TERMS OF USE

Welcome to the OnchainTA transfer agent platform. Akemona TA Services, LLC, D.B.A, OnchainTA (“OnchainTA”), a Delaware limited liability corporation with a registered address at 651 N. Broad St., Suite 206, Middletown, Delaware is a transfer agent registered with the U.S. Securities and Exchange Commission (“SEC”). OnchainTA offers online transfer agent services through this transfer agent platform. By accessing the website, software, mobile app, content, and services (the “Platform”) provided through or in connection with the Platform in any manner, you become an OnchainTA user (“User” or collectively, “Users”). ONCHAINTA DOES NOT PROVIDE INVESTMENT ADVICE OF ANY KIND TO INVESTORS.

Please read this User Agreement carefully as it contains important information about your legal rights, remedies, and obligations. As a condition to using the OnchainTA Platform, you must agree to the following terms and conditions of use. If you do not agree to these terms and conditions, you should not use the Platform and exit immediately.

THIS USER AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO ONCHAINTA, THIS USER AGREEMENT, OR ONCHAINTA’S PRIVACY STATEMENT TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ARBITRATION OF ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THESE TERMS OF SERVICE ALSO INCLUDE A JURY WAIVER. MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN THE DISPUTE RESOLUTION SECTION BELOW.

User Agreement

1. This Platform is owned and maintained by Akemona Technologies, LLC, a Delaware limited liability company (“Akemona Technologies”). Akemona Technologies is a technology services provider and an affiliate of OnchainTA. By visiting our Platform at OnchainTA.com including any subdomain thereof, you acknowledge and agree to accept and adhere to the following terms and conditions as stated in this agreement (hereafter referred to as “User Agreement”), along with the terms and conditions as stated in our Privacy Policy.
   
   
2. We reserve the right to change or amend this User Agreement from time to time without notice. All changes shall be effective upon posting. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. We may terminate, suspend, change, or restrict your access to all or any part of the Platform without cause, notice, or liability.

Limitations of Use and Compliance with Laws

3. You agree to use the Platform, including without limitation, the text, data, software, photos, images, information, resources, services, products, tools, and other information (collectively the “Resources”), only for the purposes permitted by (a) the terms and conditions of this User Agreement, and (b) applicable laws, regulations, and generally accepted online practices and guidelines.
   
   
4. The Platform and related services are intended solely for Users who, if natural persons, are eighteen (18) years of age or older. Any registration by, use of, or access to the Platform by natural persons under 18 years of age is unauthorized, unlicensed, and in violation of this User Agreement. By using the Platform or any related services, you represent and warrant that, if you are a natural person, you are 18 years of age or older, and that you agree to and will abide by all the terms and conditions in this User Agreement.
   
   
5. Engaging in any activity that disrupts or interferes with the Platform or the Resources, including the servers and/or networks to which the Resources are located or connected, is strictly prohibited. Attempting to copy, duplicate, reproduce, sell, trade, or resell the Platform or the Resources, except as permitted in this User Agreement, is strictly prohibited.
   
   
6. You are responsible for maintaining security and confidentiality of your digital wallet password, secret phrase, and private key (“Credentials”). You must protect your Credentials from cybertheft. You must not share your Credentials with any other person. Neither OnchainTA nor any other party has access to your Credentials. In the event of loss of Credentials, you will lose all assets in your digital wallet. Excluding the replacement of security tokens supported by OnchainTA upon payment of a replacement fee, OnchainTA will not be liable for any loss, damage, or injury or for any direct, indirect, special, incidental, exemplary, or consequential damages arising from or related to the loss of your Credentials or errors in the use of your digital wallet.
   
   
7. The OnchainTA platform is based on blockchain technology. The Digital Security Tokens issued by and supported on the OnchainTA platform reside on a blockchain. You must independently evaluate the risks and merits of the purchase of Digital Security Tokens and bear the risks thereof. You understand that the Digital Security Tokens involve risks, all of which you fully and completely assume, including but not limited to, the risk that the technology associated with the OnchainTA platform will not function as intended.
   
   
8. THE ONCHAINTA PLATFORM USER ASSUMES ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF ANY CRYPTOGRAPHIC SOFTWARE OR DIGITAL SECURITY TOKENS AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY ONCHAINTA OR ITS AFFILIATES, BY WAY OF TECHNICAL ADVICE OR OTHERWISE, RELAED TO THE USE OF THE CRYPTOGRAPHIC SOFTWARE OR DIGITAL SECURITY TOKENS.
   
   
9. If a public blockchain used by security tokens supported by OnchainTA platform is split or forked into two or more branches, OnchainTA will, in its sole discretion, decide which branch of the blockchain it will use. Any investment commitment tokens issued by OnchainTA will be valid only on the branch of the blockchain which OnchainTA decides to use. Excluding the replacement of investment commitment tokens, OnchainTA will not be liable for any loss, damage, or injury or for any direct, indirect, special, incidental, exemplary, or consequential damages arising from or related to a split of the blockchain.

Consent to Doing Business Electronically (Affirmative Consent)

10. The U.S. Electronic Signatures in Global and National Commerce Act (“ESIGN”) and Uniform Electronic Transactions Act (“UETA”), authorize the creation of legally binding and enforceable agreements utilizing electronic records and signatures. ESIGN and UETA require businesses that want to use electronic records or signatures in consumer transactions to obtain the consumer’s consent to receive information electronically.
    
    
11. OnchainTA operates principally on the Internet, therefore you will need to consent to receive communications and transact business with OnchainTA online and electronically. This section informs you of your rights when receiving notices, disclosures, documents, reviews, analyses, information, communications, or other materials (collectively “Communications”) from us electronically. By accessing this Platform, you certify that you understand the requirements stated herein and consent to transact business electronically. You hereby agree that we may, at our sole discretion, deliver all Communications concerning you, your business, or OnchainTA, including, without limitation, information, required or permitted to be provided to you and/or your business under this User Agreement or any other agreement between you and/or your business and OnchainTA by means of email, posting on the Platform, or other means of electronic communication. You will keep us informed of any change in your or your business’s email so that you can continue to receive all Communications promptly.
    
    
12. Your use of electronic signatures to sign documents legally binds you in the same manner as if you had manually signed such documents. The use of electronic versions of the documents fully satisfies any requirement that such documents be provided to you in writing.

Withdrawing Consent

13. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. However, you acknowledge that we may continue to deliver Communications electronically to you after you withdraw consent that are either 1) relevant to our concluding any transactions that occurred while you were a User, or 2) required by law. Because we operate as an online platform, if you withdraw your consent while you or your business has a service agreement, we reserve the right to terminate that service agreement. YOU ACKNOWLEDGE THAT IF YOU WITHDRAW YOUR CONSENT TO RECEIVE COMMUNICATIONS ELECTRONICALLY FROM ONCHAINTA, WE WILL NOT BE ABLE TO SERVE YOU SUBSEQUENT TO THE WITHDRAWAL OF YOUR CONSENT. The withdrawal of your consent will not affect the legal validity and enforceability of any business transacted between us prior to the time you withdrew your consent, including this User Agreement or any other agreements. We may discontinue providing electronic Communications at any time in our sole discretion.

How to Contact Us Regarding Electronic Communications

14. You can contact us via email at [email protected]

Hardware/Software Requirements

15. Before you decide to do business electronically with us, you should consider whether you have the following required hardware and software capabilities. To access and retain the Communications electronically, you will need to use a desktop, laptop computer, or a similar device with an internet connection, a mobile phone for receiving SMS messages, latest versions of Google Chrome browser, MetaMask or another Platform-compatible digital wallet, a valid email address and an ability to save electronic Communications to your personal computer. You acknowledge that you can receive, and access electronic Communications provided on the OnchainTA Platform, through email, SMS and portable document format (PDF).

Consent to be Contacted

16. You hereby expressly consent to be contacted by us in any way, including SMS/text messages, emails, phone calls and voice messages at the telephone number you provided on this Platform, any other number subsequently provided by you, or any number at which we reasonably believe we can reach you. You consent to receive SMS messages (including text messages), emails, calls and voice messages from us, our agents, representatives, affiliates, or anyone on our behalf, for any purpose in connection with this Platform, or your investment. You represent that you are the owner or authorized user of any email address and telephone number you provide. You represent that you are permitted to receive emails, SMS/text, calls and/or voice messages at each of the email addresses and telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular email address or telephone number.
    
    
17. You understand and acknowledge that your carrier may charge fees for communications via SMS/text messaging, Internet, or telephone. Any and all fees are your sole responsibility.

User Registration

18. You may access and browse the Platform generally without registering with the Platform. To register with the Platform as an investor or an issuer, you will be required to provide certain information about yourself and/or your business (including information about your identity, finances, and business performance) as part of the registration process. You agree that any information you provide will be accurate, correct, and up to date. If you are accessing the Platform and/or using the Platform on behalf of an entity, such as your employer or a company you work for or control, you warrant and represent that you have the legal authority to bind that entity to this User Agreement. You are solely responsible for updating any and all pertinent registration information. Failure to do so shall constitute a breach of this User Agreement, which may result in immediate termination of your registration with the Platform. You will also choose a password and a username. OnchainTA reserves the right in its sole discretion to refuse registration of or cancel a username and a domain name.
    
    
19. OnchainTA or its representatives will never ask you for your password. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access the Platform (your “Profile”). Accordingly, you are responsible for all activities that occur under your account. You agree to notify OnchainTA immediately in writing of any unauthorized use of your Profile or any other breach of security. You will not share your password, let anyone else access your Profile, or do anything that might jeopardize the security of your Profile. You will not transfer your Profile to anyone without first getting our written permission. Accessing (or attempting to access) any of the Platform or the Resources by any means other than through the means we provide, is strictly prohibited, and you agree not to access (or attempt to access) the Platform or the Resources through any automated or unconventional means without our written consent. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you.
    
    
20. You agree and understand that your disclosure of login information to third parties may negate our user authentication measures and allow unauthorized access to your OnchainTA account. You agree that we cannot be held liable for unauthorized access or other loss resulting from your disclosure or other transmission, whether intentional or inadvertent, of your login information to third parties. You agree and understand that you are solely responsible (and you will not hold us responsible) for managing and maintaining the security of your login credentials.
    
    
21. You agree that your Profile is self-directed and that you are solely responsible for all purchases, orders, investment decisions and instructions placed in your Profile. Although the Platform may present data, information or content provided by third-parties, affiliated entities or OnchainTA relating to investment strategies and/or opportunities to buy and/or sell securities, you should not interpret any such content as tax, legal, financial, or investment advice or a recommendation by us to invest in any offering posted on the Platform. Any decision to invest shall be based solely on your own consideration and analysis of the risks involving a particular offering and is made at your own risk. You acknowledge and agree that you are solely responsible for determining the suitability of an investment or strategy and accept the risks associated with such decisions, which include the risk of losing the entire amount of your principal. We have no special relationship with or fiduciary duty to you and your use of the Platform and the Resources does not create such a relationship. You agree and acknowledge that you are responsible for conducting your own legal, accounting, and other due diligence review of the investment opportunities posed on the Platform. You are strongly advised to consult a licensed legal professional and investment advisor for any legal, tax, insurance, or investment advice as the Platform does not provide any of the foregoing advice or recommendations.
    
    

Securities

22. The securities offered on the Platform are only suitable for prospective investors who are familiar with and willing to accept the high risks associated with private investments, including the risk of complete loss of your investment. Such securities are not publicly traded and, therefore, are illiquid. Securities will be subject to restrictions on resale or transfer including a holding period requirement of one year.
    
    
23. The securities offered on the Platform have not been registered under the Securities Act. Users must read each Issuer’s offering memorandum and disclosures for more information and discuss any questions with each Issuer directly prior to investing. No governmental agency has reviewed the offerings posted on this Platform and no state or federal agency has passed upon either the adequacy of the disclosure contained herein or fairness of the terms of any offering. The exceptions relied upon for such offerings are significantly dependent upon the accuracy of the representations of the Issuers in connection with an offering on the Platform. If any such representations prove to be untrue, the registration exemptions relied upon by an Issuer in selling the securities might not be available and substantial liability to such issuer would result under applicable securities laws for rescission or damages.

Introduction to Electronic Funds Transfers

24. OnchainTA processes Electronic Funds Transfers (EFTs) as an efficient method to receive electronic deposits from investors, to purchase and redeem investments and to issue refunds to investors. EFTs are processed through the vehicles described below:
    • Stablecoins, like, USDC and USDT
    • The Automated Clearing House (ACH)
    • The Fedwire
    • Credit Card

Electronic Funds Transfers Agreement and Disclosure

25. You accept under this section Electronic Funds Transfers Agreement and Disclosure, which is the contract which covers you and OnchainTA’s rights and responsibilities concerning the EFT services offered to you. In this section, the words “you,” “your,” and “yours” mean an individual who signs up on the Platform and utilizes the Platform to participate in offerings (and any authorized users). EFTs are electronically initiated transfers of money from your bank account or credit card account, which you utilize the Platform to initiate, and which allow you to participate in the offerings on the Platform. By using any service on this Platform, you agree to the terms and conditions in this section and any amendments for the EFT services offered.
    
    
26. To use the functionality of the Platform, you authorize OnchainTA to share your identity, bank account data, credit card account data, and digital wallet public address with the Contracted Electronic Payment Processors, CEPP hereinafter, for the purpose of processing your EFTs. You are responsible for the accuracy and completeness of that data. You understand that you will access and are responsible for managing your bank account data and credit card account data through the Platform. You also authorize OnchainTA and the CEPP to process EFTs as you direct through the Platform. You acknowledge that neither CEPP nor OnchainTA will be liable for any loss, expense or cost arising out of EFT services provided through your use of the Platform, which are based on your instruction; CEPP are third party beneficiaries to the agreement in this section.

User Conduct Guidelines

27. OnchainTA grants you a limited, revocable, non-exclusive, non-transferable license to view, copy and print content on the Platform. You agree not to modify, damage, disrupt, disable, overburden, impair, alter, or interfere with the use, features, functions, operations, security or maintenance of the Platform or use and enjoyment of the Platform by another person or entity in any manner.

User Disputes

28. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

Privacy

29. Your privacy is very important to us, which is why we have created a separate Privacy Policy to explain how we collect, manage, process, secure, and store your private information. Your acceptance of this User Agreement denotes that you have reviewed and agreed to our Privacy Policy.

Third-Party Sites

30. The Platform may contain links to third party websites (“Third-Party Website”). These links are provided only as a convenience to you. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, verification or monitoring by OnchainTA of any information, materials, products, or services contained in or accessible through any Third-Party Website. In no event shall OnchainTA be responsible for information, material, products or services contained in or accessible through any Third-Party Website. You agree that access and use of Third- Party Websites, including the information, material, products and services on the Third-Party Websites or available through the Third-Party Websites, is solely at your own risk and discretion.

Intellectual Property

31. All content, images, names, text, programs, graphic, and other materials found or displayed on the Platform (“Materials”) are the sole property of OnchainTA, its subsidiaries or affiliates, or third-party content providers with whom OnchainTA has a relationship. OnchainTA reserves all rights related to the Materials. The use of the Materials outside or beyond your permitted use of the Platform is strictly prohibited without the express written consent of OnchainTA.

U.S. Jurisdiction

32. If you are located outside of the United States, you use or access the Platform solely at your own risk and initiative. The Platform is controlled and operated from facilities within the United States. OnchainTA makes no representation that the Platform is appropriate or available for use in any other jurisdictions. Accessing the Platform is prohibited from territories where the content on the Platform is prohibited. Securities offerings are only directed at, or intended for purchase or investment by investors in jurisdictions that permit general solicitation of unregistered securities.
    
    
33. You acknowledge and agree that it is solely your responsibility to be aware of the applicable laws and regulations of your country of residence. The content, material, information and the securities offered on the Platform do not constitute an offer or solicitation and may not be treated as an offer or solicitation (i) in any jurisdiction where such an offer or solicitation is against the law, (ii) to anyone to whom it is unlawful to make such an offer or solicitation and (iii) if the person making the offer or solicitation is not qualified to do so.

Indemnification

34. You agree to indemnify and hold harmless OnchainTA and each of their directors, officers, managers, employees and agents from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement, your use of the Platform or the Resources, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Limitation of Warranties

35. THE PLATFORM AND RESOURCES MAY CONTAIN TECHNICAL ERRORS, TYPOGRAPHICAL MISTAKES, OR OTHER INACCURACIES. ONCHAINTA DOES NOT UNDERTAKE THE RESPONSIBILITY TO UPDATE OR AMEND THE PLATFORM OR THE RESOURCES OR TO PROVIDE SUPPORT FOR YOUR USE OF THE PLATFORM OR THE RESOURCES. UNLESS OTHERWISE EXPRESSED, THE PLATFORM AND THE RESOURCES ARE PROVIDED AS-IS, WITHOUT ANY WARRANTY AND ONCHAINTA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY WARRANTY THAT THE PLATFORM OR THE RESOURCES ARE ACCURATE, ADEQUATE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Furthermore, you understand and agree that:

1. any content downloaded or otherwise obtained through the use of the Platform or the Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content; and
2. no information or advice, whether expressed, implied, oral, or written, obtained by you from OnchainTA or their representatives or through the Platform or the Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

36. UNDER NO CIRCUMSTANCES WILL ONCHAINTA OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE PLATFORM, THE RESOURCES, OR ANY THIRD-PARTY WEBSITE TO WHICH THIS PLATFORM IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF ONCHAINTA OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. NEITHER ONCHAINTA NOR ITS REPRESENTATIVES ARE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS PLATFORM IS TO STOP USING THE PLATFORM. IF YOUR USE OF MATERIALS FROM THIS PLATFORM RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT ONCHAINTA AND ITS REPRESENTATIVES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE PLATFORM.

Other Agreements

37. In addition to this User Agreement, you may enter into other agreements with us that will govern your use of the Platform or the Resources. If there is any contradiction or conflict between this User Agreement and another agreement you enter into with us applicable to the Platform or the Resources, the other agreement shall take precedence in relation to the specific aspects of the Platform or the Resources.

Severability

38. If any part, term, or provision of this User Agreement is held to be illegal, in conflict with any law, or otherwise invalid, the remaining portion or portions shall be considered severable and will not be affected, and the rights and obligations of the parties shall be construed and enforced as if this User Agreement did not contain the particular part, term, or provision held to be illegal or invalid.

Termination of Use

39. You agree that we may, at our sole discretion, limit, suspend, or terminate your access to all or part of the Platform and the Resources without notice and cause. Any suspected illegal, fraudulent, or abusive activity is also grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination of this User Agreement, your right to access or use the Platform and the Resources will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Headings and Section References

40. The headings of the articles and sections in this User Agreement are for reference purposes only and shall not be deemed to have any substantive effect.

Digital Millennium Copyright Act (“DMCA”) Notice

41. If you or any user of our Platform believes that its copyright rights have been infringed by our Platform, the copyright owner should send notification to our Designated Agent, as identified below, immediately. OnchainTA’s Designated Agent for notice of claims of copyright infringements can be contacted at the email below:
    Email: [email protected]
    

42. You acknowledge, accept, and agree that if we receive a notice of a claim of copyright infringement, we may immediately remove the identified material from our Platform without liability to you or any other party and that the claims of the copyright owner will be referred to the United States Copyright Office for adjudication as provided under the DMCA.

Governing Law

43. This User Agreement shall be construed and governed in accordance with the laws of the State of Delaware excluding conflicts of law provisions. Any action relating to this User Agreement shall be brought in the federal or state courts located in the City and County of Dover, Kent County, Delaware USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Dispute Resolution

44. Most concerns can be resolved quickly by contacting OnchainTA. If we are unable to resolve a complaint you may have to your satisfaction or if OnchainTA has not been able to resolve a dispute it has with you after attempting to do so informally, then we each agree to resolve those disputes through binding arbitration or small claims court, instead of in courts of general jurisdiction.
    
    
45. Any claims arising out of or relating to this agreement, including its formation, enforceability, performance, or breach (each, a “Claim”) where the total amount in controversy is less than US$10,000, shall be resolved via binding arbitration initiated through the American Arbitration Association (“AAA”). The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at https://adr.org or by calling the AAA at 1-800-778-7879. AAA and the parties must comply with the following rules: (a) if either party requests an in-person hearing the process shall be governed by subsection (c) below, otherwise, the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall be conducted by an arbitrator in Kent County, Delaware who is approved or otherwise affiliated with the AAA; (c) if either party requests an in-person hearing, (i) the arbitrator shall decide whether a hearing is necessary or whether the arbitration shall proceed as described in subsection (a) above, (ii) if the arbitrator deems that a hearing is necessary, the hearing shall occur at a mutually agreed upon location, or, if the parties are unable to agree on a location, at a location that is reasonably convenient to you and is selected by the arbitrator, and (iii) either party may elect to participate in an in-person hearing by phone, unless the arbitrator decides otherwise; (d) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; (e) unless otherwise mutually agreed by the parties in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding; and (f) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If subparagraph (e) above is found to be unenforceable, then the entirety of this Mandatory Arbitration provision shall be null and void. Only a court and not the arbitrator can decide issues relating to the scope and enforceability of this “Dispute Resolution” section. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ONCHAINTA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION. Notwithstanding the foregoing, either party may bring an individual action in small claims court in Kent County, Delaware.
    
    
46. Any Claims you bring against us must be resolved in accordance with this “Dispute Resolution” section. All Claims filed or brought contrary to this “Dispute Resolution” section shall be considered improperly filed and void. Should you file a Claim contrary to this “Dispute Resolution” section, we may recover attorneys’ fees and costs up to $1,000, provided that we have notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.

Assignability

47. You may not assign your rights and responsibilities under this User Agreement. OnchainTA may assign its rights at any time to (a) a subsidiary or affiliate or (b) an entity that acquires all or substantially all of the business or assets of OnchainTA, whether by merger, reorganization, acquisition, sale, or otherwise. Any purported assignment in violation of this Section shall be null and void.

Contact Information

48. If you have questions regarding this User Agreement or the Platform, please contact us by e-mail at [email protected].