Last Revised: May 2024

The website located at https://www.layer3foundation.org/ (the “Website”, or “Site”) is published, owned, and operated by Layer3 Foundation, a Cayman Islands company (“Company”), its Affiliates, and related entities. These Terms of Use (the “Terms,” or “Agreement”) govern the user’s (“User”) access to and use of the Website, whether accessed via computer, mobile device, or otherwise, as well as any products and services provided by Company (the “Layer3 Services”) (the Website, together with the Layer3 Services, collectively referred to as the “Service”).

1. ACCEPTANCE OF AGREEMENT

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN USER’S USE OF THE SERVICE AND ALL RELATED TOOLS, MOBILE APPLICATIONS, WEB APPLICATIONS, DECENTRALIZED APPLICATIONS, SMART CONTRACTS, AND APPLICATION PROGRAMMING INTERFACES (“APIS”) LOCATED AT ANY COMPANY WEBSITE INCLUDING WITHOUT LIMITATION, SUCCESSOR WEBSITE(S) OR APPLICATION(S) THERETO. THESE TERMS SET OUT USER’S RIGHTS AND RESPONSIBILITIES WITH RESPECT TO USER’S USE OF THE WEBSITE FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO CLAIMING AIRDROPS. BY USING THE WEBSITE IN ANY MANNER, USER ACCEPTS AND AGREES TO BE BOUND AND ABIDE BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. BY AGREEING TO THESE TERMS, USER HEREBY CERTIFIES THAT USER IS AT LEAST 18 YEARS OF AGE. IF USER DOES NOT AGREE TO THESE TERMS, USER MAY NOT ACCESS OR USE THE WEBSITE.

The Site is only available to users in certain jurisdictions who can use the Site as permitted under applicable law. You certify that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Site. Without limiting the foregoing, by using the Site, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo; and (b) you are not listed on any U.S. Government list of prohibited, sanctioned, or restricted parties. If you access or use the Site outside the United States, you are solely responsible for ensuring that your access and use of the Site in such country, territory or jurisdiction does not violate any applicable laws. You must not use any software or networking techniques, including a Virtual Private Network (VPN), to modify your internet protocol address or otherwise circumvent or attempt to circumvent this prohibition. We reserve the right, but have no obligation, to monitor where our Site are accessed from. Furthermore, we reserve the right, at any time, in our sole discretion, to block access to the Site, in whole or in part, from any geographic location, IP addresses and unique device identifiers or to any user who we believe is in breach of these Terms.

PLEASE BE AWARE THAT THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 13.5 ) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND LIMIT THE REMEDIES AVAILABLE TO USER IN THE EVENT OF A DISPUTE.

By accessing, browsing, submitting information to, and/or using the Website, User accepts and agrees to be bound and abide by these Terms and Company’s Privacy Policy and to comply with all Applicable Laws. Accordingly, under Article 6 of the General Data Protection Regulation, or “GDPR,” Users in the European Union acknowledge and consent to Company’s processing of personal data as necessary for the performance of these Terms, any applicable agreements, and use of the Website. If User does not agree to the Terms, please do not use the Website.

2. AMENDMENTS

Company reserves the right to amend this Agreement and/or Company’s Privacy Policy described in Section 4 below, at any time with or without notice, as determined by Company in its sole discretion. Company will post any amendment on the Website. User should check this Agreement and Company’s Privacy Policy regularly for updates. By continuing to use the Website after such amendment is made, User accepts and agrees to such amendment. If User does not agree to any amendment to any of these agreements, User must stop using the Website. If User has any questions about the terms and conditions in this Agreement or Company’s Privacy Policy, please contact Company at [email protected].

3. DEFINITIONS AND INTERPRETATION

Capitalized terms not otherwise defined in these Terms will have the following meanings:

(a) “Airdrop” means an event through which a cryptocurrency project sends one or more digital assets, including cryptocurrency tokens, to Wallet addresses that meet certain criteria, such as ownership of a non-fungible token or interaction with a platform.‍

(b) “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 or is under common control with such party.

(c) “Applicable Law” means all laws, statutes, rules, regulations, ordinances, and other pronouncements having the effect of law of any Governmental Authority, including the Cayman Islands.‍

(d) “Blockchain” generally means a peer-to-peer distributed and public immutable ledger that maintains a record of all transactions occurring on such ledger, through a growing list of records (blocks) that are securely linked together via cryptographic hashes. Each block contains a cryptographic hash of the previous block, a timestamp, and transaction data.

‍(e) “Governmental Authority” means any court, tribunal, arbitrator, authority, agency, commission, official, or other instrumentality of the United States or any state, county, city, or other political subdivision or similar governing entity.

‍(f) “NFTs” are cryptographic assets on a Blockchain with unique identification codes and metadata that distinguish them from each other.

‍(g) “Layer3 Ecosystem” means Company, the L3 tokens, the Layer3 Foundation and its affiliates, the Layer3 distribution and identity protocol, including CUBEs (Credentials to Unify Blockchain Events), and the community of users and developers that facilitate and support the same.

‍(h) “Person” means an individual or legal entity or person, including, without limitation, a

Governmental Authority or an agency or instrumentality thereof.

‍(i) “L3 Token” means the ERC-20 token cryptographic token created by Company for use with the Layer3 Ecosystem.

‍(j) “Smart Contract” means a program hosted on a Blockchain, consisting of code specifying

predetermined conditions that, when met, trigger self-executing outcomes.

(k) “Wallet” means a secure digital wallet, created through a combination of private and public cryptographic keys, that enables users to interact with, and transact on, blockchain networks including but not limited to cryptographically signing smart contracts, and sending, receiving, and monitoring cryptocurrencies and other digital tokens.

4. PRIVACY

By using the Website or the Service, User agrees to, and is bound by, the terms of 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 Company collects, uses, and discloses information provided by User.

5. COMMUNICATION WITH USERS

User affirms that it is aware of and acknowledges that Company is a Blockchain service provider and has designed the Website to be directly accessible by Users without any involvement or actions taken by Company or any third-party.

6. THIRD-PARTY LINKS, PRODUCTS, AND APPLICATIONS

6.1 Third-party Sites. The Website may contain links to websites controlled or operated by persons and companies other than Company (“Linked Sites”), including but not limited to any sites related to digital transactions occasionally hyperlinked, such as X (formerly Twitter), and websites referencing or supporting Blockchain projects, marketplaces, and trading platforms. Linked Sites, including sites owned and operated by Company’s Affiliates are not under the control of Company, and 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. Company is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from User’s use of a Linked Site. Company is providing these links to User only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators. User is responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. User is solely responsible for any dealings with third parties who support Company or are identified on the Website, including any delivery of and payment for goods and services. 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.

6.2 Third-Party Smart Contracts. User acknowledges and understands that Company uses certain third-party Smart Contracts that it has no ownership of, or control over, which are core components of the Website. Company is not responsible for any coding errors, glitches, or any functionality, or lack thereof, of such third-party Smart Contracts.

6.3 Release. To the fullest extent permitted by law, User hereby releases and forever discharges Company (and its Affiliates, officers, employees, agents, successors, and assigns) from, and hereby waives and relinquishes, 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 Website (including any interactions with, or act or omission of, Company’s partners or any other third-party or any Linked Sites).

7. THE WEBSITE

7.1 Purpose of the Website. The Website is provided for Users to use the Service, to provide updates about the Layer3 Ecosystem to Users, and to provide an access point for Users to claim Airdrops by connecting User’s Wallet and interacting with the Ethereum Blockchain.

7.2 Website Content. Company does not warrant the accuracy, completeness, or usefulness of this information at any particular time for any particular purpose. Any reliance User places on such information is strictly at User’s own risk. Company disclaims all liability and responsibility arising from any reliance placed on such content by User, or by anyone who may be informed of any of its contents.

7.3 Use of the Website and Service; Licenses. Subject to this Agreement, Company grants User a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Website and the data,material, content, or information herein (collectively, the “Content”) solely for User’s personal use. User’s right to access and use the same shall be limited to the purposes described in these Terms unless User is otherwise expressly authorized by Company, in writing, to use the Website for User’s own commercial purposes. User agrees to use the Website only for lawful purposes, comply with all rules governing any transactions on and through the Website and comply with the law. Any rights not expressly granted herein are reserved, and no license or right to use any trademark of Company or any third-party is granted to User.

7.4 Forward-Looking Statements. The Website may contain forward-looking statements, which can be identified by the fact that they do not relate strictly to historical or current facts and may include such words as “may,” “will,” “expect,” “intend,” or other expressions of similar meaning, including statements with respect to use of proceeds of any sale of L3 Tokens, usage of the L3 Tokens and Website functionality and prospects. These forward-looking statements are based on the current expectations and a number of factors could affect future events. Company makes no representation about the value, current or future, of L3 Tokens, or accuracy of any Content on the Website.

7.5 Additional Considerations

(a) Transactions Are Recorded on Public Blockchains. All Airdrop related transactions that are facilitated by the Website are managed and confirmed via public Blockchains. User understands that its Wallet address will be made publicly visible whenever it engages in a transaction on the Website. Company does not own or control any Blockchain that Company chooses to interface with, or any other third-party site, product, or service that User might access, visit, or use for the purpose of enabling User to access and utilize the various features of the Website. Company is not liable for the acts or omissions of any such third parties, and will not 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.

(b) Gas. All Blockchain transactions conducted on, or facilitated by, the Website are facilitated by Smart Contracts. Public Blockchains require the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on its network. The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of Company or the Website. User acknowledges that under no circumstances will a transaction on the Website be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable to User.

7.6 Prohibitions and Restrictions

(a) Prohibited Uses. User agrees that it will not:

(i) Use the Website or the Service in any manner that could damage, disable, overburden, or

impair the Website or interfere with any other party’s use and enjoyment of the same;

(ii) Attempt to gain unauthorized access to any website or platform, computer systems, or

networks associated with Company or the Website;

(iii) Obtain or attempt to obtain any materials or information through the Website by any

means not intentionally made available or provided by Company;

(iv) 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;

(v) Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is

malicious or technologically harmful;

(vi) Send unsolicited messages or use the Website to send unsolicited messages such as spam;

(vii) Perform any benchmark tests or analyses related to the Website without express written

permission of Company;

(viii) Send spam or engage in phishing. Spam is unwanted or unsolicited bulk email, postings, contact requests, or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, Social Security numbers, passport numbers, credit card information, financial information, or other sensitive information, or to gain access to Wallets or records, exfiltration of documents or other sensitive information, payment and/or financial benefit;

(ix) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;

(x) Impersonate or attempt to impersonate Company, a Company employee, another User or any other Person (including, without limitation, by using email addresses associated with any of the foregoing);

(xi) 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 the Website except as permitted herein;

(xii) Modify, make derivative works of, disassemble, reverse compile or reverse engineer any

part of the Service or the Website; or

(xiii) Access the Website in order to build a similar or competitive website, product, or Service.

(b) Restrictions. Except as expressly stated herein, no part of the Website 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 Website will be subject to this Agreement. All copyright and other proprietary notices related to the Website (including on any Content displayed thereon) must be retained on all copies thereof. User will not use the Website for any illegal purpose.

7.7 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) with or without notice to Users. User agrees that Company will not be liable to User or to any third-party for any modification, suspension, or discontinuation of the Website or any part thereof.

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

8. INTELLECTUAL PROPERTY

8.1 Company Intellectual Property. The Content of the Website is intended for User’s personal, noncommercial use. User acknowledges and agrees that Company (or, as applicable, Company’s Affiliates or licensors) owns all legal right, title, and interest in and to all elements of the Website, Company’s 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 Website (collectively, the “Company Materials”). The Website, Company Materials, and Content are protected by copyrights, trademarks, trade secrets, database rights, sui generis rights and other intellectual or proprietary rights therein pursuant to U.S. and international laws. Accordingly, User is not permitted to use the Website or Content in any manner, except as expressly permitted by 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 User agrees not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of Company. Except as expressly set forth herein, User’s use of the Website 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 Website. Company reserves all rights in and to Company Materials not expressly granted to Users in the Terms. User may not use any of Company’s Content to link to the Website or Content without Company’s express written consent. User may not use framing techniques to enclose any such Content without Company’s 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 Company and may not be copied, imitated, or used, in whole or in part, without Company’s prior written consent.

8.2 Non-Company Intellectual Property. Excluding Company Materials, all other trademarks, product names, logos, and similar intellectual property on the Website 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 owner.

8.3 Aggregate Data. In accordance with the Privacy Policy, Company may collect and analyze data and other information relating to provision and use of various aspects of the Website. Company will be free to (i) use the data to improve and enhance the Service and for other development, diagnostic, and corrective purposes in connection with the Website and (ii) disclose data solely in aggregate or other de-identified form in connection with its business.

9. INDEMNIFICATION

User agrees to release, indemnify, and hold harmless Company and its Affiliates and licensors, 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) User’s access to, use of, or inability to use the Website or the Service;

(b) User’s breach of this Agreement;

(c) User’s violation of any rights of a third party;

(d) User’s violation of any Applicable Law; and

(e) any and all financial losses User may suffer, or cause others to suffer, due to utilizing or transferring cryptocurrency or any other digital assets.

10. ASSUMPTION OF RISK

10.1 User Acknowledges the Risk of Cryptocurrency and Smart Contracts. USER REPRESENTS AND WARRANTS THAT IT UNDERSTANDS AND IS WILLING TO ACCEPT THE RISKS ASSOCIATED WITH CRYPTOGRAPHIC SYSTEMS SUCH AS SMART CONTRACTS, PUBLIC BLOCKCHAINS (INCLUDING, BUT NOT LIMITED TO, THE ETHEREUM BLOCKCHAIN), LIQUIDITY PROTOCOLS, TOKEN DISTRIBUTION PROTOCOLS, IDENTITY PROTOCOLS, AIRDROPS, AND DECENTRALIZED FINANCE.

10.2 Company is Not Responsible for Technical Errors on Any Blockchain. COMPANY IS NOT

RESPONSIBLE FOR LOSSES ARISING FROM THE USE OF BLOCKCHAINS OR ANY OTHER FEATURES OF ANY BLOCKCHAIN NETWORK OR WALLET THAT COMPANY OR USER MAY INTERFACE WITH, INCLUDING, BUT NOT LIMITED TO, LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH A BLOCKCHAIN NETWORK OR ANY ASSOCIATED LAYER 2 BLOCKCHAINS THAT COMPANY OR USER MAY INTERFACE WITH, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES RESULTING IN LOSS OF FUNDS.

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

10.4 Company Does Not Make Any Representations Regarding the Value of Cryptocurrency or Other Digital Assets. The prices of Blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of 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 cryptocurrency. The Layer3 Ecosystem and other digital assets could be impacted by one or more regulatory inquiries or regulatory actions. For all of the foregoing reasons, as well as for reasons that may not presently be known to Company, Company makes absolutely no representations or warranties of any kind regarding the value of cryptocurrency or other digital assets.

10.5 User Acknowledges Financial Risk of Digital Assets. The risk of loss associated with the use of digital assets can be substantial. User should, therefore, carefully consider whether creating, buying, selling, or otherwise using digital assets is suitable for User in light of its circumstances and financial resources. By accessing the Website and/or claiming Airdrops, User represents that it has been, is and will be solely responsible for making its own

independent appraisal and investigations into the risks of a given transaction and the underlying digital assets. User represents that it has sufficient knowledge, market sophistication, professional advice, and experience to make its own evaluation of the merits and risks of any transaction conducted via any digital asset. Under no circumstances will the operation of all or any portion of the Website be deemed to create a relationship that includes the provision or tendering of investment advice.

10.6 User Acknowledges the Risk of Purchase and Ownership of the L3 Tokens. There are risks and uncertainties associated with the L3 tokens. Company encourages Users to consult with a financial adviser or investment professional before claiming any L3 Tokens. Information provided on the Website is for educational purposes only and is not tailored for any individual person or L3 Token holder. The Website should not be relied upon as financial or investment advice.

10.7 Company is Not Responsible for Losses Due to Jurisdictional Blocks. User acknowledges that Company has no control over jurisdictional blocks which may prevent User from utilizing the Website. Under no circumstances will Company be liable for User’s inability to access the Website due to a jurisdictional block.

10.8 Violations by Other Users. User irrevocably releases, acquits, and forever discharges 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 these Terms.

11. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER

11.1 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT

WILL COMPANY (OR COMPANY’S AFFILIATES) BE LIABLE TO USER 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 THESE TERMS OR USER’S USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICE, CONTENT OR INFORMATION ACCESSED VIA THE WEBSITE OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITE OR THE SERVICE EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE IS AT USER’S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY MONETARY LOSS AND/OR DAMAGE TO ITS 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 FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO USER.

11.2 No Warranties. ALL INFORMATION OR SERVICE PROVIDED BY COMPANY TO USER VIA THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, IS PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. 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, COMPANY AND AFFILIATES 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 WEBSITE. USER SPECIFICALLY ACKNOWLEDGES THAT COMPANY AND AFFILIATES ARE NOT LIABLE FOR ANY DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF THIRD-PARTIES OR USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. NEITHER COMPANY NOR ANY OF ITS AFFILIATES REPRESENT, WARRANT, OR COVENANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. 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. USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT USER’S SOLE RISK AND THAT COMPANY, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICE, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, OR OMISSIONS ASSOCIATED WITH THE WEBSITE OR USER’S USE THEREOF. USER’S SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR THE CONTENT IS TO CEASE ITS USE OF THE WEBSITE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO USER. USER MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, USER AGREES THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY APPLICABLE LAW.

12. TERM AND TERMINATION

Subject to this Section, this Agreement will remain in full force and effect while User uses the Website or the Service (the “Term”). Company may suspend or terminate User’s rights to use the Website or the Service at any time for any reason at Company’s sole discretion, including for any use of the Website or the Service in violation of this Agreement. User may

terminate this Agreement at any time by ending User’s use of the Website. Company will not have any liability whatsoever to User for any termination of User’s rights under 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, and limitation of liability.

13. GENERAL TERMS

13.1 General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between User and Company regarding User’s use of the Service. User may not assign or transfer these Terms or its rights under these Terms, in whole or in part, by operation of law or otherwise, without Company’s prior written consent.

Company may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect Company’s right to require performance at any other time after that, nor will a waiver by Company of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

13.2 Changes to these Terms of Use. 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 Company.

The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. User’s continued use of the Website after any such change is communicated shall constitute User’s consent to such change(s).

13.3 Governing Law & Jurisdiction. These Terms are governed by the laws of the Cayman Islands, without regard to its conflict of law principles. User hereby irrevocably consents to the exclusive jurisdiction and venue of the competent courts of the Cayman Islands for all disputes arising out of or relating to the use of the Website or the Service not subject to the Arbitration Agreement outlined in Section 13.5 .

13.4 Dispute Resolution

(a) Arbitration Agreement Generally. Please read the following arbitration agreement (“Arbitration Agreement”) carefully. It restricts the manner in which the User may seek relief from the Company, forms part of the User’s contract with the Company, and includes provisions for MANDATORY BINDING ARBITRATION AND A WAIVER OF THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

(b) Exceptions. Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to seek injunctive relief in a court of law in aid of arbitration or to address an intellectual property infringement claim through the courts.

(c) Applicability of Arbitration Agreement. To resolve disputes between the Company and User in the most expedient and cost-effective manner, and except as provided in Section 13.5(b), User and Company agree that every dispute arising in connection with these Terms that cannot be resolved informally, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including any unresolved dispute, claim, interpretation, controversy, or issues of public policy related to the Website, the Service, these Terms, and the determination of the scope or applicability of this Section 13.5 will be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings will be conducted in English. This Arbitration Agreement applies to the User and 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 applies 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.

(d) Arbitration Rules. Arbitration will be conducted and administered by the Cayman Islands Arbitration Centre under its dispute resolution rules (available online at https://www.caymanarbitration.com/arbitrationrules2023 or by contacting the Company), as modified by these Terms. A single arbitrator will be appointed unless otherwise required by the rules.

(e) 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 specific relief requested. A Notice to Company should be sent by reputable international carrier to:

Layer3 Foundation

Cricket Square, Hutchins Drive

PO Box 2681

Grand Cayman, KY1-1111

Cayman Islands

User must send a courtesy copy of a Notice to Company at [email protected]. Company may send User a Notice by electronic mail if User has provided Company with such an address. Company may also provide Notice to User’s Wallet by sending an NFT to User’s Wallet. After the Notice is received, User and Company may attempt to resolve the claim or dispute informally. If User and Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing.

(f) Fees; Location. Each party shall be responsible for the payment of its own fees and costs associated with an arbitration, except as otherwise required by the IAC Rules. Any arbitration hearing will take place in Grand Cayman, Cayman Islands, or another location mutually agreed upon by the parties; provided, however, notwithstanding the foregoing, the parties shall endeavor, where possible, to cause the arbitration proceeding to be conducted:

(i) solely on the basis of documents submitted to the arbitrator; or

(ii) through a non-appearance-based telephone hearing or videoconference. If the arbitrator finds that either the substance of User’s claim or the relief sought in User’s arbitration demand is frivolous or brought for an improper purpose, in the arbitrator’s reasonable discretion, then the payment of all arbitration fees will be governed by the IAC Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Notwithstanding anything herein to the contrary, each party will be responsible for their own attorneys’ fees associated with an arbitration under these Terms, and in no event may the arbitrator award any party their attorneys’ fees.

(g) Enforcement. The parties irrevocably submit to the exclusive jurisdiction of any court of competent jurisdiction with respect to this section to compel arbitration, to confirm an arbitration award or order, or to handle court functions permitted under the IAC Rules. The parties irrevocably waive defense of an inconvenient forum to the maintenance of any such action or other proceeding. The parties may seek recognition and enforcement of any court judgment confirming an arbitration award or order in any court having jurisdiction with respect to recognition or enforcement of such judgment.

(h) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND/OR STATUTORY RIGHTS TO LITIGATE A DISPUTE IN 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, except as otherwise set forth in Section 13.5(b) . 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 User and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, USER AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(i) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT, INCLUDING THE 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 THOSE OF ANY OTHER CUSTOMER OR USER.

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

Layer3 Foundation

Cricket Square, Hutchins Drive

PO Box 2681

Grand Cayman, KY1-1111

Cayman Islands

Cayman Islands Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction in the Cayman Islands, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.

(l) 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.

13.5 Third-Party Beneficiaries. 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.

13.6 No Support or Maintenance. User acknowledges and agrees that Company will have no obligation to provide User with any support or maintenance in connection with the Website or the Service.