1. Introduction

By accessing this website (https://shido.io/) or any other portion of the website-hosted user interface as well as any other media form, media channel, or mobile website related, linked, or otherwise connected thereto (collectively the “Site”), you are agreeing to these Terms of Service (as amended from time to time, the “Terms of Service”) between you (“you” or “your”) and the Shido Network (“Shido” “we,” “us,” or “our”).

These Terms of Service govern your use of the Site, which DOES NOT INCLUDE the Shido Network (or “Chain” as defined in the Critical Notice you accept as part of these Terms of Service, available at https://shido.io/criticalnotice/ or the blockchain-based protocols of the underlying Shido Network (which Shido does not own, operate, or control), but which DOES INCLUDE, the software and internet-based information, services, and features (and related communications) available through, but not limited to, each of the following:

• Our website at https://shido.io/ or any subdomain thereof controlled by us;

• The ecosystem landing page at: https://shido.io/ecosystem/;

• Our newsroom at https://www.shido.news/news;

• Our blockchain explorer and validator interface available at https://shidoscan.com/ and https://shidoscan.com/validators;

• Any wallet you may access as part of Shido’s progressive web application, or as otherwise made accessible, at https://shido.io/wallet/;

• The interface and, when applicable, services available at https://shido.io/dex/, https://shido.io/shido-defi-card/, and https://shidomarket.com/; and

• Other communication by us on infrastructure not operated by us including accounts on social media platforms (such as X (formerly known as Twitter), Facebook, YouTube, Medium and the like) and communication tools (such as Discord and Telegram) and other public forums moderated by us and commonly referred to as “Social Media”.

These Terms of Service and any terms and conditions incorporated herein by reference (collectively, the “Terms”) govern your access to and use of the Site. You must read the Terms carefully.

If you are accessing or using the Site on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms and, in that case, “you”, “your” or “user(s)” will refer to that entity.

By accessing, browsing or otherwise using the Site, or by acknowledging agreement to the Terms on the Site, you agree that you have read, understood and accepted all of the Terms and the Privacy Policy (the “Privacy Policy”), which is incorporated by reference into the Terms.

IMPORTANT NOTE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS BY USING OR ACCESSING THE SITE, YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND SHIDO THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT AND YOU AGREE TO A CLASS ACTION WAIVER, BOTH OF WHICH IMPACT YOUR RIGHTS AS TO HOW DISPUTES ARE RESOLVED.

2. Services

2. 1. The Chain

Initially we wish to highlight that Shido has no control once again over the operation of the Chain and offers no warranties in relation to its use, and your use of the Chain is not governed by these Terms of Service. The Chain forms a decentralized, permissionless distributed ledger technology ecosystem with no single source of truth or central authority or point of control. By accepting these Terms of Service, you represent that you understand and accept this disclaimer and the disclosures provided in the Critical Notice relevant to your use of the Chain. You should reference the Critical Notice (available at https://shido.io/criticalnotice/) for further details before using the Chain or interacting with any decentralized applications (“dApps”) running on the Chain. Shido is not responsible for any action in which you might engage using the Chain, or for any actions of unauthorized users of any account or credentials belonging to you to access any part of the Site, and Shido expressly disclaims and all corresponding liability.

2. 2. Products and Features

The main purpose of the Site is to provide you with access to the operations in the Shido space. We only provide the Site and software but have no control over your blockchain interactions and do not endorse any specific actions. All the transactions occur on a blockchain which is a distributed ledger with growing lists of records (blocks) that are securely linked together via cryptographic hashes (“Blockchain Networks”) that we do not own, control, or operate.

We are not responsible for the services provided by third parties, the execution of the transactions, or any other actions of such third parties. We reserve the right to make changes to the Site, including adding, modifying, or discontinuing products or features.

The Site integrates decentralized protocols (“Protocol”) and offers you access to numerous liquidity sources across Shido, and, from time to time, other blockchains. The Site may include other products and/or features added for the purposes of user experience development and improvement, including those for the informational, security, and entertainment purposes, which are not intended to affect the purpose of the Site described above.

We only provide you with access to the relevant Site and software and neither have control over your interactions with the blockchain nor encourage you to perform any. Any interaction performed by you via the Site remains your sole responsibility.

2. 3. Blockchain Networks Transactions

All transactions with cryptocurrency, digital tokens or digital assets (“Virtual Currency”) must be confirmed and recorded in the associated public blockchain. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate. We have no control over the Blockchain Networks and, therefore, cannot and do not ensure that any transaction details that you submit via the Site will be confirmed and processed.

By using the Site, you acknowledge and agree that the transaction details you submit may not be completed, or may be substantially delayed, by the Blockchain Networks.

Please be advised that we do not store, transfer, transmit, convert, broker, hold, escrow, mint, mine, or otherwise interact with any Virtual Currency, security, financial instrument, or other digital or physical asset and all the interactions are performed on the third-party platforms, subject to any associated third-party terms. Any transfer that occurs in any Virtual Currency occurs on the Blockchain Network and not on a network owned by us. We therefore do not guarantee that we can affect the transfer of title or right in any Virtual Currency.

You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any Virtual Currency transaction initiated via the Site. We strongly encourage you to review your transaction details carefully before attempting to transfer a Virtual Currency.

Completion of transactions that you instruct for through the Site also depends on the availability and operation of the Blockchain Networks. Errors or forks in the Blockchain Networks may cause transactions that you initiate through the Site to fail. This may mean that the transaction you were originally intending to perform will no longer be available. Unfortunately, due to the decentralized nature of the Blockchain Networks, there is no one single point of failure, and so neither we nor any party will be responsible to you for errors or any losses that you suffer as a result.

2. 4. Services by Third Parties

To operate the Site and facilitate your access to its products and/or features, we may engage third-party providers and/or third-party API, which Shido has no direct or indirect control over (“Third-Party Services”).

Please note that the Third-Party Services are governed by their respective terms and conditions. Such terms and conditions may include separate fees and charges, as well as disclaimers and/or risk warnings on the accuracy of the information or the services of such a provider. These terms may also include a privacy policy that differs from the Privacy Policy that is incorporated by reference herein. It is your sole responsibility to read carefully and make sure that you understand those Third-Party Services terms and conditions, including how those service providers may use your information according to their respective privacy policies.

You agree and understand that the functionalities accessible via the Site, for example the functionality that allows you to swap Virtual Currencies, are not provided directly by us and are the only responsibility of the third-party providers, including respective active third-party providers.

Even if we facilitate your access to these Third-Party Services, we are by no means responsible for them and take no part in any actions, transactions, or other activities conducted by such providers. We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on the use of any Third-Party Service at any time without notice.

By accepting these Terms, you hereby acknowledge that the functionalities accessible via the Third-Party Services are the sole responsibility of such Third-Party Services providers.

Furthermore, you hereby expressly release Shido from any liability arising from use of any Third-Party Services, third-party website, service, or content and any resulting harm, loss, or damage.

2. 5. Changes and Additional Terms

We reserve the right in our sole and absolute discretion to make changes to how we operate the products and/or features accessible through the Site, including adding new products, features, functionalities, modifying existing ones, altering any other aspect of the Site, or temporarily or permanently suspending, discontinuing, or terminating your access to any or all portions of the Site’s functionality, provided that such modifications or discontinuations will not affect your access to your assets (if applicable), unless there are exceptional circumstances where doing so would (a) pose information security risks or intellectual property issues for Shido or other users; or (b) create other unwarranted risks, including violations of law.

Certain products accessible through the Site, including related applications, may be subject to additional terms. Such additional terms are an integral part to these Terms of Service. However, in the event of a conflict, the provisions of any such special terms or other agreement shall prevail.

3. Site Eligibility

Our Site is under NO circumstances offered to persons or entities who reside in, are citizens of, are incorporated in, or have a registered office in the United States of America or any Prohibited Jurisdictions, namely Restricted Persons, as defined below. We do not make exceptions. If you are a Restricted Person, then do not attempt to access or use the Site. Use of a virtual private network (e.g., a VPN) or other means by Restricted Persons to access or use the Site is prohibited and you may face liability.

By using the Site, you understand and confirm that you (a) are at least 18; (b) don’t break any laws of your jurisdiction by using the Site; (c) are not located, established or registered in any of the jurisdictions enlisted below titled “Prohibited Jurisdictions”, and (d) are not a “Restricted Person” as defined below.

Please be advised that you may not use the Site if you are otherwise barred from using the Site under applicable law. You are also solely responsible for adhering to all laws and regulations applicable to you and your use or access to the Site. Your use of the Site is prohibited by and otherwise violate or facilitate the violation of any applicable laws or regulations or contribute to or facilitate any illegal activity.

By using or accessing the Site, you represent to us that you are not subject to the Sanction Lists, and you are not a Restricted Person, as defined below. “Sanction Lists” means any sanctions designations listed on economic/trade embargo lists and/or specially designated persons/blocked persons lists published by the international organisations, as well as any state and governmental authorities of any jurisdiction, including, but not limited to the lists of United Nations, European Union and its Member States, United States and United Kingdom sanctions lists.

We make no representations or warranties that the information, products, or services provided through our Site, are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Site in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Site to any person, geographic area, or jurisdiction, at any time and at our sole and absolute discretion.

Regarding Prohibited Jurisdictions, Shido does not interact with digital wallets located in, established in, or a resident of Barbados, Bulgaria, Burkina Faso, Cameroon, Cuba, Crimea and Sevastopol, Croatia, Democratic Republic of Congo, Democratic People’s Republic of Korea, Gibraltar, Haiti, Iran, Iraq, Jamaica, Libya, the so-called Luhansk People’s Republic, Mali, Myanmar, Mozambique, Nigeria, Philippines, Senegal, Somalia, South Africa, South Sudan, Syria, Tanzania, Türkiye, Uganda, United Arab Emirates, United States of America, Vietnam, Yemen, Zimbabwe or any other state, country or region that is included in the Sanction Lists.

You must not use any software or networking techniques, including use of a Virtual Private Network (VPN) to modify your internet protocol address or otherwise circumvent or attempt to circumvent this prohibition.

Shido does not interact with digital wallets, which have been previously classified or otherwise identified by international organizations or any state and governmental authorities of any jurisdiction, as belonging or affiliated with the persons specially designated or otherwise included in the Sanction Lists (“Restricted Persons”). For the purposes of these Terms, Restricted Persons shall also include all persons or entities who reside in, are citizens of, are incorporated in, or have a registered office in the Prohibited Jurisdictions.

Per the above, our Site may include Third-Party Services. Your interaction with and use of the Third-Party Services is governed by the respective terms and conditions of the third-party providers, including but not limited to their eligibility requirements, restrictions on certain Jurisdictions, restricted persons or any other eligibility-related terms. As a result, based on those terms set by the third-party providers, your access to certain products and/or features of the Site may be restricted by those providers. Please note that we only facilitate your interaction with these Third-Party Services and we bear no liability for any such restrictions thereof. It is your own responsibility to review those terms and conditions, and ensure that you meet the requirements set forth therein.

By accepting these Terms, you agree not to access the Site using any technology for the purposes of circumventing these Terms.

4. Access to Site

The Site undergoes continuous changes, and you may observe features appearing and disappearing as we strive to enhance our user experience and services. We retain the right to disable access to the Site at any time in the event of any breach of the Terms. This includes, without limitation, if, in our sole discretion, we believe that you, at any time, fail to meet the eligibility requirements outlined in the Terms.

Additionally, we reserve the right to limit or restrict access to the Site for any person or entity, or within any geographic area or legal jurisdiction, at any time and at our sole discretion. We assume no liability for any losses or damages you may incur due to the Site being inaccessible to you at any time or for any reason.

5. Compliance

5. 1. Your Obligations

You expressly acknowledge and agree that you assume all risks associated with your access to and utilization of the Site. Furthermore, you expressly waive and release us from any and all liability, claims, causes of action, or damages that may arise from or be related to your access to and use of the Site.

The Site’s availability or suitability for use may vary across jurisdictions. By accessing or utilizing the Site, you affirm that you are solely and entirely responsible for complying with all applicable laws and regulations. You also agree that we are under no obligation to inform you of potential liabilities or law or regulation violations arising from your Site access and usage. We bear no liability for any failure on your part to comply with applicable laws or regulations.

5. 2. Compliance Checks

To maintain a secure and compliant environment within the Shido Network, certain products and/or features accessible through the Site may only be available to you upon completing a verification process. This verification entails submitting an identifying Know Your Client (KYC) / Know Your Business (KYB) questionnaire (“KYC/KYB Checks”) as required by relevant anti-money laundering, anti-terrorist financing, fraud prevention, and sanctions laws and regulations. Shido reserves the right to designate the KYC/KYB Checks to a third-party provider at its sole discretion. You commit to promptly providing all required information, including supporting documentation and other evidence, to the selected third-party provider. You are solely responsible for the accuracy and completeness of the provided data. The outcome of the KYC/KYB Checks is at the sole discretion of the third-party provider.

Upon successful completion of the KYC/KYB Checks, you will gain access to the relevant products and/or features on the Site. Refusal or denial of providing requested information to the third-party provider may result in restricted access to the respective Site products and/or features. You acknowledge that the information requested for the KYC/KYB Checks may change over time, and additional documents and/or information may be required later. The data collected is for compliance with legal and regulatory obligations to verify your identity and determine your legal eligibility. This data is securely maintained and disclosed only when permitted by law. Refer to our Privacy Policy for more information on how your personal data is processed.

6. Risk Assessment

6. 1. General

We may utilize publicly available information, along with Third-Party Services, for evaluating the risks linked to illicit or non-compliant activities, phishing, or other potential threats.

In summary, you acknowledge and agree that risk assessment may be conducted through Third-Party Services to monitor wallet addresses and/or other content for non-compliant behavior based on publicly available information. We retain the right to block or restrict access to the wallet address associated with such illicit activity. We bear no liability for such assessment, restriction, results, or accuracy of the Third-Party Services.

6. 2. Risk and Compliance Assessment

Shido reserves the right, without obligation, to use publicly available and accessible information and enlist third-party providers to monitor and assess your and/or other users’ wallet addresses, third-party links, domain names, Virtual Currencies, smart contracts, and any other content available via the Site for the risks of money laundering, terrorism financing, fraud, and/or any other illicit or non-compliant activities. No additional personal data is collected for such compliance assessment. You recognize and understand that the compliance assessment results are at the sole discretion of the third-party provider. Shido has no control over or affiliation with these Third-Party Services, and therefore, Shido is not and cannot be responsible for the accuracy of the information or the services of such providers. These Third-Party Services are governed by their respective terms of use; please read them carefully.

Shido reserves the right, without obligation, to provide respective warnings to you. You hereby acknowledge that Shido has no responsibility and shall not be held liable for such assessment, restriction, results, or accuracy thereof. You are solely responsible for the final decision regarding the applicability and fitness of such risk assessments. Shido reserves the right, without obligation, to block or restrict any activity on the Site associated with any illicit and/or non-compliant activities. If you believe you or your wallet address has been erroneously blocked or restricted from using the Site, please contact us at: [email protected].

6. 3. Phishing Alerts

We may occasionally furnish phishing and other potential risk alerts through the Site. These risk alerts are provided for informational purposes only, and we make no representations or warranties regarding their accuracy, completeness, or reliability. You are solely responsible for the final decision regarding the applicability and fitness of such alerts. You acknowledge and agree that risk alerts are provided on an “as-is” basis, without any warranties or guarantees, and that you assume all associated risks. Shido has no responsibility and shall not be held liable for any claims, damages, or losses arising from or in any way relating to such alerts.

7. Your Use of the Site

By using or accessing the Site, you affirm and warrant that you understand the inherent risks associated with Virtual Currency and underlying technologies, including cryptography and blockchain. You agree that Shido is not responsible for any losses or damages associated with these risks. Specifically, you acknowledge that the Site facilitates your interaction with decentralized networks and technology, and we have no control over any blockchain or Virtual Currencies. We cannot ensure that your interactions will be confirmed on the relevant blockchain and do not have the ability to effectuate any cancellation or modification requests regarding your interactions.

In acknowledgment of the following:

• Pricing information on the Site does not constitute an offer, solicitation, or advice to enter into a transaction.

• The Site does not act as an agent for any users.

• The Site does not own or control the underlying software of blockchain networks and is not responsible for their operation.

• You are solely responsible for reporting and paying taxes applicable to your use of the Site.

• The Site, while intended to provide accurate information, may not always be entirely accurate, complete, or current.

To ensure a positive experience for all users, you agree not to use the Site in a manner that breaches the Terms or violates any intellectual property rights, interferes with the integrity or security of information technology systems, seeks to obtain private information from other users, engages in fraudulent activities, violates trading market integrity laws, disguises IP addresses, supports criminal or fraudulent activity, or facilitates any prohibited activities.

All information provided in connection with your access and use of the Site is for informational purposes only and should not be construed as professional advice. Before making any decisions involving the Site, seek independent professional advice. The Terms do not create fiduciary duties; any such duties are disclaimed, waived, and eliminated to the fullest extent permitted by law. The only duties and obligations owed to you are those expressly set forth in the Terms.

8. DISCLAIMERS (NO WARRANTIES)

You understand and agree that the GitHub repository, decentralized and autonomous protocol and environment, and associated decentralized networks, are not controlled by Shido. We do not have access to your private key and cannot initiate an interaction with your Virtual Currency or otherwise access your Virtual Currency. We are not responsible for any activities that you engage in when using your wallet, or the Site.

Shido cannot and does not represent or guarantee that any of the information available through the Site is accurate, reliable, current, complete or appropriate for your needs. The information displayed through the Site including information about prices, liquidity, staking or other is provided by third parties and/or calculated for informational purposes. Your use of any third-party scripts, indicators, ideas and other content is at your sole risk.

You hereby expressly understand and agree that your use of the Site is at your sole risk. We make and expressly disclaim all representations and warranties, express, implied or statutory, and with respect to the Site and the code proprietary or open-source, we specifically do not represent and warrant and expressly disclaim any representation or warranty, express, implied or statutory, including without limitation, any representations or warranties of title, non-infringement, merchantability, usage, security, suitability or fitness for any particular purpose, or as to the workmanship or technical coding thereof, or the absence of any defects therein, whether latent or patent. We do not represent or warrant that the Site, code and any related information are accurate, complete, reliable, current or error-free. The Site provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.

You acknowledge that no advice, information, or statement that we make should be treated as creating any warranty concerning the Site. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Site.

You acknowledge that Shido is not responsible for transferring, safeguarding, or maintaining your private keys or any Virtual Currency associated therewith. If you lose, mishandle or have stolen associated Virtual Currency private keys, you acknowledge that you may not be able to recover associated Virtual Currency and that Shido is not responsible for such loss.

You acknowledge that Shido is not responsible for any loss, damage or liability arising from your failure to comply with the terms hereunder.

By accessing and using the Site, you represent that you understand (a) the Site facilitates access to the Protocol, the use of which has many inherent risks, and (b) the cryptographic and blockchain-based systems have inherent risks to which you are exposed when using the Site. You further represent that you have a working knowledge of the usage and intricacies of blockchain-based digital assets, including, without limitation, the ERC-20 token standard available on the Chain, Ethereum, Ethereum layer 2 solutions or other blockchain networks. You further understand that the markets for these blockchain-based digital assets are highly volatile due to factors that include, but are not limited to, adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with blockchain-based systems are variable and may increase or decrease, respectively, drastically at any time. You hereby acknowledge and agree that we are not responsible for any of these variables or risks associated with the Protocol and cannot be held liable for any resulting losses that you experience while accessing or using the Site. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Site to interact with the Protocol.

The Site may contain references or links to third-party resources, including, but not limited to, information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of the Site. We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that the Terms do not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.

9. Intellectual Proprietary Rights

All intellectual property and other rights in Shido, the Site and its contents, such as software, text, images, trademarks, service marks, copyrights, patents, and designs, are owned by us. You may not copy, modify, adapt, rent, license, sell, publish, distribute, or permit any third party to access or use the Site or its contents unless expressly authorized by us. Accessing or using the Site does not grant you any proprietary intellectual property or other rights. You retain ownership of intellectual property and other rights in information and materials you submit through the Site, but by uploading such information or materials, you grant us a worldwide, royalty-free, irrevocable license to use, copy, distribute, publish, and send this data in accordance with applicable laws and regulations.

If you submit comments, bug reports, ideas, or other feedback about the Site, including, without limitation, about how to improve the Site (collectively, “Feedback”), you agree that we can use such Feedback at our discretion without additional compensation to you and disclose it to third parties. If necessary, under applicable law, you grant us a perpetual, irrevocable, nonexclusive, transferable, worldwide license to incorporate and use your Feedback for any purpose.

If you meet eligibility requirements and comply with the Terms, you are granted a single, personal, limited license to access and use the Site. This license is non-exclusive, non-transferable, and revocable by us at any time without notice or cause in our sole discretion. Using the Site for any purpose not expressly permitted by the Terms is strictly prohibited.

Unlike the Site, the Protocol is comprised entirely of open-source software running on public blockchains like Chain or other blockchain networks and is not our proprietary property. The Protocol may also run on other blockchains to which the same clause applies.

10. Indemnification

You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs and expenses arising from (a) your access to and use of the Site; (b) your violation of these Terms, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party’s access and use of the Site with your assistance or using any device or account that you own or control.

11. Limitation of Liability

We highly recommend that you read the whole section carefully. Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access to or use of the Site, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Site, or from any access to or use of any information obtained by any unauthorized access to or use of the Site. We assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access to or use of the Site; (c) unauthorized access to or use of any secure server or database in our control, or the use of any information or data stored therein; (d) interruption or cessation of function related to the Site; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site; (f) errors or omissions in, or loss or damage incurred as a result of, the use of any content made available through the Site; and (g) the defamatory, offensive, or illegal conduct of any third party. Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the greater of (i) the amount you paid to us in exchange for access to and use of the Site, or (ii) $100.00. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in the Terms may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.

12. Class Action Waiver and Forum

Except for disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and Shido: (a) waive the right to have any and all disputes or claims arising from these Terms, your use or access to the Site or any other disputes with Shido (collectively, “Disputes”) resolved in a court; and (b) waive any right to a jury trial. Instead, you and Shido agree to arbitrate Disputes that are not resolved informally (as described below) through binding arbitration (i.e. the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it) instead of having the Dispute decided by a judge or jury in court). No Class Arbitrations, Class Actions or Representative Actions.

You and Shido agree that any dispute is personal and will be resolved solely through individual arbitration. Class arbitration, class action, or any other representative proceeding is not allowed. Neither party agrees to resolve a dispute as a representative of another individual or group.

You and Shido agree to notify each other in writing of any dispute within thirty (30) days of its occurrence, aiming to resolve it informally. Notice to Shido should be sent to [email protected]. Your notice must include your name, postal address, email address, a description of the dispute, and the specific action you seek. If the dispute is not resolved within thirty (30) days, either party may commence an arbitration proceeding.

You and Shido agree that any arbitration or claim must commence within one (1) year after the dispute arose, or the claim is permanently barred.

These Terms are governed by the laws of the Cayman Islands, excluding its body of law controlling conflict of laws. The language shall be English. Any dispute under these Terms will be finally settled by Binding Arbitration. The arbitrator may not consolidate claims with those of any other party unless agreed otherwise. The arbitrator’s judgment may be entered in any court of competent jurisdiction other than any court located in the United States of America.

You agree that the Site is deemed to be based solely in the Cayman Islands, and its availability in other jurisdictions does not establish general or specific personal jurisdiction outside the Cayman Islands.

As limited by these Terms and applicable arbitration rules, the arbitrator has the exclusive authority and jurisdiction to make procedural and substantive decisions regarding a dispute. The arbitrator can grant any remedy available in court but may only conduct individual arbitration and cannot consolidate claims, preside over class or representative proceedings, or preside over proceedings involving more than one individual.

13. Changes to these Terms and Misc.

13. 1. Changes

We reserve the right to amend any part of these Terms at any time by posting the revised version with an updated revision date. The changes will be effective and deemed accepted by you the first time you use or access the Site after the revised Terms are initially posted. The changes apply on a going-forward basis, including any transactions initiated after the posting date. If you disagree with any modification, your sole remedy is to terminate your use of the Site.

13. 2. Entire Agreement

These Terms, including any additional terms, rules, and conditions of participation posted on the Shido website, constitute the entire agreement regarding the Site, superseding any prior oral or written agreements.

13. 3. Privacy Policy

The Privacy Policy outlines how we collect, use, store, and disclose your personal information. Your agreement to these Terms includes consent to the collection, use, storage, and disclosure of your data as per the Privacy Policy.

13. 4. Survival

Upon termination of these Terms, all rights and obligations that, by nature, continue will survive termination.

13. 5. Severability

If any provision of these Terms is deemed invalid or unenforceable, the validity and enforceability of the remaining provisions remain unaffected. Invalid or unenforceable portions may be reasonably interpreted to fulfill the original intent. If not possible, the invalid or unenforceable portion will be severed, while the remaining provisions will remain in full force.

13. 6. Captions and Summaries

Captions identifying sections and subsections are for reference only and don’t define, modify, expand, or limit any provisions.