Sentient Terms of Service (non-EU)

Last Updated: April 28, 2025

Version: 2.0

Welcome and thank you for your interest in Sentient Technology Limited ("Sentient", "we", "us" or "our")!

Scope. This Terms of Use Agreement ("Terms of Use", and together with any applicable Supplemental Terms (as defined in Section 1.10 (Supplemental Terms)), the "Agreement") describes the terms and conditions that apply to your use of any of Sentient's websites on or through which these Terms of Use are made available (collectively, the "Website"), Sentient's Arena application, which we offer subject to these Terms of Use (the "Arena App"), and the Sentient Chat application, which we offer subject to these Terms of Use (the "Sentient App", and collectively with the Arena App and any other applications made available by Sentient, the "Apps"), and the services, content, and other resources available on or enabled via the Website and/or Apps, including Sentient's chatbots powered by generative artificial intelligence ("Chatbots" and, collectively with the Website, Apps, and the content and services enabled thereby, the "Service").

Users may interact with the Sentient Platform in various roles, including as contributors to AI models, developers building applications, and end-users accessing services. By using the Services, you acknowledge and agree to your role-specific responsibilities as set forth in these Terms.

THE SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY AND SENTIENT DOES NOT PROVIDE ANY FINANCIAL OR INVESTMENT ADVICE OR RECOMMENDATIONS, OR ANY OTHER ADVICE OR SERVICES REQUIRING PROFESSIONAL LICENSURE, WITH RESPECT TO ANY DIGITAL ASSETS OR OTHERWISE. SENTIENT DOES NOT REPRESENT THAT THE SERVICE, OR ANY INFORMATION PROVIDED BY THE SERVICE, WILL BE ACCURATE OR COMPLETE. DO NOT USE THE SERVICE FOR ANY EMERGENCY SERVICES OR IN THE EVENT OF ANY EMERGENCY SITUATIONS. YOU USE THE SERVICE, INCLUDING ANY CHATBOTS, AT YOUR OWN RISK. SENTIENT DOES NOT GUARANTEE ACCURACY, COMPLETENESS, OR BIAS-FREE OUTPUTS. USERS ASSUME FULL RESPONSIBILITY FOR VERIFYING AI-GENERATED INFORMATION BEFORE USE. SENTIENT IS NOT LIABLE FOR ANY LEGAL, FINANCIAL, REPUTATIONAL, OR PERSONAL CONSEQUENCES RESULTING FROM RELIANCE ON AI-GENERATED OUTPUTS."

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS THE USE OF THE SERVICE AND APPLIES TO ALL USERS VISITING OR ACCESSING THE SERVICE. BY ACCESSING OR USING THE SERVICE IN ANY WAY, ACCEPTING THIS AGREEMENT BY CLICKING ON ANY "I ACCEPT" BUTTON, BROWSING THE WEBSITE, ACCESSING THE APPS, OR COMPLETING THE ACCOUNT REGISTRATION PROCESS, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SENTIENT, (3) YOU ARE NOT BARRED FROM USING THE SERVICE UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION; AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR, IF YOU ARE ACCESSING OR USING THE SERVICE ON BEHALF OF AN ENTITY, ON BEHALF OF THE ENTITY IDENTIFIED IN THE ACCOUNT REGISTRATION PROCESS. IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT IS DOING SO ON BEHALF OF AN ENTITY, ALL REFERENCES TO "YOU" OR "YOUR" IN THIS AGREEMENT WILL ALSO BE DEEMED TO REFER TO SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE.

ARBITRATION TERMS. SECTION 15 (ARBITRATION AGREEMENT) CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND SENTIENT. AMONG OTHER THINGS, SECTION 15 (ARBITRATION AGREEMENT) INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 15 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 15 (ARBITRATION AGREEMENT) CAREFULLY. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (AS DEFINED IN SECTION 15) WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 15.10 (30-DAY RIGHT TO OPT OUT): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

The Service may allow users to discover, track and interact with third-party decentralized networks, Wallets (defined below), and data generated by compatible third-party decentralized applications.

SENTIENT IS NOT A BROKER, FINANCIAL INSTITUTION, FINANCIAL ADVISOR, INVESTMENT ADVISOR, OR INTERMEDIARY AND IS IN NO WAY YOUR AGENT, ADVISOR, OR CUSTODIAN. SENTIENT CANNOT INITIATE A TRANSFER OF ANY OF YOUR CRYPTOCURRENCY OR DIGITAL ASSETS OR OTHERWISE ACCESS YOUR DIGITAL ASSETS. SENTIENT HAS NO FIDUCIARY RELATIONSHIP OR OBLIGATION TO YOU REGARDING ANY DECISIONS OR ACTIVITIES THAT YOU EFFECT IN CONNECTION WITH YOUR USE OF THE SERVICE. WE DO NOT HOST OR MAINTAIN OR PROVIDE SERVICES FOR ANY BLOCKCHAIN OR CRYPTOCURRENCY, DO NOT PARTICIPATE IN ANY TRANSACTIONS ON SUCH BLOCKCHAINS, AND DO NOT RECOMMEND, ENDORSE, OR OTHERWISE TAKE A POSITION ON YOUR USE OF THIS SERVICE. YOU SHOULD CONSULT A LICENSED PROFESSIONAL BEFORE TAKING ANY ACTION IN RELIANCE ON ANY OUTPUT FROM ANY APP.

SENTIENT IS NOT CAPABLE OF PERFORMING TRANSACTIONS OR SENDING TRANSACTION MESSAGES ON YOUR BEHALF. ALL TRANSACTIONS INITIATED THROUGH THE SERVICE ARE INITIATED BY YOU THROUGH YOUR WALLET AND COMPLETED THROUGH THE APPLICABLE THIRD-PARTY SERVICES.

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY SENTIENT IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Sentient will make a new copy of the Terms of Use available within the Service and any new Supplemental Terms will be made available from within, or through, the affected Service. We will also update the "Last Updated" date at the top of the Terms of Use. Any changes to the Agreement will be effective immediately for new users of the Service and will be effective thirty (30) days after posting notice of such changes on the Service for existing users of the Service. Sentient may require you to provide consent to the updated Agreement in a specified manner before further use of the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Service. Otherwise, your continued use of the Service constitutes your acceptance of such change(s).

PLEASE REGULARLY CHECK THE SERVICE TO VIEW THE THEN-CURRENT TERMS.

1. USE OF THE SERVICE.

The Service and the information and content available on the Service are protected by applicable intellectual property (including copyright) laws. Unless subject to a separate license agreement between you and Sentient, your right to access and use the Service, in whole or in part, is subject to this Agreement.

1.1 Description of the Service

The Service includes access to Sentient's proprietary online platform, including the Website, Apps, and supporting documentation made available therewith. The Service allows users to interact with our Chatbots through one or more Apps and view and interact with cryptocurrency and other digital assets across one or more third-party blockchains through Third-Party Services (defined below), including by connecting a digital cryptocurrency wallet ("Wallet"). THE SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY. YOU ACCESS AND USE THE SERVICE AT YOUR OWN RISK.

1.1.1 Sentient App.

The Sentient App is a platform that allows users to interact with a Chatbot hosted on a decentralized network. Users may be able to participate in training the Chatbot by grading the accuracy of Outputs to your Inputs and/or by uploading Content to be used as training data for the Sentient App Chatbot. Supplemental Terms may apply to your use of the Sentient App, including Supplemental Terms made available on or through the Sentient App's interface. Such Supplemental Terms shall apply to your use of the Sentient App as set forth in Section 1.10.

1.1.2 Arena App.

The Arena App is a platform that allows users to interact with a Chatbot hosted on a decentralized network. Users may be presented with responses from multiple artificial intelligence models, and users can rate and provide other feedback on the applicable responses. Such feedback may be used to further train the Arena App Chatbot. Supplemental Terms may apply to your use of the Arena App, including Supplemental Terms made available on or through the Arena App's interface. Such Supplemental Terms shall apply to your use of the Arena App as set forth in Section 1.10.

1.2 Privacy Compliance:

We respect your privacy and handle personal data in accordance with all applicable laws. By using our Services, you agree to our data practices as described in our Privacy Policy. We will implement appropriate measures to safeguard personal data and honor data subject rights (access, deletion, etc.) as required by law. However, by providing data for AI model training, you grant Sentient an irrevocable right to use and share such data in anonymized or aggregated form for AI development and improvement. Sentient does not assume liability for third-party misuse of publicly contributed data.

1.3 Chatbot.

Our Chatbots leverage certain generative AI tools (including AI Services (defined below) made available by third parties, as defined below, and collectively the "AI Tools") to collect, analyze, and respond to user prompts and requests. By using the Chatbots, you hereby consent and authorize Sentient to share any Content (defined below) or other information you provide to the Chatbots with the AI Tools in order to complete your request.

1.3.1

YOU, AND NOT SENTIENT, SHALL BE SOLELY RESPONSIBLE FOR YOUR USE OF THE CHATBOTS. YOU ACKNOWLEDGE AND AGREE THAT ANY CONDUCT YOU ENGAGE IN AS A RESULT OF THE INFORMATION PROVIDED BY THE CHATBOTS OR ANY OTHER AI TOOLS MADE AVAILABLE THROUGH SENTIENT OR SUCH THIRD-PARTY SERVICES IS AT YOUR OWN RISK.

1.3.2

BECAUSE CHATBOTS UTILIZE ARTIFICIAL INTELLIGENCE TO COMMUNICATE WITH YOU, OUR CHATBOTS MAY PROVIDE INFORMATION THAT IS AN INACCURATE OR INAPPROPRIATE RESPONSE TO YOUR REQUESTS IN ITS INTERACTIONS WITH YOU. YOU AGREE THAT SENTIENT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR THE CHATBOTS (OR ANY OTHER AI TOOLS MADE AVAILABLE BY SENTIENT OR THIRD-PARTY SERVICES) PROVIDING INACCURATE OR INAPPROPRIATE INFORMATION TO YOU OR ANY THIRD PARTY.

1.3.3

THE CHATBOTS ARE NOT, AND ARE NOT INTENDED TO BE, A SUBSTITUTE FOR ANY PROFESSIONAL SERVICES, INCLUDING ANY PROFESSIONAL INVESTMENT OR FINANCIAL SERVICES OR HEALTH SERVICES. The CHATBOTS ARE NOT AND ARE NOT INTENDED TO BE A LICENSED INVESTMENT ADVISOR, FINANCIAL ADVISOR, doctor, therapist, or any other professional, whether or not licensed, and any Output (as defined below) provided by ANY Chatbot IS not considered to be PROFESSIONAL ADVICE of any SORT AND is solely intended for your entertainment purposes.

1.4 Software.

Your use of any software and associated documentation made available through or in connection with the Service ("Software") is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Website page(s) accompanying the Software. These license terms may be posted with the Software downloads or at the Website or Third-Party Service page where the Software can be accessed. Unless you agree to the terms of such license agreement, you shall not use, download, install, access or otherwise utilize in any way any Software that is accompanied by or includes a license agreement. At no time will Sentient provide you with any tangible copy of our Software. Sentient delivers access to the Software via electronic transfer or download and does not use or deliver any tangible media in connection with the (i) delivery, installation, updating or problem resolution of any Software (including any new releases); or (ii) delivery, correction or updating of documentation. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, or redistribution or use on a service bureau basis. If there is any conflict between this Agreement and the license agreement, the license agreement takes precedence in relation to that Software (except as provided in the following sentence). If the Software are a pre-release version, then, notwithstanding anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes, and you use such pre-release versions of the applicable Software at your own risk. If you and Sentient have not entered into a separate license agreement with respect to your use of the Software or if no license agreement accompanies use of the Software, use of the Software will be governed by this Agreement and, subject to your compliance with this Agreement, Sentient grants you a non-assignable, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Website and the Software for the sole purpose of enabling you to use the Service in the manner permitted by this Agreement. You acknowledge and agree that, unless otherwise set forth in a written license agreement, Sentient has no obligation to continue to make the Website and/or any Software available, and that Sentient in its sole discretion may terminate your license to the Website and/or any Software at any point. Some Software may be offered under an Open-Source License (defined below). There may be provisions in the Open-Source License that expressly override this Agreement.

1.5 User Asset Information.

Users may be able to use the Service to aggregate and display publicly available information related to any cryptocurrency, cryptoasset, blockchain-based token, or other digital asset supported by the Service ("Digital Assets") that are associated with the applicable user's Wallet ("User Assets"). User Asset visualizations may include graphs, projections, and other information about your User Assets (collectively, "User Asset Information"). Information that may be provided to you by the Service about your allocation of your User Assets are all considered User Asset Information. You acknowledge that User Asset Information is provided by Third-Party Services (defined below), and Sentient is not liable for any losses by you based on your use of or reliance on User Asset Information. We encourage you to independently verify all User Asset Information.

1.6 Your User Assets.

You represent and warrant that (a) you own or have the authority to connect to the Wallet from the third-party source of funds that you use to fund such Wallet; (b) you own or have the authority to transfer any User Assets you transfer through the Service; (c) all User Assets you transfer in connection with the Service have been earned, received, or otherwise acquired by you in compliance with all applicable laws; and (d) no User Assets that you transfer in connection with the Service have been "mixed," "tumbled" or otherwise undergone any process designed to hide, mask, or obscure the origin or ownership of such User Assets.

1.7 Transfers of User Assets.

By combining publicly available information with your interactions with the Service, the Service may use Third-Party Services to draft standard transaction messages that are designed to accomplish your operational goals as expressed through the interactions with the Service. Such messages are passed to the applicable Third-Party Services, which will broadcast such messages to the validator network for any supported blockchain in order to initiate a transaction of User Assets. All draft transaction messages are delivered by Third-Party Services via API to a Wallet selected by you. You must personally review and authorize all transaction messages that you wish to execute; this requires you to sign the relevant transaction message with your Private Key (defined below), which is inaccessible to the Service or Sentient. Your authorized message will then be broadcast to validators through the Wallet, and you may pay a Gas Fee (defined below) to have the validators record the results of the transaction message on the applicable blockchain, resulting in a transfer of User Assets. Sentient and the Service are not agents or intermediaries of you, do not store or have access to or control over any of your User Assets, private keys, passwords, accounts or other property, and are not capable of performing transactions or sending transaction messages on your behalf. All transactions relating to your User Assets are effected and recorded solely through your interactions with the respective Digital Assets.

1.8 Wallets.

In connection with certain features of the Service you may need to create and/or connect a Wallet owned or controlled by you. Access to and use of a Wallet is subject to additional terms and conditions between you and the provider of such Wallet. Please note that if a Wallet or associated service becomes unavailable then you should not attempt to use such Wallet in connection with the Service, and we disclaim all liability in connection with the foregoing, including without limitation any inability to access any User Assets you have sent to or stored in such Wallet. PLEASE NOTE THAT YOUR RELATIONSHIP WITH ANY THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR WALLET IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND SENTIENT DISCLAIMS ANY LIABILITY FOR INFORMATION THAT MAY BE PROVIDED TO IT OR USER ASSETS THAT MAY BE TRANSFERRED TO THE PROTOCOL BY OR THROUGH SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE SETTINGS THAT YOU HAVE SET IN SUCH WALLETS. Access to your Wallet may require the use of a private key, passphrase, or third-party service ("Private Key") and Sentient has no ability to access your Wallet without your involvement and authority. Your Private Key is unique to you and shall be maintained by you. If you lose your Private Key, you may lose access to your Wallet and any contents thereof. Sentient does not have the ability to recover a lost Private Key. While a Wallet may be interoperable with other compatible blockchain platforms, tokens, or services, only User Assets supported by Sentient that are stored in your Wallet will be accessible through the Service.

1.9 Compatibility Risk.

The Service may not be compatible with all forms of Digital Assets, and certain of your User Assets may not be compatible with the Service. Whether or not a User Asset is then-currently compatible with the Service may change at any time, in Sentient's sole discretion, with or without notice to you.

1.10 App License.

Subject to your compliance with this Agreement, Sentient grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Apps solely on devices that you own or control (each, a "Device") and solely for your own personal use.

1.11 Supplemental Terms.

Your use of, and participation in, certain features and functionality of the Service may be subject to additional terms ("Supplemental Terms"). Such Supplemental Terms will either be set forth in the applicable supplemental Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms of Use are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such supplemental Service.

1.12 Updates.

You understand that the Service is evolving. As a result, Sentient may update all or parts of the Service. You acknowledge and agree that Sentient may update all or parts of the Service with or without notifying you. You may need to update third-party software, from time to time in order to continue to use the Service. Any future release, update or other addition to the Service shall be subject to this Agreement.

1.13 Points Program.

Subject to your ongoing compliance with this Agreement and any Points Program Terms (defined below) made available by Sentient from time to time, Sentient may enable you to participate in a limited program that rewards users for interacting with the Service (the "Points Program") by allocating such users with digital assets that bear no cash or monetary value and are made available by Sentient ("Points", as further described below). Your participation in the Points Program constitutes your acceptance of the then-current terms and conditions applicable to the Points Program at the time of such participation (the "Points Program Terms"), as may be modified or updated by Sentient in its sole discretion. Additional terms applicable to the Points Program, which shall constitute part of the Points Program Terms, may be set forth on the Service from time to time.

1.13.1 Points.

Points will be allocated in accordance with the then-current Points Program Terms and any applicable Supplemental Terms. Sentient does not guarantee that you will receive or be eligible to receive any minimum amount of Points by participating in the Points Program. Points have no monetary value and cannot be redeemed for cash or cash equivalent, including any cryptocurrency. Accumulating Points does not entitle you to any vested rights, and Sentient does not guarantee in any way the continued availability of Points. POINTS HAVE NO CASH VALUE. POINTS ARE MADE AVAILABLE "AS IS" AND WITHOUT WARRANTY OF ANY KIND.

1.13.2 Taxes.

In the event that any applicable authority determines that your receipt of Points is a taxable event, you agree that you, and not Sentient, are solely liable for payment of such taxes, and you agree to indemnify Sentient in connection with same.

1.13.3 Disclaimers.

Points are provided solely as an optional enhancement to users to incentivize participation in the Service. Points do not constitute compensation or any other form of consideration for services. You agree that Points may be cancelled or revoked by Sentient at any time, including if you breach this Agreement; misuse or abuse the Points Program; or commit or participate in any fraudulent activity related to the Points Program. SENTIENT RESERVES THE RIGHT TO MODIFY OR TERMINATE THE POINTS PROGRAM AT ANY TIME, FOR ANY OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. In the event of any termination, all Points will expire immediately as of the effective date of termination.

1.14

Use of this service is prohibited in the European Union (EU) or the European Economic Area (EEA) or by any person to whom the General Data Protection Regulation (GDPR) or California Consumer Privacy Act (CCPA) is applicable. By using or accessing this service, you explicitly confirm that you are not located in, a resident of, or accessing the service from the state of California, USA, the EU or EEA. We do not offer services to EU/EEA users and do not intentionally process personal data of EU/EEA residents. If you are accessing this service from within the state of California or the EU or EEA, you must immediately discontinue use.

2. REGISTRATION.

2.1 Registering Your Account.

In order to access certain features of the Service, you may be required to register an account on the Service ("Account"), connect a Wallet to the Service, or have a valid account on a social networking or other third-party service ("Linked App") through which you can connect to the Service, as permitted by the Service (each such account, a "Linked Account").

2.2 Access Through a Linked App.

The Service may allow you to link your Account with a Linked Account by allowing Sentient to access your Linked Account, as is permitted under the applicable terms and conditions that govern your use of each Linked Account. You represent that you are entitled to disclose your Linked Account login information to Sentient and/or grant Sentient access to your Linked Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Linked Account and without obligating Sentient to pay any fees or making Sentient subject to any usage limitations imposed by such third-party service providers. By granting Sentient access to any Linked Account, you understand that Sentient may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials that you have provided to and stored in your Linked Account ("Linked App Content") so that it is available on and through the Service via your Account. Unless otherwise specified in this Agreement, all Linked App Content is considered to be your Input (as defined in Section 3.1 (Types of Content)) for all purposes of this Agreement. Depending on the Linked Accounts you choose and subject to the privacy settings that you have set in such Linked Accounts, personally identifiable information that you post to your Linked Accounts may be available on and through your Account on the Service. If a Linked Account or associated service becomes unavailable, or Sentient's access to such Linked Account is terminated by the third-party service provider, then Linked App Content will no longer be available on and through the Service. YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND SENTIENT DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Sentient makes no effort to review any Linked App Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Sentient is not responsible for any Linked App Content.

2.3 Registration Data.

In registering an Account on the Service, you shall (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

2.4 Your Account.

Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Sentient. Furthermore, you are responsible for all activities that occur under your Account. You will accept full responsibility for any unauthorized use of the Service, including your credit card or other payment method, by minors. You may not share your Account or password with anyone, and you agree to notify Sentient immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, incomplete or not current, or Sentient has reasonable grounds to suspect that any information you provide is untrue, inaccurate, incomplete or not current, Sentient has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the Service if you have been previously removed by Sentient, or if you have been previously banned from any of the Service.

2.5 Representations.

You represent and warrant that:

2.5.1

You are (i) at least eighteen (18) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using Service under the laws of the United States, your place of residence or any other applicable jurisdiction.

2.5.2

You are not: (A) a country, territory, entity or individual named on an OFAC list as provided at http://www.treas.gov/ofac, or any person or entity prohibited under the OFAC programs, regardless of whether or not they appear on the OFAC list; or (B) a senior foreign political figure, or any immediate family member or close associate of a senior foreign political figure. There is no legal proceeding pending that relates to your activities relating to buying, selling, staking, or otherwise using cryptocurrency or any other token- or digital asset- trading or blockchain technology related activities;

2.5.3

You have not failed to comply with, and have not violated, any applicable legal requirement relating to any blockchain technologies or token-trading activities or any other applicable laws, including, but not limited to, anti-money laundering or terrorist financing laws, and no investigation or review by any governmental entity is pending or, to your knowledge, has been threatened against or with respect to you, nor does any government order or action prohibit you or any of your representatives from engaging in or continuing any conduct, activity or practice relating to cryptocurrency.

2.6 Necessary Equipment and Software.

You must provide all Devices and other equipment or software necessary to access or use the Service. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Service.

3. CONTENT.

3.1 Types of Content.

Subject to your compliance with this Agreement, you may be able to share or upload information, data, text, software, music, sound, screenshots, photographs, graphics, video, messages, tags, ratings and/or other materials ("Content") through the Service, including by way of your prompts, comments, questions, training data, and other input that you provide to the Chatbots or other areas of the Service (collectively, "Input"). You, and not Sentient, are entirely responsible for all Input that you upload, share, post, email, transmit, query or otherwise make available through or to the Service, including the Linked App Content. When you make available any Input on or to the Service, you represent that you own and/or have sufficient rights to use such Input in connection with the Service, including to grant the license set forth in Section 3.3 (License to Your Content). If you do not have such rights in any Content, such as messages from a third-party or a third party's contact information, you agree that you will not make such Content available through the Service as Input. In response to any prompts, comments, questions, and other Input that You provide to the Service, the Service, together with AI Tools, may generate new Content based on such Input ("Output"). You acknowledge that the Outputs are based on your Inputs, and that Sentient has no control over any such Inputs. Accordingly, all Outputs are provided "as is" and with "all faults", and Sentient makes no representations or warranties of any kind or nature with respect to any Inputs or Outputs, including any warranties of accuracy, completeness, truthfulness, timeliness or suitability. You acknowledge and agree that (a) you, and not Sentient, are solely responsible for your use of your Outputs created through the Service; and (b) you assume all risks associated with your use of any Outputs, including any potential copyright infringement claims from third parties, any disclosure of your Outputs that personally identifies you or any third party, or any reputational damage to you or any third party arising from any Output or your disclosure thereof; and c) that Sentient hereby assigns to you any rights we may have in your unique Output. You are solely responsible for reviewing any Output prior to its use and exercising your own judgement as to its suitability for use.

3.2 Ownership of Content.

Sentient does not claim ownership of any Inputs or Outputs (collectively, "Your Content"). Subject to Section 3.3 (License to Your Content), as between Sentient and you, you are the owner of all right, title and interest in Your Content. Notwithstanding the foregoing, given the nature of artificial intelligence which powers the Service through AI Tools, you acknowledge that: (a) Output may not be unique across users and the Service may generate the same or similar output for another user under similar terms, and you do not have any right, title or interest in or to any output provided to other users, regardless of the level or degree of similarity with the Outputs; (b) Sentient does not represent or warrant that the Outputs are protected or protectible by any intellectual property rights under applicable law; and (c) Sentient does not guarantee that (i) you will exclusively own or have any or all necessary rights to use the Output for your intended purposes, or (ii) the Output does not incorporate, infringe or misappropriate the intellectual property or proprietary rights of any third party.

3.3 License to Your Content.

You acknowledge that the Service utilizes certain AI Tools, including artificial intelligence and machine learning algorithms that can be trained to recognize and search for certain patterns (including natural language patterns), information, objects and events, and that such recognition is developed over time based on your use of the Service, Your Content, and Content. Accordingly, subject to any applicable Account settings that may be made available to you, you grant Sentient a non-exclusive, transferable, perpetual, irrevocable, worldwide, fully-paid, royalty-free, sublicensable (through multiple tiers of sublicensees) right (including any moral rights) and license to use, copy, reproduce, modify, adapt, prepare derivative works from, translate, distribute, publicly perform, publicly display and derive revenue or other remuneration from Your Content (in whole or in part) for the purposes of operating and providing the Service to you and to our other users (including after you cease use of the Service or terminate this Agreement), developing and improving other products and services, or for any other purpose. Without limiting the foregoing, you acknowledge that Your Content may be used by Sentient, or third-party providers of AI Tools, to train, develop, enhance, evolve and improve the Service and the underlying artificial intelligence models, algorithms and related technology, products and services (including for labeling, classification, content moderation and model training purposes).

3.4 AI Services.

Our Service may utilize certain third-party artificial intelligence and deep learning platforms, algorithms, tools and models ("AI Services") to generate Output. You acknowledge and agree that Sentient may share your Inputs with the AI Services for this purpose and such AI Services may not be required to maintain the confidentiality of any of Your Content. Further, you understand that additional license requirements may apply to certain AI Services, including that such AI Services may retain certain rights to use or disclose Your Content, including to further train their algorithmic models. You must review and comply with any such requirements prior to your use of any Service that relies on AI Services. You assume all risks associated with your use of such AI Services. Sentient will have no liability for the unavailability of any AI Services, or any third party's decision to discontinue, suspend or terminate any AI Services. If you prefer, you may adjust your account settings to opt out of having your content used to improve our AI model. Once you opt out, new Inputs you provide will not be used for model training. (Paid subscription users are excluded from such data use by default, similar to industry practice.) Please note opting out may limit certain personalized improvements to the Service.

3.5 Content Restrictions.

Your use of the Service must comply at all times with this Section and any applicable AI Services terms.

You will not provide any Input that: (i) contains any regulated financial or personally identifiable information; (ii) contains fraudulent, false, misleading, or deceptive information; (iii) promotes illegal or harmful activities or substances; (iv) promotes violence or actions that are threatening; (v) violates the privacy or publicity rights of another person.

3.6

You will not share Content or Input on or through the Service, or attempt to create Output through the Service, that: (a) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, pornographic, offensive, or profane; (b) infringes or misappropriates any third party's intellectual property rights or other proprietary rights; (c) contains any viruses, worms or other malicious computer programming codes that may damage the Service; (d) contains any personal information, such as financial, medical or other sensitive personal information such as government IDs, passport numbers or social security numbers; (e) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (f) contains any financial, investment, or other related advice; or (g) violates the terms of any applicable AI Services. Furthermore, Your Content may not contain nudity, violence, sexually explicit, obscene, or offensive subject matter as determined by Sentient in its sole discretion. You may not post or make available any Content that includes any identifiable person or any of their personal characteristics without that person's permission.

3.7

You will not attempt to "jailbreak" the AI Services or otherwise encourage the AI Services to provide any Output that violates the purpose of such AI Services or is otherwise illegal or inappropriate, including without limitation any sexually explicit Output or Output that, if provided as Input by you, would be a breach of this Section 3.5.

3.8 Storage.

Unless expressly agreed to by Sentient in writing elsewhere, Sentient may, but has no obligation to, store any of Your Content. Sentient has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit, or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Service. Certain features and functionality of the Service may enable you to specify the level at which the Service restricts access to Your Content. In such cases, you are solely responsible for applying the appropriate level of access to Your Content. If you do not choose a level of access, the system may default to its most permissive setting.

4. OWNERSHIP.

4.1 The Service.

You agree that Sentient and its suppliers or licensors own all rights, title and interest in the Service (including but not limited to, any computer code, themes, objects, characters, concepts, artwork, animations, sounds, methods of operation, moral rights, documentation, and software) and all improvements, enhancements and updates made thereto. You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any the Service.

4.2 Open Source Software.

You acknowledge and agree that the Service may use, incorporate or link to certain software made available under an "open-source" or "free" license ("Open-Source Software" or "Open-Source License", as applicable), and that your use of the Service is subject to, and you agree to comply with, any applicable Open-Source Licenses. Each item of Open-Source Software is licensed under the terms of the Open-Source License that accompanies such Open-Source Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open-Source Software. If required by any license for particular Open-Source Software, Sentient makes such Open-Source Software, and Sentient's modifications thereto, available by written request at the notice address specified below.

4.3 Trademarks.

"Sentient" and all related stylizations, graphics, logos, service marks and trade names used on or with the Service are the trademarks of Sentient and may not be used without permission in connection with your, or any third-party's, products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.

4.4 Your Content.

Sentient does not claim ownership of Your Content. However, when you publish Your Content on or in the Service or use Content in connection with the Service, you represent that you own and/or have, and have all rights necessary to grant to Sentient and do hereby grant to Sentient, a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, including without limitation to train generative artificial intelligence tools, for the full term of any worldwide intellectual property right that may exist in Your Content. Further, by submitting AI models, data, or code to the Sentient Platform, you grant Sentient and its community members a non-exclusive, worldwide, royalty-free, irrevocable license to use, modify, distribute, and monetize your contributions, in accordance with the Platform's reward mechanisms and applicable licenses. Users leveraging AI models developed on Sentient must provide appropriate attribution where required and may not claim sole ownership over community-trained AI models. Misrepresentation of AI ownership or contribution is strictly prohibited.

4.5 Feedback.

You agree that submission of any ideas, suggestions, documents, ratings, and/or proposals to Sentient through its Output rating functionality or through its suggestion, feedback, forum, or similar pages ("Feedback") is at your own risk and that Sentient has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Sentient a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, for any purpose, including without limitation in connection with the operation and maintenance of the Service and/or Sentient's business.

5. USER CONDUCT AND CERTAIN RESTRICTIONS.

You agree that you are solely responsible for your conduct in connection with the Service. You agree that you will abide by this Agreement and will not (and will not attempt to): (a) provide false or misleading information to Sentient; (b) use or attempt to use another user's Wallet without authorization from such user; (c) pose as another person or entity; (d) use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner; (e) develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service; (f) bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service; (g) attempt to circumvent any content-filtering techniques we employ; (h) use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality; (i) collect or harvest data from the Service that would allow you to contact individuals, companies, or other persons or entities, or use any such data to contact such entities; (j) use data collected from our Service for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing); (k) bypass or ignore instructions that control all automated access to the Service; (l) use the Service for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates any applicable law or this Agreement; (m) make available any Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; or (n) attempt to access any Wallet that you do not have the legal authority to access. Any unauthorized use of the Service terminates the licenses granted by Sentient pursuant to the Agreement. You further agree to comply with any Acceptable Use Policy(ies) that we may make available through the Service from time to time.

6. INVESTIGATIONS, MONITORING, & NO OBLIGATION TO PRE-SCREEN CONTENT; COPYRIGHT ENFORCEMENT.

6.1 Investigations.

Sentient reserves the right, but is not obligated, to monitor or review the Service and Content at any time. Without limiting the foregoing, Sentient shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law. Although Sentient does not generally monitor user activity occurring in connection with the Service or Content, if Sentient becomes aware of any possible violations by you of any provision of the Agreement, Sentient reserves the right to investigate such violations, and Sentient may, at its sole discretion, immediately terminate your license to use the Service, or change, alter or remove Your Content, in whole or in part, without prior notice to you. If Sentient believes that criminal activity has occurred, Sentient reserves the right to, except to the extent prohibited by applicable law, disclose any information or materials on or in the Service, including Your Content, in Sentient's possession in connection with your use of the Service, to (i) comply with applicable laws, legal process or governmental request, (ii) enforce this Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property, or personal safety of Sentient, its users or the public, and all enforcement or other government officials, as Sentient in its sole discretion believes to be necessary or appropriate.

6.2 Copyright Enforcement.

It is Sentient's policy to terminate membership privileges of any user who repeatedly infringes copyright, trademark, or other intellectual property rights upon prompt notification to Sentient by the respective intellectual property owner or their legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on or otherwise made available through the Service in a way that constitutes intellectual property rights infringement, please provide our designated intellectual property agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark, or other intellectual property right; (b) a description of the copyrighted work, trademark, or other intellectual property right that you claim has been infringed; (c) a description of the location on the Service of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark, or other intellectual property right owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark, or other intellectual property right owner or authorized to act on the copyright, trademark, or other intellectual property right owner's behalf. Contact information for Sentient's designated agent for notice of claims of infringement is as follows: [INCLUDE NAME OR TITLE, AND PHYSICAL ADDRESS OF DESIGNATED AGENT].

7. THIRD-PARTY SERVICES.

7.1 Third-Party Services.

The Service may use, rely on, and/or contain links to third-party websites, applications, services (including without limitation AI Services), and ads, (collectively, the "Third-Party Services"). Such Third-Party Services are not under the control of Sentient. Sentient is not responsible for any Third-Party Services. When you use any Third-Party Services, you become subject to the terms and conditions (including privacy policies) of another website or destination. Sentient does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith. You use all links in Third-Party Services at your own risk. When you leave our Service, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

7.1.1 Sharing Your Content and Information Through Third-Party Services.

Sentient may provide tools through the Service that enable you to export information, including Your Content, to Third-Party Services, including through features that allow you to link your Account with a Linked App account. By using one of these tools, you agree that Sentient may transfer that information to the applicable Third-Party Services. Sentient is not responsible for any Third-Party Service's use of your exported information, nor for any use by you of any information (including without limitation Output) shared by you with or through any Linked App or other Third-Party Services.

8. FEES AND PURCHASE TERMS.

8.1 Fees.

You shall pay all fees or charges ("Fees") to your Account in accordance with the fees, charges and billing terms in effect at the time a Fee is due and payable. Any Fees will be set forth on the Service at the time of the applicable transaction.

8.2 Gas Fees.

To the extent applicable in connection with a particular Service, you will be solely responsible for ensuring that you have sufficient User Assets in your Wallet to cover any Gas Fee required to complete any transaction or effect any other use of the Service. "Gas Fees" are transaction fees determined by market conditions on the applicable protocol, and are not determined, set, or charged by Sentient.

8.3 Taxes.

You are responsible for all federal, state, local, sales, use, value added, excise, or other taxes, fees, or duties arising out of the Agreement or the transactions contemplated by the Agreement (other than taxes based on Sentient's net income). You are solely responsible (and Sentient has no responsibility) for determining what, if any, taxes apply to any transactions involving your User Assets.

8.4 Currency.

You may not substitute any other currency, whether cryptocurrency or fiat currency, for the currency in which you have contracted to pay any Fees. For clarity, no fluctuation in the value of any currency, whether cryptocurrency or otherwise, will impact or excuse your obligations with respect to any purchase.

8.5 Payment Service Provider.

Sentient may use one or more third-party service providers for payment services (e.g., card acceptance, cryptocurrency payments, merchant settlement, and related services) (each, a "Payment Service Provider"). Please note that online payment transactions may be subject to validation checks by our Payment Service Provider and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our Payment Service Provider uses various fraud prevention protocols and industry standard verification systems to reduce fraud, and you authorize it to verify and authenticate your payment information. Your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our Payment Service Provider may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services. We may add or change Payment Service Providers at any time in our sole discretion.

8.6 Payment.

By providing Sentient and/or our Payment Service Provider with your payment information, you agree that Sentient and/or our Payment Service Provider is authorized to immediately invoice your Account for all Fees due and payable to Sentient hereunder and that no additional notice or consent is required. You shall immediately notify Sentient and/or our Payment Service Provider of any change in your payment information to maintain its completeness and accuracy. Sentient reserves the right at any time to change its prices and billing methods in its sole discretion. You agree to have sufficient funds or credit available upon placement of any order to ensure that the purchase price is collectible by us. Your failure to provide accurate payment information to Sentient and/or our Payment Service Provider, as applicable, or our inability to collect payment constitutes your material breach of this Agreement. Except as expressly set forth in this Agreement, all Fees for the Service are non-refundable.

9. Indemnification.

You shall indemnify and hold Sentient, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a "Sentient Party" and collectively, the "Sentient Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any and all of the following: (1) Your Content, including any Input provided by you or use of the Output by you or any third party; (2) your use of, or inability to use, the Service; (3) your violation of this Agreement; (4) your violation of any rights of another party, including your use of any Input that infringes a third party's proprietary rights; (5) misuse of AI models, or reliance on AI-generated models (6) your violation of any applicable laws, rules or regulations. Sentient reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Sentient in asserting any available defenses. This provision does not require you to indemnify any of the Sentient Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Service provided hereunder. You agree that the provisions in this Section will survive any termination of your Account, this Agreement and/or your access to the Service.

10. ASSUMPTION OF RISK RELATED TO BLOCKCHAIN TECHNOLOGY.

In order to be successfully completed, any transaction initiated by or sent to your Wallet must be confirmed by and recorded on the applicable network, blockchain, or protocol. Sentient has no control over any blockchain and therefore cannot and does not ensure that any transaction details that you submit or receive via the Service will be validated by or confirmed on the relevant network and does not have the ability to facilitate any cancellation or modification requests. You accept and acknowledge that you take full responsibility for all activities that you effect through your Wallet and accept all risks of loss, including loss as a result of any authorized or unauthorized access to your Wallet, to the maximum extent permitted by law. You further accept and acknowledge that:

10.1

Sentient's token serves as a utility within the Platform, providing access to AI services, governance, and rewards for contributors. It does not represent an investment contract, and users should not expect financial returns from holding or using Sentient tokens. Sentient makes no representations regarding token value or tradability.

10.2

Token holders participating in governance acknowledge that decisions are made through decentralized voting mechanisms. Sentient is not responsible for governance decisions made by token holders or resulting platform changes

10.3

You (i) have the necessary technical expertise and ability to review and evaluate the security, integrity and operation of your Wallet; (ii) have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits, risks and applicable compliance requirements under applicable laws of any use of your Wallet; (iii) know, understand and accept the risks associated with your Wallet; and (iv) accept the risks associated with blockchain technology generally, and are responsible for conducting your own independent analysis of the risks specific to any Digital Assets you purchase or sell. You further agree that Sentient will have no responsibility or liability for, such risks.

10.4

The prices of Digital Assets can be extremely volatile. Sentient makes no warranties as to the markets in which Digital Assets are transferred, purchased, or traded.

10.5

You are solely responsible for determining what, if any, taxes apply to your transactions of Digital Assets. Sentient is not responsible for determining the taxes that apply to Digital Asset transactions.

10.6

Sentient does not store, send, or receive Digital Assets. This is because Digital Assets exist only by virtue of the ownership record maintained on its supporting blockchain, and so any transfer of Digital Assets occurs within the supporting blockchain and not in the Service. The transaction details you submit via the Service may not be completed, or may be substantially delayed, as a result of activity or lack thereof on the blockchain used to process the transaction. Once transaction details have been submitted through your Wallet, Sentient cannot assist you to cancel or otherwise modify your transaction or transaction details. Sentient makes no warranties or guarantees that a transfer initiated on the Service will successfully transfer title or right in any Digital Asset.

10.7

There are risks associated with using an Internet based currency, including but not limited to, the risk of hardware, software and Internet connections; the risk of malicious software introduction; the risk that third parties may obtain unauthorized access to information stored within your Wallet; and the risk of counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. You accept and acknowledge that Sentient will not be responsible for any communication failures, disruptions, errors, distortions or delays or losses you may experience when using blockchain technology, however caused.

10.8

The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of Digital Assets.

10.9

Sentient makes no guarantee as to the functionality of any blockchain's decentralized governance, which could, among other things, lead to delays, conflicts of interest, or operational decisions that are unfavorable to certain owners of certain Digital Assets. You acknowledge and accept that the protocols governing the operation of a blockchain may be subject to sudden changes in operating rules which may materially alter the blockchain and affect the value and function of Digital Assets supported by that blockchain.

10.10

Sentient makes no guarantee as to the security of any blockchain. Sentient is not liable for any hacks, double spending, stolen Digital Assets, or any other attacks on a blockchain.

10.11

The Service relies on, and Sentient makes no guarantee or warranties as to the functionality of or access to, any third-party Wallet (such as Privy).

11. DISCLAIMER OF WARRANTIES.

11.1 As Is.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. THE SENTIENT PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICE OR YOUR CONTENT.

11.1.1

THE SENTIENT PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (i) THE SERVICE OR ANY OUTPUT WILL MEET YOUR REQUIREMENTS (SUCH AS THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICE); (ii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE OUTPUT, ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

11.1.2

ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND/OR ANY DEVICE YOU USE TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

11.1.3

From time to time, Sentient may offer new "beta" features or tools with which its users may experiment, INCLUDING LIMITED ACCESS TO BETA VERSIONS OF THE APPS. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Sentient's sole discretion. The provisions of this section 11.1 apply with full force to such features or tools.

11.2 No Liability for Conduct of Third Parties.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THIRD PARTIES ON THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE SENTIENT PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE SENTIENT PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, ANY THIRD-PARTY PROVIDERS OF AI SERVICES, AND OPERATORS OF EXTERNAL SITES AND PROVIDERS OF USER ASSET INFORMATION, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. SENTIENT MAKES NO WARRANTY THAT THE SERVICES PROVIDED BY THIRD PARTIES (INCLUDING AI SERVICES) WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SENTIENT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH SERVICE, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE SERVICE.

11.3 Artificial Intelligence.

LAWS AND REGULATIONS GOVERNING USE OF GENERATIVE ARTIFICIAL INTELLIGENCE ARE RAPIDLY EVOLVING, AND SENTIENT DOES NOT GUARANTEE THAT YOUR USE OF THE SERVICE OR OUTPUT WILL COMPLY WITH APPLICABLE LAWS AND REGULATIONS OR THAT FUTURE LAWS AND REGULATIONS WILL NOT IMPACT YOUR USE THEREOF. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICE AND ANY OUTPUT COMPLIES WITH ALL APPLICABLE LAWS.

11.4

SENTIENT IS NOT AN INVESTMENT OR FINANCIAL ADVISOR. NEITHER SENTIENT NOR ITS SUPPLIERS OR LICENSORS SHALL BE RESPONSIBLE FOR INVESTMENT AND OTHER FINANCIAL DECISIONS, OR DAMAGES OTHER LOSSES RESULTING FROM USE OF THE SERVICE OR ANY WALLET. NEITHER SENTIENT NOR ITS SUPPLIERS OR LICENSORS SHALL BE CONSIDERED AN "EXPERT" UNDER THE APPLICABLE SECURITIES LEGISLATION IN YOUR JURISDICTION. NEITHER SENTIENT NOR ITS SUPPLIERS OR LICENSORS WARRANT THAT THE SERVICE COMPLIES WITH THE REQUIREMENTS OF ANY APPLICABLE REGULATORY AUTHORITY, SECURITIES AND EXCHANGE COMMISSION, OR ANY SIMILAR ORGANIZATION OR REGULATOR OR WITH THE SECURITIES LAWS OF ANY JURISDICTION. YOU SHOULD CONSULT A LICENSED PROFESSIONAL BEFORE TAKING ANY ACTION IN RELIANCE ON ANY OUTPUT FROM ANY APP. THE SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY AND SENTIENT DOES NOT PROVIDE ANY FINANCIAL OR INVESTMENT ADVICE OR RECOMMENDATIONS, WITH RESPECT TO ANY DIGITAL ASSETS OR OTHERWISE.

12. LIMITATION OF LIABILITY.

12.1 Disclaimer of Certain Damages.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE SENTIENT PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE SERVICES, IN EACH CASE WHETHER OR NOT ANY SENTIENT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE, OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR THIRD PARTIES, ON ANY THEORY OF LIABILITY, INCLUDING TO THE EXTENT RESULTING FROM: (a) THE USE OR INABILITY TO USE THE SERVICE; (b) ANY DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATED TO THE SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY OF AN SENTIENT PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A SENTIENT PARTY'S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A SENTIENT PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.

12.2 Cap on Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SENTIENT PARTIES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO Sentient by you during the three-month period prior to the act, omission or occurrence giving rise to such liability; (b) $100; or (c) IF APPLICABLE, THE STATUTORY REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY DOES NOT APPLY TO LIABILITY OF A SENTIENT PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A SENTIENT PARTY'S NEGLIGENCE; OR (ii) ANY INJURY CAUSED BY A SENTIENT PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.

12.3 User Content.

SENTIENT ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

12.4 Exclusion of Damages.

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

12.5 Basis of the Bargain.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SENTIENT AND YOU.

12.6 Non-Reliance.

All claims, content, designs, algorithms, estimates, roadmaps, specifications, and performance measurements with respect to or otherwise described in the Service are done in the good faith efforts of Sentient and its affiliates. It is up to you to check and validate their accuracy and truthfulness. Furthermore, nothing in the Service constitutes a solicitation for investment. Any such Content produced by Sentient has not been subject to audit. Sentient does not encourage, induce, or sanction the deployment, integration, or use of the Service in violation of applicable laws or regulations and hereby prohibits any such deployment, integration or use. This includes use of any such applications by you (a) in violation of export control or sanctions laws of the United States or any other applicable jurisdiction, (b) if you are located in or ordinarily resident in a country or territory subject to comprehensive sanctions administered by OFAC, or (c) if you are or are working on behalf of a Specially Designated National ("SDN") or a person subject to similar blocking or denied party prohibitions. You should be aware that U.S. export control and sanctions laws prohibit U.S. person (and other persons that are subject to such laws) from transacting with persons in certain countries and territories or that are on the SDN list.

13. TERM AND TERMINATION.

13.1 Term.

The term of this Agreement commences on the date when you accept this Agreement (as described in the preamble above) and continues in full force and effect while you use the Service, unless terminated earlier in accordance with this Agreement.

13.2 Prior Use.

Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used the Service, or (b) the date you accepted the Agreement, and will remain in full force and effect while you use any Service, unless earlier terminated in accordance with the Agreement.

13.3 Termination of Service by Sentient.

Sentient is free to terminate (or suspend access to) your use of the Service for any reason in our discretion, including your breach of this Agreement. Sentient has the sole right to decide whether you are in violation of any of the restrictions set forth in this Agreement. If we suspend your use of the Service, you may continue to access your Wallet directly or through other services not hosted by us. Sentient will not have any liability whatsoever to you for any suspension or termination. Users agree that Sentient is not liable for loss of access to AI models or tokens resulting from account termination.

13.4 Termination by You.

If you want to terminate the Service provided by Sentient, you may do so by ceasing your use of the Service. You may continue to access your Wallet directly or through other services not hosted by us.

13.5 Effect of Termination.

Upon termination of the Service or the applicable feature or functionality thereof, your right to use the Service or the applicable feature or functionality thereof will automatically terminate, and we reserve the right (but have no obligation) to delete any Content associated with your Account. If we terminate your Account for cause, we may also bar your further use or access to the Service. Sentient will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of this Agreement which by their nature should survive, will survive termination of Service, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

13.6 No Subsequent Registration.

If this Agreement is terminated for cause by Sentient or if your Account or ability to access the Service is discontinued by Sentient due to your violation of any portion of this Agreement or for conduct otherwise deemed inappropriate, then you agree that you shall not attempt to re-register with or access the Service through use of a different member name or otherwise.

14. INTERNATIONAL USERS.

The Service may be accessed from countries around the world and may contain references to services and Content that are not available in your country. These references do not imply that Sentient intends to provide such service or Content in your country. The Service is controlled and offered by Sentient from its facilities in the United States of America. Sentient makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other countries do so at their own volition and are responsible for compliance with local law.

15. ARBITRATION AGREEMENT.

Please read this Section (the "Arbitration Agreement") carefully. It is part of your contract with Sentient and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

15.1 Applicability of Arbitration Agreement.

Subject to the terms of this Arbitration Agreement, you and Sentient agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of any Service (including the Website and/or the Apps), any communications you receive, any products sold or distributed through the Service or this Agreement and prior versions of this Agreement, including claims and disputes that arose between you and us before the effective date of this Agreement (each, a "Dispute") will be resolved by binding arbitration, rather than in court, except that: (a) you and Sentient may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (b) you or Sentient may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, "Dispute" will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement. This Arbitration Agreement does not apply to claims involving alleged violations of regulatory compliance matters, or any claim where injunctive relief is sought by a government entity.

15.2 Informal Dispute Resolution.

There might be instances when a Dispute arises between you and Sentient. If that occurs, Sentient is committed to working with you to reach a reasonable resolution. You and Sentient agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome ("Informal Dispute Resolution"). You and Sentient therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement ("Informal Dispute Resolution Conference"). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference ("Notice"), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Sentient that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to contact@sentient.xyz. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party's Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this Section.

15.3 Waiver of Jury Trial.

YOU AND SENTIENT HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Sentient are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 15.1 (Applicability of Arbitration Agreement). There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

15.4 Waiver of Class and Other Non-Individualized Relief.

YOU AND SENTIENT AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 15.9 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 15.9 (Batch Arbitration). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this Section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Sentient agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Delaware. All other Disputes shall be arbitrated or litigated in small claims court. This Section does not prevent you or Sentient from participating in a class-wide settlement of claims.

15.5 Rules and Forum.

This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Sentient agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association ("AAA"), in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the "Request"). The Request must include: (a) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account; (b) a statement of the legal claims being asserted and the factual bases of those claims; (c) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (d) a statement certifying completion of the Informal Dispute Resolution process as described above; and (e) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel's name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Unless you and Sentient otherwise agree, or the Batch Arbitration process discussed in Section 15.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules.

You and Sentient agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties' attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

15.6 Arbitrator.

The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 15.9 (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch.

15.7 Authority of Arbitrator.

The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (a) all Disputes arising out of or relating to Section 15.4 (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of Section 15.4 (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section 15.4 (Waiver of Class and Other Non-Individualized Relief) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (b) except as expressly contemplated in Section 15.9 (Batch Arbitration), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (c) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (d) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 15.9 (Batch Arbitration). The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

15.8 Attorneys' Fees and Costs.

The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Sentient need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys' fees and costs.

15.9 Batch Arbitration.

To increase the efficiency of administration and resolution of arbitrations, you and Sentient agree that in the event that there are one-hundred (100) or more individual Requests of a substantially similar nature filed against Sentient by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (a) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (b) appoint one arbitrator for each batch; and (c) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award ("Batch Arbitration").

All parties agree that Requests are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process ("Administrative Arbitrator"). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid by Sentient.

You and Sentient agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (i) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (ii) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

15.10 30-Day Right to Opt Out.

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: contact@sentient.xyz within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

15.11 Invalidity, Expiration.

Except as provided in Section 15.4 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Sentient as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

15.12 Modification.

Notwithstanding any provision in this Agreement to the contrary, we agree that if Sentient makes any future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within thirty (30) days of such change becoming effective in writing to Sentient at contact@sentient.xyz your continued use of the Service, including the acceptance of products and services offered on the Service following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or this Agreement, the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect. Sentient will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.

16. GENERAL PROVISIONS.

16.1 Electronic Communications.

The communications between you and Sentient may take place via electronic means, whether you visit the Service or send Sentient emails, or whether Sentient posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Sentient in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Sentient electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. ("E-Sign").

16.2 Assignment.

The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Sentient's prior written consent. Sentient may, without your consent, freely assign and transfer this Agreement, including any of its rights, obligations, or licenses granted under this Agreement. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

16.3 Force Majeure.

Sentient shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

16.4 Questions, Complaints, Claims.

If you have any questions, complaints or claims with respect to the Service, please contact us at: contact@sentient.xyz. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

16.5 Consumer Complaints.

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

16.6 Agreement Updates.

When changes are made, Sentient will make a new copy of this Terms of Use and/or Supplemental Terms, as applicable, available on the Service, and we will also update the "Last Updated" date at the top of this Agreement. If we make any material changes and you have registered an Account with us, we may also send an email with notice of such changes to you at the email address associated with your Account. Unless otherwise stated in such update, any changes to this Agreement will be effective immediately for users without an Account and thirty (30) days after posting for users with an Account. Sentient may require you to provide consent to the updated Agreement in a specified manner before further use of the Service is permitted. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SERVICE.

16.7 Exclusive Venue.

To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Sentient agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in Wilmington, Delaware.

16.8 Governing Law.

This AGREEMENT and any action related thereto will be governed and interpreted by and under the laws of the State of DELAWARE, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the AGREEMENT.

16.9 Choice of Language.

It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.

16.10 Notice.

Where Sentient requires that you provide an email address, you are responsible for providing Sentient with a valid and current email address. In the event that the email address you provide to Sentient is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, Sentient's dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Sentient at the following address: contact@sentient.xyz. Such notice shall be deemed given when received by Sentient.

16.11 Waiver.

Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

16.12 Severability.

If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.

16.13 Export Control.

You may not use, export, import, or transfer the Service except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. In particular, but without limitation, the Service may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Service, you represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Sentient are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Sentient products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

16.14 Entire Agreement.

The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.