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Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the GaiaEx mobile application, website, and related services (collectively, the "Services"). GaiaEx provides a non-custodial digital asset wallet interface and access to decentralized blockchain protocols. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

2. Nature of the Services

GaiaEx provides:

  • A self-custodial digital asset wallet interface
  • Access to decentralized token swap infrastructure
  • Access to blockchain-based trading protocols
  • User interface tools for interacting with public distributed ledger networks

GaiaEx does not:

  • Custody digital assets
  • Control private keys
  • Operate a centralized exchange
  • Act as broker, dealer, counterparty, or clearing agent
  • Provide investment, legal, or financial advice

All transactions are executed directly on blockchain networks by users.

3. Eligibility

You represent and warrant that:

  • You are at least 18 years old
  • You have full legal capacity to enter into binding agreements
  • You are not subject to sanctions or trade restrictions
  • Your use of the Services complies with applicable laws

Access to the Services is subject to jurisdictional limitations. GaiaEx prohibits and will restrict access from sanctioned jurisdictions (including those designated by the UN, US, EU, and UK) and from any jurisdiction where use of the Services may be unlawful. Certain products, including synthetic instruments that track the price of equities, indices, or commodities, are high-risk derivative products and are NOT offered to, and may not be accessed by, any person located in the United States, the United Kingdom, Canada, Australia, Hong Kong, Singapore, or any other jurisdiction where such products are restricted or require local licensing. By accessing or trading such products, you represent and warrant that you are not a resident of, nor located in, any restricted jurisdiction. You may not use any technical means, including a VPN, to circumvent these restrictions.

4. Self-Custody and User Responsibility

The Services are non-custodial. You are solely responsible for:

  • Managing and safeguarding your private keys and recovery phrases
  • Authorizing and confirming blockchain transactions
  • Verifying transaction details prior to submission
  • Understanding smart contract risks

GaiaEx cannot:

  • Recover lost private keys
  • Reverse blockchain transactions
  • Freeze, modify, or cancel on-chain transactions

5. Blockchain Transactions

All transactions initiated through the Services are:

  • Executed on public blockchain networks
  • Irreversible once confirmed
  • Subject to network fees (gas fees) determined by blockchain protocols

GaiaEx does not control blockchain networks, validators, or transaction finality.

6. Third-Party Protocols and Infrastructure

The Services may enable interaction with third-party decentralized protocols, liquidity providers, or blockchain infrastructure. GaiaEx does not own or control such protocols, guarantee performance or availability, audit or verify smart contracts, or guarantee pricing, liquidity, or execution quality. Your interaction with third-party protocols is at your own risk.

7. Fees

GaiaEx may charge interface or service fees for certain transactions. All applicable fees will be disclosed prior to transaction confirmation. Blockchain network fees are separate and are paid directly to the relevant network. Fees are non-refundable once transactions are executed on-chain.

8. Regulatory Compliance

GaiaEx is committed to compliance with applicable virtual asset service provider regulations in the jurisdictions where it offers services. GaiaEx actively monitors the evolving regulatory landscape, including the Markets in Crypto-Assets (MiCA) regulation in the European Union, and will pursue authorizations as required. Where required by law, GaiaEx may request identity verification, conduct compliance reviews, or restrict or suspend access. Users agree to cooperate with lawful compliance requests. GaiaEx is a non-custodial digital asset technology platform. The GaiaEx platform and website are operated by GaiaEx Limited, a company incorporated in Colorado, USA (“GaiaEx”). GaiaEx holds active registration as a Money Services Business (MSB) with FinCEN and is the contracting entity for third-party service providers, including payment processing. Such registration does not constitute endorsement or approval of the platform by any governmental authority.

9. Risk Disclosure

Digital asset transactions involve significant risk, including:

  • Extreme volatility
  • Smart contract vulnerabilities
  • Liquidity risks
  • Regulatory uncertainty
  • Complete loss of funds

You acknowledge and accept all risks associated with blockchain transactions. You are solely responsible for your decisions. GaiaEx does not provide investment advice.

10. No Fiduciary Relationship

Nothing in these Terms creates:

  • A fiduciary relationship
  • A brokerage relationship
  • An agency relationship
  • A partnership or joint venture

GaiaEx provides technical access tools only.

11. Suspension and Termination

GaiaEx may suspend or restrict access if:

  • Required by law
  • Necessary for compliance
  • Suspicious or unlawful activity is detected
  • These Terms are violated

Because GaiaEx is non-custodial, suspension does not affect blockchain wallet access outside the Services.

12. Intellectual Property

All intellectual property related to the GaiaEx interface, branding, and software remains the property of GaiaEx. Users may not copy, modify, reverse engineer, or distribute the Services without authorization.

13. Limitation of Liability

To the maximum extent permitted by law, the Services are provided as-is and as-available. GaiaEx makes no warranties regarding availability, performance, or fitness for a particular purpose.

GaiaEx is not liable for:

  • Loss of digital assets
  • Smart contract vulnerabilities
  • Blockchain network failures
  • Third-party protocol issues
  • Market losses
  • Transaction execution delays

Total liability shall not exceed fees paid to GaiaEx in the twelve (12) months preceding the claim.

14. Indemnification

You agree to indemnify and hold harmless GaiaEx and its affiliates from any claims, losses, liabilities, damages, or expenses arising from: your use of the Services, your violation of these Terms, your interaction with third-party protocols, or your violation of applicable laws.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Colorado, USA, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms shall be resolved exclusively through binding, individual arbitration administered by JAMS, and not by way of class, collective, or representative action. Each party waives any right to a jury trial. Nothing herein prevents either party from seeking injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information.

16. Amendments

GaiaEx may update these Terms from time to time. Continued use of the Services constitutes acceptance of the revised Terms.

17. Contact

For inquiries regarding these Terms:

Email: support[at]gaiaex.com