links to websites controlled or operated by persons and companies other than the Company ("Linked Sites"), including but not limited to any sites related to other projects, Twitter, Instagram, TikTok, Discord, Reddit, and Medium. Linked Sites are not under the control of the Company, and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support the Company or are identified on the Website, including any delivery of and payment for goods and services. The Company does not store any information shared with a Linked Site and is not responsible for any personally identifiable information shared with any Linked Site.

7.2. Third-party Applications. You acknowledge that your access and use of any third-party applications or software on our Website and Service, such as Know Your Customer "KYC" verification software (the "Third-Party Applications"), is at your discretion and risk, and the Company has no liability to you arising from your use of the Third-Party Applications. The Company hereby disclaims any representation, warranty, or guaranty regarding the Third-Party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-Party Applications, and you agree to indemnify and hold the Company harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-Party Applications. The Company is not responsible for any personally identifiable information shared with any Third-Party Applications.

7.3. Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, our partners or any other third party or any Third-party Links and Applications).

  1. INTELLECTUAL PROPERTY

8.1. Company Intellectual Property. User acknowledges and agrees that the Company (or, as applicable, our licensors) own all legal right, title, and interest in and to all elements of the Service. The Company logo, graphics, design, systems, methods, information, computer code, software, services, "look and feel", organization, compilation of the content, code, data, and all other elements of the Service (collectively, the "Company Materials") are owned by the Company. The Website, Service, Company Materials, and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Website or Content in any manner, except as expressly permitted by the Company in these Terms. The Website or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of the Company or the applicable owner. Except as expressly set forth herein, User's use of the Service does not grant User ownership of or any other rights with respect to any content, code, data, or other materials that User may access on or through the Service. The Company reserves all rights in and to the Company Materials not expressly granted to Users in the Terms. You may not use any Company Content to link to the Website or Content without our express written permission. You may not use framing techniques to enclose any Company Content without our express written consent. In addition, the look and feel of the Website and Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of the Company and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Notwithstanding anything to the contrary herein, you understand and agree that you shall have no ownership or other property interest in your account, and you further agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of the Company.

8.2. Non-Company Intellectual Property. Outside the Company Materials, all other trademarks, product names, logos, and similar intellectual property on the Service are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder.

8.3. User-Generated Content

8.3.1. Responsibility for User-Generated Content**.** You are solely responsible for the content of, and for any harm resulting from, any content that you post, upload, link to or otherwise make available via the Website, the Service, or any Linked Site, regardless of the form of that content ("User-Generated Content"). The Company is not responsible for any public display or misuse of User-Generated Content. The Company has the right (though not the obligation) to refuse, remove, or request the removal of any User-Generated Content that, in our sole discretion, violates any Company terms or policies.

8.3.2. Ownership of Content & Right to Post**.** If you are posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any content you post; that you will only submit content that you have the right to post; and that you will fully comply with any third-party licenses relating to content you post.

8.3.3. License Grant to Use.The Company requires the legal right to do things like host User-Generated Content, publish it, and share it. You grant the Company and our legal successors the right to store, parse, and display your content, and make incidental copies as necessary to render the Website and provide the Service.

8.3.4. Moral Rights. You retain all moral rights to the content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution.

8.3.5. Right to Use.To the extent this Agreement is not enforceable by applicable law, you grant the Company the rights it needs to use your content without attribution and to make reasonable adaptations of User-Generated Content as necessary to render the Website and provide the Service.

  1. INDEMNIFICATION

You agree to release, indemnify, and hold harmless the Company and its Affiliates, and their respective officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way related to: (a) your access to, use of, or inability to use the the Website or Service; (b) your breach of this Agreement; (c) your violation of any rights of a third party; (d) your violation of any Applicable Law; and (e) any and all financial losses you may suffer, or cause others to suffer, due to sending, receiving, and/or trading NFTs, cryptocurrencies, or other Digital Assets whether or not such transactions were made due to information learned on the Service.

  1. ASSUMPTION OF RISK

10.1. User Acknowledges the Risk of Cryptocurrency and Smart Contracts. YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND AND ARE WILLING TO ACCEPT THE RISKS ASSOCIATED WITH CRYPTOGRAPHIC SYSTEMS SUCH AS SMART CONTRACTS, PUBLIC BLOCKCHAIN NETWORKS (INCLUDING BUT NOT LIMITED TO THE HYPERLIQUID BLOCKCHAINNETWORK) AND NON-FUNGIBLE TOKENS.

10.2. The Company is Not Responsible for Technical Errors on Any Blockchain. COMPANY IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE HYPERLIQUID NETWORK OR ANY OTHER BLOCKCHAIN NETWORK COMPANY MAY INTERFACE WITH, OR THE METAMASK WALLET OR ANY SIMILAR BROWSER OR WALLET ON ANY BLOCKCHAINNETWORK INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE HYPERLIQUID NETWORK OR ANY OTHER BLOCKCHAIN NETWORK COMPANY MAY INTERFACE WITH, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.Upgrades to the Hyperliquid platform or any other blockchain network with which the Company may interface, a hard fork in any such platform, or a change in how transactions are confirmed on any such platform may have unintended, adverse effects on all related applications, including the Ecosystem.

10.3. The User Acknowledges the Risks of the Service. You acknowledge that the Service is subject to flaws and acknowledge that you are solely responsible for evaluating any information provided by the Service. This warning and others provided in this Agreement by the Company in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing or accessing the Service. The Service may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Service. You agree to accept the risk of the Service failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold the Company accountable for any related losses. The Company will not bear any liability, whatsoever, for any damage or interruptions caused by any viruses that may affect your computer or other equipment, or any phishing, spoofing or other attack.

10.4. The Company Does Not Make Any Representations Regarding the Accuracy of the Service, the Value of NFTs, Cryptocurrency, or Other Digital Assets. The Service is a novel product and the accuracy of the information contained on the Service is not guaranteed. Theprices of blockchain assets are extremely volatile. Fluctuations in the price of other Digital Assets could materially and adversely affect the value of NFTs and cryptocurrency, which may also be subject to significant price volatility. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development, potential utility, or value of NFTs and cryptocurrency. The Service, NFTs, and other Digital Assets could be impacted by one or more regulatory inquiries or regulatory action. For all of the foregoing reasons, as well as for reasons that may not presently be known to the Company, the Company makes absolutely no representations or warranties of any kind regarding the accuracy of the Service, the value of NFTs, cryptocurrency, or other Digital Assets.

10.5. User Acknowledges Financial Risk of Digital Assets. The risk of loss in trading Digital Assets can be substantial. You should, therefore, carefully consider whether such creating, buying or selling Digital Assets is suitable for you in light of your circumstances and financial resources. By using the Service, you represent that you have been, are and will be solely responsible for making your own independent appraisal. Under no circumstances shall the Company be liable in connection with your use of the Service or your performance of any Digital Asset transactions. Under no circumstances will the operation of all or any portion of the Service be deemed to create a relationship that includes the provision or tendering of investment advice. User acknowledges and agrees that the Company is not a party to any agreement or transaction between one or more Users and/or third parties involving the purchase, sale, charge, or transfer of NFTs or cryptocurrency.

10.6. User Acknowledges Risk of Beta Service. Until such time as the Company announces the official launch of the Service and these Terms are updated to reflect such launch, the Service is in "beta" or testing. This means a service, or a feature of a service, that is designated or presented to the user as alpha, beta, experimental, pilot, limited release, in development, developer preview, early access, non-production, evaluation, such that it is provided prior to general commercial release. Due to the nature of testing, the Beta Services carry inherent risks.By accepting these Terms or using the Services, you understand and acknowledge that the Beta Services are being provided on an "As Is" or "As Available" basis. The Beta Services may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, the Company is not obligated to provide any maintenance, technical, or other support for the Beta Services.

10.7. Violations by Other Users. User irrevocably releases, acquits, and forever discharges the Company and its subsidiaries, affiliates, officers, and successors for and against any and all past or future causes of action, suits, or controversies arising out of another user's violation of this Agreement.

  1. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER

11.1. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY (OR OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FINANCIAL LOSS, LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, ORINABILITY TO USE, THE WEBSITE OR THE SERVICE, CONTENT OR INFORMATION ACCESSED VIA THE WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITE, OR THE SERVICE EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE OR SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

11.2. No Warranties. ALL INFORMATION OR SERVICES PROVIDED BY THE COMPANY TO YOU VIA THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ANY THIRD-PARTY LICENSORS WITH CONTENT ON THE WEBSITE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE COMPANY FURTHER MAKES NO WARRANTY THAT THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE COMPANY, AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICE, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR THE CONTENT IS TO CEASE YOUR USE OF THE WEBSITE AND THE SERVICE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

  1. TERM AND TERMINATION

Subject to this Section, this Agreement will remain in full force and effect while you use the Service (the "Term"). The Company may suspend or terminate your rights to use the Service at any time for any reason at our sole discretion, including for any use of the Service in violation of this Agreement. All provisions of the Agreement which by their nature should survive, shall survive termination of Service, including without limitation, ownership provisions, warranty disclaimers, limitation of liability, and the agreement to arbitrate claims.

  1. GENERAL TERMS

13.1.Changes to these Terms of Use. The Company may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Company. The effective date of any Terms will be reflected in the "Last Revised" entry at the top of these Terms. Your continued use of the Website after any such change is communicated shall constitute your consent to such change(s).

13.2.Waiver. The waiver by the Company of a breach of any provision contained herein shall be in writing and shall in no way be construed as a waiver of any subsequent breach of such provision or the waiver of the provision itself.

13.3. Governing Law & Jurisdiction. The interpretation and enforcement of these Terms, and any Dispute related to these Terms or the Services, will be governed by and construed and enforced under the laws of the State of Delaware, as applicable, without regard to conflict of law rules or principles (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that Pluto Digital 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 state and federal courts located in Delaware will have exclusive jurisdiction. You waive any objection to venue in any such courts.

13.4. Dispute Resolution. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION ("ARBITRATION AGREEMENT") CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. IT IS PART OF YOUR CONTRACT WITH THE COMPANY AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES OF MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

13.4.1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement or the use of any product or service provided by the Company that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, Affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement. This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.

13.4.2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to both the physical address and Email listed below:

Address: - Sea Meadow House, PO Box 116, Road Town, Tortola, British Virgin Islands

Email: support@plutoperp.xyz

After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

13.4.3. Arbitration Procedure. Any dispute, claim, interpretation, controversy, or issues of public policy arising out of or relating to the Ecosystem, the Company Protocol, the Website, these Terms, or the Services, or the breach of this Agreement, shall be determined by arbitration administered by JAMS and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be BVI except in the case that the parties agree by mutual consent to host the arbitration outside of the BVI, in which case the seat of arbitration may be chosen by mutual agreement. The arbitration shall be governed by the laws of the State of Delaware. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.The arbitrator may grant injunctive relief, including temporary, preliminary, permanent, and mandatory injunctive relief, in order to protect the rights of each party, but will not be limited to such relief. This provision for arbitration will not preclude a Party from seeking temporary or preliminary injunctive relief ("Provisional Relief") in a court of Law while arbitration Proceedings are pending in order to protect its rights pending a final determination by the arbitrator, nor will the filing of such an action for Provisional Relief constitute waiver by a Party of its right to seek arbitration. Any Provisional Relief granted by such court will remain effective until otherwise modified by the arbitrator.

13.4.4. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

13.4.5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSEOF ANY OTHER CUSTOMER OR USER.

13.4.6. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Wallet address, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter inthe future, with the Company. Mail your written notification by certified mail to:

Pluto Digital, Ltd.

Attn: Legal Department

Address: - Sea Meadow House, PO Box 116, Road Town, Tortola, British Virgin Islands

Email: support@plutoperp.xyz

13.4.7. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

13.4.8. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, the remaining provisions of this Arbitration Agreement shall not be affected thereby and shall be binding upon the parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement.

13.4.9. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

13.4.10. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with the Company.

13.4.11. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

13.4.12. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement.

13.5. Attorneys' Fees and Costs. Pursuant to the Commercial Arbitration Rules, the arbitrators will have the authority to allocate the costs of the arbitration process among the parties, but will only have the authority to allocate attorneys' fees if a particular law permits them to do so.

13.6.Third Party Beneficiaries. Except as limited by Section 13.7, this Agreement and the rights and obligations hereunder shall bind and inure to the benefit of the parties and their successors and permitted assigns. Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties and their successors and permitted assigns, any of the rights hereunder.

13.7. Entire Agreement. This Agreement and each of its exhibits or appendices, constitute and contain the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements. Each party acknowledges and agrees that the other has not made any representations, warranties, or agreements of any kind, except as expressly set forth herein.

13.8. Severability. If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon the parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement.

13.9. Assignment. You may not assign or transfer any rights hereunder without the prior written consent of the Company. Except as provided in this section, any attempts you make to assign any of your rights or delegate any of your duties hereunder without the prior written consent of the Company shall be null and void. The Company may assign this Agreement or any rights hereunder without consent.

Contact Information. For any questions, please contact the Company at: support@plutoperp.xyz.