Terms of Service


Page updated: 6 January 2026

1.Preamble

Welcome to the Terms of Service (these “Terms”) for the website gobob.xyz and all subdomains associated thereto (the “Website”). The Website and any content, tools, documentation, features and functionality offered on or through the Website are collectively referred to as the “Functionality”.

The Functionality is provided by Bob Labs, Inc. ("we" or "us") which is a BVI business company whose registered address is Tortola, BVI.

These Terms govern your access to and use of the Functionality. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Functionality, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not proceed.

For purposes of these Terms, “you” and “your” means you as the user of the Functionality. If you use the Functionality on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

SECTION 7 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO AND/OR PRODUCTS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED IN SECTION 7.

2.Overview

2.1.Protocol and Interface

The BOB protocol is a layer-two optimistic rollup protocol that operates with the Bitcoin blockchain (the “Protocol”). The Website includes a web application and user interface located at app.gobob.xyz (the “Interface”), which is part of the Functionality. The Interface displays data and provides certain tools and functionality to facilitate a user’s access to the Protocol, such as enabling a user to interact with a set of bridging smart contracts that have been deployed to the Protocol. The Protocol, including the bridging smart contracts, are not part of this Functionality. There may be other ways to engage with the Protocol other than by using the Interface or the Functionality. Other developers may in the future create their own interfaces to function with the Protocol, and we do not control or take any responsibility for such third party interfaces. We do not control all activity and data on the Protocol itself, nor do we take possession, custody, or control over any digital assets on the Protocol (other than such assets that we hold or custody for ourselves or for third parties that have specifically authorized us to hold or custody such assets on their behalf, and that in each case are transacted in via the Protocol). You acknowledge and agree that we make no representations and warranties with respect to the Protocol. Your use of the Protocol is entirely at your own risk.

2.2.Updates

Monitoring. We may make any improvement, modifications or updates to the Functionality, including but not limited to changes and updates to the underlying software, infrastructure, security protocols, technical configurations or service features (the “Updates”) from time to time. Your continued access and use of the Functionality is subject to such Updates and you shall accept any patches, system upgrades, bug fixes, feature modifications, or other maintenance work that arise out of such Updates. We are not liable for any failure by you to accept and use such Updates in the manner specified or required by us. Although we are not obligated to monitor access to or participation in the Functionality, we have the right to do so for the purpose of operating the Functionality, to ensure compliance with the Terms and to comply with applicable law or other legal requirements.

2.3.Wallets

To avail of certain aspects of the Functionality, you may need to connect a compatible third-party digital wallet (“Wallet”). By using a Wallet in connection with the Functionality, you agree that you are using the Wallet under the terms and conditions of the applicable third-party provider of such Wallet. Wallets are not associated with, maintained by, supported by, or affiliated with us or the BOB Protocol and are the subject to the wallet screening by third-party providers. You acknowledge and agree that we are not party to any transactions conducted while accessing our Interface, and we do not have possession, custody or control over any of your digital assets. When you interact with the Interface, you retain control over your digital assets at all times. We accept no responsibility or liability to you in connection with your use of a Wallet, and we make no representations or warranties regarding how the Functionality will operate or be compatible with any specific Wallet. The private keys necessary to access the assets held in a Wallet are not held by us. We have no ability to help you access or recover your private keys and/or seed phrases for your Wallet. You are solely responsible for maintaining the confidentiality of your private keys and you are responsible for any transactions signed with your private keys.

2.4.Fees

We may charge or pass through fees for some or part of the Functionality we make available to you, including transaction or processing fees, blockchain gas or similar network fees. We will disclose the amount of fees we will charge or pass through to you for the applicable Functionality at the time you access, use or otherwise transact using the Functionality. Although we will attempt to provide accurate fee information, any such information reflects our estimate of fees, which may vary from the fees actually paid to use the Functionality and interact with the applicable blockchain with which the Functionality is compatible. Additionally, your Wallet provider may impose a fee to transact. We are not responsible for any fees charged by a third party. All transactions processed through the Functionality are non-refundable. You will be responsible for paying any and all taxes, duties and assessments now or hereafter claimed or imposed by any governmental authority associated with your use of the Functionality. In certain cases, your transactions through availing of the Functionality may not be successful due to an error with the blockchain or the Wallet. We accept no responsibility or liability to you for any such failed transactions, or any transaction or gas fees that may be incurred by you in connection with such failed transactions. You acknowledge and agree that all information you provide with respect to transactions is accurate, current and complete, and you have the legal right to use such a payment method.

2.5.Eligibility

You must be 18 years of age or older and not be a Prohibited Person to avail of the Functionality. A “Prohibited Person” is any person or entity that is (a) the subject of any financial, economic or trade sanctions administered or enforced by any governmental authority, including being designated on any list of prohibited or restricted parties by any governmental authority, such as the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce Denied Persons List Entity List, the E.U. Consolidated List of persons and the U.K. Consolidated List of Financial Sanctions Targets, (b) located, a resident of or organized in any jurisdiction or territory that is the subject of comprehensive country-wide or regional economic sanctions or has been designated as “terrorist supporting” by the United Nations or the governmental authority of the European Union, United Kingdom or the United States, or (c) owned or controlled by such persons or entities listed in (a)-(b). You acknowledge and agree that you are solely responsible for complying with all applicable laws of the jurisdiction you are a resident of, or located or accessing the Functionality from, in connection with your use of the Functionality. By using the Functionality, you represent and warrant that you meet these requirements and will not be using the Functionality for any illegal activity or to engage in the prohibited activities in Section 2.4.

3.Rights We Grant You

3.1.Documentation

The Functionality may display, include or make available documentation, blog posts and other descriptions or materials provided related to the Protocol (as defined below) (collectively, “Documentation”). The Documentation is part of the Functionality.

3.2.Right to avail of the Functionality

We hereby permit you to avail of the Functionality for your internal use only, provided that you comply with these Terms in connection with all such use. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Functionality (such as the Documentation), we hereby grant you a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to download, access and display such software, content and materials provided to you as part of the Functionality, in each case for the sole purpose of enabling you to use the Functionality as permitted by these Terms. Your access and use of the Functionality may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that we in our sole discretion, may elect to take. Certain elements of the Protocol are made publicly available under an open-source or source-available license (e.g., at github.com/bob-collective/bob), and these Terms do not override or supersede the terms of those licenses.

3.3.Restrictions On Your Availing of the Functionality

You may not do any of the following in connection with your use of the Functionality, unless applicable laws or regulations prohibit these restrictions or you have our permission to do so whether under these Terms or under a separate agreement:

  1. download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Functionality, except for temporary files that are
  2. automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms;
  3. use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Functionality;
  4. use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Functionality;
  5. access or use the Functionality in any manner that could disable, overburden, damage, disrupt or impair the Functionality or interfere with any other party’s access to or use of the Functionality or use any device, software or routine that causes the same;
  6. circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Functionality or the computer systems, wallets, accounts, protocols or networks connected to the Functionality;
  7. use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Functionality to monitor, extract, copy or collect information or data from or through the Functionality, or engage in any manual process to do the same;
  8. introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
  9. submit, transmit, display, perform, post or store any content that is inaccurate, unlawful, or otherwise objectionable;
  10. violate any applicable law or regulation in connection with your access to or use of the Functionality; or
  11. access or use the Functionality in any way not expressly permitted by these Terms.

3.4.Points

You may be able to acquire points through your use of the Functionality (“Points”). Points have no value, and are merely meant to reflect your engagement with the Functionality. We may offer certain functions of the Functionality to users that have accumulated certain Points, but the availability of such functions is subject to change at any time in our sole discretion. You do not own the Points. Points are not a substitute for currency or medium of exchange, and do not have an equivalent value in real currency. You are not allowed to transfer Points outside of the Functionality. You are not allowed to sublicense, trade, sell or attempt to sell Points for money or other consideration, or exchange Points for value of any kind outside of the Functionality. Any such transfer or attempted transfer is prohibited and may cause the Points to be voided. Points are not redeemable, refundable or eligible for any currency or anything else of value.

4.Ownership

4.1.Ownership of the Functionality

The Functionality, including its “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that we and/or our licensors own all right, title and interest in and to the Functionality (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests.

We and our licensors reserve all rights in connection with the Functionality and its content, including, without limitation, the exclusive right to create derivative works.

4.2.Ownership of Feedback

We welcome feedback, bug reports, comments and suggestions for improvements to the Functionality (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Functionality or in any such Feedback. All Feedback becomes our sole and exclusive property and we may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to us any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

5.Third Party Services and Materials

5.1.Third Party Services and Materials

The Functionality may display, include or make available services, content, data, information, applications or materials from third parties or provide links to certain third party websites (“Third-Party Services and Materials”). We do not endorse any Third-Party Services and Materials. You agree that your access and use of such Third-Party Services and Materials is governed solely by the terms and conditions of such Third-Party Services and Materials, as applicable. We are not responsible or liable for, and we make no representations as to any aspect of such Third-Party Services and Materials, including, without limitation, their content or the manner in which they handle, protect, manage or process data or any interaction between you and the provider of such Third-Party Services and Materials. We are not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Services and Materials or websites. You irrevocably waive any claim against us with respect to such Third-Party Services and Materials. We are not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such Third-Party Services and Materials, or your reliance on the privacy practices, data security processes or other policies of such Third-Party Services and Materials. Third-Party Services and Materials and links to other websites are provided solely as a convenience to you.

6.Location of Our Privacy Policy

6.1.Privacy Policy

Our Privacy Policy describes how we handle the information you provide to us when you use the Functionality. For an explanation of our privacy practices, please visit our Privacy Policy located at Website.

6.2.Disclaimers, Limitations of Liability and Indemnification

6.3.Disclaimers

  1. We do not control all activity and data on the Protocol itself, nor do we take possession, custody, or control over any digital assets on the Protocol. You acknowledge and agree that we make no representations and warranties with respect to the Protocol. While we attempt to be as accurate as we can in our Documentation, we do not warrant that the Documentation is accurate, complete, reliable, current, or error-free.
  2. Your access to and use of the Functionality (including, for clarity, the Documentation) and the Protocol is entirely at your own risk. You understand and agree that we provide the Functionality on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, we, our parent company, our affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “Organization Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES RELATING TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, USAGE, QUALITY, PERFORMANCE, SUITABILITY OR FITNESS OF THE FUNCTIONALITY AND THE PROTOCOL FOR ANY PARTICULAR PURPOSE, OR AS TO THE ACCURACY, QUALITY, SEQUENCE, RELIABILITY, WORKMANSHIP OR TECHNICAL CODING THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN WHETHER LATENT OR PATENT. The
  3. Organization Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Functionality (including the Documentation) and the Protocol; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Functionality or the Protocol; (c) the operation or compatibility with any other application or any particular system or device; (d) whether the Functionality or the Protocol will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) whether the Functionality or the Protocol will protect your assets from theft, hacking, cyber attack, or other form of loss caused by third party conduct. Nothing contained in this document, or the Functionality constitutes, or is meant to constitute, financial, legal or other professional advice of any kind. If you require advice in relation to any financial, legal or other professional matter you should consult an appropriate professional. No advice or information, whether oral or written, obtained from the Organization Entities or through the Functionality, will create any warranty or representation not expressly made herein.
  4. THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN SECTION 6.2 BELOW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
  5. THE ORGANIZATION ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR FUNCTIONALITY.
  6. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE ORGANIZATION ENTITIES WILL BE RESPONSIBLE FOR.

6.4.Limitations of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE ORGANIZATION ENTITIES AND MULTISIG HOLDERS BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS, FUNCTIONALITY OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE FUNCTIONALITY), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE FUNCTIONALITY OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE ORGANIZATION ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE FUNCTIONALITY. THE ORGANIZATION ENTITIES’ AND MULTISIG HOLDERS TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE ORGANIZATION ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE FUNCTIONALITY (OR OFFERINGS PURCHASED ON OR VIA THE FUNCTIONALITY) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

6.5.Acknowledgement; Assumption of Risks

  1. By availing of the Functionality, you represent that you have sufficient knowledge and experience in crypto, business and financial matters, including a sufficient understanding of blockchain technologies, cryptocurrencies and other digital assets, storage mechanisms, and blockchain-based software systems to be able to assess and evaluate the risks and benefits of the Functionality contemplated hereunder, and will bear the risks thereof, including loss of all amounts paid, and the risk that the cryptocurrencies and other digital assets may have little or no value. You acknowledge and agree that there are risks associated with purchasing and holding cryptocurrency and using blockchain technology. These include, but are not limited to, risk of losing access to cryptocurrency due to slashing, loss of private key(s), custodial error or purchaser error, risk of mining or blockchain attacks, risk of hacking and security weaknesses, risk of unfavorable regulatory intervention in one or more jurisdictions, risk related to token taxation, risk of personal information disclosure, risk of uninsured losses, volatility risks, and unanticipated risks.
  2. You acknowledge that cryptocurrencies and other similar digital assets are neither (i) deposits of or guaranteed by a bank or other regulated financial services provider nor (ii) insured by the FDIC or by any other person, including any governmental agency.
  3. There are certain multi-signature crypto wallets (the “MultiSigs”, and the signatories to such MultiSigs, the “MultiSig Holders”) that have certain controls related to the Protocol, that may include, but are not limited to, the ability to influence upgrades to ERC-20 asset bridges on the Protocol (“Asset Bridges”) and certain other controls of the functionality of the Protocol as described in the Documentation or in public communications made by us. Certain MultiSigs may be controlled by us or MultiSig Holders that are employed or engaged by us, and certain other MultiSigs will be controlled partially or entirely by MultiSig Holders that are unaffiliated third parties over which we have no or limited control. We will not be able to control the actions of such MultiSig Holders if they are not employed or engaged by us and thus certain MultiSigs will be outside of our control. In addition, we currently plan to transfer each of these MultiSigs to the entity or project that launched the digital asset that is subject to the Asset Bridge. After such transfer, such MultiSigs will be controlled by the entity or project that launched the related digital asset, and not by us or by MultiSig Holders that were engaged by us.
  4. Smart contracts execute automatically when certain conditions are met. We do not have the ability to reverse a transaction that is recorded on a public blockchain. You are responsible for ensuring that any details entered you enter in connection with a transaction using any smart contracts are accurate and complete. Further, since smart contracts typically cannot be stopped or reversed, vulnerabilities in their programming and design or other vulnerabilities that may arise due to hacking or other security incidents can have adverse effects to digital assets, including but not limited to significant volatility and risk of loss.
  5. We cannot control how third-party exchange platforms quote or value cryptocurrencies and other digital assets and we expressly deny and disclaim any liability to you and deny any obligations to indemnify or hold you harmless for any losses you may incur as a result of fluctuations in the value of cryptocurrencies or other digital assets.
  6. You acknowledge that there are inherent risks associated with using or interacting with public blockchains and blockchain technology. There is no guarantee that such technology will be unavailable or subject to errors, hacking or other security risks. Underlying blockchain protocols may also be subject to sudden changes in operating rules, including forks, and it is your responsibility to make yourself aware of upcoming operating changes.

6.6.Indemnification

By entering into these Terms and accessing, availing of or using the Functionality, you agree that you shall defend, indemnify and hold the Organization Entities and MultiSig Holders harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Organization Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Functionality; or (d) your negligence or wilful misconduct. If you are obligated to indemnify any Organization Entity hereunder, then you agree we (or, at its discretion, the applicable Organization Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether we wish to settle, and if so, on what terms, and you agree to fully cooperate with us in the defense or settlement of such claim.

6.7.Third Party Beneficiaries

You and the we acknowledge and agree that the Organization Entities (other than us) and the MultiSig Holders are third party beneficiaries of these Terms, including under Sections 6 and 7.

7.ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

7.1.Informal Process First

You and we agree that in the event of any dispute between you and the Organization Entities or the MultiSig Holders, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond. Both you and we agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

7.2.Arbitration Agreement

After the informal dispute resolution process, any remaining dispute, controversy, or claim relating in any way to these Terms, and any non-contractual rights or obligations arising out of or in connection with them, the Functionality, any use or access or lack of access thereto, and any other usage of the Protocol even if interacted with outside of the Functionality (collectively, “Claim”), will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and we agree that any Claim will be settled by mandatory final and binding individual (not class) arbitration. You and we further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited disclosure than in court. The arbitrator must follow this agreement and can award damages and grant relief as if he or she were a court of law in the British Virgin Islands (including, if applicable, costs), except that the arbitrator may not grant declaratory or injunctive relief in favour of anyone but the parties to the arbitration. The arbitration provisions set forth in this Section 7 will survive termination of the Terms.

7.3.Rules of Arbitration

Any such Claim of whatsoever nature arising hereunder or in connection herewith, or in relation to the Functionality, will be referred to and finally determined by arbitration administered by JAMS in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of three arbitrators. The place of arbitration will be the British Virgin Islands. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

Within fifteen (15) days after the commencement of arbitration, each party shall select one person to act as arbitrator, and the two so selected shall select a third arbitrator within thirty (30) days of the commencement of the arbitration. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator within the allotted time, the third arbitrator shall be appointed by JAMS in accordance with its rules. All arbitrators shall serve as neutral, independent, and impartial arbitrators.

In any arbitration arising out of or related to these Terms or the Functionality, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.

In any arbitration arising out of or related to these Terms or the Functionality, the arbitrators may not award any incidental, indirect, or consequential damages, including damages for lost profits.

In any arbitration arising out of or related to these Terms or the Functionality, the arbitrators shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrators determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrators may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

7.4.Time for Filing

ANY ARBITRATION AGAINST US OR ANY OF THE ORGANIZATION PARTIES MUST BE COMMENCED BY SERVING A REQUEST FOR ARBITRATION BY EMAIL TO legal@gobob.xyz REQUESTING THAT THE DISPUTE BE REFERRED TO ARBITRATION WITHIN ONE (1) YEAR AFTER THE DATE THE USER ASSERTING THE CLAIM FIRST FOUND OUT OR REASONABLY SHOULD HAVE FOUND OUT THE

ALLEGED ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM IF NO REQUEST FOR ARBITRATION IS SERVED ON US WITHIN THAT TIME PERIOD.

7.5.Notice

If we request arbitration against you, we will serve the Request for Arbitration at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective and sufficient for all purposes, including without limitation to determinations of the adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with us is up-to-date and accurate.

7.6.Confidentiality

You and we agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration shall not be disclosed to third party except the tribunal, the parties, their counsels, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other persons necessary to the conduct of the arbitration, or as necessary should there be a challenge to an arbitral award made pursuant to these provisions.

Notwithstanding the foregoing, a party may disclose such confidential information to the extent that disclosure is required to fulfil a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of the Terms and conclusion or stay of any arbitration brought pursuant to the Terms.

7.7.Opt-Out

You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to legal@gobob.xyz. The notice must be sent to us within thirty (30) days of your first registering to use the Functionality or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, you will not be bound by them.

7.8.WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS

You and we agree that any claims relating to the Terms or to your relationship with us as a user (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Terms) shall be brought against us in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class, group litigation order, collective proceedings order, or representative action. You further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without our consent. You hereby waive your rights to file a combined arbitration brought by multiple claimants against us, and/or to seek the consolidation of multiple arbitrations and the joinder of additional parties to any arbitration. Any tribunal constituted under this agreement shall have no powers of consolidation or joinder, or any other basis to determine any claims other than on an individual basis.

IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.

8.Additional Provisions

8.1.Updating These Terms

We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Functionality after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.

8.2.Suspension; Termination

If you breach any of the provisions of these Terms, all licenses granted by us will terminate automatically. Additionally, we may, in its sole discretion, suspend or terminate your access to or use of any of the Functionality, with or without notice, for any or no reason, including, without limitation, (i) if we believe, in our sole discretion, you have engaged in any of the prohibited activities set forth in Section 2.4; (ii) if you provide any incomplete, incorrect or false information to us; (iii) if you have breached any portion of these Terms; and/or (iv) if we determine such action is necessary to comply with these Terms, any of our policies, procedures or practices, or any law rule or regulation. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by us or you. Termination will not limit any of our other rights or remedies at law or in equity.

Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to us for which monetary damages would not be an adequate remedy and we shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

8.3.Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to us for which monetary damages would not be an adequate remedy and we shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

8.4.Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of our obligations under these Terms or in providing the Functionality, when and to the extent such failure or delay is caused by or results from any events beyond our ability to control, including acts of God; flood, fire, earthquake, epidemics, pandemics, tsunami, explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, government order, law, or action, embargoes or blockades, strikes, labor stoppages or slowdowns or other industrial disturbances, shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity, and other similar events beyond our control.

8.5.Miscellaneous

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by us but may not be assigned by you without our prior express written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. These Terms are governed by the laws of England & Wales, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitral Tribunal chosen in accordance with the JAMS International Arbitration Rules as set out above, unless this is prohibited by the laws of the country where you reside.

8.6.How to Contact Us

You may contact us regarding the Functionality or these Terms by e-mail at legal@gobob.xyz.