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// TERMS OF SERVICE

Terms of ServiceTerms of Service

These terms govern your use of the Mullet website, mobile applications, APIs and related services. By accessing or using any Mullet service you accept these terms in full and agree to be bound by them.

Last updated: 18 March 2025 Please note: the Mullet services (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 (together, "Blocked Persons"). The services are also not offered to any person or entity that is a resident or citizen of, is located in, is incorporated in, or has a registered office in any Restricted Territory (defined below) (any such person or entity from a Restricted Territory, a "Restricted Person"). We make no exceptions; accordingly, if you are a Blocked Person, do not attempt to use the Mullet interface, and if you are a Restricted Person, do not attempt to use any of the services. Using a virtual private network ("VPN") to circumvent the restrictions described here 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 that Mullet Trading Inc. and its affiliates ("Mullet", "we", "us", "our") publish or make available to you or to the company or other legal entity you represent ("you"), collectively this "Agreement"), are entered into between Mullet and you in relation to your use of and access to the following: Please read this Agreement carefully, as it governs your use of the services. It sets out your rights and obligations when using and accessing the services, together with our disclaimers and limitations of liability. By clicking "I agree" (or similar wording), otherwise confirming this Agreement, or accessing or using the services in any way, you accept all of its terms and agree to be bound by them, including the mandatory arbitration provisions in section 16. If you do not agree, you must not access or use the services. Before using any software developed by Mullet, be sure to read all of the disclosures and disclaimers set out in section 13; that section explains in detail the legal responsibilities involved in your use of the services. By accessing or using the services, you acknowledge that Mullet does not provide trade execution, settlement or clearing services of any kind, and is not responsible for the execution, settlement or clearing of any transaction carried out automatically through the services.

1. Changes to this Agreement

We may amend this Agreement from time to time at our discretion. If we make material changes, we will publish the updated Agreement on the website and update the "last updated" date at the top. Unless the law provides otherwise, your continued access to or use of the services after we publish the updated Agreement constitutes your acceptance of, and agreement to be bound by, the updated Agreement. If you do not agree with 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 is always available on the website.

2. Eligibility; representations, warranties and undertakings

2.1 As a user accessing or using the services, you represent and warrant to Mullet that:

  • if you are entering into this Agreement as an individual, you have reached the age of majority in your jurisdiction of residence 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 valid authority to accept this Agreement on that entity's behalf, in which case "you" (except in this paragraph) refers to that entity;

  • you are not a resident, citizen or agent of, and are not incorporated in or maintaining a registered office in, Iran, Cuba, North Korea, Syria, Myanmar (Burma), Crimea, the Donetsk or Luhansk regions, or any other country or region subject to comprehensive US country or territory economic sanctions (together, "Restricted Territories");

  • you are not the subject of economic or trade sanctions administered or enforced by any governmental authority, and are not otherwise designated on any list of prohibited or restricted parties (including lists maintained by the US Treasury's Office of Foreign Assets Control) (together, "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 anonymisation tool or technique 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 applicable to or 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 authority having jurisdiction over Mullet, you or the services, or otherwise duly promulgated, enforceable at law, in common law or in equity) (together, "Applicable Law"), and does not assist you in violating any such law; and (b) does not contribute to or facilitate any unlawful activity.

    2.2 As a condition of accessing or using the services, you acknowledge, understand and agree that:

  • the services may be unavailable or fail to operate for any reason, including: (a) delays, inaccessibility or failure of equipment, technology or other infrastructure; (b) periodic maintenance procedures or repairs that Mullet or any of our suppliers or contractors may undertake from time to time; (c) causes beyond Mullet's control or that Mullet could not reasonably foresee; (d) interruptions and temporary or permanent unavailability of the underlying blockchain infrastructure; or (e) unavailability of third-party service providers or external partners for any reason. Without limiting any other provision of this Agreement, and as described below, Mullet bears no liability for any loss or other damage caused by any such event;

  • if we have reasonable grounds to believe that any of your representations or warranties may be untrue, misleading or inaccurate, we reserve the right to disable or modify access to the services at any time in the event of any breach of this Agreement (for example by restricting functionality), and we bear no liability for any loss or damage you may suffer in connection with the services being unavailable at any time or for any reason;

  • the services may evolve, which means Mullet may change, replace or discontinue (temporarily or permanently) the services at any time at its discretion;

  • pricing information and other data made available on the website does not constitute (i) an offer, invitation to treat or recommendation by Mullet (other than to pay fees to Mullet), or (ii) advice regarding transactions carried out using the website and services;

  • Mullet does not act as your agent or the agent of any other user of the services;

  • you are solely responsible for all of your activity in using the services, including all of your digital asset transfers;

  • to the fullest extent not prohibited by Applicable Law, we owe no fiduciary duty or liability to you or any other party, and to the extent any such duty or liability might exist at law or in equity, you irrevocably waive, release and discharge those duties and liabilities;

  • you are solely responsible for reporting and paying any taxes applicable to your use of the services;

  • we have no control over, and accept no responsibility for, the delivery, quality, safety, legality or any other aspect of any digital assets you may transfer to or receive from a third party, and we are not responsible for ensuring that any entity you transact with completes the transaction or is authorised to do so. If you encounter problems transacting in digital assets using the services, you bear the full risk;

  • we may from time to time run competitions, promotions, sweepstakes or other events, or offer referral programmes ("Promotions and Referrals"), which may be governed by separate terms, conditions and rules and may include eligibility requirements. You are responsible for reading all terms, conditions and rules associated with Promotions and Referrals to determine whether you are eligible to participate; if you take part in any Promotions and Referrals, you agree to comply with all such terms, conditions and rules. All Promotions and Referrals are optional, so if you do not agree to comply with them, you should not take part; and

  • if you receive a fee discount from any Promotion or Referral not governed by separate terms, conditions and rules, Mullet reserves the right to increase, modify or cancel that discount and any other aspect of the Promotion or Referral.

    2.3 As a condition of accessing or using the services, you undertake to Mullet that:

  • when using the services you will only transfer digital assets that were lawfully obtained and belong to you;

  • you will comply with all Applicable Law in connection with your use of the services, and you will not use the services if the laws of your country or any other Applicable Law prohibit you from doing so;

  • any digital assets you use with the services either belong to you or you are validly authorised to carry out actions using them; 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 key associated with your StarkEx service account (STARK key) and other relevant credentials.

3. Description of the services

3.1 Overview.

Mullet is a decentralised TradFi contract trading platform built on the Solana blockchain. The interface allows you to interact with the underlying smart contract protocol (the "Protocol") in a non-custodial manner, through a self-custody wallet or the multi-party computation (MPC) wallet service provided by Privy (the "Wallet"), in order to obtain synthetic price exposure to a range of 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, a stablecoin issued by Mullet.

b) Withdrawals: MUSD circulates only within the platform and cannot be transferred cross-chain or exchanged externally. When you request a withdrawal, the platform burns the corresponding amount of MUSD and the custody account transfers an equivalent amount of USDC/USDT 1:1 to the wallet address you specify (Ethereum, Solana and Tron networks are supported).

3.3 Third-party integrations.

a) Wallet services: the services integrate the MPC wallet solution provided by Privy Inc., which allows you to manage your trading account and assets. Your relationship with Privy is governed by their separate terms of service. You understand and acknowledge that you must safeguard all authentication information associated with the Privy wallet, and that Mullet cannot access, recover or control your wallet private key.

b) Oracles and bridges: proper operation of the services depends on oracle price data and cross-chain bridging services provided by third parties. Mullet is not responsible for the accuracy, reliability or continuity of those third-party services.

4. Fees

You agree to pay all network fees arising from your use of the services (such as Solana network gas), along with the trading fees, funding rates and other charges published by Mullet on the website. All fees are charged in MUSD. The fee structure may change, and we will announce changes on the website 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 on the basis of any information contained on the website 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 making any financial, legal or other decision involving the services, you should seek independent professional advice from an individual qualified and licensed in the relevant field. This Agreement is not intended to, and does not, impose any fiduciary duty on us. You further agree that the only duties and obligations 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 categories of activity set out below ("Prohibited Uses"). The specific activities listed are examples of Prohibited Uses and are not exhaustive. If you are unsure whether your use of the services involves a Prohibited Use, or have other questions about how this requirement applies to you, contact us at support@mullet.io. 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 rules of the US Treasury's Office of Foreign Assets Control;
  • transacting in items that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under Applicable Law, including the sale, distribution or provision of access to pirated music, films, software or other licensed material without proper authorisation from the rights holder; using Mullet's or its licensors' intellectual property, names or logos, including Mullet's trademarks, service marks or licensed marks, without Mullet's express consent or in a manner that otherwise harms Mullet; or any act implying an endorsement by or affiliation with Mullet that does not genuinely exist;
  • engaging in improper or abusive trading practices, including but not limited to (a) any fraud or any scheme to deceive, defraud, manipulate or mislead; (b) trading ahead of other users of the services or front-running; (c) fraudulent trading; (d) accommodation trading; (e) fictitious transactions; (f) pre-arranged or non-competitive trading; (g) cornering, or attempting to corner, any perpetual contract or other digital asset; (h) violating bids or offers; (i) wash trading (that is, placing buy and sell orders at approximately the same time, price and quantity in order to generate volume); (j) market manipulation (that is, trading in order to affect the market price of a digital asset and create an artificial price); (k) spoofing (that is, placing buy or sell orders with no genuine intention to trade and with the intention of cancelling before execution); (l) knowingly bidding or offering in order to create a market price that does not reflect true market conditions; (m) placing orders for transactions in which there is no net change in either party's open positions but which result in a profit for one party and a loss for the other, commonly known as "money passing"; or (n) any other trading activity that, in Mullet's reasonable judgement, is abusive, improper or disruptive to the operation of the interface;
  • using the services in any way that may interfere with, disrupt, negatively affect or inhibit other users' full enjoyment of the services, or in any way that may damage, disable, overburden or impair the functioning of the website or the services;
  • circumventing any content-filtering technology, security measure or access control employed by Mullet on the website, including through the use of 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 website or the services;
  • providing false, inaccurate or misleading information when using the services, or engaging in activity intended to defraud Mullet, 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 any way we consider defamatory, disparaging, 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 way that may or is intended to incite, threaten, facilitate, promote or encourage hate, racial intolerance or violence against others;
  • using the services from a jurisdiction (including an IP address in that jurisdiction) that we determine at our discretion to be prohibited from using the website, the interface or the services, including any Blocked Country or Restricted Territory;
  • harassing, abusing or harming another person, including Mullet's employees and service providers;
  • impersonating another user of the services or otherwise misrepresenting yourself; or
  • engaging in or attempting to engage in, or encouraging, inducing or assisting any third party to engage in or attempt to engage in, any activity prohibited by this section 5 or any other provision of this Agreement.

7. Content

You hereby grant us a royalty-free, fully paid-up, 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 made available to other users as a result of your use of the website or the services (together, "Your Content"), including for the purpose of promoting 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 it as licensed here, 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, contain or link to open-source components, and that your use of the services is subject to any applicable open-source licences governing those components (together, the "Open-Source Licences"), with which you will comply. Without limiting the generality of the foregoing, you must not (a) resell, rent, lend, share, distribute or otherwise allow any third party to use the services; (b) use the services for timesharing or service bureau purposes; or (c) otherwise use the services in a way that breaches the Open-Source Licences.

8.2 Other than third-party software included in the services, as between you and Mullet, Mullet owns the services, including all technology, content and other materials used, displayed or provided on the website or in the services (including all intellectual property rights in them, whether or not subject to Open-Source Licences), and hereby grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable licence to access and use those parts of the website and services that are proprietary to Mullet and not made available under an Open-Source Licence.

8.3 Any product or service name, logo and other mark of Mullet used on the website or as part of the services, including the Mullet name and logo, is a trademark of Mullet or its licensors. You must not copy, imitate or use them without the prior written consent of Mullet or the relevant licensor, and this Agreement grants you no rights in these trademarks. You must not remove, obscure or alter any legal notice displayed in or with the website 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 Mullet 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 them. You further acknowledge and agree that Mullet 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 the MPC wallet solution provided by Privy Inc., which allows you to manage your trading account and assets. Your relationship with Privy is governed by their separate terms of service. You understand and acknowledge that you must safeguard all authentication information associated with the Privy wallet, and that Mullet cannot access, recover or control your wallet private key.

10. Modification, suspension and termination of the services

We may, at our discretion, modify, suspend or discontinue (temporarily or permanently) the services (or any part of them) at any time, with or without prior notice to you and for any reason, including allowing only the closing of open perpetual contracts. Upon termination of your access, your right to use the services terminates immediately. We are not liable for any loss you suffer as a result of any modification, suspension or discontinuation of any service, or any modification, suspension or termination of your access to all or part of the services for any reason. Regardless of the reason for termination or expiry, section 7 and sections 9 to 17 of this Agreement survive the termination of your access to the website or the services, as do any other provisions that by law or by their nature should survive.

11. Risk disclosure

11.1 By accessing or using the services, you understand and accept the risks inherent in cryptographic systems and blockchain-based networks; the use and complexity of digital assets, including native digital assets (such as Solana); smart-contract-based tokens, including fungible tokens and NFTs; and systems that interact with blockchain-based networks. Mullet does not own or control any of the underlying software on which blockchain networks are based. Generally, 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) Mullet is not responsible for the operation of the blockchain-based software and networks supporting the services, (b) no guarantee is made as to their functionality, security or availability, and (c) the underlying blockchain-based networks may undergo sudden rule changes, commonly known as "forks", which may materially affect the services. Blockchain networks use public and private key cryptography. You are solely responsible for protecting your private key. We cannot access your private key. Losing control of a private key will permanently and irreversibly deny you access to digital assets on the Solana blockchain or other blockchain-based networks. Neither Mullet 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 investigations or regulatory actions, which may impede or limit Mullet's ability to continue to make our proprietary software available, and may impede or limit your ability to access or use the services.

11.3 You acknowledge and understand that cryptography is a constantly evolving field, and that advances in code cracking or other technical progress (such as the development of quantum computers) may present risks to digital assets and the services, and could result in the theft or loss of your digital assets. Where possible, the smart contracts available on the interface will be updated to account for advances in cryptography and to incorporate security measures needed to address the risks presented by 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 the uncertainties associated with 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 occurring on the Solana blockchain, which may result in price volatility or increased costs when using the services.

11.5 You acknowledge that the services have defects, and that you are solely responsible for evaluating any code associated with the services. This warning and the other warnings Mullet provides in this Agreement in no way constitute or represent an ongoing duty to alert you to all potential risks of using the services.

11.6 Although we intend to provide accurate and timely information on the website and during your use of the services, the website and other information available when using the services may not always be entirely accurate, complete or current, and may also contain technical 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 website or forming part of the services are your sole responsibility. No representation is made as to the accuracy, completeness or suitability for any particular purpose of any pricing information distributed through the website or otherwise made available when using the services. Prices and pricing information may be higher or lower than prices on platforms offering similar services.

11.7 Any interaction with or use of the services requires a comprehensive understanding of applied cryptography and computer science in order to appreciate the inherent risks, including those described above. You represent and warrant that you possess the relevant knowledge and skills. A reference to a type of digital asset on the website or otherwise during use of the services does not indicate our approval or disapproval of the technology on which that digital asset depends, and should not be a substitute for your own understanding of the risks specific to each digital asset.

11.8 Using the services, and in particular entering into perpetual contracts, may involve financial risk. Digital assets, and especially those associated with perpetual contracts, are by 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 trading is suitable for your particular circumstances and financial resources. By using the services you represent and warrant that you have been, are and will be solely responsible for independently assessing and investigating the risks of any particular transaction and its underlying digital assets (including perpetual contracts). You represent that you have sufficient knowledge, market sophistication, 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 made by you alone. Notwithstanding anything in this Agreement, we are not liable, and will in no event be liable to you, for any loss or damage suffered by you or any third party arising from your use of the services to carry out digital asset transactions (including entering into perpetual contracts).

11.9 We must comply with Applicable Law, which may require us to take certain actions or provide information at the request of governmental authorities. You acknowledge and understand that Mullet may, at its discretion, take any action it considers appropriate in order to cooperate with governmental authorities or comply with Applicable Law.

11.10 You understand that the StarkEx service is still under development, which introduces technical, transactional and other risks when using the services. Those risks include, but are not limited to: delays in transactions, withdrawals and deposits as a result of Mullet's or the StarkEx service operator's servers going offline; incorrect information being displayed on the website in the event of a server error; or transactions carried out using the services being rolled back in the event of a server error. You acknowledge that these risks may materially affect the transactions you carry out using the services, which may mean, among other things, that you are unable to complete a transaction at your desired price 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 remedial action in respect of erroneous transactions caused by your own mistakes.

11.12 You hereby assume the risks described in this section 10 and in section 2, and acknowledge and agree that Mullet is not liable for the risks described in this section 10. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against Mullet and our shareholders, members, directors, officers, employees, agents and representatives, suppliers and contractors (the "Representatives") in respect of any of the risks described in this section 10 and section 2.

12. Indemnity

You will defend, indemnify and hold harmless Mullet and our Representatives (together, the "Indemnified Parties") from and against any claim, demand, action, proceeding, investigation, liability, damage, loss, cost or expense (including reasonable legal fees) arising out of or in connection with: (a) your use of, or conduct in connection with, the services; (b) digital assets associated with your Solana address; (c) any feedback or user content you provide to Mullet 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, Mullet (or, at our discretion, the relevant Indemnified Party) will have the right, at its sole discretion, to control any action or proceeding and to determine whether Mullet wishes to settle and, if so, on what terms, and you agree to cooperate with Mullet in the defence.

13. Disclaimers

13.1 Mullet is a software developer. Mullet does not operate a digital asset or derivatives trading venue, does not provide trade execution or clearing services, and has no oversight of, involvement in or control over your transactions using the services. You are responsible for complying with all laws applicable to your digital assets. Because of restrictions under the Commodity Exchange Act and the rules promulgated under it by the US Commodity Futures Trading Commission ("CFTC"), Blocked Persons may not use the services to enter into perpetual contracts.

13.2 You understand that Mullet is not registered with or licensed by any regulatory body or authority. No such body or authority has reviewed or approved the use of the services.

13.3 To the fullest extent permitted by Applicable Law, the services (and any content or functionality within them) provided by us or on our behalf are provided "as is" and "as available", and we expressly disclaim all representations, conditions and warranties, whether express or implied, at law, by statute or otherwise, whether known or discoverable, including implied or statutory 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 make no representation or warranty that the services (including any related data) will be uninterrupted, available at any particular time, or error-free. Nor do we warrant that errors in the services are correctable or will be corrected.

13.4 You acknowledge that, when accessing or using the services, data you provide may be irretrievably lost, corrupted or temporarily unavailable for a variety of reasons, and agree that, to the fullest extent permitted by Applicable Law, we are not liable 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. Mullet expressly disclaims any warranty that:

  • the underlying Solana blockchain network will perform, be secure or operate without interruption;
  • the smart contract protocol is entirely free of defects or vulnerabilities, or can withstand all attacks;
  • the MUSD stablecoin will remain permanently pegged to one US dollar without depegging;
  • third-party services (including the Privy wallet, oracles and bridges) will be continuous, accurate or secure;
  • any market data, analysis or information obtained through the services will be accurate or timely.

14. Limitation of liability

14.1 Without limiting any other provision of this Agreement, you agree that neither Mullet nor any of its Representatives is liable for any loss or damage suffered by you or any third party as a result of: (i) any delay, inaccessibility or failure of equipment, technology or other infrastructure; (ii) periodic maintenance procedures or repairs that Mullet or any of our suppliers or contractors may undertake from time to time; (iii) causes beyond Mullet's control or that Mullet could not reasonably foresee; (iv) interruptions and temporary or permanent unavailability of the underlying blockchain infrastructure; or (v) unavailability of third-party service providers or external partners for any reason. In no event will Mullet or its Representatives bear any liability for such loss or damage arising from any of the foregoing events, including any obligation to compensate or reimburse any damage or loss caused by them. You expressly acknowledge that the risk of any loss resulting from such events is yours, and you expressly assume any and all such risks.

14.2 In no event will Mullet, our suppliers and contractors, and the respective shareholders, members, directors, officers, managers, employees, lawyers, agents, representatives, suppliers and contractors of Mullet or of our suppliers and contractors (together, the "Limitation of Liability 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 in connection with: 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 Mullet, whether in 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 the failure of any essential purpose of this Agreement or of any limited remedy under it. Mullet is likewise not responsible for the execution or settlement of transactions between users of the services.

14.3 Without limiting any provision of this Agreement, if Mullet or any related party is found liable under this Agreement, the total liability of Mullet (together with our equity owners, members, directors, managers, officers, employees, lawyers, agents, representatives, suppliers or contractors) arising out of or in connection with your use of the services (and any content and functionality within them), 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 Mullet, whether in contract, tort (including negligence), civil liability, statute, strict liability or any other theory of liability, will not exceed the amount of fees (if any) you paid to Mullet under this Agreement in the two (2) months preceding 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, construed and enforced in accordance with the laws of (XXX) (where applicable), without regard to conflict-of-law rules or principles that would result in the application of the laws of any other jurisdiction. You agree that we may commence proceedings relating to the enforcement of our intellectual property, or confirmation of its validity, in any court of competent jurisdiction. For any other proceedings to which arbitration under this Agreement does not apply, the courts located in (XXX) will have exclusive jurisdiction. You waive any objection to bringing proceedings in those courts.

16. Dispute resolution and arbitration

Please read the following section carefully, as it may significantly affect your legal rights, including your right to sue Mullet in any court or before any authority. 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, as well as Disputes that may arise after its termination.

You and Mullet agree that any Dispute arising out of or in connection with this Agreement or the services is a personal dispute between you and Mullet, and that any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. Nothing in this section prevents you or Mullet from bringing an individual action for damages in small claims court, where the claim qualifies and remains 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 trademarks, trade dress, domain names, trade secrets, copyrights and patents). Except as stated above, you and Mullet waive your rights to a trial before a judge or jury, and to have any Dispute arising out of or in connection with this Agreement or the services resolved by a court. Instead, for any Dispute you have against Mullet, or relating in any way to the services, you agree first to contact Mullet and attempt to resolve the claim informally by sending a written notice of claim (a "Notice") to legal@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) set out the specific relief sought. Our Notice to you will take a similar form. If you and Mullet cannot reach an agreement to resolve the claim within thirty (30) days of receipt of that Notice, either party may submit the Dispute to binding arbitration administered by JAMS, or to court in the limited circumstances described above. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. The arbitration will take place in (XXX) under the JAMS Streamlined Arbitration Rules and Procedures (the "JAMS Rules"). The latest version of the JAMS Rules is available here and forms part of this Agreement. You acknowledge and agree that you have read and understood the JAMS Rules, or have waived the opportunity to read them, and waive any claim that the JAMS Rules are unfair or should not apply for any reason. You and Mullet agree that this Agreement affects interstate commerce, and that the enforceability of this section will be governed, both substantively and procedurally, by the (XXX) Act to the fullest extent permitted by Applicable Law. Subject to the FAA, this Agreement and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine questions of arbitrability. The arbitrator may conduct only individual arbitration, may not consolidate the claims of multiple individuals, may not preside over any form of class or representative proceeding, and may not preside over any proceeding involving multiple individuals. The arbitrator, Mullet and you will maintain the confidentiality of any arbitration proceeding, judgment and award, including all information gathered, prepared and submitted for the purposes of the arbitration or relating to the Dispute. Unless the law provides otherwise, the arbitrator has the authority to make appropriate rulings to safeguard confidentiality. The confidentiality obligation does not apply to disclosures necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for preliminary relief, in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent otherwise required by law or judicial decision. You and Mullet agree that, for any arbitration you initiate, you will pay the filing fee and all other JAMS fees and costs. For any arbitration initiated by Mullet, Mullet will pay all JAMS fees and costs. You and Mullet agree that the courts of (XXX), and the courts located in (XXX), have exclusive jurisdiction over the enforcement of an arbitration award. Any claim arising out of or in connection with this Agreement or the services must be brought within one (1) year after the claim arises; otherwise the claim is permanently barred, which means you and Mullet will not have the right to assert it. If any part of this section is found to be 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 the parties' ability to compel individual arbitration of any remaining claims; and (c) to the extent any claim must as a result proceed on a class, collective, consolidated or representative basis, such claim must be litigated in a civil court of competent jurisdiction rather than in arbitration, and the parties agree that litigation of such a claim will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will be of no effect to the extent such relief is allowed to be sought outside arbitration, and the remainder of this section will remain enforceable.

17. Miscellaneous

17.1 Please see our Privacy Policy (incorporated into this Agreement by reference and available at https://mullet.top/privacy/) to learn 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 in connection with this Agreement or any service (together, our "Communications"). You agree that we may provide our Communications to you by posting them on the website, by emailing the address you provided when using the services (if any), or by sending a message on Telegram to the username you provided to us during your use of 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 legal@mullet.top with questions, complaints or claims relating to the services.

17.3 Any right or remedy of Mullet set out in this Agreement is in addition to, and not in substitution for, any other right or remedy described in this Agreement, provided by Applicable Law, or available at law or in equity. Any failure or delay by Mullet in exercising any right, power or privilege under this Agreement does not constitute a waiver of it.

17.4 The invalidity or unenforceability of any provision of this Agreement does not affect the validity or enforceability of any other provision, and all other provisions remain in full force and effect.

17.5 We are not liable for any failure or delay in performing the services, or for any loss or damage you may suffer as a result, caused by any circumstance or event beyond our control (including any flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications or power failure, or equipment or software malfunction).

17.6 You may not assign or transfer any right to use the services, or any of your rights or obligations under this Agreement, without our express prior written consent, including by operation of law or in connection with a change of control. 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 stated or the context requires otherwise, for the purposes of this Agreement: (a) section headings are for convenience only and must not be used to limit or interpret the section; (b) wherever the words "including", "includes" or "for example" are used in this Agreement, they 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 have with us, this Agreement prevails, unless that other agreement specifically identifies this Agreement and states that the other agreement supersedes it.

17.9 You agree that, except as expressly provided otherwise in this Agreement, there are no third-party beneficiaries to this Agreement other than the Indemnified Parties.

17.10 Additional terms for Apple-Enabled Software

In relation to the mobile application Mullet makes available to you for use on Apple-branded products (the "Apple-Enabled Software"), the following terms and conditions apply in addition to the other terms and conditions of this Agreement:

  • Mullet and you acknowledge that this Agreement is concluded solely between Mullet and you, and not with Apple Inc. or its affiliates (together, "Apple"), and that as between Mullet and Apple, Mullet — not Apple — is solely responsible for the Apple-Enabled Software and its content.
  • You may not use the Apple-Enabled Software in any manner 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 it on any iOS product that you own or control, as permitted by the Usage Rules.
  • Apple has no obligation to provide any maintenance or support services for 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; to the fullest extent permitted by Applicable Law, Apple has no other warranty obligation whatsoever with respect to the Apple-Enabled Software, and is not liable for any other claim, loss, liability, damage, cost or expense arising from a failure to conform to any warranty, which will be Mullet's sole responsibility to the extent it cannot be disclaimed under Applicable Law.
  • Mullet and you acknowledge that Mullet — not Apple — is responsible for addressing any claim by you or any third party relating to the Apple-Enabled Software or your possession or use of it, 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 it, infringes that third party's intellectual property rights, then as between Mullet and Apple, Mullet — not Apple — will be solely responsible for the investigation, defence, settlement and discharge of that intellectual property infringement claim.
  • You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and (ii) you are not listed on any US Government list of prohibited or restricted parties.
  • When using the Apple-Enabled Software you must comply with applicable third-party terms of agreement, including your wireless data service agreement.
  • Mullet and you acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement in respect of the Apple-Enabled Software, 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.
  • Any questions, complaints or claims regarding the Apple-Enabled Software should be directed to Mullet as described in section 16.2.
If you have any questions about this document or wish to exercise your data rights, contact us at legal@mullet.top.
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