(a) YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION OR NON-PARTICIPATION OF THE Gate WEB3 WALLET AND RELATED SERVICES ARE AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY UNDER THIS AGREEMENT. ALL PRODUCTS AND SERVICES PROVIDED TO YOU THROUGH THE Gate WEB3 WALLET AND RELATED SERVICES PROVIDED TO YOU ARE STRICTLY OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND Gate AND ITS AFFILIATES OR ITS SERVICE PROVIDERS OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES TO YOU OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, NO ERRORS OR OMISSIONS, CONTINUITY, ACCURACY, RELIABILITY OF THE Gate WEB3 WALLET. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Gate DOES NOT MAKE ANY UNDERTAKINGS AND WARRANTIES FOR THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR TIMELINESS OF THE TECHNOLOGY AND INFORMATION IN CONNECTION WITH THE Gate WEB3 WALLET OR OTHER SERVICES PROVIDED BY GATE. (b) NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY OF EITHER PARTY FOR FRAUD, DEATH OR BODILY INJURY CAUSED BY GROSS NEGLIGENCE, VIOLATION OF LAWS, OR ANY OTHER ACTIVITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW OR REGULATIONS. (c) You agree and accept that the aggregate liability of Gate shall not exceed the aggregate amount of fees that Gate received from you in the past twelve (12) months. (d) We cannot control the quality, safety or legality of Third Party Services, and the authenticity or accuracy of the information provided by third party. Any transactions taking place between you and any providers of Third Party Services are committed at your own risk. No representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the Third Party Third Party Services and we disclaim all warranties, including any implied or express warranties that such content or services will be uninterrupted, error free or free of harmful components and that any content will be secure or no otherwise lost or altered. You agree that we are not responsible for verifying the legitimacy, safety or suitability of any third party applications or tokens that you may interact with or receive using the Web3 Wallet Services. You are aware that there are technical measures in certain Web3 Wallet Services that may improve user safety, and you are solely responsible for understanding how they function and using them as appropriate. (e) You agree and accept that if the Platform cannot function properly or the Web3 Wallet Services is interrupted arising from the following conditions, such that you are unable to use the Web3 Wallet Services or cannot make commands or perform related trading operations, including but not limited to failure, delay, interruption, no system response, delayed system response or any other abnormal circumstances, Gate and its affiliates shall not be liable for any losses. These circumstances include but are not limited to: (i) Service suspension for maintenance; (ii) Hacker attack(s) on Gate for purposes including but not limited to stealing user account passwords, secret keys, API key(s), and other information, that result in losses caused by illegal hacking into the user’s accounts and / or illegal transfer of Digital Assets; (iii) System failure to transmit data as a result of telecom equipment failures; (iv) Force Majeure events or accidents, such as but not limited to typhoons, earthquakes, tsunamis, flooding, plagues, epidemics, power outage, war, turmoil, government actions, terrorist attacks and any other events that may lead to the suspension of Gate and/or its Services; (v) Service interruption or delay arising from hacking, computer virus, technical adjustment or failure, website upgrades, banking issues, temporary closure arising from government regulations and any other reasons; (vi) Service interruption or delay caused by the Platform’s computer system being damaged, defective or unable to perform normally; (vii) Losses arising from technical problems that cannot be predicted or solved by existing technical forces in the industry; (viii) Losses suffered by you or other third parties arising from the fault or delay of the third party; (ix) Losses suffered by you or other third parties arising from changes in applicable laws; (x) Losses suffered by you or other third parties arising from force majeure events or accidents caused by other objectively unforeseeable, unavoidable and/or unsolvable circumstances; or (xi) Other Losses not attributable to Gate due to external uncontrollable events.

9 MISCELLANEOUS

(a) Acceptance of All Terms and Conditions. By using the Web3 Wallet Services, you agree that you have read, understood and accepted this Agreement and all relevant transactions and operational rules in connection with the Web3 Wallet Services, and you agree to be legally bound by the terms and conditions hereof. Please also carefully read all terms of service, privacy policies, and relevant transactional and operational rules (as amended from time to time) published on platforms of Third Party Services. Use of the Web3 Wallet Services is only allowed after you have read, understood, and agreed to all relevant rules and policies. (b) Force Majeure. Gate shall not be liable for any inaccuracy, error, failure, delay in, or omission of (i) any information, (ii) the transmission or delivery of information, or (iii) carrying out its obligations under this Agreement; any loss or damage in any and all cases arising from any event beyond Gate’s reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, terrorist attacks, market failure or disruption, telecommunications or network breakdown or disruption, communications, power failure, attacks on the security, integrity or operation of the Account, or equipment or software malfunction or any other cause beyond Gates’s reasonable control. (c) Translation. Gate may in its sole and absolute discretion translate this Agreement into a language other than the English language. You agree that any such translation shall be for your convenience and reference only and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text. (d)* Amendments*. Gate reserves the unilateral right to alter, revise, modify, and/or amend this Agreement and the terms, conditions, and specific features of the Gate Web3 Wallet Services including, without limitation, transaction fees, and any other procedural or substantive aspect of the Gate Web3 Wallet Services as it deems necessary or desirable without prior notice to you. Such amendments shall be made in accordance with prevailing industry standards, operational requirements, and in response to feedback, technological advancements, or strategic direction changes. Any such amendments will take effect immediately upon being published on the Sites. It is your responsibility to regularly check relevant pages on the Sites to confirm the latest version of this Agreement. We may but are not obligated to notify you of updates to this Agreement via email or website announcement. Your continued access and use of the Sites and any Services following any amendments to this Agreement shall indicate your acceptance of such amendments. If you do not agree to any such amendments, you should immediately cease to access and/or participate in the Gate Web3 Wallet Services. (e) Severability. If any provisions of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired in any way. However, if any provisions of this Agreement shall be invalid, illegal or unenforceable under any such applicable law in any jurisdiction, it shall, as to such jurisdiction, be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it shall be invalid, illegal or unenforceable only to the extent of such invalidity, illegality or limitation on enforceability without affecting the remaining provisions of this Agreement, or the validity, legality or enforceability of such provision in any other jurisdiction. (f)* Assignment*. You may not assign or transfer any right or obligations under this Agreement without prior written consent from us, including any right or obligation related to the enforcement of laws or the change of control. We may assign or transfer any or all of its rights or obligations under this Agreement, in whole or in part, without notice or obtaining your consent or approval. (g) Waiver. No failure or delay by Gate in exercising any right, power or remedy it is entitled to under this Agreement or by stipulation of law or regulation shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of such rights, power or remedies. (h) Governing law. This Agreement, your participation of the Gate Web3 Wallet, any claim, counterclaim or dispute of any kind or nature whatsoever arising out of this Agreement, directly or indirectly, shall be governed by, and construed in accordance with the laws of the Republic of Panama without regard to the principles of conflicts of laws thereof. (i) Dispute Resolution. Any dispute arising out of or in connection with this Agreement or any document or transaction in connection with this Agreement (including any dispute or claim relating to: (i) the existence, validity or termination of this Agreement; and (ii) any non-contractual obligations arising out of or in connection with this Agreement (“Dispute”) shall at first instance be referred to and resolved amicably through negotiation. In the event that the Dispute fails to be resolved by negotiation within thirty (30) days from the initiation of such negotiations by issuance of a notice of Dispute by one party to the other party, such Dispute shall be referred to and finally resolved by arbitration in Panama to the exclusion of the ordinary courts, in accordance with the Arbitration Rules of the International Chamber of Commerce for the time being in force which rules are deemed to be incorporated by reference in this clause. The seat of arbitration shall be Panama. The arbitration tribunal shall consist of one arbitrator. The language of the arbitration shall be in English. Following the commencement of arbitration, you agree that you will attempt in good faith to resolve the Dispute through mediation. Any settlement reached in the course of the mediation shall be referred to the then-seating arbitral tribunal and maybe made a consent award on agreed terms. (j) No offer to U.S. persons. The content contained on the Sites does not constitute an offer or sale of securities in or into the United States, or to or for the account or benefit of U.S. persons, or in any other jurisdictions where it is unlawful to do so. Transfer of tokens may be subject to legal restrictions under applicable laws. Under no circumstances shall the tokens be reoffered, resold or transferred within the United States or to, or for the account or benefit of, U.S. persons, except pursuant to an exemption from, or in a transaction not subject to, the registration requirements of the U.S. Securities Act of 1933, as amended. Any public offering of the tokens to be made in the United States will be made by means of a prospectus that may be obtained from the issuer or the selling Digital Asset holder and that will contain detailed information about the company and management, as well as financial statements. (k) Final Decision. For any matters not covered by this Agreement, we reserve the sole and final discretion of final interpretation to the maximum extent permitted by applicable laws.

To view Part 1 of the Service Agreement, please click here.

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