Terms of Use

Last Modified: August 30, 2024

THE SERVICES (AS DEFINED HEREIN) WERE NOT DEVELOPED FOR, AND ARE NOT OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE OR PRINCIPAL PLACE OF BUSINESS IN THE UNITED STATES, OR ANY RESTRICTED JURISDICTION OR COUNTRY SUBJECT TO ANY SANCTIONS OR RESTRICTIONS PURSUANT TO ANY APPLICABLE LAW, INCLUDING ALGERIA, BOLIVIA, BELARUS, THE CRIMEA REGION, CUBA, DONETSK, THE DEMOCRATIC REPUBLIC OF CONGO, IRAN, IRAQ, IVORY COAST, LIBERIA, LIBYA, LUHANSK, MALI, MYANMAR (BURMA), NEPAL, NORTH KOREA, SOMALIA, SUDAN, SYRIA, TUNISIA, VENEZUELA, YEMEN, ZIMBABWE, OR ANY OTHER COUNTRY TO WHICH THE UNITED STATES, THE UNITED KINGDOM, THE EUROPEAN UNION OR ANY OTHER JURISDICTION EMBARGOES GOODS OR IMPOSES SIMILAR SANCTIONS, OR ANY JURISDICTIONS IN WHICH THE TRANSACTING OF CRYPTOCURRENCIES IS PROHIBITED OR RESTRICTED IN ANY FORM OR MANNER (COLLECTIVELY, THE “RESTRICTED JURISDICTIONS” AND EACH A “RESTRICTED JURISDICTION”) OR ANY PERSON OWNED, CONTROLLED, LOCATED IN OR ORGANIZED UNDER THE LAWS OF ANY RESTRICTED JURISDICTION OR AFFILIATED WITH ANY SUCH PERSON, ANY PERSON LISTED ON ANY SANCTIONS LIST MAINTAINED BY THE UNITED STATES, THE UNITED KINGDOM, THE EUROPEAN UNION OR ANY OTHER JURISDICTION, OR A RESIDENT OF OR LOCATED IN ANY COUNTRY OR JURISDICTION THAT RESTRICTS ACCESS TO OR PROHIBITS USE OF DIGITAL ASSETS OR CRYPTO CURRENCIES (COLLECTIVELY, “RESTRICTED PERSONS”). THERE ARE NO EXCEPTIONS. IF YOU ARE A RESTRICTED PERSON, THEN DO NOT USE OR ATTEMPT TO USE THE SERVICES. USE OF ANY TECHNOLOGY OR MECHANISM, SUCH AS A VIRTUAL PRIVATE NETWORK (“VPN”), TO CIRCUMVENT OR ATTEMPT TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS STRICTLY PROHIBITED.

BY USING THE SERVICES, YOU REPRESENT THAT (1) YOU ARE NOT A RESTRICTED PERSON; AND (2) YOU (INCLUDING, IF APPLICABLE, YOUR INDIVIDUAL OWNERS, REPRESENTATIVES, EMPLOYEES, OR ANY OTHER PERSON WITH ACCESS TO YOUR ACCOUNT) WILL NOT COORDINATE, CONDUCT OR CONTROL (INCLUDING BY, IN SUBSTANCE OR EFFECT, MAKING DECISIONS WITH RESPECT TO) YOUR USE OF THE SERVICES FROM WITHIN ANY RESTRICTED JURISDICTION.

YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOU ARE NOT PERMITTED TO MODIFY, DISASSEMBLE, DECOMPILE, ADAPT, ALTER, TRANSLATE, REVERSE ENGINEER OR CREATE DERIVATIVE WORKS OF THE SERVICES TO MAKE THEM AVAILABLE TO ANY RESTRICTED PERSONS.

These Terms of Use, together with our Privacy Policy, incorporated herein by this reference, and any documents and additional terms they expressly incorporate by reference, which includes any other terms and conditions or other agreement that Trojan on Solana (“Company”, “we” or “us”) posts publicly or makes available (collectively, these “Terms of Use”), are entered into between Company and you concerning your use of, and access to our bot on Telegram and our website located at https://trojan.app/ (collectively, the “Services”), but excluding any third-party materials, technology, smart contracts or applications.

If you engage with the Services under authority from a different party or on another party’s behalf, then “you” (and its variants, including “your,” “yours,” etc.) as used herein refers to that person on whose behalf the Services are used (e.g., an employer). If the person engaging with our Services is an individual, acting in their own individual capacity, then “you” (and its variants) refers to that individual. If you have anyone using the Services on your behalf, you agree that you are responsible for the actions and inactions of all such persons, as they were your own.

Note that the Services are a conduit, and allow you to access and use third-party materials, such as decentralized exchanges (“DEXs”), and other technologies, such as third-party smart contracts, which we do not control. These Terms of Use do not apply to your use of any such third-party materials. We specifically disclaim any and all liability and responsibility for or associated with your use of these third-party materials and technologies. We provide no guarantees of any kind with respect to third-party services, or their quality, accuracy, uptime, availability, or the results of using same, even if you reach these third-party technologies by using our Services. You hereby release and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, members, shareholders, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the “Company Parties”) from and against any losses or liabilities you incur as a result of your use of such third-party materials. You acknowledge and agree that your use of these third party technologies and materials is subject to each third party’s respective terms and conditions, and by using such materials, you agree to be bound by such terms. We do not make those terms available on our Services, and you acknowledge and agree that you are solely responsible for finding and reviewing such third-party terms. It is your responsibility to comply with third-party terms, and you acknowledge that your failure to do so may have consequences, such as loss of the ability to use the third-party service and legal liability.

Please read these Terms of Use carefully, as they govern your use of the Services. These Terms of Use expressly cover your rights and obligations, and our disclaimers and limitations of legal liability, relating to your use of, and access to, the Services. By using the Services, you accept and agree to be bound by and to comply with these Terms of Use. If you do not agree to these Terms of Use, then you must not access or use the Services.

PLEASE BE AWARE THAT THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE, WHICH PROVIDES THAT EITHER PARTY MAY ELECT, WITH LIMITED EXCEPTIONS, TO REFER ANY DISPUTE BETWEEN YOU AND US TO ARBITRATION. THESE TERMS ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.

NEITHER WE NOR OUR SERVICE PROVIDERS ARE RESPONSIBLE FOR ANY ACTIVITIES THAT YOU ENGAGE IN WHEN USING ANY ONLINE SERVICES (SUCH AS TELEGRAM) OR BLOCKCHAIN TECHNOLOGIES. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT CREATE, CONTROL, OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR, ANY ALTERNATIVE FRONT-ENDS THAT YOU OR OTHER USERS MAY UTILIZE IN CONNECTION WITH THE SERVICES. WE HEREBY DISCLAIM ANY AND ALL RISKS ASSOCIATED WITH THE USE OF SUCH ALTERNATE FRONT-ENDS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY ALL LIABILITY ARISING IN CONNECTION WITH YOUR USE OF ALTERNATIVE FRONT-ENDS.

You represent and warrant throughout the term of your use of the Services that: (i) you are over the age of eighteen (18) or otherwise of legal age to form a binding contract, and that you have legal and mental capacity to enter into these Terms of Use; (ii) your funds are not derived from or in any way connected to any illegal, unauthorized, or restricted sources (including any Restricted Jurisdictions or Restricted Persons); (iii) you have the right to engage in all transactions and all activities that you participate in on or through the Services; and (iv) you are not a Sanctioned Person or connected to one in any way, and you are not located in a Sanctioned Jurisdiction.

Changes to these Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we make them available, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section below will not apply to any disputes for which the parties have actual notice on or before the date the change is made available on the Services.

Your continued use of the Services following the availability of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Services so you are aware of any changes, as they are binding on you.

Changes to the Services

We may update the content on our Services from time to time in our discretion. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

WE WILL NOT BE LIABLE FOR ANY LOSSES RESULTING FROM ANY CHANGES TO THE SERVICES OR THE SERVICES AVAILABLE THEREON, AND YOU HEREBY HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY LOSSES AND DAMAGES YOU MAY SUFFER ARISING IN CONNECTION WITH SAME

Accessing the Services and Account Security

We reserve the right to withdraw or modify our Services, and any service or material we provide on or in connection with the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users in our discretion. WE WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES YOU MAY SUFFER AS A RESULT OF OR IN CONNECTION WITH THE SERVICES BEING INACCESSIBLE TO YOU AT ANY TIME OR FOR ANY REASON.

You are solely responsible for:

  • Making all arrangements necessary for you to have access to the Services.
  • Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

You acknowledge and agree that our Services are offered through a bot on Telegram. WE TAKE NO RESPONSIBILITY FOR THIRD-PARTY SITES OR SERVICES, AND YOU HEREBY RELEASE AND HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY DAMAGES OR LOSSES YOU MAY SUFFER IN CONNECTION WITH SAME.

We are not responsible for securing your seed phrase or keys if you lose them, if someone steals them from you, or if someone obtains access to them somehow (whether in transit to you, or from your systems or networks, or because you otherwise misplaced them or disclosed them). We are not responsible if you incur any losses as a result of this arrangement. You acknowledge that if someone has your keys or seed phrase, they have the ability to transfer your digital assets outside your control, and that you may be unable to trade or make use of them otherwise. It is your responsibility to establish a means for recovering your seed phrase and keys. You bear sole responsibility for any loss of your cryptocurrency due to failure to retain and/or secure your recovery phrase or other necessary credentials to access your digital assets.

WE MAKE NO REPRESENTATIONS REGARDING SECURITY OR SAFETY OF YOUR DIGITAL ASSETS OR THE SERVICES. YOU HEREBY RELEASE AND HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY DAMAGES OR LOSSES YOU MAY SUFFER IN CONNECTION WITH THE SECURITY OF YOUR KEYS OR SEED PHRASE.

Use of the Services

The Services are available through our bot on Telegram, and will allow you to set up a digital wallet (the “Trading Wallet”) to trade certain crypto currencies. Whenever a Trading Wallet is generated for the user (e.g., first signup, or when a user clicks ‘Generate new wallet’), we will immediately show you the private keys to your Trading Wallet, so that you control it. You acknowledge that the keys will be transmitted to you unencrypted through Telegram. You must review and accept these Terms of Use when your Trading Wallet is initially created, and from time to time thereafter when you return to the Services, if we request it. You must accept such terms when prompted to do so, in order to continue accessing and using our Services.

WE ARE NOT RESPONSIBLE FOR THE SAFETY/SECURITY OF YOUR DIGITAL ASSETS. YOU ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND THE RISK OF TRANSACTING UNENCRYPTED DIGITAL WALLET KEYS OVER THE INTERNET, AND ACCEPT THIS RISK. YOU HEREBY HOLD HARMLESS THE COMPANY PARTIES AND INDEMNIFY THEM FROM AND AGAINST ANY CLAIMS ARISING IN CONNECTION WITH YOUR KEYS.

When you use the Services, you acknowledge and agree that you are in fact interacting with technology (e.g., protocols, DEXs, smart contracts, third-party software and services, etc.) which are offered by third parties, and not controlled by us (even when we may have integrated this technology into our Services). You hereby release and hold harmless the Company Parties from and against any losses or liabilities you incur as a result of your use of such third-party materials.

You acknowledge and agree that (i) no swaps, trades, or exchanges of any kind will take place on Company infrastructure, (ii) when you initiate, instruct, or otherwise engage in any transactions using our Services, all such transactions take place on third-party infrastructure and using third-party technologies, (iii) the Services are only a conduit to such third-party infrastructure and technologies, and (iv) the Services are not a DEX, exchange or broker, and do not process any of your transactions.

We have no control over or responsibility for third-party protocols, networks or technology, including Telegram. If such third-party materials undergo changes or experience disruptions, your access to and use of our services may be affected. You acknowledge and accept this risk.

YOU HEREBY HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY LOSSES OR DAMAGES YOU MAY SUFFER AS A RESULT OF THIRD-PARTY MATERIALS, LOSS OR COMPROMISE OF YOUR SEED PHRASE OR KEYS, AND/OR ANY ISSUES ARISING IN CONNECTION WITH YOUR TRANSACTIONS.

Fees

Prices payable for transactions, if presented to you, are estimates only. You acknowledge that swap rates and prices may be inaccurate and may change at any time, even after you have initiated a transaction. Prices, and changes to pricing, are not in our control, and we are not responsible for same.

We charge a fee for some or all of the Services, including fees charged on token swaps that you execute on third-party exchanges by accessing such exchanges via the Services. You will not be advised of the fees we charge prior to engaging in a transaction on our Services (although we may post information about such fees on our website). Also note that we do not have any information pertaining to third-party fees you may incur as part of your transactions which may be payable to third parties (for example, fees payable to a third-party DEX), and we will not disclose those to you.

Our fees are subject to change at any time without notice, even after we have provided an estimate of same. Third-party fees are also subject to change.

Under no circumstances shall Company incur any liability, of any kind, in connection with fees charged by third-parties or in connection with such third-party technology or materials. You hereby release us and hold harmless the Company Parties from and against any and all liability or losses associated with fees related to the Services, or your use of third-party technologies connected to or available through the use of the Services.

YOU HEREBY HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY LOSSES OR DAMAGES YOU MAY SUFFER RELATING TO FEES (WHETHER OURS OR THOSE IMPOSED BY THIRD PARTIES), AND ANY CHANGES IN PRICING CHARGED FOR TRANSACTIONS PROCESSED THROUGH THE USE OF THE SERVICES.

Referrals

Subject to these Terms of Use and any other terms which we may make available in connection with certain features, you may use the Services to engage in certain digital transactions. From time to time, we may offer you a referral fee if you successfully refer another user to use one of our Services. If we offer it, you may be able to earn a percentage of fees we earn for such referral. Guidance relating to our referral program may be found at https://docs.trojan.app/telegram-bot-user-guide/referrals (the “Referral Guide”). You acknowledge and agree that (i) the information posted in our Referral Guide may be changed at any time in our sole discretion, without notice to you, (ii) the information in our Referral Guide may not be accurate or complete (even if provided by us), and (iii) neither these Terms of Use, nor the Referral Guide, nor any other statements which we or others may make in connection with our referral program guarantee that fees or earnings will become due or paid to you. All payouts in connection with the referral program, if any, will be calculated and paid in Company’s sole discretion (including whether to pay a referral fee at all). You also acknowledge that the referral program works through links in Telegram, which may not always function properly, and we have no responsibility for any such malfunctions or errors in Telegram.

We reserve the right to modify or cancel our referral system in our discretion at any time, with or without notice.

If there is a dispute about what payouts or funds are due in connection with the referral program, we will review such disputes and render a decision in our sole discretion. You agree to be bound by such a decision, and hold harmless the Company Parties from and against any and all liability associated with such referral payouts or fees.

YOU HEREBY HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY LOSSES OR DAMAGES YOU MAY SUFFER AS A RESULT OF THE FOREGOING REFERRAL PROGRAM, THE DECISIONS WE MAY MAKE WITH RESPECT TO IT, AND ANY INFORMATION THAT WE MAY MAKE AVAILABLE ABOUT IT, EVEN IF INACCURATE AS PRESENTED.

Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Services.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

You must not access or use any part of the Services or any services or materials available through the Services for the benefit of third parties.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

Company’s name, our logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Feedback

You may from time to time provide us with feedback about your experience on the Services, recommendations for modifications, or other ideas pertaining to the Services (collectively, “Feedback”). You acknowledge and agree that we may use the Feedback in our business without restriction. All such Feedback will be considered non-confidential and non-proprietary. By providing any Feedback, you grant us and our service providers, and each of their and our respective licensees, successors, and assigns a perpetual, irrevocable, non-exclusive, worldwide right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the Feedback and have the right to grant the license granted above to us and our service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your Feedback does and will comply with these Terms of Use.

YOU HEREBY HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY LOSSES OR DAMAGES YOU MAY SUFFER IN CONNECTION WITH YOUR FEEDBACK OR OUR OR OTHERS’ USE THEREOF.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to do any of the following:

  • Use the Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • Access, tamper with, or use non-public areas of the Services, Company’s computer systems, or the technical delivery systems of Company’s providers;
  • Attempt to probe, scan or test the vulnerability of any Company system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Company or any of Company’s providers or any other third-party (including another user) to protect the Services;
  • Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Company or other generally available third-party web browsers;
  • Use any manual process to monitor the Services or for any other unauthorized purpose without our prior written consent;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or product name without Company’s express written consent;
  • Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third-party or in any manner not permitted by these Terms of Use;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
  • Use, transmit, introduce or install any code, files, scripts, agents or programs intended to do harm or allow unauthorized access, including, for example, viruses, worms, time bombs, back doors and Trojan horses (collectively, “Malicious Code”) on or through the Services, or accessing or attempting to access the Services for the purpose of infiltrating a computer or computing system or network, or damaging the software components of the Services, or the systems of the hosting provider, any other suppliers or service provider involved in providing the Services, or another user;
  • Distribute Malicious Code or other items of a destructive or deceptive nature;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or attacking the Services via a denial-of-service attack or a distributed denial-of-service attack;
  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • Impersonate or attempt to impersonate Company, a Company employee or representative, another user, or any other person or entity (including, without limitation, by using identifiers associated with any of the foregoing).;
  • Reverse look-up, track or seek to track any information of any other users or visitors of the Services;
  • Take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of the Services, or the infrastructure of any systems or networks connected to the Services;
  • Use the Services, directly or indirectly, for or in connection with money laundering, terrorist financing, or other illicit financial activity;
  • Use the Services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);
  • Use the Services to participate in fundraising for a business, protocol, or platform;
  • Fabricate in any way any transaction or process related thereto;
  • Disguise or interfere in any way with the IP address of the computer you are using to access or use the Services or that otherwise prevents us from correctly identifying the IP address of the computer you are using to access the Services;
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Company or users of the Services or expose them to liability;
  • Use the Services in or from any Restricted Jurisdiction;
  • Use the Services if you are a Restricted Person (or on their behalf);
  • Use the Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States, Canada, European Union, or other countries); or
  • Encourage or enable any other individual to do any of the foregoing.

Company is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have reserve the right to do so in our discretion, if we choose. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms of Use. We have the right to investigate violations of these Terms of Use or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Reliance on Information Presented / Third Party Materials

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, even if we have created the information ourselves. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services may include, display, or otherwise allow access to content, services, servers, protocols, networks, DEXs, SDKs, infrastructure, information from third-party sites, and other materials provided by third parties, including those provided by other users, oracles, and third-party licensors, syndicators, aggregators, and/or reporting services. We may also from time to time include in the Services data and content fees from third-party sites. All statements, commentary, and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entities providing those materials. We do not control or have any responsibility for such third-party materials. All such third-party materials (including materials posted by other users) do not reflect the opinions or views of Company.

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY THIRD-PARTY MATERIALS, INFORMATION, DEXs, SKDs, PROTOCOLS, NETWORKS, INFRASTRUCTURE, RESOURCES, APPLICATIONS, DATA, CONTENT, COMMENTARY OR SERVICES, EVEN IF AVAILABLE ON, THROUGH OR FROM THE SERVICES. WE HAVE NO RESPONSIBILITY FOR, NO CONTROL OVER, AND MAKE NO GUARANTEES WITH RESPECT TO, THE QUALITY, SECURITY, ACCURACY, RELIABILITY, OR UPTIME OF SUCH THIRD-PARTY MATERIALS (INCLUDING MATERIALS PROVIDED BY OTHER USERS).

YOU HEREBY HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY LOSSES OR DAMAGES YOU MAY SUFFER AS A RESULT OF YOUR USE OF OR RELIANCE ON THIRD-PARTY INFORMATION, CONTENT OR MATERIALS. YOUR USE OF ANY SUCH ITEMS IS AT YOUR OWN RISK.

No Financial or Investment Advice

The Services are not registered with or licensed by any regulatory authority or governmental body. You understand that we do not act as your financial advisor, investment manager, arranger, introducer, or commodity trading advisor, or give you any investment advice of any kind with respect to what assets you choose to purchase or any trading thereof. As with any trading activities, it is your responsibility and you are solely responsible for your purchase decisions, how and when you trade digital assets and with whom. It is also your responsibility to ensure you understand crypto assets, how they work, what their value is, and about trading and purchasing such assets, as there are significant risks in doing so, all of which you solely assume.

We may suspend your use of or cancel your use of the Services for any reason, including if we believe you have engaged in or are about to engage in any kind of fraud, if required pursuant to applicable laws, or you violate these Terms of Use. We may provide you with notice of suspension, but do not undertake an obligation to do so. We may change the functionality of our Services at any time, which means some networks could no longer be supported after a time. You acknowledge that this is the case, and accept this risk. We do not perform any activities to vet users prior to allowing them to trade assets. You acknowledge that this is a risk you accept when you interact with our Services.

You agree and understand that all purchase and sale decisions are made solely by you. You agree and understand that under no circumstances will the operation of our Services and your use of it be deemed to create a relationship that includes the provision of or tendering of investment advice. NO FINANCIAL, INVESTMENT, TAX, LEGAL OR SECURITIES ADVICE IS GIVEN THROUGH OR IN CONNECTION WITH THE SERVICES. No content found on our Services, whether created by us, our service providers, our business partners, or another user is or should be considered as investment advice. YOU AGREE AND UNDERSTAND THAT WE ACCEPT NO RESPONSIBILITY WHATSOEVER FOR, AND SHALL IN NO CIRCUMSTANCES BE LIABLE IN CONNECTION WITH, YOUR DECISIONS OR YOUR USE OF THE SERVICES, AND YOU HEREBY HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY LOSSES OR DAMAGES ARISING IN CONNECTION WITH YOUR DECISIONS OR YOUR USE OF THE SERVICES.

Risks

You acknowledge and agree that digital assets are volatile and risky, and their trading is affected by many factors outside our or your control. You are solely responsible for any transactions, and for all fees that you may incur as a result of your acquisition or sales of digital assets. Our Services do not control the timing of any transaction, yet you acknowledge that the time of a transaction can affect the value of the asset or the fees associated with a transaction or both. You hereby hold harmless the Company Parties from and against any and all claims arising from the transaction of your digital assets, or the timing of such transactions.

Digital assets are not legal tender and are not backed by any government. Digital assets are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections. We are not a bank, and we have no fiduciary duty to you. We make no guarantee as to the functionality of any digital asset network which might cause delays, conflicts of interest or might be subject to operational decisions of third parties that are unfavorable to you or affect your digital assets, or lead to your inability to complete a transaction using our Services.

You acknowledge that our software and smart contracts could have bugs or security vulnerabilities, and you hereby accept this risk. You hereby hold harmless the Company Parties from and against any losses you suffer as a result of your use of our Services, which you agree you use at your sole risk.

Digital assets and use of our Services may be subject to expropriation and/or theft. Hackers or other malicious actors may attempt to interfere with our Services or your use thereof in a variety of ways, including, but not limited to, use of malware, denial of service attacks, Sybil attacks, and spoofing.

We do not guarantee that our Services will be available without interruption. The information on our Services may not always be entirely accurate, complete or current. Information on the Services may be changed or updated from time to time without notice, including information regarding our policies, products and services. Accordingly, you should verify all information before relying on it. All decisions you make based on information provided through the Services are your sole responsibility and you hold harmless the Company Parties from and against any losses you suffer as a result of such decisions.

WE WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES IN CONNECTION WITH, YOUR USE OF THE SERVICES FOR ENGAGING IN DIGITAL ASSET TRANSACTIONS.

WE DO NOT HAVE CONTROL OVER AND ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USERS. WE DO NOT TAKE RESPONSIBILITY FOR ANY DEX YOU MAY USE, EVEN IF MADE AVAILABLE ON OR THROUGH THE SERVICES, AND ARE NOT RESPONSIBLE FOR THE SECURITY OR ACCURACY OF THE UNDERLYING DEX, OR THE QUALITY OF ANY TOKEN OR DIGITAL ASSET YOU MIGHT BUY, SELL OR TRADE. THE SERVICES ARE NOT A DEX AND WE DO NOT PROVIDE ANY LIQUIDITY IN CONNECTION WITH THE SERVICES.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR, AND YOU HEREBY HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY LOSSES YOU MAY SUFFER AS A RESULT OF, YOUR TRADING DECISIONS OR TRANSACTIONS (OR DECISIONS NOT TO TRADE), AND/OR YOUR PURCHASE, HOLDING OR SALE OF DIGITAL ASSETS.

Taxes

You are entirely responsible for any tax liability which may arise from purchasing or reselling digital assets, or other activities you engage in while on the Services or which occur as a result of your activities on the Services. It is your responsibility to ensure you have accounted for, reported to the proper governmental authority, and paid all such taxes to the applicable governmental authority. We do not undertake any obligation to report any such taxes, nor collect or disburse them on your behalf. The taxes you owe are solely your responsibility. You hereby hold harmless and release the Company Parties from and against any claims, losses, damages or demands arising in connection with taxes you may owe as a result of your transactions on the Services.

Information About You and Your Visits to the Services

All personal information we collect on the Services is subject to our Privacy Policy. By using our Services, you consent to all actions taken by us with respect to your personal information in compliance with the Privacy Policy.

Linking to the Services and Social Media Features

You may link to our website homepage, our web application, and our bot on Telegram (collectively, the “Linkable Features”), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Linkable Features may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Linkable Features.
  • Send communications with certain content, or links to certain content, on the Linkable Features.
  • Cause limited portions of content on the Linkable Features to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these Linkable Features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Linkable Features or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Linkable Features other than as permitted by us.
  • Otherwise take any action with respect to the materials on the Linkable Features that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Services

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, and you hereby hold harmless the Company Parties from and against any losses or damages arising in connection with same.

Disclaimer of Warranties / Limitation on Liability

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, CONDUCT OF THIRD PARTIES, INCLUDING THREAT ACTORS, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL MADE AVAILABLE ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY LOSSES THAT YOU MAY INCUR AS A RESULT OF SWAPS, TRADES, OR OTHER TRANSACTIONS THAT YOU MAY ENGAGE IN IN CONNECTION WITH THE SERVICES FOR ANY REASON WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSSES ARISING FROM SOFTWARE DEFECTS, MALFUNCTIONS, OR A LACK OF ACCESS TO THE SERVICES.

TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

YOU ACKNOWLEDGE THAT YOUR DATA AND ASSETS ON THE SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, AND YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACKS, HACKERS, THEFT OF FUNDS, THEFT OF THE DIGITAL ASSETS OF YOU OR OTHERS, COMPROMISES OF THIRD-PARTY PROTOCOLS, SOFTWARE FAILURES, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIALS (INCLUDING THOSE WHICH MAY INFECT YOUR COMPUTER EQUIPMENT OR DEVICES), PROTOCOL CHANGES BY THIRD-PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENTS OR OTHER DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OF OUR CONTROL.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT COMPANY HAS NO LIABILITY FOR LOSS OR THEFT OF YOUR TRADING WALLET KEYS OR ANY OTHER KEYS USED TO ACCESS OTHER DIGITAL WALLETS YOU MIGHT USE, AND YOU HEREBY HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY LOSSES YOU SUFFER AS A RESULT OF SAME.

YOU FURTHER HEREBY HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY LOSSES OR DAMAGES YOU MAY SUFFER RELATING TO YOUR USE OF THE SERVICES.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. SHOULD THIS LIMITATION ON LIABILITY PROVISION BE HELD INVALID FOR ANY REASON, COMPANY’S TOTAL AGGREGATE LIABILITY TO ANY INDIVIDUAL USER SHALL NOT EXCEED EIGHT HUNDRED CAYMAN DOLLARS (CI $800).

WE HAVE NO CONTROL OVER, TAKE NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING THREAT ACTORS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and legal costs) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Cayman Islands without giving effect to any choice or conflict of law provision or rule (whether of this or any other jurisdiction).

Subject to the Arbitration section herein, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the courts of the Cayman Islands, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Dispute Resolution (by Binding Arbitration)

This section of the Terms contains an Arbitration Agreement (the “Arbitration Agreement”). Please read it carefully. In certain circumstances, it requires you to arbitrate disputes with us, our affiliates, successors, and assigns, and all of their respective officers, directors, employees, agents, and representatives (collectively, the “Trojan Parties”). It also limits the manner in which you can seek relief from the Trojan Parties.

  1. In the event of any dispute, controversy, or claim arising out of or in relation to these Terms, the parties shall first attempt to resolve the dispute amicably through good-faith negotiations. You may notify us of a dispute by emailing us at feedback@trojan.app. We may notify you of a dispute by emailing any email address you have provided to us. Such notification must describe the nature and basis of the dispute and set forth the specific relief sought (“Notice”). The Notice, together with all discussions, negotiations and any documents or information relating to the dispute must be kept strictly confidential, with both parties acknowledging that any breach of confidentiality may cause irreparable harm to the other party, for which damages may be an inadequate remedy. In the event of such a breach, the non-breaching party shall be entitled to seek immediate injunctive relief, without prejudice to any other rights or remedies available to it under this Agreement at law, including but not limited to the right to claim damages. The process outlined in this clause is described hereafter as the Informal Dispute Resolution Procedure.
  2. If the dispute set out in a Notice is not resolved by negotiation within sixty (60) days from the date of notification, either of the parties may elect to refer the dispute to arbitration within sixty (60) days thereafter. Upon such election, the other party agrees to submit to arbitration. Once a party has elected to arbitrate, any related court proceedings shall be stayed, except for actions seeking interim or injunctive relief. ALL PARTIES AGREE THAT THE INFORMAL DISPUTE RESOLUTION PROCEDURE IS A CONDITION PRECEDENT WHICH MUST BE SATISFIED BEFORE INITIATING ANY ARBITRATION PROCEEDING AGAINST ANY OTHER PARTY, AND THAT THE RIGHT TO ELECT ARBITRATION WILL EXPIRE 120 DAYS AFTER A NOTICE HAS BEEN SERVED. THEREAFTER, ALL DISPUTES SHALL BE SETTLED BY THE COURTS OF THE CAYMAN ISLANDS.
  3. If a party to this Agreement elects to refer a dispute set out in a Notice to Arbitration, it shall be finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.
  4. If there is any inconsistency between any term of the LCIA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would.
  5. Terms of the Arbitration: The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be George Town, Cayman Islands. The language to be used in the arbitral proceedings shall be English. ALL ISSUES ARE FOR THE ARBITRATOR TO DECIDE, INCLUDING ISSUES RELATING TO THE SCOPE, ENFORCEABILITY, AND ARBITRABILITY OF THIS ARBITRATION AGREEMENT. THE DECISION OF THE ARBITRATOR SHALL BE FINAL AND BINDING ON THE PARTIES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. All negotiations and arbitration proceedings related to any dispute (including, but not limited to, any settlements, awards, and the fact that they have taken place) shall be kept confidential by the parties, their representatives, and any participants in the arbitration, except as may be required by law or to enforce any settlement or arbitration award. Each party shall bear its own costs and expenses in connection with any arbitration proceedings, except that the arbitrator may award costs and expenses (including reasonable attorneys’ fees) to the prevailing party as part of the arbitration award.
  6. Exclusions: This Arbitration Agreement shall not preclude either party from seeking interim or injunctive relief in a court of competent jurisdiction, including relief for the alleged unlawful use of intellectual property.

Class Action Waiver; Waiver of Jury Trial

THE PARTIES AGREE TO LITIGATE OR ARBITRATE, AS APPLICABLE, SOLELY ON AN INDIVIDUAL BASIS, AND THAT THESE TERMS OF USE DO NOT PERMIT CLASS ACTION LITIGATION OR ARBITRATION, OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE LITIGATION OR ARBITRATION PROCEEDING. NEITHER THE COURT NOR THE ARBITRAL TRIBUNAL, AS APPLICABLE, MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY UNCONDITIONALLY, IRREVOCABLY, AND EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT, ARBITRATION, OR PROCEEDING ARISING IN CONNECTION WITH THE SERVICES OR THESE TERMS OF USE.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Termination

We may terminate or suspend your access to and use of all or part of the Services at any time, for any reason or no reason, in our sole discretion and without notice of any kind, without incurring liability of any kind to you as a result of such suspension or termination. In addition, if we believe or suspect that you have breached or are breaching these Terms of Use in any way, we reserve the right to terminate or suspend your access to the Services, in whole or in part, in our discretion, including if we suspect any fraudulent activity.

You hereby hold harmless the Company Parties from and against any losses or damages arising in connection with our suspension or termination of your use of or access to the Services, in whole or in part.

Waiver and Severability

No waiver of by Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Your Comments and Concerns

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: feedback@trojan.app.