Terms of Service
Last Updated: January 13, 2026
These Terms of Service (the "Agreement") constitute a legally binding agreement between you ("you," "your," or "User") and Obsidian Software LLC, a Puerto Rico limited liability company ("Obsidian," "we," "us," or "our"). This Agreement governs your access to and use of the Tradecraft website located at https://tradecraft.fi (the "Website"), the Tradecraft web application, and any other software, tools, features, or functionalities provided by Obsidian in connection therewith (collectively, the "Interface").
BY ACCESSING OR USING THE INTERFACE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE INTERFACE.
1. THE INTERFACE AND THE PROTOCOL
1.1 The Interface
The Interface is a web-hosted user interface that provides a convenient means of accessing the Tradecraft Protocol (defined below). The Interface is operated and maintained by Obsidian Software LLC. Through the Interface, users may interact with the Tradecraft Protocol to execute cryptocurrency swaps, provide liquidity to decentralized liquidity pools, and perform related functions.
1.2 The Protocol
The "Tradecraft Protocol" refers to a set of autonomous, self-executing smart contracts deployed on the Canton Network blockchain that implement automated market maker ("AMM") functionality enabling peer-to-peer cryptocurrency swaps without the need for a centralized intermediary. The Tradecraft Protocol operates independently of the Interface and independently of Obsidian.
1.3 The Interface Is Distinct from the Protocol
You expressly acknowledge and agree that the Interface and the Tradecraft Protocol are separate and distinct. Obsidian provides the Interface as one means of accessing the Tradecraft Protocol, but Obsidian does not own, control, operate, or maintain the Tradecraft Protocol. The Tradecraft Protocol consists of autonomous smart contracts that execute automatically based on their underlying code without any intervention, control, or discretion exercised by Obsidian.
Obsidian does not operate any liquidity pools, does not act as a counterparty to any transaction, and does not hold, custody, or control any user funds at any time. When you execute a swap or provide liquidity through the Interface, you are interacting directly with the Tradecraft Protocol's smart contracts on the Canton Network—not with Obsidian.
1.4 Third-Party Protocol Access
The Tradecraft Protocol may be accessed through means other than the Interface, including through third-party interfaces, direct smart contract interaction, or other methods. Obsidian is not responsible for and makes no representations regarding any third-party means of accessing the Protocol.
2. ELIGIBILITY AND ACCESS
2.1 Age and Capacity
You represent and warrant that you are at least eighteen (18) years of age or the age of legal majority in your jurisdiction (whichever is greater) and have the legal capacity to enter into this Agreement.
2.2 Authority
If you are accessing or using the Interface on behalf of a legal entity, you represent and warrant that you have the legal authority to bind that entity to this Agreement, and all references to "you" shall include that entity.
2.3 Compliance with Laws
You represent and warrant that your access to and use of the Interface complies with all applicable laws, regulations, and rules in your jurisdiction, including but not limited to laws relating to securities, commodities, money transmission, taxation, and anti-money laundering.
2.4 Prohibited Jurisdictions and Persons
You represent and warrant that you are not: (a) a citizen or resident of, or located in, a geographic area that is subject to comprehensive United States or other applicable sanctions or embargoes, including but not limited to Iran, Cuba, North Korea, Syria, Myanmar (Burma), the Crimea region of Ukraine, the so-called Donetsk People's Republic, or the so-called Luhansk People's Republic; (b) an individual or entity listed on any applicable sanctions list, including but not limited to the United States Treasury Department's Office of Foreign Assets Control ("OFAC") Specially Designated Nationals and Blocked Persons List, the United Nations Security Council Consolidated List, or the European Union Consolidated List; (c) otherwise prohibited by applicable law from accessing or using the Interface; or (d) accessing or using the Interface on behalf of any person or entity described in clauses (a) through (c).
2.5 Prohibition on Circumvention
You agree that you will not use any virtual private network ("VPN"), proxy service, or any other technology or mechanism to circumvent the geographic restrictions or eligibility requirements set forth in this Agreement. Any attempt to access the Interface through such means is a material breach of this Agreement.
3. NON-CUSTODIAL NATURE OF THE INTERFACE
3.1 Non-Custodial Service
The Interface is a purely non-custodial application. Obsidian does not at any time have custody, possession, or control of your digital assets, private keys, passwords, or any other credentials associated with your digital asset wallet. You are solely responsible for the custody and security of the cryptographic private keys to any digital asset wallets you use in connection with the Interface.
3.2 Wallet Connection
To access and use certain features of the Interface, you must connect a compatible, non-custodial digital asset wallet. By connecting your wallet to the Interface, you authorize the Interface to interact with your wallet to the extent necessary to facilitate your requested transactions. You understand and agree that Obsidian does not operate, maintain, or have any control over any third-party wallet software you use.
3.3 No Recovery of Assets
Because Obsidian does not have custody or control over the contents of your wallet, Obsidian cannot retrieve, recover, freeze, transfer, or return any digital assets. If you lose access to your wallet, private keys, or seed phrase, your digital assets may become permanently inaccessible. Obsidian has no ability or obligation to assist you in recovering lost assets.
3.4 Transaction Responsibility
You are solely responsible for all transactions you initiate through the Interface. Once a transaction is broadcast to the Canton Network and confirmed by the network's validators, it is irreversible. Obsidian cannot reverse, cancel, or modify any transaction once it has been submitted.
4. MAGIC ADDRESSES
4.1 Description of Magic Addresses
The Interface includes a feature known as "Magic Addresses," which allows users to send digital assets to designated Canton Network addresses controlled by Obsidian to automatically execute predefined actions. For example, a user may send Canton Coin ("CC") to a specific Magic Address associated with the CC/CBTC liquidity pool, whereupon the system will automatically swap the CC for CBTC and return the CBTC to the sending wallet address.
4.2 Non-Custodial Execution
Notwithstanding that Magic Addresses are controlled by Obsidian, the Magic Addresses feature operates on a non-custodial basis through atomically executed operations. This means that the receipt of assets, execution of the requested action, and return of assets occur within a single atomic transaction—either all steps complete successfully, or no steps complete. At no point does Obsidian hold user assets outside of the atomic transaction execution.
4.3 User Responsibility for Correct Addresses
You are solely responsible for ensuring that you send digital assets to the correct Magic Address for your intended transaction. Sending assets to an incorrect address may result in the permanent and irrecoverable loss of your assets.
4.4 No Responsibility for Misplaced Funds
Obsidian expressly disclaims any responsibility or liability for digital assets sent to incorrect addresses, including but not limited to assets sent to the wrong Magic Address, assets sent to Magic Addresses that do not support the sent asset type, assets sent to non-Magic addresses, or assets lost due to any other user error in specifying the recipient address. You acknowledge and agree that any such loss is solely your responsibility.
4.5 Verification Requirement
Before using any Magic Address, you agree to verify the correct address for your intended transaction through the official Interface at https://tradecraft.fi. Obsidian is not responsible for losses resulting from reliance on Magic Address information obtained from any source other than the official Interface.
4.6 No Guarantee of Returned Token Amounts
Using a Magic Address does not guarantee any specific amount of returned tokens. The actual amount of tokens you receive may differ from quotes, estimates, or pricing information displayed by the Interface, our application programming interface ("API"), or any other source of data provided by Obsidian, due to slippage, market movements, or other factors. Obtaining a quote or pricing information from any Obsidian data source does not constitute a guarantee, commitment, or promise that you will receive that amount when executing a transaction through a Magic Address.
5. PROHIBITED ACTIVITIES
You agree not to engage in any of the following prohibited activities in connection with your access to or use of the Interface:
5.1 Illegal Activity
Using the Interface for any purpose that is unlawful or prohibited by this Agreement, or to facilitate any illegal activity including but not limited to money laundering, terrorist financing, tax evasion, fraud, or the purchase or sale of illegal goods or services.
5.2 Sanctions Violations
Using the Interface in any manner that would cause Obsidian or any other person to violate any applicable sanctions laws or regulations, including OFAC regulations.
5.3 Manipulation
Engaging in any activity that manipulates, deceives, or defrauds the Interface, the Tradecraft Protocol, or any other users, including but not limited to front-running, wash trading, spoofing, layering, or other manipulative trading practices.
5.4 Interference
Interfering with, disrupting, or attempting to gain unauthorized access to the Interface, the servers or networks connected to the Interface, or any other user's access to or use of the Interface, including through the use of any robot, spider, scraper, or other automated means.
5.5 Intellectual Property Infringement
Using the Interface in any manner that infringes, misappropriates, or violates any intellectual property rights or other proprietary rights of Obsidian or any third party.
5.6 Harmful Code
Introducing any virus, worm, Trojan horse, malware, or other harmful code or material to the Interface or using the Interface to distribute such code or material.
5.7 False Information
Providing false, inaccurate, or misleading information in connection with your use of the Interface, including any misrepresentation regarding your identity, location, or eligibility to use the Interface.
5.8 Circumvention
Attempting to circumvent any security feature, access control, or usage restriction of the Interface.
6. DIGITAL ASSETS AND THIRD-PARTY TOKENS
6.1 No Endorsement
The Interface may display or facilitate transactions involving digital assets created by third parties. The availability of any digital asset on or through the Interface does not constitute an endorsement, recommendation, or approval of that asset by Obsidian. Obsidian does not investigate, verify, or guarantee the legitimacy, safety, value, or legal status of any digital asset.
6.2 Fraudulent Tokens
You acknowledge that anyone can create a digital asset on the Canton Network, including fraudulent or deceptive versions of existing assets or assets that falsely claim association with a project or entity. Obsidian cannot and does not verify the authenticity of any digital asset. You are solely responsible for conducting your own due diligence before transacting in any digital asset.
7. ASSUMPTION OF RISK
7.1 Cryptocurrency Risks
You acknowledge and agree that accessing and using the Interface involves significant risks, including but not limited to the following:
Volatility. The prices of digital assets are highly volatile and may fluctuate significantly over short periods of time. The value of your digital assets may decrease substantially or become worthless.
Smart Contract Risk. The Tradecraft Protocol consists of smart contracts that may contain bugs, vulnerabilities, or errors that could result in the loss of digital assets. Smart contracts may be subject to exploits, hacks, or attacks. No audit or review can guarantee that smart contracts are free from vulnerabilities.
Impermanent Loss. If you provide liquidity to the Tradecraft Protocol, you may experience impermanent loss, which occurs when the relative prices of the assets in a liquidity pool diverge. Impermanent loss can result in receiving fewer assets upon withdrawal than you would have held by simply retaining the original assets.
Slippage. The price at which your transaction executes may differ from the price displayed at the time you submit the transaction due to market movements, transaction ordering, or other factors.
Stablecoin Risk. Digital assets described as "stablecoins" may not maintain their intended peg to fiat currencies or other reference assets. Stablecoins may not be fully or adequately collateralized and may experience significant price fluctuations.
Blockchain Risk. The Canton Network and other blockchain networks may experience congestion, delays, forks, attacks, or other disruptions that could affect your transactions or the value of your digital assets.
Regulatory Risk. The regulatory status of digital assets and decentralized finance is uncertain and evolving. Changes in laws or regulations may adversely affect the use, transfer, exchange, or value of digital assets.
Irreversibility. Blockchain transactions are irreversible once confirmed. Errors in transaction parameters, including incorrect recipient addresses or amounts, cannot be corrected after confirmation.
Taxation. The tax treatment of digital asset transactions is uncertain and varies by jurisdiction. You are solely responsible for determining and fulfilling your tax obligations.
7.2 Express Assumption of Risk
YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT YOUR ACCESS TO AND USE OF THE INTERFACE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED WITH ACCESSING AND USING THE INTERFACE AND TRANSACTING IN DIGITAL ASSETS, INCLUDING BUT NOT LIMITED TO THE RISKS DESCRIBED ABOVE.
8. NO INVESTMENT ADVICE
8.1 Informational Purposes Only
The Interface and any information, content, or materials made available through the Interface are provided for informational purposes only. Nothing contained in or accessible through the Interface constitutes, or is intended to constitute, investment advice, financial advice, trading advice, tax advice, legal advice, or any other form of professional advice.
8.2 No Recommendations
OBSIDIAN DOES NOT RECOMMEND THAT ANY DIGITAL ASSET SHOULD BE BOUGHT, SOLD, HELD, OR USED IN ANY PARTICULAR WAY. YOU SHOULD NOT TAKE, OR REFRAIN FROM TAKING, ANY ACTION BASED ON ANY INFORMATION CONTAINED IN OR ACCESSIBLE THROUGH THE INTERFACE. OBSIDIAN DOES NOT MAKE ANY INVESTMENT RECOMMENDATIONS AND DOES NOT OPINE ON THE MERITS OF ANY TRANSACTION OR DIGITAL ASSET.
8.3 Independent Decision-Making
Before making any financial, legal, or other decision in connection with the Interface, you should conduct your own research and due diligence and consult with qualified professionals as appropriate. Any decision to access or use the Interface or to transact in digital assets is made solely at your own risk and discretion.
8.4 Unsolicited Transactions
All transactions you execute through the Interface are unsolicited, meaning that you are solely responsible for initiating any transaction and that Obsidian does not solicit, recommend, or advise any transaction.
9. PRIVACY AND DATA
9.1 Privacy Policy
Your use of the Interface is subject to our Privacy Policy, available at https://docs.tradecraft.fi/tradecraft/privacy-policy, which is incorporated into this Agreement by reference.
9.2 Non-Collection of Personal Information
The Interface does not require you to create an account, provide an email address, or submit any personal information to access or use its features. The Interface operates solely through wallet connections without collecting personally identifiable information.
9.4 Blockchain Data
You acknowledge that information related to your blockchain transactions, including your wallet address and transaction history, may be publicly visible on the Canton Network or associated block explorers, subject to Canton Network's privacy features.
10. INTELLECTUAL PROPERTY
10.1 Ownership
The Interface, including all content, features, functionality, design, text, graphics, logos, icons, images, and software, is owned by Obsidian or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except as expressly provided in this Agreement, Obsidian does not grant you any rights to use Obsidian's intellectual property.
10.2 Limited License
Subject to your compliance with this Agreement, Obsidian grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Interface for your personal, non-commercial use. This license does not include any right to: (a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or sell any content obtained from the Interface; (b) use any data mining, robots, or similar data gathering methods; or (c) use the Interface for any commercial purpose without Obsidian's prior written consent.
10.3 Trademarks
"Tradecraft," the Tradecraft logo, and any other Obsidian trademarks, service marks, graphics, and logos used in connection with the Interface are trademarks or registered trademarks of Obsidian. Other trademarks, service marks, graphics, and logos used in connection with the Interface may be the trademarks of their respective owners. You are not granted any right or license to use any such trademarks.
10.4 Feedback
If you provide any feedback, suggestions, or ideas regarding the Interface ("Feedback"), you grant Obsidian a perpetual, irrevocable, worldwide, royalty-free license to use, copy, modify, create derivative works from, and otherwise exploit such Feedback for any purpose without compensation or attribution to you.
11. DISCLAIMERS
11.1 "As Is" and "As Available"
THE INTERFACE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OBSIDIAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
11.2 No Warranty of Operation
OBSIDIAN DOES NOT WARRANT THAT THE INTERFACE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OBSIDIAN DOES NOT WARRANT THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED OR THAT THE INTERFACE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
11.3 No Warranty Regarding Protocol
OBSIDIAN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE TRADECRAFT PROTOCOL, INCLUDING ANY REPRESENTATION THAT THE PROTOCOL WILL OPERATE AS INTENDED, THAT IT IS FREE FROM BUGS OR VULNERABILITIES, OR THAT IT HAS BEEN OR WILL BE AUDITED. THE PROTOCOL IS PROVIDED BY THIRD PARTIES AND IS NOT UNDER OBSIDIAN'S CONTROL.
11.4 No Warranty Regarding Digital Assets
OBSIDIAN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY DIGITAL ASSET, INCLUDING ITS VALUE, LEGALITY, OR AUTHENTICITY. OBSIDIAN DOES NOT GUARANTEE THAT ANY DIGITAL ASSET WILL MAINTAIN ITS VALUE OR BE EXCHANGEABLE FOR ANY OTHER ASSET.
11.5 Third-Party Services
The Interface may contain links to third-party websites, services, or resources. Obsidian does not endorse and is not responsible for any third-party content, products, services, or practices. Your interactions with third parties are solely between you and such third parties.
11.6 No Fiduciary Duty
THIS AGREEMENT IS NOT INTENDED TO, AND DOES NOT, CREATE OR IMPOSE ANY FIDUCIARY DUTIES ON OBSIDIAN. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT OBSIDIAN OWES 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.
11.7 No Registration
Obsidian is not registered with the U.S. Securities and Exchange Commission, the U.S. Commodity Futures Trading Commission, or any other regulatory authority in any capacity, including as a securities exchange, broker-dealer, investment adviser, commodity pool operator, or money services business. The Interface does not constitute a regulated financial service.
12. LIMITATION OF LIABILITY
12.1 Exclusion of Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OBSIDIAN, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT OBSIDIAN WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Liability Cap
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF OBSIDIAN AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS, TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE INTERFACE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).
12.3 Essential Purpose
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
12.4 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the exclusions and limitations set forth in this Agreement shall apply to the fullest extent permitted by applicable law.
13. INDEMNIFICATION
13.1 Indemnification Obligation
You agree to indemnify, defend, and hold harmless Obsidian, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Interface; (b) your violation of this Agreement; (c) your violation of any applicable law or regulation; (d) your violation of any third-party rights, including intellectual property rights; (e) any transaction you execute through the Interface or the Tradecraft Protocol; (f) any digital asset you create, provide liquidity for, or transact in; or (g) any dispute between you and any third party.
13.2 Defense and Settlement
Obsidian reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with Obsidian in asserting any available defenses. You shall not settle any claim without Obsidian's prior written consent.
14. RELEASE AND WAIVER
14.1 General Release
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE OBSIDIAN, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE INTERFACE, THE TRADECRAFT PROTOCOL, OR ANY DIGITAL ASSET.
14.2 California Civil Code Section 1542 Waiver
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." YOU ACKNOWLEDGE THAT YOU MAY HEREAFTER DISCOVER CLAIMS PRESENTLY UNKNOWN OR UNSUSPECTED, AND YOU AGREE THAT THIS RELEASE SHALL BE AND REMAIN EFFECTIVE IN ALL RESPECTS NOTWITHSTANDING ANY SUCH DISCOVERY.
14.3 Waiver of Unknown Claims
You acknowledge that you may later discover claims or facts in addition to or different from those you now know or believe to be true regarding the subject matter of this release. You intend this release to be and remain in effect notwithstanding the discovery of any such additional or different claims or facts.
15. DISPUTE RESOLUTION
15.1 Mandatory Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Except for disputes relating to intellectual property rights or as otherwise specified below, any dispute, controversy, or claim arising out of or relating to this Agreement, including the formation, interpretation, breach, or termination thereof, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved by final and binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures.
15.2 Arbitration Procedures
The arbitration shall be conducted by a single arbitrator in San Juan, Puerto Rico. The language of the arbitration shall be English. The arbitrator shall have the authority to grant any remedy or relief that would be available in a court of competent jurisdiction. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.
15.3 Pre-Arbitration Notice
Before initiating arbitration, you must send a written notice of the dispute to Obsidian describing the nature and basis of the claim and the specific relief sought. If the dispute is not resolved within thirty (30) days after receipt of such notice, either party may initiate arbitration.
15.4 Class Action Waiver
YOU AND OBSIDIAN AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND OBSIDIAN EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. IF A COURT OR ARBITRATOR DETERMINES THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM SHALL BE SEVERED AND PROCEEDED WITH IN A COURT OF COMPETENT JURISDICTION, WHILE THE REMAINING CLAIMS SHALL PROCEED IN ARBITRATION.
15.5 Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND OBSIDIAN WAIVE ANY RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE INTERFACE.
15.6 Exceptions
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.
15.7 Arbitration Costs
Each party shall bear its own costs and expenses in connection with the arbitration, except that the arbitrator may award the prevailing party its reasonable attorneys' fees and costs if permitted by applicable law.
16. GOVERNING LAW
This Agreement and any dispute arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its conflict of laws principles. To the extent that litigation is permitted under this Agreement, you consent to the exclusive jurisdiction of the courts located in San Juan, Puerto Rico.
17. EUROPEAN UNION USERS
17.1 MiCA Compliance Notice
If you are located in the European Union or European Economic Area, you acknowledge that the regulatory framework for crypto-assets, including Regulation (EU) 2023/1114 on Markets in Crypto-Assets ("MiCA"), may apply to certain activities involving crypto-assets. Obsidian does not provide crypto-asset services as defined under MiCA and is not authorized as a crypto-asset service provider in any EU or EEA member state.
17.2 No Regulated Services
The Interface provides access to decentralized protocol functionality and does not constitute: (a) custody and administration of crypto-assets on behalf of clients; (b) operation of a trading platform for crypto-assets; (c) exchange of crypto-assets for funds or other crypto-assets; (d) execution of orders for crypto-assets on behalf of clients; (e) placing of crypto-assets; (f) reception and transmission of orders for crypto-assets on behalf of clients; (g) providing advice on crypto-assets; (h) providing portfolio management on crypto-assets; or (i) providing transfer services for crypto-assets on behalf of clients. You interact directly with the decentralized Tradecraft Protocol, not with Obsidian as an intermediary.
17.3 Consumer Protections
Nothing in this Agreement shall limit any rights you may have under mandatory consumer protection laws in your jurisdiction that cannot be waived by contract. To the extent any provision of this Agreement conflicts with mandatory consumer protection laws applicable to you, that provision shall be modified to the minimum extent necessary to comply with such laws.
17.4 No Crypto-Asset White Paper
Obsidian has not issued and does not intend to issue any crypto-asset or crypto-asset white paper. The Tradecraft Protocol does not have a native token issued by Obsidian. Any digital assets accessible through the Interface are third-party assets for which Obsidian bears no responsibility.
18. MODIFICATIONS
18.1 Right to Modify
Obsidian reserves the right to modify this Agreement at any time in its sole discretion. Any modifications will be effective immediately upon posting the revised Agreement on the Interface with an updated "Last Updated" date.
18.2 Acceptance of Modifications
Your continued access to or use of the Interface after any modifications to this Agreement constitutes your acceptance of such modifications. If you do not agree to any modifications, you must immediately cease using the Interface.
18.3 Notification
Obsidian may, but is not obligated to, provide additional notice of material changes through the Interface or by other means. You are responsible for reviewing this Agreement periodically to stay informed of any modifications.
19. TERMINATION
19.1 Termination by Obsidian
Obsidian may, in its sole discretion, terminate or suspend your access to all or part of the Interface at any time, with or without notice, for any reason, including but not limited to your breach of this Agreement or if Obsidian believes you pose a legal, regulatory, or reputational risk.
19.2 Termination by You
You may terminate this Agreement at any time by ceasing all use of the Interface.
19.3 Effect of Termination
Upon termination of this Agreement for any reason: (a) all rights and licenses granted to you under this Agreement shall immediately terminate; (b) you shall immediately cease all use of the Interface; and (c) the following sections shall survive termination: Sections 1.2, 1.3, 3, 4.3, 4.4, 6 through 16, and 19 through 21.
20. GENERAL PROVISIONS
20.1 Entire Agreement
This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Obsidian regarding your use of the Interface and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.
20.2 Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, shall be severed from this Agreement. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions.
20.3 Waiver
No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and Obsidian's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
20.4 Assignment
You may not assign or transfer this Agreement or any of your rights or obligations hereunder without Obsidian's prior written consent. Obsidian may freely assign or transfer this Agreement without restriction. Any attempted assignment in violation of this section shall be void.
20.5 No Third-Party Beneficiaries
This Agreement does not create any third-party beneficiary rights in any person, except that Obsidian's affiliates and licensors are intended third-party beneficiaries of the disclaimers and limitations of liability set forth herein.
20.6 Force Majeure
Obsidian shall not be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
20.7 Headings
The section headings in this Agreement are for convenience only and have no legal or contractual effect.
20.8 Language
This Agreement is drafted in English. If this Agreement is translated into any other language, the English version shall control.
21. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us at:
Obsidian Software LLC
Mailing Address: 151 Calle de San Francisco, Suite 200 Mailbox 1513 San Juan, PR 00901
Email: [email protected]
BY ACCESSING OR USING THE INTERFACE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
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