Last updated: December 1, 2025.
Please read these Terms of Service (the “Terms”) and our Privacy Policy (the “Privacy Policy”) carefully because they govern your use of the website located at www.trepa.io (the “Site”) and any associated applications, protocols and / or platforms, including, but not limited to, any mobile or web based applications (collectively, the “Platform”) offered by Trepa Inc. (“we,” “us,” or “Trepa”). The Platform and our services offered thereon are hereinafter referred to as the “Services.”
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE INFORMATION ABOUT FUTURE CHANGES TO THESE TERMS, AUTOMATIC RENEWALS, LIMITATIONS OF LIABILITY, A CLASS ACTION WAIVER AND RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO SUCH TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND TREPA THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE CAREFULLY REVIEW CAREFULLY THE SECTION TITLED “BINDING ARBITRATION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION). IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN THE SECTION TITLED “BINDING ARBITRATION” WILL NOT APPLY TO YOU BUT THE PROVISIONS OF THE SECTIONS TITLED “GOVERNING LAW” AND “VENUE FOR JUDICIAL PROCEEDINGS” WILL STILL APPLY.
TREPA DOES NOT OFFER OR PROVIDE INVESTMENT, TAX, LEGAL, OR FINANCIAL ADVICE. BY USING THE SERVICES, YOU AGREE THAT YOU UNDERSTAND THE TECHNICAL AND LEGAL RISKS ASSOCIATED WITH BLOCKCHAIN SYSTEMS, AND THAT ANY INFORMATION PRESENTED THROUGH THE PLATFORM IS PROVIDED SOLELY FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES. BEFORE MAKING ANY FINANCIAL, INVESTMENT, OR LEGAL DECISIONS, YOU SHOULD CONSULT WITH A QUALIFIED PROFESSIONAL ADVISOR.
YOU ACKNOWLEDGE AND AGREE THAT TREPA IS NOT A PARTY TO ANY TRANSACTION OR AGREEMENT BETWEEN USERS OR BETWEEN USERS AND THIRD-PARTY PROTOCOLS. TREPA SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DISPUTES, LOSSES, OR CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES IN RELATION WITH DIGITAL TOKENS, ASSETS, OR CURRENCIES, ANY ASSOCIATED REWARDS, OR INTERACTIONS WITH THIRD-PARTY PROTOCOLS.
USE OF THE SITE OR PLATFORM FOR TRADING IS NOT PERMITTED BY PERSONS OR ENTITIES WHO RESIDE IN, ARE LOCATED IN, ARE INCORPORATED IN, HAVE A REGISTERED OFFICE IN, OR HAVE THEIR PRINCIPAL PLACE OF BUSINESS IN CUBA, IRAN NORTH KOREA, SYRIA, RUSSIA, CRIMEA (UKRAINE), LUHANSK (UKRAINE), DONETSK (UKRAINE), AFGHANISTAN BALKANS, BELARUS, BURMA (MYANMAR), CENTRAL AFRICAN REPUBLIC, DEMOCRATIC REPUBLIC OF THE CONGO ETHIOPIA, HONG KONG, IRAQ, LEBANON, LIBYA, MALI, NICARAGUA, SOMALIA, SOUTH SUDAN, SUDAN, VENEZUELA, YEMEN, AND THE UNITED STATES OF AMERICA (COLLECTIVELY, THE “RESTRICTED JURISDICTIONS”, AND ANY SUCH PERSON OR ENTITY FROM THESE JURISDICTIONS, A “RESTRICTED PERSON”). ADDITIONALLY, USE OF THE SITE OR PLATFORM FOR TRADING IS NOT PERMITTED BY PERSONS OR ENTITIES (I) ON BEHALF OF ANY RESTRICTED PERSON(S) OR (II) DIRECTED, COORDINATED OR CONTROLLED BY ANY RESTRICTED PERSON (ANY SUCH PERSON OR ENTITY ALSO SHALL BE CONSIDERED A RESTRICTED PERSON). THERE ARE NO EXCEPTIONS; THEREFORE, IF YOU ARE A RESTRICTED PERSON, THEN DO NOT ATTEMPT TO USE THE SITE, PLATFORM OR ANY OF THE TECHNOLOGY FEATURES TO TRADE. USE OF A VIRTUAL PRIVATE NETWORK (“VPN”) OR ANY SIMILAR TOOL TO ATTEMPT TO OR TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS STRICTLY PROHIBITED. ANY PERSON IN VIOLATION OF THESE TERMS MAY HAVE THEIR WALLETS PLACED IN CLOSE-ONLY MODE AND BE PROHIBITED FROM ACCESSING THE SITE OR PLATFORM IN OUR SOLE DISCRETION.
These Terms hereby incorporate by this reference any additional terms and conditions with respect to the Services posted by Trepa to the Platform or otherwise made available to you by Trepa. If you are an individual accessing or using the Services on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (“Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Services and to any such Organization.
“Trepa Parties” means Trepa Inc. and all of our past, present and future partners, parents, subsidiaries, affiliates and joint venturers, as well as all of our respective past, present and future its officers, directors, agents, representatives, attorneys, predecessors, successors and assigns, whether acting in the course and scope of employment, and all persons acting by, through, under, or in concert with any of them.
“Digital Asset” means, collectively, Fungible Tokens and NFTs.
“NFT” means any non-fungible tokens, coins, crypto assets, digital assets or any other assets created, issued, or built on or in connection with any blockchain, cryptographic or other distributed ledger technology.
“Fungible Tokens” means any fungible tokens, coins, crypto assets, digital assets or any other assets created, issued, or built on or in connection with any blockchain, cryptographic or other distributed ledger technology.
“Wallet” means a software application, device, or other mechanism used to store, send, receive, or manage private keys and corresponding public keys associated with Digital Assets. A Wallet may be custodial or non-custodial and may reside on hardware, software, or cloud-based platforms, and is used to facilitate the ownership and transfer of Digital Assets on one or more blockchain networks.
Trepa provides an online forecasting platform that enables Users to submit numerical predictions related to real-world events and data points. The Services allow Users to forecast a broad range of publicly observable outcomes, including, without limitation, financial market prices, corporate earnings figures, macroeconomic indicators, sports statistics, election-related data, and other quantifiable datasets. Trepa operates pari-mutuel pools (the “Pools”) in which Users may compete for monetary rewards or other incentives based on the precision of their submitted forecasts (collectively, the “Rewards”). Unlike binary prediction formats that reward only directional correctness, Trepa’s scoring methodology allocates Rewards proportionally to how close a User’s prediction is to the final, objectively-determined outcome. Users whose forecasts more closely align with the actual results receive comparatively higher payouts, with scoring that may increase on a non-linear or exponential basis depending on the accuracy of the prediction relative to other participants.
The Services may include interfaces, tools, features, analytics, and other functionality that allow users to submit predictions, view historical or real-time data relevant to forecasting categories, participate in prediction rounds, and access results or payout information. Trepa may update, modify, or discontinue any aspect of the Services at any time, including the scoring methodology, reward structures, eligibility criteria, or categories of forecasting events, in its sole discretion. Users are solely responsible for evaluating the accuracy, reliability, and appropriateness of any information displayed through the Services and for ensuring that their use of the Services complies with applicable law. Trepa does not guarantee the accuracy of any data inputs, outputs, or displayed information, and does not represent that participation in forecasting rounds constitutes investment activity, financial advice, or any other regulated service.
The Services may include informational features that allow you to access content, data, analytics, historical information, or other materials displayed on the Platform (the “Content Features”), as well as technical functionality that enables you to submit predictions, interact with forecasting rounds, or otherwise engage with the Platform’s accuracy-weighted scoring system (the “Technology Features”). Trepa does not guarantee the accuracy, timeliness, or reliability of any Content Features or Technology Features. Trepa may modify, suspend, or discontinue any Content Features or Technology Features at any time without notice in its sole discretion.
Certain reference values, real-world outcomes, or other inputs used in forecasting rounds may originate from third-party sources, APIs, data providers, or oracle systems not controlled by Trepa. Trepa does not guarantee the accuracy, timeliness, reliability, or availability of any third-party data. You acknowledge that delays, inaccuracies, outages, revisions, or errors in third-party data may affect forecasts, scoring, payouts, or displayed information. Trepa shall not be responsible or liable for any reliance you place on such third-party data or for any disputes, losses, or impacts arising from inaccuracies or delays in such data. Information displayed through the Services, including data, analytics, forecasts, scoring outputs, and other content, may be incorrect, delayed, incomplete, or inaccurate. You acknowledge that forecasting information, displayed metrics, and any payout-related information may be affected by external data sources, latency, or third-party inputs outside Trepa’s control. Trepa does not guarantee that any prediction, performance metric, or payout will be accurate or free from error.
To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information as requested by Trepa and to update such information promptly if it changes. You are solely responsible for maintaining the confidentiality and security of your account credentials, Wallets, and devices used to access the Services. You are responsible for all activities conducted through your account, whether or not authorized by you. Trepa is not liable for any loss or damage arising from your failure to secure your account. You agree to notify Trepa immediately upon becoming aware of unauthorized access or use of your account.
In connection with using the Services, you may be required to connect a Wallet. Trepa does not know or have access to the private keys to the Wallets you connect to the Services. You are exclusively responsible for maintaining the confidentiality and security of your Wallet(s), accounts and devices you use to access the Services. You are solely responsible for ensuring that no unauthorized person has access to your Wallet(s) or any device that you utilize in connection with the Services. We are not liable for any loss or damage arising from your failure to protect your Wallet(s). You acknowledge and agree that the Wallet you connect to the Services is personal to you and any sharing of such Wallet with others will subject your account to cancellation without refund. You agree to notify us as soon as you become aware that another person has unauthorized access to your Wallet.
These Terms and the Services are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated.
You may use the Services only if you represent and warrant that you (as applicable):
Are not a “U.S. Person” as defined in Rule 902 of Regulation S under the Securities Act and do not otherwise reside in, are not located in, are not incorporated in, and do not have a registered office or principal place of business in the United States;
Are at least the age of majority in your jurisdiction (e.g., 18 years old in the United States) and capable of forming a binding contract with Trepa;
Do not reside in, are not located in, are not incorporated in, and do not have a registered office or principal place of business in any other Restricted Jurisdiction;
(i) Are not the subject of sanctions administered or enforced by the United States (including without limitation the U.S. Department of the Treasury’s Office of Foreign Asset Control), the United Kingdom, the European Union or any other governmental authority (“Sanctions”) or (ii) organized or resident in a country or territory that is the subject of country-wide or territory-wide Sanctions;
Do not, and will not, use VPN software or any other privacy or anonymization tools or techniques, or other means, to circumvent, or attempt to circumvent, any restrictions that apply or any of the Platform’s security-related features;
Understand the Risks associated with using the Services, including, but not limited to, your assumption of all such risks detailed in the section titled “Digital Asset and Protocol Risks”;
Will not falsify or materially omit any information or provide misleading or inaccurate information requested by Trepa in the course of, directly or indirectly relating to, or arising from your activities on or use of the Services, including, but not limited to, at registration or during administration or other due diligence processes, and that if any information provided to Trepa becomes incorrect or outdated, you will promptly provide corrected information to Trepa;
Acknowledge and agree that any Wallet you use in connection with the Services is wholly controlled and owned by you and that Trepa does not have any right, title or interest to the Wallet, except as otherwise set forth herein;
Will not use the Services in order to conceal or disguise the origin or nature of proceeds of crime or terrorist financing, or to further, any breach of applicable law, or to deal in any unlawful property, funds, or proceeds;
Have not, nor have any of your affiliates, directly or indirectly offered, promised, given, or authorized any payment, or offered, promised, given, or authorized the giving of anything else of value, including, but not limited to, any cryptocurrency, to a government official or individual employed by another entity in the private sector in violation of any applicable law;
Consent to any and all tax and information reporting under applicable law;
Will not, nor will any of your affiliates, use the Services directly or indirectly (i) on behalf of or for the benefit of any person subject to the jurisdiction of a Restricted Jurisdiction, (ii) in violation of or as prohibited, restricted, or penalized under applicable law, or (iii) in any way that would violate, be inconsistent with, penalized under, or cause the omission of filing of any report required under applicable law;
Will not, nor will any of your affiliates, engage in any of the activities set forth in the section titled “General Prohibitions;”
Are not otherwise barred from using the Services under applicable law; and
Will accurately and promptly inform us if you know or have reason to know whether any of the foregoing representations or warranties no longer is correct or becomes incorrect.
Trepa may monitor or review activity on the Services for compliance, fraud detection, sanctions screening, market manipulation, or other unlawful or suspicious conduct. Trepa may request information from you at any time, and failure to provide such information may result in suspension or termination of access to the Services.
In addition to any other prohibitions set forth in these Terms, you agree not to do, and not to allow a third party to do, any of the following:
Use, or allow a third party to use, the Services in a manner that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Use, display, mirror or frame the Services or any individual element within the Services, Trepa’s name, any Trepa trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Trepa’s express written consent;
Access, tamper with, or use non-public areas of the Services, Trepa’s computer systems, or the technical delivery systems of Trepa’s providers;
Attempt to probe, scan or test the vulnerability of any Trepa system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Trepa or any of Trepa’s providers or any other third party (including another user) to protect the Services;
Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Trepa or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Trepa trademark, logo, URL or product name without Trepa’s express written consent;
Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services (unless applicable law permits, despite this limitation);
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation;
Systematically retrieve data or content from the Services to create a collection or database;
Decieving or misleading any other user or us, especially in any attempt to learn sensitive account information such as user passwords;
Disparage Trepa or any other user, as determined in our sole discretion;
Harass, abuse, or harm any other user or third-party using any information obtained from the Services;
Framing or linking your platform, website or application to the Platform without our prior written consent;
Use scripts, data-mining, robots, or similar data gathering tools to send comments or messages;
Upload any materials that actively or passively collects information or acts as a transmission mechanism (includes gifs, 1x1 pixels, web bugs, cookies, spyware, pcms, etc.);
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;
Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software;
Take any action designed to trick any reward mechanisms to distribute more rewards to you in a manner not intended by Trepa, as determined by Trepa in its sole discretion; orEncourage or enable any other individual to do any of the foregoing.
Trepa is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
You agree to pay for any products and services we sell or provide on the Platform, without limitation, by submitting the applicable purchase price in the amount and in the form set forth on the Platform. In the event that such payments are made with cryptocurrency, we will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. Trepa Parties will have no liability to you or to any third party for any and all charges, promises, actions, causes of action, covenants, contracts, controversies, agreements, complaints, claims, liabilities, obligations, suits, demands, grievances, arbitrations, costs, losses, debts and expenses, including attorney’s fees, of any nature whatsoever, known or unknown, foreseen or unforeseen (hereinafter, “Claims”) that may arise as a result of any transactions that you engage or any other transactions that you conduct via the applicable blockchain. We will not refund any fees under any circumstances.
You acknowledge and agree that Trepa may charge transaction fees (the “Platform Transaction Fees”), which may deducted from and, consequently, reduce any Rewards you may be entitled to. You acknowledge and agree that Trepa may change the amount a Platform Transaction Fee may be and how the same may be collected in its sole discretion.
THE SERVICES AND PLATFORM ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OR WHETHER OBTAINED FROM TREPA, ANY USER OR OTHERWISE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. FURTHER, TREPA MAKES NO WARRANTY THAT THE CONTENT, OR THE SERVICES OR ANY OF ITS COMPONENT FEATURES AND FUNCTIONALITIES WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TREPA DOES NOT WARRANT OR GUARANTEE: (I) ANY RESULTS FROM THE USE OF THE SERVICES OR CONTENT; OR (II) THAT THE SERVICES OR CONTENT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. TREPA HEREBY SPECIFICALLY DISCLAIMS ALL LIABILITY ARISING FROM ALL THIRD-PARTY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT TREPA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE POTENTIAL REWARDS, TIPS, AND / OR BENEFITS YOU MAY RECEIVE.
By using the Services, you acknowledge, understand, and agree that engaging in transactions involving Digital Assets carries significant risks (collectively, the “Risks”). Trepa makes no representations or warranties that use of the Services is appropriate for use in any jurisdiction. You use the Services at your own risk and are responsible for compliance with applicable laws. You confirm that you have read, understood, and accepted the below Risks. You understand there are Risks associated with using the Services and holding, transferring, engaging with or otherwise using Digital Assets, including, but not limited to, the risks of / that:
Interacting directly or indirectly with blockchains and blockchain-based smart contracts. These technologies, especially Digital Assets, are inherently volatile and blockchain-based systems may experience errors, bugs, cyberattacks, smart contract vulnerabilities, forks, attacks, downtime, or failures; potentially leading to a total loss of your Digital Assets or funds.
The immutability of Digital Asset transfers. Digital Asset transfers are permanent and immutable. Once confirmed, transactions (including programmed data associated with a Digital Asset transfer) cannot be undone by you or us.
Loss of Wallet access, through any means including lost private keys, forgotten passwords, or hardware failure, results in permanent loss of all associated assets.
All technical risks, including, but not limited to, failure of the Platform and / or any third-party software used in connection with the Platform or linked to through the Platform and smart contract failures or vulnerabilities that may result in immediate and total loss of all Digital Assets.
General risks associated with dealing in blockchain-based Digital Assets, including, but not limited to (i) extreme price volatility and potential complete loss of value, (ii) regulatory uncertainty, and (iii) market manipulation.
Digital Assets may be subject to regulatory scrutiny or legal changes in one or more jurisdictions. Laws and regulations can change rapidly and may impact the legality, tax treatment, or use of Digital Assets. You are responsible for complying with all applicable laws.
Delays, forks, congestion, or failures in networks outside of Trepa’s control, which may result in transaction failures, loss of funds, or execution at unfavorable prices.
You are unable to exit a position or realize value due to Digital Assets having limited liquidity, making it difficult or impossible to buy, sell or convert them at desired times or prices.
When engaging with third-party protocols, liquidity pools, decentralized finance platforms or service providers through the Services, you bear the risk that such counterparties may fail to perform, become insolvent, or act fraudulently.
The tax treatment of Digital Assets is uncertain and may vary by jurisdiction. You are solely responsible for determining and fulfilling any tax obligations arising from your use of the Services and any Digital Asset transactions.
You, on behalf of yourself and on behalf of your heirs, estate, executors, administrators, agents, beneficiaries, trustees, legal and other representatives, successors and assigns, hereby irrevocably and unconditionally indemnify and release and forever discharge Trepa Parties from any and all Claims that relate to or otherwise involve (i) your access to or use of the Services, (ii) your breach or violation of these Terms or any applicable law or regulation, or (iii) any interaction you have with a third party.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TREPA PARTIES NOR THEIR RESPECTIVE SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TREPA OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL TREPA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE LESSER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE AMOUNTS YOU ACTUALLY PAID TO TREPA IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO SUCH CLAIM.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TREPA AND YOU.
Before initiating arbitration or any legal proceeding, you agree to first contact Trepa at gladys@trepa.io to attempt to resolve the dispute informally. If Trepa and you do not reach a resolution within thirty (30) days of such contact, either party may commence arbitration in accordance with the section titled “Binding Arbitration” below.
You and Trepa agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms, your use of the Services, or the relationship between the parties, shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may assert claims in small claims court in Delaware if those claims qualify.
The arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”) applicable to consumer disputes (if you are an individual) or commercial disputes (if you are a business). The arbitration shall be held in Delaware, or another mutually agreed location.
The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
YOU AND TREPA AGREE THAT ANY CLAIMS SHALL BE BROUGHT INDIVIDUALLY AND NOT ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED BASIS. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.
In the event that the arbitration agreement is found not to apply to you or your claim, you agree that any judicial proceeding (other than small claims actions) shall be brought exclusively in the state or federal courts located in Delaware. You and Trepa consent to venue and personal jurisdiction in those courts.
You may opt out of this arbitration agreement by sending written notice to gladys@trepa.io within thirty (30) days of your initial acceptance of these Terms. Your notice must include your full name, address, and a clear statement that you wish to opt out of arbitration.
We may update the Terms from time to time in our sole discretion. If we do update the Terms, we will post the updated Terms on the Platform and may also send other communications indicating such updates. It’s important that you review the Terms whenever they are updated. If you continue to use the Services after we have posted updated Terms, then it means that you accept and agree to the changes made. If you don’t agree to be bound by the changes, you may not use the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
By using the Platform, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you post on or through the Platform for our current and future business purposes, including to provide, promote, and improve the Services. This includes any digital file, art, or other material linked to or associated with any Digital Assets that are displayed and / or otherwise used to interact on the Platform. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any material that you list, post, promote, or display on or through the Platform. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant us the license described above, and that the content does not violate any laws.
If you comply with these Terms, Trepa grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to use the Services. Except as expressly permitted in these Terms, you may not (and may not allow a third party to): (i) copy, modify or create derivative works based on the Services; (ii) distribute, transfer, sublicense, lease, lend or rent the Services to any third party; (iii) reverse engineer, decompile or disassemble the Services (unless applicable law permits, despite this limitation); or (iv) make the functionality of the Services available to multiple users through any means. You may not (a) use the Services in any manner that could damage, disable, overburden, or impair the servers and other resources of the Platform and / or any applicable blockchain network, (b) interfere with any third party’s use of a Platform and / or any applicable blockchain network, or (c) to knowingly or intentionally cause any other user’s financial loss, emotional distress, or any other form of harm. You may not attempt to gain unauthorized access to any aspect of the Platform or to information for which you have not been granted access.
Trepa and its licensors exclusively own all right, title and interest in and to the Services and its entire contents, features, and functionality, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other applicable laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Trepa’s name and all related names, logos, product and service names, designs, and slogans (“Trepa Branding”) are trademarks of Trepa, its associates, or licensors. Except as otherwise set forth herein, you may not use any Trepa Branding without the prior written permission of Trepa. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
The Platform may contain comments, chat messages, social media posts, discussions, predictions, analysis, or other content generated by users (collectively, “User Content”). Users expressly acknowledge and agree that all User Content reflects solely the opinions of the users who posted such content. The Platform does not endorse, verify, or validate any User Content. No user of the Platform, regardless of their background, credentials, or status, is authorized to provide financial, investment, legal, or professional advice on behalf of the Platform. Users must understand that participating in or relying upon any User Content is done at their own risk.
We may (i) contract with third-parties, including those providing Wallets, decentralized exchanges and other services related to the Services, (ii) refer you to such third parties and (iii) provide links to third-party websites (or other online properties that are not owned or controlled by Trepa) or services that are not under the control of Trepa (collectively, “Third-Party Services”). In addition to these Terms, you may be bound by any additional terms required by providers of Third-Party Services. Trepa makes no representations about and accept no liability for, any Third-Party Services. Trepa is not responsible for the reliability of any Third-Party Services, the services offered thereby, or for their privacy and security policies and procedures. You acknowledge and agree that Trepa has no liability whatsoever with respect to any Third-Party Services.
We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any disclaimers, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
These Terms and any action related thereto will be governed by the laws of the State of Delaware, without regard to its conflict of laws provisions.
These Terms constitute the entire and exclusive understanding and agreement between Trepa and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Trepa and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Trepa’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Trepa may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices or other communications provided by Trepa under these Terms will be given (i) via email, or (ii) by posting to the Platform or Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Trepa’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Trepa. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
You acknowledge and agree that in entering into these Terms and using the Services you have not relied and are not relying on any representations, warranties or other statements whatsoever, whether written or oral (from or by us or any person acting on our behalf) other than those expressly set out in these Terms (or other related documents explicitly referred to herein) and that you do not have any right or remedy rising out of any representation, warranty or other statement not expressly set out in these Terms.
During your use of the Services, you may be charged fees by applicable blockchain networks (collectively, the “Network Fees”). You, and not Trepa, are responsible for paying these Network Fees.
It is your responsibility to determine what, if any, taxes apply to your use of the Services, and to report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your use of the Services, or for collecting, reporting, or remitting any taxes arising from such use. We encourage you to speak with your personal tax advisor regarding the tax implications of your use of the Services.
If you have any questions about these Terms or the Services, please contact Trepa at gladys@trepa.io.