Version: V1.3
Last updated: 9 October 2026
Contracting party: CLOUD RICH GROUP PTY LTD
Please note: The Mullet services (as defined below) are not available to any person or entity that resides in, is located in, is incorporated in, or has a registered office in the United States or Canada (collectively, "Blocked Persons"). In addition, the services are not offered to any resident or citizen of, or any person or entity located in, incorporated in, or having a registered office in, any Restricted Territory (as defined below) (any such person or entity from any Restricted Territory, a "Restricted Person"). We make no exceptions. Accordingly, if you are a Blocked Person, do not attempt to use the Mullet interface; if you are a Restricted Person, do not attempt to use any of the services. The use of a virtual private network ("VPN") to circumvent the restrictions described in these terms is strictly prohibited.
These terms of use, together with any documents and additional terms expressly incorporated by reference (including any other terms and conditions or other agreements published by the Company or made available to you or to the company or other legal entity you represent ("you"), collectively, this "Agreement"), are entered into between CLOUD RICH GROUP PTY LTD and you in connection with your use of and access to the following:
CLOUD RICH GROUP PTY LTD is a proprietary company limited by shares incorporated in South Australia under the Corporations Act 2001 (Cth) of Australia, with Australian Company Number (ACN) 695 072 336, and its registered office at 111 Sturt Street, Adelaide SA 5000, Australia. For the purposes of this Agreement, "Company", "we", "us" and "our" mean CLOUD RICH GROUP PTY LTD. The Company operates the websites, interfaces and services described below under the "Mullet" brand. In this Agreement, "Mullet" means that brand and the websites, interfaces and services offered under it, and does not mean any other legal entity.
The Mullet websites, including mullet.top (and their respective subdomains); web applications; mobile applications; and all related websites to which Mullet links (together with any materials and services available on them, and any successor websites or applications, the "Site");
All products and features made available through the Site, including order books, matching engines, smart contracts, decentralised applications, APIs, and all other software developed by the Company or third parties for trading blockchain-based assets (collectively, "Digital Assets"), including entering into perpetual contracts relating to Digital Assets ("Perpetual Contracts"), or exchanging one Digital Asset for another through the 0x API, and the computation and storage scalability service known as "StarkEx" (the "StarkEx Services") (collectively, the "Interface"); and
Non-fungible tokens ("NFTs") related to the Interface, or registering for or participating in events sponsored or hosted by the Company (together with the Site and the Interface, the "Services").
Please read this Agreement carefully, because it governs your use of the Services. This Agreement sets out your rights and obligations when using and accessing the Services, and our disclaimers and limitations of liability. By clicking "I agree" (or a similar expression), otherwise confirming this Agreement, or accessing or using the Services in any way, you accept all terms of this Agreement and agree to be bound by them, including the mandatory arbitration provisions in Section 16. If you do not agree to this Agreement, you must not access or use the Services. Before using any software developed by the Company, you must carefully read all of the disclosures and disclaimers in Section 13. The information in Section 13 sets out the legal responsibilities involved in your use of the Services. By accessing or using the Services, you acknowledge that the Company does not provide any form of trade execution, settlement or clearing services, and is not responsible for the execution, settlement or clearing of any transaction automatically executed through the Services.
1. Changes to this Agreement
We may amend this Agreement from time to time at our discretion. If we make a material change, we will post the updated agreement on the Site and update the "Last updated" date at the top of this Agreement. Except as otherwise required by law, your continued access to or use of the Services after we post the updated agreement constitutes your acceptance of, and agreement to be bound by, the updated agreement. If you do not agree to the updated agreement, you must stop using the Services. Any amendment takes effect on the effective date stated in this Agreement. You are responsible for reviewing this Agreement periodically for changes. The latest version of this Agreement will always be available on the Site.
2. Eligibility; representations, warranties and covenants
2.1
As a user accessing or using the Services, you represent and warrant to the Company as follows:
If you are entering into this Agreement as an individual, you are of legal age in the jurisdiction where you reside and have the legal capacity to enter into and be bound by this Agreement;
If you are entering into this Agreement on behalf of an entity, you have the lawful authority to accept this Agreement on behalf of that entity, in which case "you" (except in this paragraph) means that entity;
You are not a resident, citizen or agent of, and are not incorporated in and do not have a registered office in, Iran, Cuba, North Korea, Syria, Myanmar (Burma), the Crimea, Donetsk or Luhansk regions, or any other country or region subject to comprehensive U.S. country or regional economic sanctions (collectively, "Restricted Territories");
You are not the target of economic or trade sanctions administered or enforced by any governmental authority, or otherwise designated on any prohibited or restricted party list, including lists maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control (collectively, "Sanctioned Persons");
You do not intend to transact with any Restricted Person or Sanctioned Person;
You will not use a VPN or any other privacy or anonymising tool or technology to circumvent, or attempt to circumvent, any restriction applicable to the Services; and
Your access to the Services (a) does not violate any domestic or foreign law, regulation, decree, ordinance, rule, order, protocol, code, statute or other directive, requirement or guideline that applies to, or is intended to govern or regulate, any person, property, transaction, activity, event or other matter (including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative body having jurisdiction over the Company, you or the Services, or otherwise formally promulgated and legally enforceable, at common law or in equity (collectively, "Applicable Law")), and does not assist you in violating any such law; and (b) does not promote or facilitate any illegal activity.
2.2
As a condition of accessing or using the Services, you acknowledge, understand and agree to the following:
The Services may be inaccessible or inoperable for any reason, including: (a) equipment, technology or other infrastructure delays, inaccessibility or failures; (b) periodic maintenance procedures or repairs that the Company or any of our suppliers or contractors may carry out from time to time; (c) causes beyond the Company's control or that the Company could not reasonably foresee; (d) disruption and temporary or permanent unavailability of the underlying blockchain infrastructure; or (e) the unavailability, for any reason, of a third-party service provider or external partner. Without limiting any other provision of this Agreement, and as further described below, the Company is not liable for any loss or other damage caused by any such event;
If we have reasonable grounds to believe that any of your representations and warranties may be untrue, misleading or inaccurate, we reserve the right, in the event of any breach of this Agreement, to disable or modify access to the Services at any time (for example, by limiting the functionality of the Services), and we are not responsible for any loss or damage that you may suffer because the Services are inaccessible at any time or for any reason, or in connection with such inaccessibility;
The Services may evolve, which means the Company may, at its discretion, change, replace or discontinue the Services (temporarily or permanently) at any time;
Pricing information and other data made available on the Site do not constitute (i) an offer, invitation or recommendation by the Company (other than the payment of fees to the Company), or (ii) advice regarding transactions conducted using the Site and the Services;
The Company does not act as your agent or as the agent of any other user of the Services;
You are solely responsible for all of your conduct in using the Services, including all of your transfers of Digital Assets;
To the maximum extent not prohibited by Applicable Law, we owe you or any other person no fiduciary duty or obligation, and to the extent any such duty or obligation may exist at law or in equity, you hereby irrevocably waive, release and extinguish those duties and obligations;
You are solely responsible for reporting and paying any taxes applicable to your use of the Services;
We do not control, and accept no responsibility for, the delivery, quality, security, legality or any other aspect of any Digital Assets that you may transfer to or receive from a third party, and we are not responsible for ensuring that an entity with which you transact completes a transaction or is authorised to do so. If you encounter a problem when using the Services to transact in Digital Assets, you bear the entire risk;
We may from time to time operate contests, promotions, sweepstakes or other activities, or offer referral programmes ("Promotions and Referrals"), which may be governed by separate terms and conditions and rules that may contain certain eligibility requirements. You are responsible for reading all terms, conditions and rules relating to Promotions and Referrals to determine whether you are eligible to participate. If you participate in any Promotion or Referral, you agree to comply with all of its terms, conditions and rules. All Promotions and Referrals are optional, so you should not participate if you do not agree to comply with all such terms, conditions and rules; and
If you receive a fee discount from any Promotion or Referral that is not subject to separate terms, conditions and rules, the Company reserves the right to increase, modify or cancel the discount and any other aspect of that Promotion or Referral.
2.3
As a condition of accessing or using the Services, you covenant to the Company as follows:
When using the Services, you will transfer only Digital Assets that you have lawfully obtained and that belong to you;
You will comply with all Applicable Law relating to your use of the Services, and you will not use the Services if the laws of your country or region, or any other Applicable Law, prohibit you from doing so;
Any Digital Assets you use with the Services are either owned by you or you are validly authorised to use them to carry out the relevant operations; and
In addition to complying with all restrictions, prohibitions and other provisions of this Agreement, you will (a) ensure that all information you provide online and while using the Services is current, complete and accurate at all times; and (b) maintain the security and confidentiality of the private keys associated with your public Solana address, passwords, API keys, the private keys associated with your StarkEx Services account (STARK keys), and other related credentials.
3. Description of the Services
3.1 Overview
Mullet is a semi-decentralised contracts-for-difference (CFD) trading platform built on the Solana blockchain. The Interface allows you, on a non-custodial basis, to interact with the underlying smart contract protocol (the "Protocol") through a self-custodial wallet or a multi-party computation (MPC) wallet service provided by Privy (a "Wallet"), in order to obtain synthetic price exposure to various assets.
3.2 Settlement and withdrawals
a) Settlement currency: All trading profit and loss, fees and margin calculations on the platform are settled in MUSD, the stablecoin issued by Mullet.
b) Withdrawals: A user may select the destination blockchain network on which the user wishes to receive assets (such as Solana, Ethereum or Tron) and the corresponding asset type (such as USDC or USDT). After a withdrawal request is submitted, the Company will redeem the corresponding amount of the user's MUSD at a ratio of 1:1 and execute an on-chain transaction on the destination network to transfer assets of equivalent value to the network address specified by the user. On-chain Gas fees incurred in the withdrawal process are borne by the user.
3.3 Third-party service integrations
a) Wallet services: The Services integrate an MPC wallet solution provided by Privy Inc. That service allows you to manage trading accounts and assets. Your relationship with Privy is governed by its separate terms of service. You understand and acknowledge that you should safeguard all authentication information relating to your Privy Wallet, and that the Company cannot access, recover or control your wallet private keys.
b) Oracles and cross-chain bridges: The proper operation of the Services depends on oracle price data and cross-chain bridging services provided by third parties. The Company is not responsible for the accuracy, reliability or continuity of those third-party services.
4. Fees
You agree to pay all network fees incurred in using the Services (such as Solana network Gas fees), and other fees published by the Company on the Site, including trading fees and funding rates. All fees are charged in MUSD. The fee structure may change, and we will announce changes on the Site in advance.
5. No professional advice
All information provided in connection with your access to and use of the Services is for reference only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained on the Site or any other information we provide at any time (including blog posts, data, articles, links to third-party content, Discord content, news feeds, tutorials, tweets and videos). Before you make any financial, legal or other decision involving the Services, you should seek independent professional advice from a person who is qualified and licensed in that field. This Agreement is not intended to, and does not, impose any fiduciary duty on us. You further agree that the only duties and liabilities we owe you are those expressly set out in this Agreement.
6. Acceptable use; prohibited uses
You must not use the Services to engage in the following categories of activity ("Prohibited Uses"). The specific activities below are examples of Prohibited Uses and are not exhaustive. If you are unsure whether your use of the Services involves a Prohibited Use, or if you have any other question about how this requirement applies to you, please contact us at support@mullet.top. By using the Services, you confirm that you will not engage in any of the following Prohibited Uses:
Violating any Applicable Law, including any relevant and applicable anti-money laundering and counter-terrorist financing laws and sanctions programmes, such as the Bank Secrecy Act and the regulations of the U.S. Department of the Treasury's Office of Foreign Assets Control;
Engaging in transactions involving items that infringe or violate any copyright, trade mark, right of publicity or right of privacy, or any other proprietary right under Applicable Law, including selling, distributing or accessing pirated music, films, software or other licensed materials without proper authorisation from the rights holder; using the intellectual property, name or logo of Mullet or its licensors, including Mullet's trade marks, service marks or certification marks, without the Company's express consent or in a manner that otherwise harms the Company; or any conduct that falsely implies endorsement by or association with the Company;
Engaging in improper or abusive trading conduct, including without limitation (a) any fraudulent act or any scheme to defraud, deceive, trick or mislead; (b) trading ahead of, or front-running, other users of the Services; (c) fraudulent transactions; (d) accommodation trades; (e) fictitious transactions; (f) pre-arranged or non-competitive transactions; (g) monopolising or attempting to monopolise any Perpetual Contract or other Digital Asset; (h) violating bids or offers; (i) wash trading (that is, placing buy and sell orders at substantially the same time, price and quantity in order to generate trading volume); (j) market manipulation (that is, trading in order to influence the market price of a Digital Asset and create an artificial price); (k) spoofing (that is, placing buy or sell orders with no intention of genuine execution and with the intention of cancelling them before execution); (l) deliberately bidding or offering in order to create a market price that does not reflect genuine market conditions; (m) placing orders for the purpose of effecting a transaction in which there is no net change in the open positions of the two parties, but one party profits and the other loses, commonly called a "money pass"; or (n) any other trading activity that, in the Company's reasonable judgment, is abusive, improper or interferes with the operation of the Interface;
Using the Services in any manner that may interfere with, disrupt, negatively affect or inhibit other users' full enjoyment of the Services, or in any manner that may damage, disable, overburden or impair the functioning of the Site or the Services;
Circumventing any content-filtering technology, security measure or access control that the Company uses on the Site, including by using a VPN;
Using any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or extract data, or introducing any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Site or the Services;
Providing false, inaccurate or misleading information when using the Services, or engaging in activity intended to defraud the Company, other users of the Services or any other person;
Using or accessing the Services to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity (including terrorism or tax evasion);
Using the Services in a manner that we consider defamatory, libellous, profane, obscene, pornographic, sexually explicit, indecent, vulgar, suggestive, harassing, stalking, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable, or in a manner that may or is intended to incite, threaten, facilitate, promote or encourage hatred, racial intolerance or violent conduct against others;
Using the Services from a jurisdiction that we determine, at our discretion, to be prohibited from using the Site, the Interface or the Services (including IP addresses in that jurisdiction), including any blocked country or any Restricted Territory;
Harassing, abusing or harming another person, including the Company's employees and service providers;
Impersonating another user of the Services or otherwise misrepresenting yourself; or
Engaging or attempting to engage in, or encouraging, inducing or assisting any third party to engage or attempt to engage in, any activity prohibited by this Section 6 or any other provision of this Agreement.
7. Content
You hereby grant us a royalty-free, fully paid, sublicensable (through multiple tiers), transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner, any content that is made available to other users as a result of your use of the Site or the Services (collectively, "Your Content"), including to promote Mullet or the Services. You represent and warrant that (a) you own Your Content or have the right to grant the rights and licences in this Agreement; and (b) Your Content, and our use of Your Content as permitted in this Agreement, does not and will not infringe, misappropriate or violate the rights of any third party.
8. Intellectual property; additional licences
8.1
You acknowledge that certain aspects of the Services may use, incorporate or link to certain open-source components, and that your use of the Services is subject to any applicable open-source licences governing any such components (collectively, "Open Source Licences"), and that you will comply with those licences. Without limiting the foregoing, you must not (a) resell, lease, lend, share, distribute or otherwise permit any third party to use the Services; (b) use the Services for time-sharing or service-bureau purposes; or (c) otherwise use the Services in a manner that violates the Open Source Licences.
8.2
Except for third-party software included in the Services, as between you and the Company, the Company owns the Services, including all technology, content and other materials used, displayed or made available on the Site or provided in the Services (including all intellectual property rights therein, whether or not subject to an Open Source Licence), and hereby grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable licence to access and use those parts of the Site and the Services that are proprietary to the Company and are not made available under an Open Source Licence.
8.3
Any product or service names or logos of Mullet, and other marks used on the Site or as part of the Services, including the Mullet name and logo, are trade marks of the Company or its licensors. You may not copy, imitate or use them without the prior written consent of the Company or the relevant licensor, and this Agreement grants you no rights in those trade marks. You must not remove, obscure or alter any legal notices in or accompanying the Site or the Services.
9. Third-party resources and promotions
The Services or third parties may provide links to other World Wide Web or accessible sites, applications or resources. You acknowledge and agree that the Company is not responsible for the availability of such external sites, applications or resources, does not endorse, and is not responsible or liable for, any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Company is not liable for any damage or loss caused or alleged to be caused, directly or indirectly, by the use of or reliance on any such content, goods or services available on or through any such site or resource.
The Services integrate an MPC wallet solution provided by Privy Inc. That service allows you to manage trading accounts and assets. Your relationship with Privy is governed by its separate terms of service. You understand and acknowledge that you should safeguard all authentication information relating to your Privy Wallet, and that the Company cannot access, recover or control your wallet private keys.
10. Modification, suspension and termination of the Services
We may, at our discretion, modify, suspend or discontinue the Services (or any part of them) at any time, temporarily or permanently, with or without prior notice to you, and for any reason, including by permitting only the closing of open Perpetual Contracts. Your right to use the Services ends immediately when your access is terminated. We are not responsible for any loss you suffer because of any modification, suspension or discontinuation of any of the Services, or because of any modification, suspension or termination, for any reason, of your access to all or part of the Services. Sections 7 and 9 through 17 of this Agreement survive termination of your access to the Site or the Services, regardless of the reason for termination or expiry, as do any other provisions that by law or by their nature should survive.
11. Risk disclosures
11.1
By accessing or using the Services, you understand and accept the inherent risks associated with cryptographic systems and blockchain-based networks; Digital Assets, including the use and complexity of native Digital Assets (such as Solana); smart-contract-based tokens, including fungible tokens and NFTs; and systems that interact with blockchain-based networks. The Company does not own or control any of the underlying software that forms the basis of a blockchain network. In general, the underlying software of blockchain networks (including the SOL chain) is open source, and anyone may use, copy, modify and distribute it. By using the Services, you acknowledge and agree that (a) the Company is not responsible for the operation of the blockchain-based software and networks that support the Services, (b) there is no guarantee of the functionality, security or availability of that software and those networks, and (c) the underlying blockchain-based network may undergo sudden changes in its rules, commonly called a "fork", which may materially affect the Services. Blockchain networks use public-key and private-key cryptography. You alone are responsible for safeguarding your private keys. We cannot access your private keys. Loss of control of a private key will permanently and irreversibly prevent you from accessing Digital Assets on the Solana blockchain or another blockchain-based network. Neither the Company nor any other person or entity can retrieve or protect your Digital Assets. If your private key is lost, you will be unable to transfer your Digital Assets to any other blockchain address or wallet. If that happens, you will be unable to realise any value or utility of the Digital Assets you may hold.
11.2
You acknowledge and understand that the Services and your Digital Assets may be affected by one or more regulatory inquiries or regulatory actions, which may impede or limit the Company's ability to continue to provide our proprietary software, and may impede or limit your ability to access or use the Services.
11.3
You acknowledge and understand that cryptography is an evolving field, and that advances in cryptanalysis or other technology (for example, the development of quantum computers) may pose risks to Digital Assets and the Services, and may result in the theft or loss of your Digital Assets. Where possible, smart contracts available on the Interface will be updated to account for advances in cryptography and to incorporate security measures needed to address risks arising from technological progress, but that intention does not guarantee or otherwise ensure the complete security of the Services.
11.4
You understand that the SOL blockchain is still under development, which creates technical and security risks when using the Services, in addition to uncertainties relating to Digital Assets and transactions in them. You acknowledge that the cost of transacting on the Solana blockchain is variable and may increase at any time, affecting any activity that occurs on the Solana blockchain, which may cause price volatility or increased costs when using the Services.
11.5
You acknowledge that the Services contain flaws, and that you are solely responsible for evaluating any code associated with the Services. This warning and the other warnings the Company provides in this Agreement do not constitute, and do not represent, a continuing obligation on our part to alert you to all potential risks of using the Services.
11.6
Although we intend to provide accurate and timely information and data on the Site and while you use the Services, other information available on the Site and when using the Services may not always be entirely accurate, complete or current, and may also contain technical inaccuracies or typographical errors. In order to continue providing you with information that is as complete and accurate as possible, information may be changed or updated from time to time without notice, including information about our policies. Accordingly, you acknowledge and understand that you should verify all information before relying on it, and that all decisions made on the basis of information contained on the Site or provided as part of the Services are solely your responsibility. No representation is made as to the accuracy, completeness or fitness for any particular purpose of any pricing information distributed through the Site or otherwise provided when using the Services. Prices and pricing information may be higher or lower than prices on platforms that offer similar services.
11.7
Any interaction with or use of the Services requires a thorough understanding of applied cryptography and computer science in order to appreciate the inherent risks, including those described above. You represent and warrant that you have the relevant knowledge and skills. A reference to a type of Digital Asset on the Site or otherwise during use of the Services does not indicate our approval or disapproval of the technology on which that Digital Asset relies, and is not a substitute for your own understanding of the risks specific to each Digital Asset.
11.8
Use of the Services, and in particular entering into Perpetual Contracts, may involve financial risk. Digital Assets, especially Digital Assets associated with Perpetual Contracts, are by their nature highly experimental, risky and volatile. Transactions relating to the Services are irreversible, final and non-refundable. You acknowledge and agree that you access and use the Services at your own risk. The risk of loss in trading Digital Assets, and in particular in entering into Perpetual Contracts, can be substantial. You should therefore carefully consider whether such transactions are suitable for your circumstances and financial resources. By using the Services, you represent and warrant that you have been, are and will remain solely responsible for making your own independent evaluation and investigation of the risks of a particular transaction and its underlying Digital Assets (including Perpetual Contracts). You represent that you have sufficient knowledge, market experience, professional advice and experience to evaluate the merits and risks of any transaction relating to the Services or any Digital Asset. You accept all consequences of using the Services, including the risk that you may permanently lose access to your Digital Assets. All trading decisions are yours alone. Notwithstanding anything in this Agreement, we are not responsible for any loss or damage suffered by you or any third party as a result of your use of the Services to execute Digital Asset transactions (including entering into Perpetual Contracts), and in no circumstances will we be liable to you.
11.9
We must comply with Applicable Law, which may require us to take certain actions or provide information at the request of a governmental authority. You acknowledge and understand that the Company may, at its discretion, take any action it considers appropriate in order to cooperate with a governmental authority or to comply with Applicable Law.
11.10
You understand that the StarkEx Services are still under development, which creates technical, trading and other risks when using the Services. These risks include, without limitation: delays in transactions, withdrawals and deposits because servers of the Company or the operator of the StarkEx Services are offline; incorrect display of information on the Site in the event of a server error; or the rollback of transactions carried out using the Services in the event of a server error. You acknowledge that these risks may materially affect transactions you carry out using the Services, which may result in consequences such as your being unable to complete a transaction at the price you expected, or at all.
11.11
You understand that you are responsible for all orders you place, including any erroneous orders that may be executed. We will take no action to resolve an erroneous transaction caused by your error.
11.12
You hereby assume the risks described in this Section 11 and in Section 2, and acknowledge and agree that the Company is not responsible for the risks described in this Section 11. You hereby irrevocably waive, release and discharge all claims you may have against the Company and our shareholders, members, directors, officers, employees, agents and representatives, suppliers and contractors ("Representatives") in respect of any risk described in this Section 11 and Section 2, whether or not known to you.
12. Indemnity
You will defend, indemnify and hold harmless the Company and our Representatives (collectively, "Indemnified Parties") from and against any claims, demands, actions, suits, investigations, liabilities, damages, losses, costs or expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Services or your conduct in connection with the Services; (b) Digital Assets associated with your Solana address; (c) any feedback or user content you provide to the Company regarding the Services (if any); (d) your breach of this Agreement; or (e) your infringement or misappropriation of the rights of any other person or entity. If you are obliged to indemnify any Indemnified Party, the Company (or, at our discretion, the relevant Indemnified Party) will have the right to control any action or proceeding at its discretion, and to decide whether the Company wishes to settle and, if so, on what terms, and you agree to cooperate with the Company in the defence.
13. Disclaimers
13.1
The Company is a software developer. The Company does not operate a Digital Asset or derivatives trading platform, does not provide trade execution or clearing services, and has no supervision, involvement or control over transactions you carry out using the Services. You are responsible for complying with all Applicable Law governing your Digital Assets. Because of restrictions under the Commodity Exchange Act and the regulations issued under it by the U.S. Commodity Futures Trading Commission (the "CFTC"), Blocked Persons must not use the Services to enter into Perpetual Contracts.
13.2
You understand that the Company is not registered with, and has not obtained a licence from, any regulatory authority or department. No such authority or department has reviewed or approved the use of the Services.
13.3
To the maximum extent permitted by Applicable Law, the Services (and any content or functionality thereof) provided by or on behalf of us are provided on an "as is" and "as available" basis. We expressly disclaim all representations, conditions and warranties, whether express or implied, whether arising by law, statute or otherwise, and whether or not known or discoverable, including the implied or legal warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third-party rights. Without limiting the foregoing, we do not represent or warrant that the Services (including any data relating to them) will be uninterrupted, available at any particular time, or error-free. Further, we do not warrant that errors in the Services are correctable or will be corrected.
13.4
You acknowledge that data you provide when accessing or using the Services may be irretrievably lost, corrupted or temporarily unavailable for various reasons, and you agree that, to the maximum extent permitted by Applicable Law, we are not responsible for any loss or damage caused by denial-of-service attacks, software failures, viruses or other technologically harmful material (including material that may infect your computer equipment), changes to third-party providers' protocols, internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes within or beyond our control.
13.5 Specific disclaimers
The Company expressly disclaims any guarantee of the following:
- The performance, security or uninterrupted operation of the underlying Solana blockchain network.
- That the smart contract protocol is entirely free of defects or vulnerabilities, or can withstand all attacks.
- That the price of the MUSD stablecoin will remain permanently pegged to one U.S. dollar and will not de-peg.
- The continuity, accuracy or security of third-party services (including the Privy Wallet, oracles and cross-chain bridges).
- The accuracy or timeliness of any market data, analysis or information obtained through the Services.
14. Limitation of liability
14.1
Without limiting any other provision of this Agreement, you hereby agree that the Company and any of its Representatives are not responsible for any loss or damage suffered by you or any third party as a result of: (i) any equipment, technology or other infrastructure delay, inaccessibility or failure; (ii) periodic maintenance procedures or repairs that the Company or any of our suppliers or contractors may carry out from time to time; (iii) causes beyond the Company's control or that the Company could not reasonably foresee; (iv) disruption and temporary or permanent unavailability of the underlying blockchain infrastructure; or (v) the unavailability, for any reason, of a third-party service provider or external partner. In no event will the Company or its Representatives be liable for any such loss or damage arising from any of the foregoing events, including without limitation any obligation to compensate or reimburse any damage or loss caused by such events. You expressly acknowledge that the risk of any loss resulting from such events is borne by you, and you expressly assume any and all such risk.
14.2
In no event will the Company, our suppliers and contractors, or the respective shareholders, members, directors, officers, managers, employees, attorneys, agents, representatives, suppliers and contractors of the Company or of our suppliers and contractors (collectively, "Limitation Parties") be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities (including damages for loss of fiat currency, assets, data, information, revenue, opportunity, use, goodwill, profits or other business or financial benefit) arising out of or relating to: the Services (and their respective content and functionality), the execution or settlement of any transaction, any performance or non-performance of the Services, your Digital Assets, Perpetual Contracts, or any other product, service or item provided by or on behalf of the Company, whether based on contract, tort (including negligence), civil liability, statute, strict liability, breach of warranty or any other theory of liability, and whether or not we have been advised of, knew of, or should have known of the possibility of such damages, and notwithstanding any failure of the essential purpose of this Agreement or of any limited remedy under this Agreement. The Company is also not responsible for the execution or settlement of transactions between users of the Services.
14.3
Without limiting any provision of this Agreement, if the Company or any related party is found liable under this Agreement, the aggregate liability of the Company (together with our equity owners, members, directors, managers, officers, employees, attorneys, agents, representatives, suppliers or contractors) arising out of or relating to your use of the Services (and any content and functionality thereof), any performance or non-performance of the Services, your Digital Assets, Perpetual Contracts, or any other product, service or item provided by or on behalf of the Company, whether based on contract, tort (including negligence), civil liability, statute, strict liability or any other theory of liability, will not exceed the amount of fees you paid to the Company under this Agreement (if any) during the two (2) months before the event giving rise to the claim.
15. Governing law and venue
The interpretation and enforcement of this Agreement, and any dispute relating to this Agreement or the Services, will be governed by, interpreted and enforced in accordance with Applicable Law, without regard to conflict-of-laws rules or principles that would cause the law of any other jurisdiction to apply. You agree that we may bring proceedings in any court of competent jurisdiction in connection with the enforcement of our intellectual property rights or the confirmation of their validity. For any other proceeding that is not subject to the arbitration provisions of this Agreement, the courts of competent jurisdiction will have exclusive jurisdiction. You waive any objection to proceedings being brought in such courts.
16. Dispute resolution and arbitration
Please read the following section carefully, because it may significantly affect your legal rights, including your right to sue the Company in any court or forum. Except as expressly provided below, this section requires you to submit any dispute, claim or disagreement arising out of this Agreement or the Services (each, a "Dispute") to binding individual arbitration. This section applies to Disputes that arose before the effective date of this Agreement and to Disputes that may arise after this Agreement terminates.
You and the Company agree that any Dispute arising out of or relating to this Agreement or the Services is an individual dispute between you and the Company, and that any Dispute will be resolved only by individual arbitration and may not be brought as a class arbitration, class action or any other type of representative proceeding. Nothing in this section prevents you or the Company, where a claim qualifies and remains in small claims court, from bringing an individual action for damages in small claims court, or from seeking injunctive or other equitable relief in court for infringement or other alleged misuse of intellectual property (such as trade marks, trade dress, domain names, trade secrets, copyrights and patents). Except as provided above, you and the Company waive the right to a trial before a judge or jury, and the right to resolve in court any Dispute arising out of or relating to this Agreement or the Services. Instead, for any Dispute you bring against the Company, or that relates in any way to the Services, you agree first to contact the Company and to attempt to resolve the claim informally by sending a written notice of claim (a "Notice") to support@mullet.top. The Notice must (a) include your name, residential address, email address and telephone number; (b) describe the nature and basis of the claim; and (c) state the specific relief sought. Our notice to you will take a similar form. If you and the Company cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may submit the Dispute to binding arbitration administered by SIAC, or, in the limited circumstances described above, to a court. All Disputes submitted to SIAC will be resolved by confidential, binding arbitration before a single arbitrator. The arbitration will be conducted under the SIAC Expedited Arbitration Rules and procedures (the "SIAC Rules"). The latest version of the SIAC Rules is available on the SIAC website and forms part of this Agreement. You acknowledge and agree that you have read and understood the SIAC Rules, or waive the opportunity to read the SIAC Rules, and you waive any claim that the SIAC Rules are unfair or should not apply for any reason. You and the Company agree that this Agreement affects interstate commerce, and that the enforceability of this section will, to the maximum extent permitted by Applicable Law, be governed substantively and procedurally by the Singapore Arbitration Act. Subject to this Agreement and the SIAC Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions in respect of any Dispute and to award any relief that could be awarded in court, including the authority to decide questions of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate the claims of more than one individual, preside over any form of class or representative proceeding, or preside over any proceeding involving more than one individual. The arbitrator, the Company and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including all information collected, prepared and presented for the purposes of the arbitration or in connection with the Dispute. Except as otherwise required by law, the arbitrator has the authority to make appropriate orders to protect confidentiality. The confidentiality obligation does not apply to disclosures necessary to prepare for or conduct the substantive hearing of the arbitration, in connection with a court proceeding seeking provisional relief, in connection with a judicial challenge to an arbitral award or its enforcement, or to the extent otherwise required by law or a judicial decision. You and the Company agree that, for any arbitration you commence, you will pay the filing fee and all other SIAC fees and costs. For any arbitration the Company commences, the Company will pay all SIAC fees and costs. You and the Company agree that a court of competent jurisdiction will have exclusive jurisdiction to enforce an arbitral award. Any claim arising out of or relating to this Agreement or the Services must be brought within one (1) year after the claim arises; otherwise, the claim is permanently barred, which means that you and the Company will have no right to assert that claim. If any part of this section is held unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision will be severed from this Agreement; (b) severance of that provision will have no effect whatsoever on the remainder of this section or on the parties' ability to compel individual arbitration of any remaining claims under this section; and (c) to the extent any claim must therefore proceed on a class, collective, consolidated or representative basis, such claims must be litigated in a civil court of competent jurisdiction rather than arbitrated, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. In addition, if any part of this section is held to prohibit an individual claim seeking public injunctive relief, that provision is invalid to the extent such relief is permitted to be sought outside arbitration, and the remainder of this section is enforceable.
17. Miscellaneous
17.1
Please refer to our privacy policy (incorporated into this Agreement by reference and available at https://mullet.top/privacy/) to understand how we collect, use, share and otherwise process your information.
17.2
You agree to receive electronically all communications, agreements, documents, receipts, notices and disclosures that we provide to you in connection with this Agreement or any of the Services (collectively, our "Communications"). You agree that we may provide our Communications to you by posting them on the Site, by sending them by email to the email address you provide when using the Services (if any), or by sending them via Telegram to the username you provide to us while using the Services. You should keep copies of our Communications by printing a paper copy or saving an electronic copy. You may also contact us at support@mullet.top regarding questions, complaints or claims relating to the Services.
17.3
Any right or remedy of the Company set out in this Agreement is in addition to, and not in substitution for, any other right or remedy described in this Agreement or available at law or in equity under Applicable Law. Any failure or delay by the Company in exercising any right, power or privilege under this Agreement does not constitute a waiver of that right, power or privilege.
17.4
The invalidity or unenforceability of any provision of this Agreement does not affect the validity or enforceability of any other provision of this Agreement, and all other provisions remain in full force.
17.5
We are not responsible for any failure or delay in performing any of the Services, or for any loss or damage you may suffer, as a result of any circumstance or event beyond our control, including any flood, extraordinary weather, earthquake or other act of God, fire, war, riot, civil unrest, labour dispute, accident, act of government, communications or power failure, or equipment or software failure.
17.6
You may not assign or transfer any right to use the Services, or any of your rights or obligations under this Agreement, including by operation of law or in connection with a change of control, without our express prior written consent. We may assign or transfer any or all of our rights or obligations under this Agreement, in whole or in part, without notice to you or your consent or approval.
17.7
Unless otherwise provided or the context otherwise requires, for the purposes of this Agreement: (a) section headings are for convenience only and may not be used to limit or interpret the section; (b) the words "including", "include" and "for example", wherever used in this Agreement, are deemed to be followed by "without limitation"; and (c) the use of "or" is not intended to be exclusive.
17.8
If there is any conflict between this Agreement and any other agreement you may enter into with us, this Agreement controls unless that other agreement specifically identifies this Agreement and states that the other agreement supersedes this Agreement.
17.9
You agree that, except as expressly provided in this Agreement, there are no third-party beneficiaries of this Agreement other than the Indemnified Parties.
17.10 Additional terms for Apple-Enabled software
The following terms and conditions apply, in addition to the other terms and conditions of this Agreement, to the mobile application that the Company makes available to you under the Mullet brand for use on Apple-branded products (the "Apple-Enabled Software"):
The Company and you acknowledge that this Agreement is concluded only between the Company and you, and not with Apple Inc. or its affiliates (collectively, "Apple"), and that, as between the Company and Apple, the Company, and not Apple, is solely responsible for the Apple-Enabled Software and its content.
You may not use the Apple-Enabled Software in any way that violates or is inconsistent with the usage rules for the Apple-Enabled Software (as defined in the Apple Media Services Terms and Conditions (the "Usage Rules")), or that otherwise conflicts with them.
Your licence to use the Apple-Enabled Software is limited to a non-transferable licence to use the Apple-Enabled Software on an iOS product that you own or control, in accordance with the Usage Rules.
Apple has no obligation to provide any maintenance or support services in respect of the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. If the Apple-Enabled Software fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by Applicable Law, Apple will have no other warranty obligation whatsoever in respect of the Apple-Enabled Software, and will not be responsible for any other claims, losses, liabilities, damages, costs or expenses arising from any failure to conform to any warranty. That will be the Company's sole responsibility to the extent a disclaimer is not permitted by Applicable Law.
The Company and you acknowledge that the Company, and not Apple, is responsible for addressing any claims by you or any third party relating to the Apple-Enabled Software or your possession or use of the Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation.
If any third party claims that the Apple-Enabled Software, or your possession and use of the Apple-Enabled Software, infringes that third party's intellectual property rights, then, as between the Company and Apple, the Company, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country or region that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country or region; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
When using the Apple-Enabled Software, you must comply with applicable third-party agreement terms, including your wireless data service agreement.
The Company and you acknowledge and agree that, in respect of the Apple-Enabled Software, Apple and its subsidiaries are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary in respect of the Apple-Enabled Software.
If you have any question, complaint or claim regarding the Apple-Enabled Software, you should contact the Company as described in Section 17.2.