Last Updated: September 11, 2026
These Terms of Service (these “Terms”) are between you and Ulys Holdings, Inc., (“Ulys” or “we” or “us” or “our”), and govern your access to our website(https://ulysapp.com/) (including all top-level domain and subdomain pages, the “Site”) and use of all versions of our Offerings.
Ulys provides certain software services via a mobile device software application (“App”), which enables users to securely self-custody their Digital Assets in embedded, self-custodial blockchain accounts (“Wallet(s)”). The App allows you to engage in on-chain transactions of various Digital Assets across different blockchain networks, view information about various Digital Assets and market signals, interact with AI Features (defined below), and access any additional functionality, features, products, or services as Ulys may add from time to time (together with the App and Wallet, the “Offerings”).
Transactions you initiate through the App may interact with third-party protocols, smart contracts, and other Third-Party Services (defined below); they are executed on public blockchain networks that we do not own, operate, or control.
“Digital Asset(s)” refer to those particular tokens, cryptocurrencies, virtual currencies, coins, crypto-assets and other blockchain-based digital assets supported by the App and integrated with the Wallet, as decided by Ulys in its sole discretion. We may in our sole discretion add or terminate support for any particular Digital Asset, blockchain network, protocol, or Third-Party Service. The Offerings, the list of supported Digital Assets, and access to Third-Party Services may vary by jurisdiction, as described in the section entitled "Availability; Restricted Jurisdictions."
By accessing the Site or using any of the Offerings, you agree to be bound by these Terms. Our Privacy Policy (https://ulys.ai/legal/privacy-policy) describes how we collect, use, and share information; it is not part of these Terms, and we encourage you to read it. If you do not agree to be bound by these Terms, you may not access the Site or use the Offerings.
Changes to these Terms. We may make changes to these Terms from time to time. If we do, we will post the updated Terms on the Site and indicate the date they were last updated. If a change is material, we will provide notice through the App or by other electronic communication before the change takes effect and, where required by applicable law, will ask you to affirmatively accept the updated Terms. Other changes are effective when posted. Your continued use of the Offerings after the effective date constitutes acceptance of the updated Terms. If you do not agree to updated Terms, you must stop using the Offerings; you may export your private key and transfer your Digital Assets at any time as described in these Terms.
IMPORTANT NOTICE: THESE TERMS INCLUDE A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS, GROUP OR REPRESENTATIVE ACTIONS, A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND AN AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION ON AN INDIVIDUAL BASIS IN THE SECTION ENTITLED "DISPUTE RESOLUTION." PLEASE READ THESE TERMS CAREFULLY.
Availability and Jurisdiction. The Offerings, and individual features, assets, networks, protocols, and third-party services within them, are not available in all countries or regions and may change at any time. Certain features are provided by third parties and are available only where those third parties are able to offer them. We may restrict or withdraw access to the Offerings or any feature by jurisdiction, including through App Store country and region availability settings and IP-based or device-based controls, and you may not circumvent any such restriction, including by use of a VPN, VOIP, proxy, or false location or residence information. You may not access the Offerings if you are located in or are a resident of a comprehensively sanctioned jurisdiction, or if you are a person listed on the OFAC SDN List or a comparable UN, UK, or EU list. You are responsible for compliance with the laws that apply to you, and nothing in the Offerings is an offer or solicitation in any jurisdiction where that would be unlawful.
Ulys reserves the right to add additional International Terms Supplement if and when necessary to comply with international regulations and updates.
You must be at least 18 years of age or, if greater, the age of majority in your country of residence.
You must create an account (“Account”) to access and use the Offerings. You may be required to verify your mobile phone number or complete other security verification procedures before using some of the Offerings or Third-Party Services. You are responsible for all activity that occurs under your Account. We reserve the right to suspend or terminate your Account, including if you provide inaccurate, untrue, or incomplete information, or if you fail to comply with the Account registration requirements or these Terms.
In addition, to be eligible to use the Offerings, you represent and warrant that:
(a) You are not located in, and are not a resident, national, or entity established under the laws of, any jurisdiction that is subject to comprehensive sanctions administered by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC");
(b) You are not (and no person or entity that owns or controls you is) identified on any list of prohibited or restricted parties, including the OFAC Specially Designated Nationals and Blocked Persons List ("SDN List") or any other U.S. non-SDN restricted or prohibited parties lists; the United Nations Security Council Consolidated List; lists maintained by the United Kingdom (HM Treasury), the European Union or its Member States, or any other applicable sanctions authority; and
(c) You may only use the Offerings if, and to the extent, permitted under the laws of your jurisdiction.
For the avoidance of doubt, you may not download, install, access, or use the Offerings if you are located in, or a citizen or resident of, any jurisdiction where such use would be illegal or would violate any applicable law or regulation.
The Offerings, or particular features, Digital Assets, blockchain networks, protocols, or Third-Party Services, may not be available in all jurisdictions, and availability may change at any time. We maintain a list of jurisdictions in which the Offerings, or specified features of the Offerings, are unavailable. Availability of particular Digital Assets, or of categories of Digital Assets, may also vary by jurisdiction. We may use technical measures, including app-store country availability settings and IP-based or device-based controls, to enforce availability restrictions, and we may suspend, restrict, or discontinue the Offerings or any feature, Digital Asset, blockchain network, protocol, or Third-Party Service, in whole or in part, in any jurisdiction, at any time, including where we determine that continued availability may violate applicable law or subject Ulys to regulatory risk.
You agree not to access or attempt to access the Offerings from a jurisdiction in which the Offerings or the relevant feature are unavailable or restricted, and not to circumvent or attempt to circumvent any geographic or feature restriction, including through the use of any virtual private network, proxy, or similar tool. Restrictions on availability do not affect your ownership of Digital Assets in your Wallet or your ability to export your private key.
You are responsible for creating a strong password and maintaining security and control of any and all electronic devices, and any other credentials that you use to access the Offerings.
You agree that you will not disclose your Account credentials to anyone and that you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, or that relate to or are otherwise referable to your Account credentials, whether or not you know about them.
Your Wallet is a self-custodial, user-owned wallet provided through embedded wallet infrastructure operated by Privy, Inc. (“Privy”), a third-party wallet infrastructure provider. When you create a Wallet, its private-key material is split into encrypted shares using Shamir’s Secret Sharing and maintained across segregated services. For transaction signing, the key material is briefly reconstituted inside a hardware-isolated trusted execution environment, used to sign the transaction only following your authentication and authorization, and then discarded. Ulys does not hold, see, or control your complete private key, and Privy does not possess it in complete form at rest or access it in the ordinary course. Ulys cannot initiate, sign, approve, block, or reverse a transaction from your Wallet and holds no key share, signing authority, wallet policy, or other permission over it. You may export your private key through Privy’s secure export process and use your Wallet independently of Ulys or Privy.
When you create your Wallet, you must establish a recovery method, such as an encrypted backup of your key material stored by a method that you control (your “Recovery Method”). You may export the private key associated with your Wallet at any time by following the instructions in the App Ulys, including following any suspension or termination of your Account, subject to security verification.
You are solely responsible for the retention and security of your Account credentials and your Recovery Method. Your Account credentials and Recovery Method are required to access the Digital Assets associated with your Wallet. Anyone that has access to your Account credentials or your Recovery Method may be able to access your Digital Assets.
IF YOU LOSE ACCESS TO YOUR ACCOUNT CREDENTIALS AND YOUR RECOVERY METHOD, YOU MAY PERMANENTLY LOSE ACCESS TO THE DIGITAL ASSETS IN YOUR WALLET. YOU ACKNOWLEDGE THAT ULYS DOES NOT STORE YOUR PRIVATE KEY OR YOUR RECOVERY METHOD AND CANNOT RECOVER THEM FOR YOU. YOU AGREE TO HOLD ULYS AND ITS AFFILIATES HARMLESS FOR ANY LOSSES ARISING FROM ULYS THE LOSS OR COMPROMISE OF YOUR ACCOUNT CREDENTIALS OR RECOVERY METHOD, OR YOUR RESULTING INABILITY TO ACCESS YOUR DIGITAL ASSETS.
The Offerings enable you to interact with third-party service providers, including without limitation decentralized exchanges (“DEXs”), decentralized applications (“Dapps”), decentralized lending protocols, faucets, bridges, infrastructure tools, or fiat and stablecoin on/off ramps (collectively, “Third-Party Service(s)”). When interacting with any Third-Party Service, you understand that you are transacting with or through that Third-Party Service, not with us.
We determine which Digital Assets, blockchain networks, protocols, and Third-Party Services are supported by the App, and each transaction type is supported by the integrations configured in the App for that transaction type. Where more than one option is available to complete a transaction you initiate, we may display those options and provide tools that allow you to sort or filter them based on objective factors. We do not evaluate, rank, or recommend among the options we display, we do not provide best execution, and we do not undertake to obtain any particular price, rate, or execution outcome for you. Before authorizing a transaction, you review the transaction details presented in the App, including the Digital Asset, blockchain network, amount, applicable rate, slippage tolerance, and fees. We do not provide investment advice and do not make recommendations about any Digital Asset or transaction, and the availability or display of any Digital Asset, protocol, or Third-Party Service through the App is not a representation that it is suitable for you, error-free, or secure. We receive compensation in connection with certain Third-Party Services, as described in the section entitled "Fees and Our Compensation.”
We provide access to Third-Party Services for your convenience. We do not own, operate, or control Third-Party Services, and we do not guarantee, and are not responsible for, their availability, legitimacy, security, or performance, the content, products, services, or tokens on or accessible from them, or the accuracy of information they provide. You are solely responsible for any fees or costs charged by Third-Party Services. Third-Party Services may provide access to Digital Assets or transactions involving Digital Assets which have high risks of illiquidity, devaluation, lockup, or loss. Except as expressly stated in these Terms, Ulys and its affiliates shall not bear any liability for any harm or damage caused by any Third-Party Service. You should use care when interacting with any Third-Party Service.
Incentives or User Rewards. In connection with your use of the Offerings, Ulys may, from time to time and in its sole discretion, make available certain incentive, promotional, referral, bounty, grant, gift, or reward programs (collectively, “User Rewards”). Participation in any User Rewards program is entirely voluntary and subject to these Terms, any Supplemental Terms associated with the applicable program, and applicable law.
Details regarding the criteria for earning and receiving User Rewards will be described within the applicable Offering or in official documentation provided on the Site or in the App. Upon your complete satisfaction of all criteria for obtaining a User Reward, and subject to your compliance with the associated Supplemental Terms, these Terms, and applicable law, Ulys or, where applicable, a provider of a Third-Party Service, will use commercially reasonable efforts to transfer the earned User Reward to your Wallet address.
Subject to applicable law, Ulys reserves the right, at any time, to (i) change, modify, suspend, or cancel any User Rewards program, including the type, frequency, criteria, or availability of rewards; (ii) determine, substitute, or adjust the form, value, or method of delivery of any User Reward; and (iii) interpret and administer any User Rewards program in its sole discretion. You acknowledge that User Rewards are not guaranteed, may be subject to expiration, forfeiture, or additional eligibility conditions, and that Ulys shall have no liability for any modification, suspension, or cancellation of a User Rewards program, or for any delay, substitution, or failure in delivery of any User Reward.
Fees we charge you. We may charge fees for using some or all of the Offerings, including but not limited to transaction fees, premium feature fees, and AI Features fees. Fees we charge are set by us and are separate from any Third-Party Fees described below. We will disclose the amount of any fee we charge you for the applicable Offering before you incur it, in the transaction flow or other notice to you. Fee amounts may be displayed in USD, Digital Assets, or other denominations as determined by us. We reserve the right to change fees, introduce new fees, modify fee structures, or discontinue fee waivers, with reasonable advance notice of changes that increase the fees you pay.
Arrangements with third parties; compensation we receive. We have entered into, and may in the future enter into, arrangements with third parties, including protocols and other Third Party Services accessible through the App, that provide for referral or integration payments, protocol incentives, or other consideration to us. Where an arrangement of this kind is material to your use of an Offering, we describe it, and any resulting conflict of interest, on either a specific terms document or within our Privacy Policy (https://ulys.ai/legal/privacy-policy).
Third-party fees. You may incur charges or fees from third parties when using the Third-Party Services available through the Offerings, including but not limited to: (i) Dapp fees; (ii) DEX protocol fees; (iii) blockchain network fees and gas costs; (iv) miner or validator fees; (v) liquidity provider fees; (vi) bridge or cross-chain transaction fees; and (vii) other access, usage, or subscription fees (collectively, “Third-Party Fees”). Third-Party Fees are not set by us and are beyond our control. We cannot guarantee the accuracy of any Third-Party Fees proposed, quoted, or charged to you by any third party or technology system that we do not control. You are solely responsible for all third-party fees, even when Subsidies (defined below) may apply to reduce your net cost.
Fee presentation. The fees applicable to a transaction will be made visible to you in the transaction flow at the time you access the applicable Offering. Depending on the Offering and the Third-Party Services involved, amounts may be presented individually or on a combined basis, and rates displayed in the App may be calculated with applicable fees applied.
Fee estimates. Fee estimates provided through the Offerings are approximations based on current network conditions and may differ from actual fees charged. Actual fees may vary due to network congestion, market volatility, gas price fluctuations, or other factors. You acknowledge that blockchain transaction fees can be highly variable and may increase significantly during periods of network congestion.
No refunds. Unless required by applicable law or expressly stated otherwise, any fee we charge you is final and non-refundable once the applicable Offering has been provided, including any subscription or other recurring fee we may charge for a partially used period. Blockchain network fees are consumed by the applicable network whether or not a transaction succeeds, and we cannot recover or reverse them. Fees charged by a Third-Party Service are a matter between you and that third party; we cannot reverse a completed on-chain transaction or obtain a refund on your behalf. This paragraph applies regardless of any Subsidies that may have been applied to reduce your costs, and does not limit any non-waivable refund or cancellation right you have under applicable law.
From time to time, in our sole discretion, we may subsidize all or a portion of blockchain network fees, gas costs, or other costs for transacting with certain Digital Assets (“Subsidies”). The availability, amount, duration, and scope of Subsidies are determined by us and may vary based on factors including: (a) the specific Digital Asset involved; (b) transaction types and amounts; (c) Account status or tier; (d) market conditions; (e) our business objectives; and (f) technical capabilities. We may modify, suspend, or discontinue Subsidies at any time. Subsidies do not create any ongoing obligation or expectation of continued subsidization.
You represent and warrant that you own and control the Digital Assets held in or controlled by your Wallet. As such you acknowledge that:
By using the Wallet and Offerings you are at no time transferring control or title to the Digital Assets in your Wallet to Ulys;
You bear all risk of loss or devaluation of such Digital Assets; and
At any time (subject to outages, downtime, and other applicable policies), you may transfer or withdraw your Digital Assets by sending those Digital Assets to a different blockchain address, or export your private key by following the instructions in the App.
Blockchain transactions are executed by the applicable blockchain network and, once confirmed, are final and irreversible. Before authorizing any transaction, you are solely responsible for reviewing and confirming all transaction details, including the Digital Asset, amount, recipient address, blockchain network, and applicable fees. Ulys cannot cancel, reverse, or recover any transaction after you authorize it, including transactions sent to an incorrect, incompatible, or unsupported address or network, transactions affected by your slippage settings, and transactions you authorize on the basis of AI-prepared or prefilled parameters. Digital Assets sent to an address or network not supported by the App may be permanently lost.
We are continuously developing the Offerings. We may add, modify, restrict, suspend, or discontinue any Offering or any feature, Digital Asset, blockchain network, protocol, or Third-Party Service, in whole or in part, at any time. Certain features may be identified as beta, experimental, preview, or early access; these features may be modified or withdrawn at any time and may be subject to Supplemental Terms. Where a change would materially and adversely affect a feature for which you have paid us a fee, we will provide reasonable advance notice where practicable.
All content (“Content”) in the Site, App, and Offerings, including text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available by us through the Offerings are the proprietary property of Ulys or its licensors. Ulys or its licensors own all right, title, and interest in the Offerings and such Content, including intellectual property rights. Content does not include your Digital Assets, your transaction data recorded on public blockchain networks, or market and asset data supplied by third-party sources, which remain subject to their own terms. You may use outputs generated for you by the AI Features for your personal, informational purposes in connection with the Offerings. You acknowledge that the Site, Offerings, and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Offerings or the Content.
Our Offerings include AI agents, large language models, and AI-powered assistants, including an in-app AI assistant ("Ulys AI"), that analyze publicly available information about Digital Assets and their respective blockchain networks and protocols, generate market signals, insights, educational content, and conversational guidance, and prepare transaction configurations for your review (collectively, the "AI Features"). AI Features may include, without limitation, natural language chat interfaces, pre-configured prompts, suggested follow-up questions, asset-specific information, transaction preparation and prefilling, and app navigation assistance. Where you interact with an AI Feature, the App will identify it as such, and content generated by AI Features is machine-generated.
AI Features are subject to inherent limitations including: (a) reliance on historical training data that may not reflect current conditions; (b) potential inaccuracy during market volatility, extraordinary events, or unprecedented conditions; (c) possible bias, errors, omissions, outdated information, misleading outputs, or hallucinations (instances where AI generates information that appears plausible but is factually incorrect or fabricated); (d) dependency on third-party data sources, application programming interfaces, machine learning models and services, including potential latency, downtime, degradation, unavailability, or inaccuracy of such data; (e) inability to predict black swan events or account for all market factors; and (f) AI Features do not have access to, custody of, or control over your private key, Recovery Method, Wallet, or any Digital Assets, and cannot independently execute, authorize, sign, or submit any transaction on your behalf. Market signals may produce false positives or contradictory results and should not be your sole basis for trading decisions. AI-generated outputs should be independently verified and should not be relied upon as the sole basis for any decision, particularly decisions involving the purchase, sale, transfer, or management of Digital Assets. You acknowledge that purchasing and transacting in Digital Assets involves a substantial risk of loss and that you should consult qualified professionals before making financial decisions.
ALL AI-GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT GENERATED BY ULYS AI, IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE INVESTMENT ADVICE, FINANCIAL ADVICE, TAX ADVICE, LEGAL ADVICE, FINANCIAL RECOMMENDATIONS, OR PROFESSIONAL GUIDANCE OF ANY KIND. AI FEATURES ARE CAPABLE OF MAKING MISTAKES, GENERATING INACCURATE OR INCOMPLETE INFORMATION, AND PRODUCING OUTPUTS THAT MAY APPEAR PLAUSIBLE BUT ARE INCORRECT. WE MAKE NO WARRANTIES REGARDING AI FEATURE ACCURACY, RELIABILITY, COMPLETENESS, OR PERFORMANCE. AI FEATURES ARE PROVIDED "AS IS" AND MAY BE MODIFIED, SUSPENDED, OR DISCONTINUED AT ANY TIME WITHOUT NOTICE. YOU ASSUME ALL RISKS FROM USING AI FEATURES AND, EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, WE ARE NOT LIABLE FOR ANY LOSSES, DAMAGES, OR COSTS RESULTING FROM RELIANCE ON AI-GENERATED INFORMATION OR AI-PREPARED TRANSACTION CONFIGURATIONS. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ANY INFORMATION PROVIDED BY AI FEATURES BEFORE TAKING ANY ACTION.
Ulys AI is an AI-powered assistant integrated into the App that is designed to serve as an educational tool and app navigation assistant. Ulys AI's purpose is to help you learn about Digital Assets, blockchain technology, and the features available within the App. AI Features, including Ulys AI, are not a financial advisor, investment advisor, broker-dealer, or fiduciary of any kind, and do not provide, and shall not be construed as providing, investment advice, financial recommendations, tax guidance, legal counsel, or any other form of professional advice. AI Features generate the same generally available categories of information for all users. They do not evaluate your personal circumstances, financial situation, objectives, holdings, or transaction history, and their outputs are not based on and do not take account of them.
AI Features, including Ulys AI, may prepare, prefill, or suggest transaction configurations, including buy, sell, swap, and send parameters, and present such configurations for your review within the App. These AI-prepared transaction configurations are preliminary and informational only. No transaction prepared by an AI Feature is executed, submitted to any blockchain network, or otherwise finalized until you independently review all transaction details and provide your explicit authorization and confirmation through the App's standard transaction confirmation process. You are solely responsible for verifying the accuracy and completeness of all transaction parameters, including but not limited to asset type, amount, recipient address, network fees, and slippage tolerance, before confirming any transaction. Ulys shall not be liable for any losses arising from your failure to review AI-prepared transaction configurations or from errors in AI-generated transaction parameters that you approve.
By using AI Features, you agree that: (a) you will not rely on AI-generated content as a substitute for professional financial, investment, tax, or legal advice; (b) you will independently verify all information provided by AI Features before making any financial decision or executing any transaction; (c) you understand that AI Features are capable of making mistakes and may produce inaccurate, incomplete, or misleading outputs; (d) you are solely responsible for any decisions or actions you take based on AI-generated content; and (e) you will review all AI-prepared transaction configurations carefully before providing your authorization.
Ulys reserves the right to modify, suspend, limit, or discontinue any AI Features, including Ulys AI, at any time and without prior notice. Ulys may update the underlying models, data sources, capabilities, or behavior of AI Features at its sole discretion. Such modifications may affect the nature, quality, or availability of AI-generated outputs. Ulys shall have no liability for any modification, suspension, or discontinuation of AI Features.
Subject to your compliance with these Terms, Ulys grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to use and to access the Site and the Offerings for the purposes of accessing and using the Wallet and any Offerings in accordance with these Terms.
Furthermore, you agree not to use Our Marks unless you obtain our prior written consent. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we sponsor, endorse, or contribute to you or your business endeavors). You will not imply any relationship or affiliation between us and you. For the purposes of these Terms, “Our Marks” means any trademarks, service marks, service or trade names, logos, trade dress and other designations of source, origin, sponsorship, certification or endorsement of Ulys or its affiliates or their respective licensors.
We welcome your feedback, comments, ideas, and suggestions for improvements to the Site and Offerings (“Feedback“). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
You agree that you will not use the Site, App, or any of the Offerings in ways that:
Violate any applicable law or regulation or legal duty, or are defamatory, threatening, intimidating, or harassing;
Violate, misappropriate, or infringe the rights of Ulys, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
Avoid, disable, interfere with or circumvent any aspect of the Site, Wallet, and Offerings, including any geographic or feature restriction, or any of our providers or vendors of Third-Party Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Offerings; or
Encourage or enable any other (natural or legal) person to do any of the foregoing.
You agree to comply with all applicable laws including but not limited to export restrictions, end-user restrictions, antiterrorism laws, and economic sanctions. You are not permitted to use the Offerings if doing so would violate the Eligibility requirements set forth above or any applicable laws and regulations.
We reserve the right, in our sole discretion, to deny access to the Offerings or any features, to suspend or terminate your Account, or to take such other action as we deem appropriate if we determine (or have reason to believe) that you have violated these Terms or any applicable law.
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with your Account and your use of the Offerings. You are required to provide your mobile phone number to create a Wallet and use certain Offerings for Account verification and security purposes. By providing your phone number to Ulys, you agree to receive text messages and push notifications from us concerning your Account and the Offerings, such as Account verification, security alerts, and service and feature updates. We will send you marketing or promotional communications, including messages about promotions or marketing campaigns, only where you have consented or as otherwise permitted by applicable law, and you may opt out of marketing communications at any time through the App or as described in the message. Standard text message charges applied by your telephone carrier may apply to text messages we send. Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by posting to the Site or in the Offerings, and/or through other electronic communication, subject to the “Changes to these Terms” section above.
We may suspend or terminate your access to and use of the Offerings at any time, including if we determine (or have reason to believe) that you have violated these Terms or applicable law, that suspension or termination is required by law, or that it is necessary to protect the Offerings, Ulys, or other users. You may close your Account at any time by following the account closure instructions in the App.
Termination, suspension, or closure of your Account does not affect your ownership or control of the Digital Assets in your Wallet. Following any termination, suspension, or closure, you will retain the ability to export your private key by following the instructions in the App, subject to security verification and applicable law, and you may transfer your Digital Assets using your exported key.
Upon any termination, discontinuation or cancellation of the Offerings or your Account: (i) except as provided in the preceding paragraph, all rights and licenses granted to you under these Terms shall cease; and (ii) the following provisions will survive: Fees and Our Compensation (as to amounts accrued), Ownership and Control, Your Responsibility for Transactions, Content, AI Features and Ulys AI, Licenses and Ownership, Feedback, Termination, No Professional Advice or Fiduciary Duties, Warranty Disclaimers, Indemnity, Limitation of Liability, Dispute Resolution, and Miscellaneous.
All information provided in connection with your access and use of the Site, Wallet, and Offerings, including without limitation all content, outputs, responses, market signals, insights, educational materials, and transaction configurations generated by AI Features or Ulys AI, should not and may not be construed as professional advice. You should not take, and should refrain from taking, any action based on any information contained on the Site, Wallet, or in the Offerings, or any other information we make available at any time, including, without limitation, blog posts, articles, links to third-party content, discord or telegram content, news feeds, tutorials, tweets and videos, and any AI-generated content or AI-prepared transaction configurations. AI Features, including Ulys AI, are designed to serve educational and informational purposes and to assist with app navigation; they do not provide and shall not be construed as providing investment advice, financial recommendations, or professional guidance of any kind. Before you make any financial, legal or other decisions involving the Offerings or use thereof, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate. These Terms are not intended to, and do not, create or impose any fiduciary duties on us. You further agree that the only contractual duties and obligations that we have to you are expressly set out in these Terms
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE OFFERINGS, AI FEATURES, AND CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SITE AND OFFERINGS, AND ANY EXPERIMENTAL OR BETA FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ULYSLY SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. ULYS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE OFFERINGS OR ANY OF THE MATERIALS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. SERVICE INTERRUPTIONS MAY CAUSE YOU TO BE SIGNED OUT OF YOUR ACCOUNT AND REQUIRE YOU TO RE-ENTER YOUR ACCOUNT CREDENTIALS, OR OTHERWISE RESTORE ACCESS USING YOUR RECOVERY METHOD.
YOU ARE SOLELY IN CONTROL OF AND RESPONSIBLE FOR STORING AND SECURING YOUR ACCOUNT CREDENTIALS AND YOUR RECOVERY METHOD. ULYS DOES NOT STORE A BACKUP OF, AND WILL NOT BE ABLE TO RECOVER, YOUR ULYS PRIVATE KEY OR RECOVERY METHOD. YOU SHOULD ALWAYS MAINTAIN YOUR RECOVERY METHOD VIA SECONDARY MEANS.
IF YOU LOSE YOUR ACCOUNT CREDENTIALS AND YOUR RECOVERY METHOD, YOU MAY LOSE ACCESS TO ALL ASSETS STORED IN OR CONTROLLED BY YOUR WALLET.
OUR OFFERINGS RELY ON EMERGING DISTRIBUTED LEDGER TECHNOLOGIES AND THIRD-PARTY PROTOCOLS AND SERVICES, INCLUDING THE BLOCKCHAIN NETWORKS, DAPPS, AND DEXS IDENTIFIED IN THE APP, WHICH ULYS DOES NOT OPERATE, OWN, OR CONTROL. YOU EXPRESSLY ACKNOWLEDGE THAT WE DO NOT STORE, SEND, OR RECEIVE DIGITAL ASSETS ON YOUR BEHALF AND YOU AGREE THAT THE MESSAGES AND TRANSACTIONS YOU AUTHORIZE THROUGH THE WALLET AND OFFERINGS ARE FINAL AND IRREVERSIBLE. ULYS SHALL NOT BE LIABLE FOR THE FAILURE OF ANY MESSAGE OR TRANSACTION TO SEND TO OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM, OR FOR DIMINUTION OF VALUE OF ANY DIGITAL ASSET ON ANY BLOCKCHAIN NETWORK, AND ULYS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SAME.
ULYS SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING BLOCKCHAIN NETWORK CONGESTION, FORKS, REORGANIZATIONS OR OUTAGES, SMART CONTRACT FAILURES OR EXPLOITS AFFECTING THIRD-PARTY PROTOCOLS, FAILURES OF THIRD-PARTY INFRASTRUCTURE OR DATA PROVIDERS, ACTS OF GOVERNMENT, INTERNET OR TELECOMMUNICATIONS FAILURES, OR FORCE MAJEURE EVENTS.
You are solely responsible for determining, reporting, and paying all taxes that apply to your transactions and to any amounts you receive through the Offerings, including User Rewards. Ulys does not provide tax advice and, except as required by applicable law, does not withhold or remit taxes on your behalf.
You agree that you will indemnify and hold harmless Ulys and its affiliates, and each of their respective past, present, and future officers, directors, employees, advisors, consultants, and agents (“Indemnified Parties”) from and against any actual or alleged third-party claims, disputes, demands, liabilities, obligations, penalties, taxes, fees, interests, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”) arising out of or in any way connected with (i) your access to or use of the Site or Offerings, (ii) Third-Party Services, or (iii) your violation of these Terms. You agree to promptly notify us of any third-party Claims and cooperate with the Indemnified Parties in defending such Claims. You further agree that the Indemnified Parties shall have the right to control the defense or settlement of any third-party Claims as they relate to us, if it so chooses. This section does not apply to the extent prohibited by applicable law, and does not require you to indemnify any Indemnified Party for that party's own fraud, gross negligence, or willful misconduct.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, ULYS AND ITS AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE OR ACCESS THE OFFERINGS, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM OR RELATED TO THE COMPROMISE OR LOSS OF YOUR ACCOUNT CREDENTIALS OR FUNDS, OR LOSS OF OR INABILITY TO RESTORE ACCESS TO YOUR WALLET, OR THE DIGITAL ASSETS CONTROLLED BY AND STORED IN YOUR WALLET, OR FOR MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO ANY DIGITAL ASSET NETWORK, OR THE FAILURE OF ANY MESSAGE TO SEND OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM, OR FOR DIMINUTION OF VALUE OF ANY DIGITAL ASSET. ULYS AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE OFFERINGS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ULYS OR ITS AFFILIATES HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
ULYS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT LINKED THIRD-PARTY SERVICES, THE THIRD PARTIES THEY ARE OWNED AND OPERATED BY, THE INFORMATION CONTAINED ON OR PROVIDED BY THEM, DIGITAL ASSETS AVAILABLE THROUGH THEM, OR THE SUITABILITY, PRIVACY, OR SECURITY OF THEIR PRODUCTS OR SERVICES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF THIRD-PARTY SERVICES, THIRD-PARTY WEBSITES, APPLICATIONS, OR RESOURCES, INCLUDING RISK OF LOSS FOR DIGITAL ASSETS TRADED THROUGH, BY OR INFORMED BY SUCH THIRD-PARTY SERVICES. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, ULYS SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO OFFERINGS, AI FEATURES, CONTENT AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD PARTIES AND ACCESSED THROUGH THE SITE, CONTENT, AI FEATURES, OR OFFERINGS, INCLUDING ANY DAPPS OR DEXS.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS ULYS'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF YOU ARE A CONSUMER, YOU MAY HAVE RIGHTS UNDER THE MANDATORY LAWS OF YOUR COUNTRY OF RESIDENCE THAT THESE TERMS CANNOT MODIFY.
SUBJECT TO THE FOREGOING PARAGRAPH, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ULYS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.
If you have a dispute with us or if we have a dispute with you, the dispute shall be resolved through binding arbitration or in small claims court pursuant to the Ulys Arbitration Agreement in Appendix 1 below, which is incorporated herein. If you are a consumer resident outside the United States, the International Terms Supplement modifies the Ulys Arbitration Agreement as applied to you, and nothing in these Terms deprives you of any right under the mandatory law of your country of residence to bring proceedings in your local courts or before your local consumer dispute resolution bodies.
These Terms, together with the International Terms Supplement (where applicable to you), any Supplemental Terms (defined below), and the Ulys Arbitration Agreement, constitute the entire and exclusive understanding and agreement between Ulys and you regarding the Site, Account, and the Offerings, and supersede and replace any and all prior oral or written understandings or agreements between Ulys and you regarding the Site, Account, Wallet, App, and the Offerings. Certain features, programs, or promotions may be subject to additional terms presented to you when you access them ("Supplemental Terms"); Supplemental Terms are incorporated into these Terms by reference upon your acceptance or use of the applicable feature, and control over these Terms in the event of a conflict with respect to that feature.
If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the Ulys Arbitration Agreement or by a court of competent jurisdiction), then that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
These Terms and any action related thereto will be governed by the laws of the State of Delaware in the United States, without regard to Delaware's conflict of laws provisions. If you are a consumer resident outside the United States, this choice of law does not deprive you of the protection of any provisions that cannot be derogated from by agreement under the laws of your country of habitual residence.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision, or a waiver of the right to enforce any right or provision in the future. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of U. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
These Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of these Terms conflicts with the English (U.S.) version, the English (U.S.) version controls, except where prohibited by applicable law. Any heading, caption, or section title contained is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Ulys Holdings, Inc.
Support and complaints: Support@UlysApp.com
If you have a complaint, please contact us with a description of the issue and your Account email. We will acknowledge and review complaints and respond within a reasonable time.
Please read this section carefully because it requires you to arbitrate disputes with Ulys and limits the manner in which you can seek relief from us. No class, representative, mass, group or collective actions or arbitrations are allowed under these Terms. In addition, arbitration precludes you from suing in court or having a trial by jury.
Any capitalized term used herein without definition shall have the meaning assigned thereto in the Ulys Terms of Service.
Subject to the terms of this Ulys Arbitration Agreement (as amended, restated, supplemented or otherwise modified and in effect from time to time, the “Arbitration Agreement”), you and Ulys agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Site, the Offerings, or the Terms and prior versions of the Terms, including claims and defenses related to disputes that arose between us before the effective date of the Terms, including any and all claims for relief and theories of liability between you and Ulys, whether based in contract, tort, fraud, negligence, regulation, or ordinance; claims for relief under any state or federal statutes, including, but not limited to, the federal and any state analogs of the Telephone Consumer Protection Act, the Fair Credit reporting Act, Fair and Accurate Credit Transactions Act, and other statutes, including state and federal statutes relating to the collection of personal and/or biometric data; claims for common law fraud, misrepresentation, or any other legal or equitable theory arising out of your relationship with Ulys, and/or any interactions between you and Ulys (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and Ulys may assert claims or seek relief on an individual basis in small claims court located in the county of your residence, as determined by the records maintained by Ulys for your account if such claims qualify and remain in small claims court; and (2) you or Ulys may seek equitable and/or injunctive 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 the Terms as well as claims that may arise after the termination of the Terms. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
If you are a consumer resident outside the United States, this Arbitration Agreement applies to you only as modified by the Ulys International Terms Supplement, and only to the extent enforceable under the mandatory law of your country of residence.
YOU AND ULYS HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHTS OF ANY KIND, INCLUDING CONSTITUTIONAL AND OR STATUTORY RIGHTS, TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Ulys are instead knowingly and voluntarily electing that all Disputes shall be resolved by binding arbitration under this Arbitration Agreement, except as specified in the section entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is very limited.
YOU AND ULYS AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 8 OF THIS ARBITRATION AGREEMENT, ANY DISPUTE IS PERSONAL TO YOU AND EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, MASS, GROUP, OR OTHER 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, MASS OR GROUP 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 8 entitled “Mass 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, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief, you and Ulys 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 that are not severed shall be litigated in small claims court or arbitrated. This section does not prevent you or Ulys from participating in a class-wide settlement of claims.
For any Dispute that you have against Ulys, you may either proceed directly to arbitration, or you may first contact Ulys to attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Ulys by email at support@ulysapp.com. If you elect to pursue pre-arbitration resolution through the Notice option, the Notice must (a) include your name, residential address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Ulys shall also have the option, but not the requirement, to pursue informal pre-arbitration resolution with you through the Notice process set forth herein. Our notice to you, as and if applicable, will be similar in form to that described above. If you and Ulys cannot reach an agreement to resolve the claim through the Notice process, or if you or Ulys decide to immediately proceed to arbitration without pursuing pre-arbitration resolution through the Notice process, then either party may submit the dispute to binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with this provision, or, under the limited circumstances set forth above, in court.
You and Ulys agree that the Terms affect interstate commerce, and that transactions undertaken via the Offerings evidence 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 to the maximum extent permitted by applicable law.
The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Agreement. The AAA Rules are currently available at: https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. Ulys does not control the AAA web site linked herein, and makes no warranty of any kind as to the accuracy of the AAA rules found at this website and as to the continuing availability of this website. You either acknowledge and agree that you have read and understand the AAA Rules or waive your opportunity to read the AAA Rules and waive any claim that the AAA Rules are unfair or should not apply for any reason.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). If you initiate the arbitration, you must provide Ulys a copy of your Request by email at support@ulysapp.com or through Ulys’s registered agent for service of process. The Request must include: (1) the name, telephone number, mailing address, email address of the party seeking arbitration, and the username and wallet addresses (if any) associated with the applicable Account(s); (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought, including an accurate, good faith calculation of the amount in controversy in United States Dollars; (4) if you are the party making the Request, a statement certifying completion of the a statement of whether the party pursued the pre-arbitration Notice process described in this Section 4; and (5) 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: (1) 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; (2) 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 (3) 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 Ulys otherwise agree, or the Mass Arbitration process discussed in section 8 is triggered, the arbitration will be conducted in the state of Delaware or may be conducted telephonically or via video conference, if you agree. Subject to the AAA Rules, all disputes submitted to AAA will be resolved through confidential, binding arbitration before one arbitrator, unless they qualify for different treatment pursuant to Section 8 below. For Disputes alleging damages less than $30,000, the dispute will be decided on the basis of the parties’ written submissions and no final hearing or in person proceedings will be required absent the consent of both parties.
Otherwise, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration.
With respect to the disputes alleging damages of $30,000 or more, AAA shall designate an arbitrator who maintains his or her primary residence in the State of Delaware.
If the AAA is not available to arbitrate, the parties will jointly select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules or rules of the alternative arbitral forum selected, if applicable.
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) business days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Mass Arbitration process under section 8 is triggered, the AAA will appoint the arbitrator for each batch.
The arbitrator shall apply the law of the State of Delaware to all substantive issues in the Dispute; provided, however, that in the event that the law of the State of Delaware shall be deemed unenforceable due to the law of the state in which the customer resides, the arbitrator shall apply the law of the state in which the customer resides. Notwithstanding anything herein to the contrary, the arbitrator shall apply the laws of the State of Delaware and the FAA to interpret and enforce these Terms to arbitrate disputes and each of its provisions, including with regard to any issues over acceptance of these Terms to arbitrate disputes. Judgment on the award rendered may be entered by any court of competent jurisdiction.
The parties agree that 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 Terms, Arbitration Agreement, including the existence, enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the section entitled “Mass 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. In any award of damages, the arbitrator shall abide by and be bound to the “Limitation of Liability” section of the Terms.
This delegation provision shall be deemed a contract entered into under the laws of the State of Delaware and will be governed by the laws of the State of Delaware together with the Federal Arbitration Act.
The parties agree that 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 Ulys 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 is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
You and Ulys agree that the state or federal courts of the State of Delaware and the United States sitting in New Castle County, Delaware have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
To increase the efficiency of administration and resolution of arbitrations, you and Ulys agree that in the event that there are twenty-five (25) or more individual Requests of a substantially similar nature filed against Ulys 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 at Uly’s election: (1) administer the arbitration demands in batches of 25 Requests per batch (plus, to the extent there are less than 25 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) 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 (“Mass 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 Mass Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Mass 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 Ulys.
You and Ulys agree to cooperate in good faith with the AAA to implement the Mass 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: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
This Mass 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.
If we make any material updates to this Arbitration Agreement, we will provide you with notice and an opportunity to review the updated terms as described in the “Changes to these Terms” sections of the Terms, and material changes will not apply to Disputes of which Ulys had notice before the effective date of the change.
The arbitrator, Ulys, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared, exchanged and presented for purposes of the arbitration or related to the Dispute(s). You and Ulys 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 then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
The parties agree that violation of this Confidentiality clause will create irreparable harm sufficient to give rise to an equitable remedy, including injunctive relief.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Arbitration Agreement or the parties’ ability to compel arbitration of any remaining Disputes on an individual basis pursuant to this Arbitration Agreement; and (c) to the extent that any Disputes must therefore proceed on a class, collective, consolidated, or representative basis, such Disputes must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Arbitration Agreement is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Arbitration Agreement will be enforceable.
The information provided on this website is for educational purposes only and is not investment advice. This is not an offer, a solicitation of an offer, or a recommendation to buy a particular crypto asset. Features and functionality shown are for illustrative purposes only and may be subject to change. We make no guarantees regarding the accuracy, completeness, or applicability of the content presented. Purchasing crypto assets carries a high level of risk, including price volatility, regulatory changes, and security threats. On-chain transactions are irreversible once confirmed, and errors may result in permanent loss. Any links to or use of third-party software through the website or the Ulys non custodial wallet are provided “as is” without warranty of any kind, either expressed or implied. As always, it is up to you to do your own research.