Terms of Use Agreement

USER AGREEMENT

ForgeAI Inc. ("ForgeAI," "Company," "we," "us," or "our") owns and operates the website, mobile application, and related services that link to these Terms of Use (collectively, the "Platform"). ForgeAI offers you access to the Platform and the ability to participate in AI-powered cryptocurrency trading, tournaments, competitions, and other content, products, services, and promotions (collectively, the "Services") subject to these Terms of Use (the "Terms" or "Agreement"), our Privacy Policy, and any other rules, guidelines, or policies we may publish.

CONSIDERATION AND ACCEPTANCE

You agree to these Terms by: (i) accessing or using the Platform; (ii) registering for an account; (iii) participating in any Services; or (iv) accepting, uploading, submitting, or downloading any information or content from or to the Platform. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE PLATFORM OR THE SERVICES. These Terms constitute a legally binding agreement between you and ForgeAI and shall apply to your use of the Platform and the Services even after termination.

1. ASSUMPTION OF RISK

1.1 Cryptocurrency Trading Risks

YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH CRYPTOCURRENCY TRADING, INCLUDING BUT NOT LIMITED TO:

• TOTAL LOSS OF FUNDS: You may lose some, most, or all of your invested capital. Cryptocurrency markets are extremely volatile and unpredictable.
• MARKET VOLATILITY: Cryptocurrency prices can fluctuate dramatically within seconds, minutes, or hours. Past performance is not indicative of future results.
• LIQUIDITY RISKS: You may be unable to buy or sell assets at desired prices due to market conditions, low liquidity, or exchange limitations.
• REGULATORY RISKS: Cryptocurrency regulations vary by jurisdiction and may change without notice, potentially affecting your ability to trade or access funds.
• TECHNICAL RISKS: Blockchain networks, smart contracts, and decentralized protocols may experience bugs, exploits, hacks, or failures.
• EXCHANGE AND CUSTODY RISKS: Third-party exchanges and custodians may fail, be hacked, become insolvent, or freeze assets.

1.2 AI and Algorithmic Trading Risks

YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH AI-POWERED AND ALGORITHMIC TRADING, INCLUDING BUT NOT LIMITED TO:

• NO GUARANTEE OF PERFORMANCE: AI agents and trading algorithms may perform poorly, make incorrect decisions, or fail entirely. There is absolutely no guarantee that any AI agent will generate profits or avoid losses.
• EXPERIMENTAL TECHNOLOGY: The AI technology powering the Platform is experimental, evolving, and may contain errors, bugs, or unexpected behaviors.
• ALGORITHM LIMITATIONS: Trading algorithms cannot predict market movements with certainty and may fail to adapt to changing market conditions.
• EXECUTION FAILURES: Trades may fail to execute, execute at unexpected prices, or execute in ways that result in significant losses.
• DATA DEPENDENCIES: AI agents rely on external data sources that may be inaccurate, delayed, manipulated, or unavailable.

1.3 Platform and Technical Risks

YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH THE PLATFORM, INCLUDING BUT NOT LIMITED TO:

• BETA STATUS: The Platform is provided in beta and may contain bugs, errors, defects, or other technical issues that could affect performance or result in financial losses.
• DOWNTIME AND INTERRUPTIONS: The Platform may experience downtime, maintenance periods, or interruptions that prevent you from accessing your account or executing trades.
• SECURITY VULNERABILITIES: Despite our security measures, the Platform may be vulnerable to hacking, unauthorized access, or other security breaches.
• THIRD-PARTY DEPENDENCIES: The Platform relies on third-party services, APIs, blockchain networks, and infrastructure that may fail or become unavailable.

2. NO INVESTMENT ADVICE OR GUARANTEES

2.1 Not Financial Advice

FORGEAI DOES NOT PROVIDE INVESTMENT, FINANCIAL, TAX, OR LEGAL ADVICE. All information, content, tools, and Services provided on the Platform are for informational and educational purposes only. Nothing on the Platform constitutes a recommendation, solicitation, or offer to buy or sell any cryptocurrency, security, or financial instrument.

2.2 No Guarantees

FORGEAI MAKES ABSOLUTELY NO GUARANTEES REGARDING:

• Any specific investment outcomes, returns, or profits
• The performance of any AI agent, trading strategy, or algorithm
• The accuracy of any information, data, analysis, or predictions
• The availability, reliability, or functionality of the Platform
• The security or safety of your funds or assets

2.3 Professional Consultation Required

You should consult with qualified financial, legal, and tax professionals before making any investment decisions. You are solely responsible for evaluating the merits and risks of any trading activity.

3. ELIGIBILITY AND ACCOUNT RESPONSIBILITIES

3.1 Eligibility Requirements

To use the Services, you must:

• Be at least eighteen (18) years of age, or the age of majority in your jurisdiction, whichever is higher
• Have the legal capacity to enter into binding agreements
• Not be prohibited from using the Services under applicable laws or regulations
• Not be located in a jurisdiction where cryptocurrency trading or the Services are prohibited

3.2 Account Registration

You may establish only one (1) account per person. ForgeAI may refuse to establish an account for you in ForgeAI's sole and absolute discretion, for any reason or no reason. If ForgeAI discovers you have opened more than one account, ForgeAI reserves the right to suspend or terminate any or all of your accounts and terminate, withhold, or revoke any winnings, prizes, or funds.

3.3 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your login credentials, private keys, and wallet information
• All activities that occur under your account
• Immediately notifying ForgeAI of any unauthorized access or security breach

ForgeAI is not responsible for any loss or damage resulting from your failure to maintain account security or from unauthorized access to your account.

3.4 Accurate Information

You must provide accurate, current, and complete information during registration and keep such information up to date. Providing false or misleading information is grounds for immediate termination.

4. FEES, PAYMENTS, AND WITHDRAWALS

4.1 Fees

ForgeAI may charge fees for certain Services, including but not limited to trading fees, performance fees, subscription fees, and withdrawal fees. The applicable fee structure will be disclosed to you before you engage in fee-generating activities. ForgeAI reserves the right to modify fees at any time with or without notice.

4.2 No Refunds

ALL DEPOSITS AND PAYMENTS ARE FINAL. NO REFUNDS WILL BE ISSUED except as required by applicable law or as determined by ForgeAI in its sole discretion. In the event of a dispute regarding the identity of the person submitting a transaction, the transaction will be deemed submitted by the person in whose name the account was registered.

4.3 Withdrawals

ForgeAI reserves the right to delay, suspend, or refuse withdrawals in its sole discretion, including but not limited to situations involving suspected fraud, regulatory compliance, security concerns, or pending investigations.

5. TOURNAMENTS AND COMPETITIONS

5.1 Gambling Acknowledgment

Participation in tournaments, competitions, or prize-based activities on ForgeAI may constitute gambling in certain jurisdictions. ForgeAI does not represent or warrant that such participation is legal in your jurisdiction. It is your sole responsibility to determine whether your participation complies with applicable laws.

5.2 Assumption of Risk

By participating in any tournament or competition, you expressly acknowledge and assume all risks associated with such participation, including the risk of losing all entry fees and any additional funds. Tournament results are final and binding.

5.3 Disqualification

ForgeAI reserves the right, in its sole discretion, to disqualify any participant, void entries, suspend or terminate accounts, and/or require the return of any prizes or winnings for any conduct deemed improper, unfair, or adverse to the operation of the tournament or Platform.

6. PROHIBITED CONDUCT

You agree not to:

• Use the Platform for any illegal or unauthorized purpose
• Violate any applicable laws, regulations, or third-party rights
• Manipulate markets, prices, or trading activity
• Use automated means (bots, scripts, AI tools) except as expressly permitted
• Attempt to gain unauthorized access to the Platform or other accounts
• Interfere with or disrupt the Platform's security or functionality
• Engage in any form of fraud, money laundering, or terrorist financing
• Circumvent any security measures or access restrictions
• Abuse any promotions, bonuses, or referral programs
• Impersonate any person or entity
• Harass, abuse, or harm other users
• Reverse engineer, decompile, or disassemble any part of the Platform

7. DISCLAIMER OF WARRANTIES

THE PLATFORM, INCLUDING ALL CONTENT, SOFTWARE, SERVICES, AND FUNCTIONS, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."

TO THE FULLEST EXTENT PERMITTED BY LAW, FORGEAI AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS (COLLECTIVELY, THE "FORGEAI PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY: No warranty that the Platform is merchantable or fit for any particular purpose
• FITNESS FOR PURPOSE: No warranty that the Platform will meet your requirements or expectations
• NON-INFRINGEMENT: No warranty that the Platform does not infringe third-party rights
• ACCURACY: No warranty that any information, data, or content is accurate, complete, reliable, or current
• AVAILABILITY: No warranty that the Platform will be uninterrupted, error-free, or available at any time
• SECURITY: No warranty that the Platform is secure or free from viruses, malware, or vulnerabilities
• RESULTS: No warranty regarding any results or outcomes from using the Platform

FORGEAI DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION. YOU USE THE PLATFORM AT YOUR OWN RISK AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS.

8. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT THE FORGEAI PARTIES' LIABILITY IS LIMITED AS FOLLOWS:

8.1 Exclusion of Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, THE FORGEAI PARTIES SHALL NOT BE LIABLE FOR ANY:

• Direct, indirect, incidental, special, consequential, exemplary, or punitive damages
• Loss of profits, revenue, income, or anticipated savings
• Loss of data, goodwill, or reputation
• Trading losses, investment losses, or financial losses of any kind
• Loss of cryptocurrency, tokens, or digital assets
• Damages arising from AI agent decisions, trading algorithm failures, or execution errors
• Damages arising from unauthorized access, hacking, or security breaches
• Damages arising from third-party services, exchanges, or blockchain networks
• Damages arising from regulatory actions, legal proceedings, or government interventions
• Any other losses or damages of any nature

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF FORGEAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 Liability Cap

IN NO EVENT SHALL THE FORGEAI PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100.00); OR (B) THE TOTAL FEES PAID BY YOU TO FORGEAI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8.3 Essential Basis

YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FORGEAI AND THAT FORGEAI WOULD NOT PROVIDE THE SERVICES WITHOUT THIS LIMITATION.

8.4 Sole Remedy

IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the ForgeAI Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising from or relating to:

• Your use of the Platform or Services
• Your trading activities and investment decisions
• Your violation of these Terms or any applicable laws
• Your violation of any third-party rights
• Your negligent or wrongful conduct
• Any content you submit or transmit through the Platform
• Any dispute between you and any third party

ForgeAI reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with ForgeAI's defense of such claims.

10. INTELLECTUAL PROPERTY

All content, features, functionality, software, code, algorithms, AI models, trademarks, logos, and other intellectual property on the Platform are owned by or licensed to ForgeAI and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial purposes subject to these Terms.

You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from any part of the Platform without ForgeAI's prior written consent.

11. TERMINATION

11.1 ForgeAI's Right to Terminate

ForgeAI may, in its sole and absolute discretion, for any reason or no reason, and without prior notice:

• Suspend or terminate your account
• Revoke your access to the Platform
• Cancel pending transactions or trades
• Withhold, freeze, or forfeit any funds, prizes, or winnings
• Take any other action deemed appropriate

11.2 Effect of Termination

Upon termination:

• Your right to access the Platform immediately ceases
• ForgeAI may delete your account and associated data
• Any provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability

11.3 No Liability for Termination

ForgeAI shall not be liable to you or any third party for any termination of your access to the Platform or any action taken in connection with termination.

12. DISPUTE RESOLUTION AND ARBITRATION

12.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact ForgeAI and attempt to resolve the dispute informally for at least thirty (30) days.

12.2 Binding Arbitration

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL BE RESOLVED BY BINDING ARBITRATION administered by a recognized arbitration organization under its rules then in effect. The arbitration shall be conducted by a single arbitrator, and the arbitrator's decision shall be final and binding.

12.3 Waiver of Class Actions

YOU AND FORGEAI AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against ForgeAI.

12.4 Waiver of Jury Trial

YOU AND FORGEAI HEREBY WAIVE ANY RIGHT TO A JURY TRIAL in any legal proceeding arising out of or relating to these Terms.

13. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any legal proceedings not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

14. FORCE MAJEURE

ForgeAI shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, civil commotion, government actions, regulatory changes, epidemics, pandemics, labor disputes, power outages, internet or telecommunications failures, cyberattacks, blockchain network failures, or any other circumstances beyond ForgeAI's reasonable control.

15. PRIVACY

Your use of the Platform is governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Platform, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

16. THIRD-PARTY SERVICES

The Platform may contain links to or integrate with third-party websites, services, exchanges, or blockchain networks. ForgeAI has no control over and assumes no responsibility for such third-party services. Your use of third-party services is at your own risk and subject to their respective terms and policies.

17. MODIFICATIONS TO TERMS

ForgeAI reserves the right to modify these Terms at any time without prior notice. Changes become effective immediately upon posting. Your continued use of the Platform after any modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

18. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

19. WAIVER

ForgeAI's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by ForgeAI.

20. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and ForgeAI regarding the Platform and supersede all prior agreements and understandings.

21. CONTACT INFORMATION

For questions about these Terms, please contact us at support@forgeai.com.