Terms of Use

Last Updated: 7 May 2026

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING NOTCH.

1. Acceptance of the Terms of Use

These terms of use ("Terms") are entered into by and between you and 3-102-957450 Sociedad de Responsabilidad Limitada, a Costa Rican Sociedad de Responsabilidad Limitada with corporate ID 3-102-957450 and registered address at San Pedro, Barrio Dent, Calle 37, Avenida 3, Oficina 101, Montes de Oca, San José, Costa Rica (including all affiliates, collectively referred to as, "Notch SRL", "we", "us", or "our"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms"), govern your access to and use of any website or application published by Notch SRL, including, but not limited to: (a) the mobile and desktop application, (b) the website located at https://notch.win or any sub-URL of such a website, and (c) any other API or interface made available by Notch SRL that allows interaction with decentralized and autonomous smart contracts ((a) to (c) together, "Notch") and any content, or functionality offered on or through your use of Notch.

Please read the Terms carefully, as they govern your use of Notch. This includes your rights and obligations, our disclaimers and limitations of legal liability and risks described herein, relating to your use of, and access to, Notch. By using Notch or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms.

If you do not agree to these Terms, you must not access or use Notch.

2. About Notch

Notch enables users to interact with smart contracts deployed on certain decentralized perpetual derivatives protocols in a self-custodial manner. The protocols accessible through Notch include, without limitation, Tail.trade, the Hyperliquid protocol ("Hyperliquid"), and other compatible perpetual derivatives protocols that we may integrate from time to time (each, a "Perp DEX Protocol" and, collectively, the "Perp DEX Protocols"). We reserve the right, in our sole discretion, to add, remove, or modify the Perp DEX Protocols accessible through Notch at any time and without notice.

Notch SRL has implemented builder codes (or analogous on-chain referral and fee mechanisms) on the Perp DEX Protocols in connection with Notch, which apply a service fee to certain blockchain transactions initiated through Notch. This fee reflects Notch's value in providing an interface, oracle data, and API infrastructure that is meant to make it more accessible to interact with smart contracts on the Perp DEX Protocols.

Where Notch displays pricing data, including team strength ratings, team strength prices, or related signals (collectively, the "KOPS Data"), such data is generated by an automated pricing system referred to as KOPS AI. The KOPS Data is provided for general informational purposes only and does not constitute financial, investment, legal, or other advice.

Notch SRL does not develop nor deploy the smart contracts of all Perp DEX Protocols made accessible through Notch. The smart contracts Notch interfaces with are deployed on permissionless blockchain networks. Users can interact with such smart contracts directly, including by developing and building their own user interfaces on top of such smart contracts or the underlying blockchain networks. We do not control or cannot change such smart contracts or the Perp DEX Protocols, and the interaction with such smart contracts by any person does not rely on the use of Notch.

Notch SRL solely provides a frontend product acting as an interface layer designed to improve the accessibility, user experience, and utility of existing functionality on the Perp DEX Protocols. Notch SRL never holds user funds or initiates trades on users' behalf. All transactions are signed and broadcasted directly by users through their own self-custodial wallets. At no time will we have any custody or control of any crypto-assets that any user is interacting with, nor will we be able to transmit or contribute to transmitting, or retrieve, any crypto-assets for or on behalf of anyone using Notch. We are not an exchange, broker, market-maker, custodian, payment processor, lender, borrower, fiduciary agent or virtual/crypto-asset service provider. We have no oversight, involvement, or control over the transactions you choose to conduct via Notch. You are solely responsible for any transactions that you choose to engage in.

Our services may change over time, which may require that we include additional terms for certain new parts of Notch (which, in such event, will be construed as part of "Notch"). We reserve the right in our sole discretion to modify or discontinue any parts of Notch at any time and without any liability or obligation to notify you.

3. Who May Use Notch

Notch is not intended for children. By using Notch, you represent and warrant that you (i) are 18 years of age or older, (ii) are not barred from using Notch under any applicable law, and (iii) are using Notch only for your own personal use. If you do not meet these requirements, you must not access or use Notch.

You must also not be a person who (a) is subject to national or international sanctions or located or ordinarily resident in any country or region that is the subject of comprehensive country-wide or region-wide sanctions, embargo or equivalent by the United States of America, United Kingdom, European Union or the government of a user home country, (b) is listed by the United States of America, United Kingdom, European Union or otherwise designated on any list of prohibited or restricted parties or persons, (c) appears on the Specially Designated Nationals and Blocked Persons List of the OFAC, the European Union consolidated list of persons, groups and entities subject to financial sanctions, the United Kingdom Consolidated List of Financial Sanctions Targets, nor are they otherwise a person with which Notch SRL is prohibited to deal with under the laws of the United States, the European Union (or any of its Member States), the Republic of Costa Rica or the United Kingdom, (d) is a person identified as a terrorist organization on any other relevant lists maintained by any governmental authority, (e) is a resident of the Republic of Costa Rica, or (f) is a resident of the United Kingdom.

Notch SRL reserves the right to suspend, limit, or terminate access to Notch for any user who violates these Terms, engages in unlawful activity, or poses a compliance risk, at its sole discretion and without prior notice.

In addition to the foregoing, by accessing or using Notch you further represent, warrant, and covenant on a continuing basis that:

• You are the lawful owner or duly authorized user of any wallet, account, or device used in connection with Notch, and you have the full right, power, and authority to control all assets held therein and to enter into and perform these Terms;
• You have sufficient knowledge, market sophistication, professional advice, and experience to make your own evaluation of the merits and risks of any transaction conducted through Notch, including without limitation the risks of leveraged perpetual derivatives, liquidation, funding rate payments, slippage, oracle pricing errors, and the total loss of any margin or collateral committed by you;
• Any funds, crypto-assets, or other property used by you in connection with Notch are not derived, directly or indirectly, from any unlawful activity, and your use of Notch does not and will not constitute money laundering, terrorist financing, fraud, market manipulation, tax evasion, sanctions evasion, or any other unlawful activity;
• You are not, and are not acting on behalf of any person who is, the subject of any sanctions administered or enforced by the United States (including OFAC), the United Kingdom, the European Union, the United Nations, or any other applicable governmental authority;
• You are solely responsible for determining what, if any, taxes apply to your use of Notch and any transactions conducted through it, for collecting, reporting, and remitting the correct tax to the appropriate tax authority, and for any related tax compliance obligations;
• Your access to and use of Notch will at all times comply with all applicable laws, regulations, and rules of any jurisdiction having authority over you or your activities; and
• You will cooperate with any reasonable request from Notch SRL related to compliance, fraud prevention, or investigation of suspected violations of these Terms or of applicable law, including by providing identifying information upon request.

You acknowledge and agree that the representations and warranties in this Section are a material inducement for Notch SRL to make Notch available to you, and that any breach of these representations and warranties may result in immediate suspension or termination of your access to Notch and may give rise to liability under applicable law.

4. Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of Notch following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

5. Accessing Notch and Account Security

We reserve the right to withdraw or amend Notch, and any service or material we provide on Notch, in our sole discretion without notice. We do not guarantee that Notch, or any content on it, will always be available or remain uninterrupted. We will not be liable if for any reason all, or any part, of Notch is unavailable at any time or for any period. From time to time, we may restrict users from accessing parts of Notch or the entirety of Notch.

You are responsible for:

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

To access Notch or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of Notch that all the information you provide on Notch is correct, current, and complete. You agree that all information you provide to use Notch, including, but not limited to, using any interactive features on Notch, is governed by our Privacy Policy, and you consent to all actions we may take with respect to your information that are consistent with our Privacy Policy.

You should use particular caution when inputting personal information onto Notch on a public or shared computer so that others are not able to view or record your personal information.

6. Intellectual Property Rights

Unless otherwise indicated, Notch is our proprietary property and all source code, databases, functionality, software, website designs, information, audio, video, text, photographs, and graphics on Notch (collectively, the "Content"), the KOPS Data, and the trademarks, service marks, and logos contained therein (collectively, the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright, trademark and other intellectual property laws and international conventions. You are not permitted to use any Marks without the prior written consent of the owner of the relevant Mark.

Except as expressly provided herein, we or our licensors do not grant any express or implied license to Notch or the Content. You agree not to copy, reproduce, aggregate, republish, download, post, display, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, sell, reverse engineer, create derivative works based on, or otherwise exploit for any commercial purposes whatsoever, Notch or the Content, without our express prior written permission.

If you are eligible to use Notch, you are permitted to access and use Notch and the Content to which you have properly gained access solely for your personal, non-commercial use. You may not modify or alter the Content in any way. We reserve all rights not expressly granted to you.

7. Prohibited Uses

You may use Notch only for lawful purposes and in accordance with these Terms. You agree not to use Notch:

• 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 or other countries);
• To engage in activities that manipulate markets, commit fraud, or use Notch for any unlawful purposes;
• 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;
• To send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms;
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter", "spam", or any other similar solicitation;
• To impersonate or attempt to impersonate us, a contractor of us, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); and
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Notch, or which, as determined by us, may harm us or users of Notch or expose them to liability.

Additionally, you agree not to:

• Use Notch in any manner that could disable, overburden, damage, or impair Notch or interfere with any other party's use of Notch, including their ability to engage in real time activities through Notch;
• Use any robot, spider, or other automatic device, process or means to access Notch for any purpose, including monitoring or copying any of the material on Notch;
• Use any manual process to monitor or copy any of the material on Notch or for any other unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper working of Notch;
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
• Use a VPN or any other tool to gain unauthorized access to, interfere with, damage, or disrupt any parts of Notch, the server(s) on which Notch are stored, or any server, computer or database connected to Notch;
• Attack Notch via a denial-of-service attack or a distributed denial-of-service attack; and
• Otherwise attempt to interfere with the proper working of Notch.

8. Reliance on Information Posted

The content displayed on Notch, including but not limited to trading interfaces, KOPS Data, charts, and transaction previews is provided for general informational purposes only and is sourced from public blockchain data, the Perp DEX Protocols, third-party data providers, or generated by the KOPS AI system. While we aim to ensure accuracy and availability, Notch SRL makes no guarantees as to the completeness, accuracy, or timeliness of such content.

You acknowledge and agree that your use of Notch, including the initiation of any transactions, is at your own risk. Notch SRL does not guarantee successful trade execution or any particular outcome from interactions with Hyperliquid or any other Perp DEX Protocol. All transactions are initiated and authorized by you directly through your own self-custodial wallet. Notch SRL disclaims any liability for losses arising from reliance on displayed data, technical issues with the interface, oracle pricing errors or delays, smart contract errors, or third-party protocol vulnerabilities.

Notch may include content provided by third parties, including materials provided by third-party licensors, syndicators and aggregators. All statements and/or opinions expressed in these materials, other than the content provided by Notch SRL, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Notch SRL. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

9. Changes to Notch

We may update the content on Notch from time to time, but its content is not necessarily complete or up-to-date. Any of the material on Notch may be out of date at any given time, and we are under no obligation to update such material.

10. Information About You and Your Visits to Notch

All information we collect on Notch and, where applicable, the cookies we use are subject to our Privacy Policy. By using Notch, you consent to all actions that may be taken by us with respect to your information in compliance with the Privacy Policy.

11. Linking to Notch and Social Media Features

You may link to Notch, 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.

12. Links from Notch

If Notch contains links to any 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 third party 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 resources linked on Notch, you do so entirely at your own risk and subject to the terms and conditions of use for such third party resources. We reserve the right to withdraw linking permission without notice.

13. Geographic Restrictions

Access to Notch may be restricted or prohibited in certain countries or jurisdictions. We make no claims that Notch or any of its content may be accessed by any person in any particular country or jurisdiction.

Without limiting the foregoing, you may not access or use Notch if you are a citizen of, resident in, located in, organized under the laws of, or ordinarily present in: (i) the Republic of Costa Rica; (ii) the United Kingdom; or (iii) any country, region, or territory that is the subject of comprehensive sanctions or embargo administered by the United States, the United Kingdom, the European Union, or the United Nations, including, without limitation, Cuba, the Islamic Republic of Iran, the Democratic People's Republic of Korea (North Korea), the Syrian Arab Republic, the Crimea region of Ukraine, the so-called Donetsk People's Republic, and the so-called Luhansk People's Republic (each, a "Restricted Jurisdiction"). Notch SRL reserves the right, at its sole discretion, to designate additional jurisdictions as Restricted Jurisdictions and to implement geographic restrictions, IP-based blocking, wallet-based blocking, or other controls in order to enforce these restrictions, in each case without notice and without liability.

14. Fees

When you use Notch to interact with Hyperliquid and other Perp DEX Protocols, various fees may apply. This includes the service fees explained in Section 2 above. In addition, you may incur third-party costs, which are outside of Notch's control, such as gas fees, funding rate payments, liquidation penalties, and other protocol-level fees required when transacting on Hyperliquid and other Perp DEX Protocols. The applicable fees may change from time to time. Before paying any fees imposed directly by us, you will have the opportunity to review and accept the fees you will be charged.

15. Notch Points and Rewards Program

Notch may, from time to time, display points (including without limitation "Notch Points" or "NP") or other activity-based indicators tied to the number of new users you refer to Notch and your interactions with Hyperliquid and other Perp DEX Protocols via Notch. These points may be calculated based on your referrals and other parameters, such as trading volume, frequency of use, or other engagement metrics, and are intended to reflect your level of activity on Notch. The accrual or display of points may be based on usage but does not constitute a promise or guarantee of any future benefit, token, or airdrop, nor should it be interpreted as an inducement to use Notch.

Users may interpret points at their own discretion, but Notch SRL expressly disclaims any obligation to convert, redeem, or assign value to points now or in the future. Notch SRL reserves the right to modify, suspend, or terminate the points program, and to adjust point balances, at any time and without notice.

16. Risks

PERPETUAL DERIVATIVES INVOLVE A SUBSTANTIAL RISK OF LOSS AND ARE NOT SUITABLE FOR ALL PERSONS. The financial instruments accessible through Notch are leveraged perpetual derivatives. Leverage can work for you as well as against you and may result in losses that exceed your initial deposit. You may be liquidated automatically and without warning, you may be required to make funding rate payments regardless of price movement, and you may lose the entirety of your margin or collateral in a very short period of time. The KOPS Data and any other information displayed on Notch may contain errors or latency, and prices may move sharply between the time you submit a transaction and the time it is processed on-chain. Past performance is not indicative of future results. You should not engage in perpetual derivatives trading unless you fully understand the nature of the instruments, the risks involved, and the extent of your possible exposure to loss, and unless you are willing and able to bear the loss of your entire investment.

You further understand and accept the following risks relating to Notch:

• Notch provides a user interface to interact with decentralized, open-source smart contracts deployed on Hyperliquid and other Perp DEX Protocols. These smart contracts are accessible directly through compatible self-custodial wallets and do not require use of Notch. Notch does not control or operate all of the underlying protocols or smart contracts and is not responsible for their availability, security, or continued operation.
• Interacting with blockchains or smart contracts does not require use of Notch. Notch may provide a convenient and user-friendly method of reading and displaying data from these blockchains or smart contracts and generating standard transaction messages compatible with these blockchains or smart contracts. Notch does not interact with these blockchains or smart contracts and does not conduct any transaction on your behalf. Because Notch does not provide validator nodes for the relevant blockchain network, such software constitutes an essential third party or user dependency without which transactions cannot be exercised. There is no guarantee of the continued operation, maintenance, availability, or security of any of the foregoing or APIs, middleware and servers of third parties.
• Trading on Hyperliquid and other Perp DEX Protocols via Notch may involve transaction slippage, variable gas fees, funding rate payments, liquidation, failed execution, or unexpected market behavior. Hyperliquid and other Perp DEX Protocols and their smart contracts may contain bugs, exploits, vulnerabilities, or experience network congestion, forks, or failures. Hackers, individuals, other malicious groups or organizations may attempt and succeed to interfere with any wallet application, the relevant blockchain networks or these smart contracts in a variety of ways, such as through malware attacks, denial of service attacks, consensus-based attacks, sybil attacks, griefing, smurfing and spoofing, which may lead to a loss of your assets. Transactions on the relevant blockchain networks are irreversible. Any tokens you utilize in connection with Notch are subject to potential risk of permanent disablement, impairment, loss or forfeiture in the event of any exploits, bugs or malfunctions of these smart contracts or the relevant blockchain networks themselves, and no remedy will be available from any person due to any such damages you may suffer in this connection.
• The KOPS Data displayed on Notch reflects the output of an automated pricing system and may diverge from prices on other venues, real-world events, or your subjective assessment of any team's performance. The KOPS Data may contain errors, latency, or inaccuracies. You should not rely on the KOPS Data as a sole basis for any trading or financial decision.
• The ability of Notch to connect with third-party wallet applications or devices is not an endorsement or recommendation to do so by or on behalf of the operators of Notch, and you must assume all responsibility for selecting and evaluating and incurring the risks of any bugs, defects, malfunctions or interruptions of any third-party wallet applications or devices you directly or indirectly use in connection with Notch.
• The smart contracts accessible through Notch and all related facts and circumstances have not been reviewed, approved, endorsed or registered with any regulator or other governmental entity. The creators of these smart contracts are not licensed by any regulator or other authority to provide any legal, financial, accounting, investment or other advice.
• You are solely responsible for protecting the data integrity and confidentiality of your private keys and passwords to any wallet applications or devices used in connection with Notch. You cannot expect anyone to be able to restore or issue any refund in respect of property lost or frozen due to loss of private keys or otherwise.
• You are solely responsible for ensuring that your use of Notch complies with applicable laws and regulations in your jurisdiction. You accept the potential tax consequences in your jurisdiction of residence. You assume all risks with respect to undertaking due diligence and investigation into such tax consequences, and nothing on Notch shall be construed to provide you with any tax, financial or legal advice.
• Blockchains may be subject to "forks". Forks occur when some or all persons running the software clients for a particular blockchain system adopt a new client or a new version of an existing client that (a) changes the protocol rules in backwards-compatible or backwards-incompatible manner that affects which transactions can be added into later blocks, how later blocks are added to the blockchain, or other matters relating to the future operation of the protocol, or (b) reorganizes or changes past blocks to alter the history of the blockchain. Some forks are "contentious" and thus may result in two or more persistent alternative versions of the protocol or blockchain, either of which may be viewed as or claimed to be the legitimate or genuine continuation of the original. You assume full responsibility to independently remain informed about possible forks, and to manage your own interests and risks in that connection.
• The regulatory status of cryptographic tokens, blockchain and distributed ledger technology, perpetual derivatives, as well as their applications are unclear or unsettled in many jurisdictions and it is difficult to predict how or whether governments or regulatory agencies may implement changes to law or apply existing regulation with respect to such technology and its applications. Any such changes to law or clarifications to existing laws may have a materially adverse effect on you.

17. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or Notch 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. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF NOTCH OR ITEMS OBTAINED THROUGH NOTCH OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

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

WE HEREBY DISCLAIM 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.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

18. Limitation on Liability

IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR 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, NOTCH, ANY WEBSITE LINKED TO IT, ANY CONTENT ON NOTCH OR ITEMS OBTAINED THROUGH NOTCH, 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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW WHICH MAY INCLUDE FRAUD.

IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF NOTCH SRL AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF NOTCH, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) ONE THOUSAND UNITED STATES DOLLARS (US$1,000), OR (B) THE TOTAL SERVICE FEES YOU HAVE ACTUALLY PAID DIRECTLY TO NOTCH SRL DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NOTCH SRL AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCEED THREE THOUSAND UNITED STATES DOLLARS (US$3,000) IN THE AGGREGATE. THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT ENLARGE THIS LIMIT. YOU AGREE THAT NOTCH SRL WOULD NOT MAKE NOTCH AVAILABLE TO YOU WITHOUT THESE LIMITATIONS.

19. Indemnification

You agree to defend, indemnify, and hold harmless Notch SRL, 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) arising out of or relating to your violation of these Terms or your use of Notch, including, but not limited to, any use of the Content, Notch and products other than as expressly authorized in these Terms or your use of any information obtained from Notch.

20. Store Availability

You acknowledge and agree that the availability of Notch is dependent on the third-party app store from which you download the application. The Terms apply between you and Notch SRL, not with any app store providers. Your use of Notch may also be subject to the terms and conditions of the app store provider.

21. AI-Generated and Automated Content

Certain informational content made available within Notch (including team strength ratings, team strength prices, the KOPS Data, market snapshots, volatility indicators, or token highlights) may be generated in whole or in part by automated systems, including the KOPS AI pricing system. This content is produced from publicly available sports, market, and news data, does not involve the processing of personal data, and is intended for general informational and educational purposes only.

Notch does not generate, validate, or endorse such outputs as financial or investment advice. Users remain solely responsible for any decisions made on the basis of this information.

22. Third-Party Providers

Notch SRL integrates with third-party services to facilitate certain functionalities on Notch, including to provide services that may be regulated in your jurisdiction to allow you to fund your Notch account via card payments, Apple Pay, bank transfer, or fiat on-ramp providers. Users may be redirected to third-party interfaces outside of Notch to use these third-party services. Users acknowledge that Notch SRL is not responsible for the performance, accuracy, compliance or reliability of these third-party services, and users must accept the terms of such third parties where applicable.

23. Force Majeure

Notch SRL shall not be liable for any failure or delay in the performance of its obligations under these Terms, or for any unavailability, interruption, or degradation of Notch, resulting from any cause beyond its reasonable control, including without limitation: acts of God; natural disasters; pandemics, epidemics, or public health emergencies; war, terrorism, civil unrest, riots, or insurrection; embargoes, sanctions, or trade restrictions; acts of any governmental, regulatory, or judicial authority (including any enforcement action, order, injunction, or change in law or regulation); failures, congestion, forks, exploits, or attacks on any blockchain network or smart contract (including the Perp DEX Protocols); failures, errors, or unavailability of the KOPS AI pricing system or any oracle, data provider, or third-party service; failures or downtime of any internet, telecommunications, hosting, or cloud-services provider; denial-of-service or other malicious attacks; failures or unavailability of any wallet provider, custodian, payment processor, or fiat on-ramp; labor disputes; and any other event or circumstance not within the reasonable control of Notch SRL (each, a "Force Majeure Event"). During the continuance of any Force Majeure Event, Notch SRL's obligations under these Terms shall be suspended for so long as the Force Majeure Event continues, and Notch SRL may, at its sole discretion, take any action it considers reasonable to mitigate the effect of the Force Majeure Event, including without limitation suspending access to Notch in whole or in part.

24. Governing Law, Arbitration, and Class Action Waiver

All matters relating to Notch and these Terms 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 Republic of Costa Rica without giving effect to any choice or conflict of law provision or rule (whether of the Republic of Costa Rica or any other jurisdiction).

Any dispute arising out of or in connection with Notch and these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce ("ICC Rules"), which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be San José, Costa Rica. The language to be used in the arbitration shall be English. You and Notch SRL agree to submit all Disputes between you and Notch SRL to individual binding arbitration. "Dispute" means any dispute, claim, or controversy between you and Notch SRL that relates to Notch and these Terms.

If a Dispute must be arbitrated, you or Notch SRL must start arbitration of the Dispute within one (1) year from when the Dispute first arose. If applicable law requires you to bring a claim for a Dispute sooner than one (1) year after the Dispute first arose, you must start arbitration in that earlier time period. Notch SRL encourages you to tell us about a Dispute as soon as possible so we can work to resolve it. The failure to provide timely notice will bar all claims.

In any Dispute, the arbitrator will award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset.

Any breach by you of these Terms could cause Notch SRL irreparable harm for which it has no adequate remedies at law. Accordingly, Notch SRL is entitled to seek specific performance or injunctive relief for any such breach. Nothing in this section will preclude Notch SRL from seeking specific performance or injunctive relief from a court of appropriate jurisdiction.

CLASS ACTION AND JURY TRIAL WAIVER. YOU AND NOTCH SRL EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION OR PROCEEDING. NEITHER YOU NOR NOTCH SRL WILL BE A CLASS REPRESENTATIVE, CLASS MEMBER, OR OTHERWISE PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING AGAINST THE OTHER. UNLESS BOTH YOU AND NOTCH SRL AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, CLASS, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NOTCH SRL EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF NOTCH. IF THIS CLASS ACTION AND JURY TRIAL WAIVER IS HELD UNENFORCEABLE WITH RESPECT TO ANY CLAIM, THEN THAT CLAIM (AND ONLY THAT CLAIM) SHALL BE SEVERED FROM THE ARBITRATION PROVISIONS OF THESE TERMS AND BROUGHT IN A COURT OF COMPETENT JURISDICTION; ALL OTHER CLAIMS SHALL REMAIN SUBJECT TO ARBITRATION ON AN INDIVIDUAL BASIS.

25. Waiver and Severability

No waiver by us of any term or condition set forth in these Terms 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 us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms 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 will continue in full force and effect.

Survival. The provisions of Sections 6 (Intellectual Property Rights), 16 (Risks), 17 (Disclaimer of Warranties), 18 (Limitation on Liability), 19 (Indemnification), 23 (Force Majeure), 24 (Governing Law, Arbitration, and Class Action Waiver), this Section 25, and any other provisions which by their nature are intended to survive, shall survive any termination or expiration of these Terms or your use of Notch.

Assignment. You may not assign, delegate, or transfer these Terms or any of your rights or obligations hereunder, by operation of law or otherwise, without the prior written consent of Notch SRL, and any attempted assignment without such consent will be null and void. Notch SRL may freely assign, delegate, or transfer these Terms and any of its rights or obligations hereunder, in whole or in part, without notice or consent.

Electronic Communications and Notices. By accessing or using Notch, you consent to receive communications from Notch SRL in electronic form, including, without limitation, by email to the address you have provided, by SMS or push notification, or by posting on Notch. You agree that all agreements, notices, disclosures, and other communications that Notch SRL provides to you electronically satisfy any legal requirement that such communications be in writing. Notice to you shall be deemed given when sent or posted, regardless of whether you actually receive or read it.

No Third-Party Beneficiaries. These Terms are for the benefit of, and will be enforceable by, you and Notch SRL only. These Terms are not intended to confer any right or benefit on any third party (including, without limitation, any beneficiary or heir of you).

Headings; Interpretation. Section headings in these Terms are for convenience only and shall not affect interpretation. The words "include," "includes," and "including" shall be deemed to be followed by the words "without limitation."

26. Independence

You acknowledge and agree that Notch SRL does not owe you any fiduciary duties or liabilities. Your use of Notch does not create any partnership, joint venture, or agency relationship between you and Notch SRL.

27. Entire Agreement

The Terms, our Privacy Policy and other terms and conditions applicable at the time you access Notch constitute the sole and entire agreement between you and Notch SRL with respect to Notch and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Notch.

28. Contact

If you have any questions about these Terms, please contact us at: support@notch.win.