Terms & Conditions

These Terms & Conditions (“Terms”) govern your access to and use of the Freeport Markets application and any related websites, interfaces, content, features, tools, and services that link to or reference these Terms (collectively, the “App” or “Services”).

The Services are operated by Freeport Markets, Inc., a Delaware corporation (“Freeport,” “we,” “us,” or “our”).

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy (available at www.freeportmarkets.com), which is incorporated by reference. If you do not agree, you must not access or use the Services.

1. Scope and Nature of the Services

The Services are provided solely for informational and educational purposes regarding Freeport’s products, services, philosophy, and approach to decentralized finance and digital assets. The Services do not provide execution, brokerage, exchange, custody, portfolio/fund management, investment advisory, legal, tax, or accounting services unless expressly stated in a separate written agreement between you and Freeport.

The Services may link to or reference third-party websites, interfaces, protocols, decentralized applications, platforms, or services (“Third-Party Services”). Third-Party Services are not part of the Services and are governed by their own terms. We do not control Third-Party Services and disclaim responsibility and liability for them.

2. Important Disclosures; No Advice; No Offers

No Financial Advice. Nothing in the Services constitutes or should be construed as financial, investment, legal, regulatory, accounting, or tax advice. You are solely responsible for your decisions.

No Offer or Solicitation. Content made available through the Services is not an offer to sell or a solicitation to buy any security, commodity, derivative, or other financial product, and is not a recommendation or endorsement of any investment strategy.

Accuracy Not Guaranteed. While we strive for accuracy, the Services may contain errors, omissions, outdated information, or technical inaccuracies. You agree not to rely on the Services as the sole basis for any decision.

3. Eligibility; Geographic and Sanctions Restrictions

By using the Services, you represent and warrant that:

1. You are at least the legal age of majority in your jurisdiction and in any event at least 18 years old.
2. You are not barred from using the Services under applicable law.
3. You are not located in, organized under the laws of, or ordinarily resident in any jurisdiction where access to or use of the Services is unlawful.
4. You are not a resident, national, or agent of any country or region subject to comprehensive sanctions/embargoes imposed by the United States, the United Kingdom, the European Union, or other relevant authority (including, without limitation, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine, as such lists may change).
5. You are not identified on any sanctions or restricted party list maintained by the U.S. Treasury Department (OFAC), U.S. Commerce Department, U.S. Department of State, the United Nations, the United Kingdom, the European Union, or any other applicable authority.
6. You will not use the Services for any illegal, illicit, or prohibited activity (including money laundering, terrorist financing, sanctions evasion, market manipulation, fraud, or other financial crime).

We may restrict or block access to the Services in any jurisdiction at any time, in our sole discretion.

4. License; Acceptable Use

Subject to these Terms, Freeport grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal or internal business informational purposes.

You agree you will not, and will not attempt to:

• Violate any applicable law, regulation, or rule.
• Misuse the Services, attempt to compromise security, probe, scan, or test vulnerabilities, or bypass protective measures.
• Use bots, scrapers, spiders, or automated means to access the Services except for standard search engine indexing of public pages (where applicable).
• Overload, disrupt, or interfere with the Services or their infrastructure (including denial-of-service attacks).
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, except to the extent prohibited by law.
• Impersonate any person or entity, misrepresent affiliation, or provide false information.
• Upload, transmit, or introduce malware, spyware, or other harmful code.
• Collect or harvest information about other users or visitors.
• Circumvent geo-blocking, sanctions controls, or access restrictions (including via VPNs or similar tools).
• Remove, alter, or obscure any proprietary notices, labels, or watermarks.

We may investigate and prosecute violations to the fullest extent permitted by law and may cooperate with law enforcement.

5. Intellectual Property

All content and materials in the Services (including text, designs, graphics, logos, trademarks, icons, images, videos, software, and layouts) are owned by Freeport or its licensors and are protected by intellectual property laws.

You may view or download content only as necessary for permitted use under these Terms. You may not copy, reproduce, modify, distribute, display, publish, sell, license, or otherwise exploit any portion of the Services without our prior written permission, except as expressly permitted by law.

No rights are granted except as explicitly stated in these Terms.

6. Third-Party Services and Links

Links to Third-Party Services are provided for convenience only. Freeport does not endorse, control, or assume responsibility for Third-Party Services, including their content, availability, security, accuracy, or terms.

Your use of Third-Party Services is at your own risk. Freeport disclaims all liability for losses arising from your use of any Third-Party Services.

7. Privacy & Data Protection

We handle personal information in accordance with our Privacy Policy.

Key principles include:

• Collecting only information reasonably necessary to operate and improve the Services.
• Never selling your personal data to third parties.
• Using commercially reasonable safeguards (including encryption and secure protocols where appropriate) to protect information.

You acknowledge that no security measure is perfect and that communications and data may be intercepted or compromised.

8. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, FREEPORT DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND QUIET ENJOYMENT.

Digital assets and decentralized finance involve substantial risk, including volatility, smart contract vulnerabilities, hacks, oracle failures, bridge failures, protocol changes, and regulatory uncertainty, and may result in the loss of some or all of your assets. You assume all risks related to your use of the Services and any related Third-Party Services.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FREEPORT AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES OR ANY THIRD-PARTY SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FREEPORT’S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED US $1,000 OR THE AMOUNT YOU PAID TO FREEPORT (IF ANY) FOR ACCESS TO THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS LESS.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless Freeport and its affiliates, directors, officers, employees, agents, and licensors from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; or (d) any misuse of the Services by anyone using your devices or credentials.

11. Suspension and Termination

We may, in our sole discretion and without notice, suspend, restrict, or terminate your access to the Services at any time for any reason, including suspected violation of these Terms or applicable law.

Upon termination, the license granted to you ends immediately. Sections that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

12. Changes to the Services and These Terms

We may modify or discontinue any part of the Services at any time without notice.

We may update these Terms at any time by posting the updated version and revising the “Last Updated” date. Your continued use of the Services after updates constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Services.

13. Governing Law

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Delaware, and, where applicable, federal law of the United States, without regard to conflict-of-laws principles.

14. Dispute Resolution; Binding Arbitration; Class Action Waiver; Jury Trial Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR RIGHTS.

Binding Individual Arbitration. Except for the limited exception in “Injunctive Relief” below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis, not in court.

Administrator; Rules; Seat. The arbitration will be administered by JAMS under its applicable rules and procedures, in English, before one arbitrator. The seat (legal place) of arbitration will be Delaware, and proceedings may be conducted remotely to the extent permitted by the rules.

No Class Actions. You and Freeport agree that disputes will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

Jury Trial Waiver. If a dispute is heard in court for any reason, you and Freeport waive any right to a jury trial to the maximum extent permitted by law.

Injunctive Relief Exception. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of its intellectual property rights.

15. General Terms

• Entire Agreement. These Terms and the Privacy Policy are the entire agreement between you and Freeport regarding the Services.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions will remain in effect.
• No Waiver. Failure to enforce any provision is not a waiver.
• Assignment. You may not assign these Terms. We may assign them to an affiliate or successor in connection with a merger, acquisition, reorganization, or sale of assets.
• Headings. Headings are for convenience only and do not affect interpretation.

16. Contact Information

Questions, concerns, or feedback regarding these Terms can be directed to:

Email: partners@freeportmarkets.com