Terms of Use

Last Updated: September 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 limited liability company 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 ("Notch SRL", "we", "us", or "our"). These Terms, together with any documents they expressly incorporate by reference, govern your access to and use of any website or application published by Notch SRL, including: (a) the mobile and desktop application, (b) the website located at https://notch.win or any sub-URL of such 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 Notch.

These Terms govern your rights and obligations, our disclaimers and limitations of liability, and the risks relating to your use of Notch. When you create an account, you will be asked to accept these Terms. By accepting them or by using Notch, you agree to be bound 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 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 may add, remove, or modify the Perp DEX Protocols accessible through Notch at any time.

Notch SRL has implemented builder codes (or analogous on-chain referral and fee mechanisms) on the Perp DEX Protocols, which apply a service fee to certain transactions initiated through Notch. This fee reflects the value Notch provides as an interface and through its oracle data and API infrastructure. The current service fee rate is displayed in Notch.

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, deploy, or operate the smart contracts of the Perp DEX Protocols.

The smart contracts Notch interfaces with are deployed on permissionless blockchain networks. Users can interact with them directly, including by building their own user interfaces. We cannot control or change such smart contracts or the Perp DEX Protocols, and interacting with them does not require Notch.

Notch SRL provides a frontend interface 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 broadcast directly by users through their own self-custodial wallets. At no time do we have custody or control of any crypto-assets you interact with, and we cannot transmit or retrieve crypto-assets for or on behalf of anyone. We are not an exchange, broker, market maker, custodian, payment processor, lender, borrower, fiduciary, or virtual or crypto-asset service provider. You are solely responsible for the transactions you choose to engage in.

Our services may change over time, and new features may be subject to additional terms, which will form part of these Terms. We may modify or discontinue any part of Notch at any time.

3. Who May Use Notch

By using Notch, you represent and warrant that you (i) are at least 18 years old and have reached the age of majority in your jurisdiction, (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; (b) is listed or otherwise designated on any list of prohibited or restricted parties maintained by the United States, the United Kingdom, the European Union, or the United Nations, including the OFAC Specially Designated Nationals and Blocked Persons List, the EU consolidated list of persons, groups and entities subject to financial sanctions, and the UK Consolidated List of Financial Sanctions Targets; (c) is otherwise a person with whom Notch SRL is prohibited from dealing 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 identified as a terrorist organization on any list maintained by a governmental authority; or (e) is a citizen of, resident in, located in, or organized under the laws of a Restricted Jurisdiction (as defined in Section 13).

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 full authority to control all assets held therein and to enter into and perform these Terms.
You have sufficient knowledge, experience, and, where needed, professional advice to evaluate the merits and risks of any transaction conducted through Notch, including the risks of leveraged perpetual derivatives, liquidation, funding rate payments, slippage, oracle pricing errors, and the total loss of any margin or collateral you commit.
Any funds or crypto-assets you use in connection with Notch are not derived from any unlawful activity, and your use of Notch does not constitute money laundering, terrorist financing, fraud, market manipulation, tax evasion, sanctions evasion, or any other unlawful activity.
You are not acting on behalf of any person described in (a) to (e) above.
You are solely responsible for determining which taxes apply to your use of Notch and for reporting and paying them.
Your use of Notch will at all times comply with all laws and regulations applicable to you.
You will cooperate with any reasonable request from Notch SRL related to compliance, fraud prevention, or the investigation of suspected violations of these Terms or of applicable law, including by providing information upon request.

These representations and warranties are a material inducement for Notch SRL to make Notch available to you. Any breach may result in immediate suspension or termination of your access to Notch.

Suspension and termination. Notch SRL may suspend, limit, or terminate your access to Notch if you violate these Terms, engage in unlawful activity, or pose a compliance risk. You may stop using Notch at any time. Because Notch is self-custodial, suspension or termination of your access to Notch does not affect your assets or open positions on the Perp DEX Protocols, which you can continue to manage directly through the protocols or other interfaces.

4. Changes to the Terms

We may revise these Terms from time to time. If we make material changes, we will notify you through Notch or by email at least 30 days before they take effect, unless the change is required by law or addresses security or fraud, in which case it may take effect immediately. Your continued use of Notch after the changes take effect means you accept them. If you do not agree, you must stop using Notch.

5. Accessing Notch and Account Security

We may withdraw or amend Notch, or any service or material we provide on Notch, at any time. We do not guarantee that Notch will always be available or uninterrupted, and we will not be liable if Notch is unavailable at any time or for any period. We may restrict users from accessing parts or all of Notch.

You are responsible for:

making all arrangements necessary for you to access Notch; and
ensuring that all persons who access Notch through your internet connection are aware of and comply with these Terms.

To access Notch or some of its features, you may be asked to provide registration details or other information. All information you provide must be correct, current, and complete. We process your information in accordance with our Privacy Policy.

Use caution when entering personal information on Notch from a public or shared device.

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. You may not use any Marks without the prior written consent of their owner.

Except as expressly provided herein, we and 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, reverse engineer, create derivative works based on, or otherwise commercially exploit Notch or the Content without our prior written permission.

If you are eligible to use Notch, you may access and use Notch and the Content solely for your personal, non-commercial use. You may not modify or alter the Content. 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 law or regulation, including laws regarding the export of data or software;
to manipulate markets, commit fraud, or for any other unlawful purpose;
to exploit, harm, or attempt to exploit or harm minors in any way;
to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;
to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including spam or similar solicitations;
to impersonate or attempt to impersonate us, our contractors, another user, or any other person or entity;
to access Notch from a Restricted Jurisdiction, or to use a VPN, proxy, or any other tool or method to circumvent our geographic restrictions, IP-based blocking, or wallet-based blocking;
to create multiple accounts, use fake or self-referrals, engage in wash trading, or use any other artificial means to obtain Notch Points, referral rewards, or affiliate commissions; or
to engage in any other conduct that restricts or inhibits anyone's use of Notch or that, 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 it;
use any robot, spider, or other automated means to access Notch, including to monitor or copy material on Notch, other than through APIs we expressly make available for that purpose;
use any manual process to monitor or copy material on Notch for any 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 malicious or technologically harmful material;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of Notch, the servers on which Notch is stored, or any server, computer, or database connected to Notch;
attack Notch via a denial-of-service or distributed denial-of-service attack; or
otherwise attempt to interfere with the proper working of Notch.

8. Reliance on Information Posted

The content displayed on Notch, including 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 the KOPS AI system. While we aim to ensure accuracy and availability, we make no guarantees as to the completeness, accuracy, or timeliness of such content.

Your use of Notch, including the initiation of any transaction, is at your own risk. Notch SRL does not guarantee successful trade execution or any particular outcome from interactions with any Perp DEX Protocol. All transactions are initiated and authorized by you 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. All statements and opinions in such materials are solely those of the person or entity providing them and do not necessarily reflect the opinion of Notch SRL. We are not responsible for the content or accuracy of any third-party materials.

9. Changes to Notch

We may update the content on Notch from time to time, but it is not necessarily complete or up to date, and we are under no obligation to update it.

10. Information About You and Your Visits to Notch

All information we collect on Notch, and any cookies we use, are processed in accordance with our Privacy Policy.

11. Linking to Notch

You may link to Notch, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You must not link in a way that suggests any association, approval, or endorsement on our part without our express written consent.

12. Links from Notch

Links to third-party resources on Notch are provided for your convenience only. We have no control over those resources and accept no responsibility for them or for any loss or damage arising from your use of them. If you access them, you do so at your own risk and subject to their terms.

13. Geographic Restrictions

Access to Notch may be restricted or prohibited in certain countries or jurisdictions. We make no claim that Notch may be accessed from any particular country or jurisdiction.

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 Province of Ontario, Canada; or (iii) any country, region, or territory subject to comprehensive sanctions or embargo administered by the United States, the United Kingdom, the European Union, or the United Nations, including Cuba, Iran, North Korea, Syria, 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 may designate additional Restricted Jurisdictions and implement geographic restrictions, IP-based blocking, wallet-based blocking, or other controls to enforce these restrictions, in each case without notice.

14. Fees

When you use Notch to interact with the Perp DEX Protocols, various fees may apply, including the service fee described in Section 2. You may also incur third-party costs outside of Notch's control, such as gas fees, funding rate payments, liquidation penalties, and other protocol-level fees. Fees may change from time to time. Before paying any fees imposed directly by us, you will have the opportunity to review and accept them.

15. Notch Points, Referrals, and Affiliates

Notch may display points (including "Notch Points" or "NP") or other activity-based indicators tied to the number of new users you refer to Notch and your interactions with the Perp DEX Protocols through Notch. Points may be calculated based on referrals, trading volume, frequency of use, or other engagement metrics, and are intended to reflect your level of activity on Notch. Points do not constitute a promise or guarantee of any future benefit, token, or airdrop, and should not be interpreted as an inducement to use Notch.

Notch SRL has no obligation to convert, redeem, or assign value to points now or in the future. We may modify, suspend, or terminate the points program, and adjust point balances, at any time.

Referrals and affiliates. You may refer new users using your referral link or code. Companies participating in our affiliate program do so under a separate written agreement, which governs their participation as affiliates. We may withhold, reverse, or cancel points, referral rewards, or affiliate attribution obtained through fraud, abuse, or breach of these Terms.

16. Risks

PERPETUAL DERIVATIVES INVOLVE A SUBSTANTIAL RISK OF LOSS AND ARE NOT SUITABLE FOR ALL PERSONS. The 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 your entire 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 trade perpetual derivatives unless you fully understand the instruments, the risks involved, and the extent of your possible loss, and unless you are willing and able to bear the loss of your entire investment.

You further understand and accept the following risks:

Notch provides a user interface to interact with decentralized, open-source smart contracts on the Perp DEX Protocols. These smart contracts are accessible directly through compatible self-custodial wallets and do not require Notch. Notch does not control or operate the underlying protocols or smart contracts and is not responsible for their availability, security, or continued operation.
Notch reads and displays data from blockchains and smart contracts and generates standard transaction messages compatible with them. Notch does not conduct any transaction on your behalf. Because Notch does not provide validator nodes for the relevant blockchain networks, such infrastructure is an essential third-party dependency without which transactions cannot be executed. There is no guarantee of the continued operation, availability, or security of any such infrastructure, or of third-party APIs, middleware, and servers.
Trading on the Perp DEX Protocols may involve slippage, variable gas fees, funding rate payments, liquidation, failed execution, or unexpected market behavior. The Perp DEX Protocols and their smart contracts may contain bugs, exploits, or vulnerabilities, or experience network congestion, forks, or failures. Malicious actors may attempt to interfere with wallet applications, blockchain networks, or smart contracts through malware, denial-of-service attacks, consensus-based attacks, sybil attacks, griefing, smurfing, spoofing, or other means, which may lead to a loss of your assets. Blockchain transactions are irreversible. Any tokens you use in connection with Notch are subject to the risk of permanent loss in the event of exploits, bugs, or malfunctions, and no remedy may be available.
The KOPS Data reflects the output of an automated pricing system and may diverge from prices on other venues, real-world events, or your own assessment. It may contain errors, latency, or inaccuracies. You should not rely on it as the 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 of them. You are responsible for selecting and evaluating any wallet application or device you use, and for the risks of any bugs, defects, or interruptions in them.
The smart contracts accessible through Notch have not been reviewed, approved, endorsed, or registered with any regulator. Their creators are not licensed to provide legal, financial, accounting, investment, or other advice.
You are solely responsible for protecting your private keys and passwords. No one can restore or refund property lost or frozen due to the loss of private keys or otherwise.
You are solely responsible for ensuring that your use of Notch complies with the laws of your jurisdiction, and you accept the tax consequences of your use of Notch. Nothing on Notch constitutes tax, financial, or legal advice.
Blockchains may be subject to forks, which may change the protocol rules or alter the history of the blockchain, and some forks may result in two or more persistent versions of a blockchain. You are responsible for staying informed about possible forks and managing your own risks in that connection.
The regulatory status of crypto-assets, blockchain technology, and perpetual derivatives is unclear or unsettled in many jurisdictions. Changes to law or regulation may have a materially adverse effect on you.

17. Disclaimer of Warranties

We cannot and do not guarantee that files available for download from the internet or Notch will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your requirements for anti-virus protection and data accuracy, and for maintaining a means external to Notch to reconstruct any lost data. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 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 EQUIPMENT, PROGRAMS, OR DATA DUE TO YOUR USE OF NOTCH OR ANY WEBSITE LINKED TO IT.

YOUR USE OF NOTCH IS AT YOUR OWN RISK. NOTCH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NEITHER NOTCH SRL NOR ANY PERSON ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF NOTCH, OR THAT NOTCH WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT NOTCH OR ITS SERVERS ARE FREE OF HARMFUL COMPONENTS, OR THAT NOTCH WILL MEET YOUR NEEDS OR EXPECTATIONS.

WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETY, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

18. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR 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 OF, OR INABILITY TO USE, NOTCH, ANY WEBSITE LINKED TO IT, OR ANY CONTENT ON NOTCH, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN ADDITION, 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 SHALL NOT EXCEED THE GREATER OF (A) ONE THOUSAND UNITED STATES DOLLARS (US$1,000) OR (B) THE TOTAL SERVICE FEES YOU ACTUALLY PAID TO NOTCH SRL DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND IN NO EVENT SHALL IT EXCEED THREE THOUSAND UNITED STATES DOLLARS (US$3,000) IN THE AGGREGATE. MULTIPLE CLAIMS SHALL NOT ENLARGE THIS LIMIT.

NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

19. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Notch SRL, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, 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 other than as expressly authorized in these Terms.

20. App Stores

If you download Notch from the Apple App Store or Google Play (each, an "App Store"), these Terms are between you and Notch SRL only, not the App Store provider. Notch SRL, not the App Store provider, is solely responsible for Notch, its content, its maintenance and support, and for addressing any claims relating to Notch, including product liability claims, claims that Notch fails to conform to any legal or regulatory requirement, consumer protection claims, and intellectual property infringement claims. Your license to use the app is limited to use on devices you own or control, as permitted by the applicable App Store's usage rules. Your use of Notch may also be subject to the App Store provider's terms and to your wireless carrier's terms.

If you downloaded Notch from the Apple App Store and it fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to Notch. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

21. AI-Generated and Automated Content

Certain informational content in 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 KOPS AI. 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 validate or endorse such outputs as financial or investment advice. You remain solely responsible for any decisions made on the basis of this information.

22. Third-Party Providers

Notch integrates with third-party services to provide certain functionality. Deposits into Notch, including by card, Apple Pay, bank transfer, or fiat on-ramp, are processed by Unifold and Privy, third-party providers that may be regulated in your jurisdiction. Unifold and Privy may require you to complete identity verification (KYC) under their own terms and privacy policies. Notch SRL does not perform identity verification and does not receive your identity documents.

You may be redirected to third-party interfaces to use these services and must accept their terms where applicable. Notch SRL is not responsible for the performance, accuracy, compliance, or reliability of third-party services.

23. Force Majeure

Notch SRL shall not be liable for any failure or delay in performing its obligations under these Terms, or for any unavailability, interruption, or degradation of Notch, resulting from any cause beyond its reasonable control, including: 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 system or any oracle, data provider, or third-party service; failures or downtime of any internet, telecommunications, hosting, or cloud 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 not within the reasonable control of Notch SRL (each, a "Force Majeure Event"). During a Force Majeure Event, Notch SRL's obligations under these Terms are suspended, and Notch SRL may take any action it considers reasonable to mitigate its effects, including suspending access to Notch in whole or in part.

24. Governing Law, Dispute Resolution, and Class Action Waiver

Governing law. These Terms and any dispute or claim arising out of or relating to Notch or these Terms, including non-contractual disputes or claims, are governed by the laws of the Republic of Costa Rica, without regard to conflict of law rules.

Informal resolution. Before starting arbitration, you and Notch SRL agree to try to resolve any dispute informally. The party raising the dispute must send a written description of it to the other party (to us at support@notch.win). If the dispute is not resolved within 30 days, either party may start arbitration.

Arbitration. Any dispute, claim, or controversy arising out of or relating to Notch or these Terms, including any question regarding their existence, validity, or termination (a "Dispute"), shall be finally resolved by individual binding arbitration under the Rules of Arbitration of the International Chamber of Commerce ("ICC Rules"), including its Expedited Procedure Provisions where applicable. The tribunal shall consist of one arbitrator. The seat of arbitration shall be San José, Costa Rica, and hearings may be held by videoconference. The language of the arbitration shall be English.

Time limit. Any Dispute must be submitted to arbitration within one (1) year from when it first arose, or within any shorter period required by applicable law.

Costs. Each party bears its own attorneys' fees, unless the arbitrator decides otherwise under the ICC Rules or applicable law.

Injunctive relief. A breach of these Terms by you could cause Notch SRL irreparable harm. Notch SRL may seek specific performance or injunctive relief from a court of competent jurisdiction for any such breach.

Mandatory consumer protections. Nothing in this Section deprives you of any protection you are entitled to under the mandatory laws of your country of residence, including any right to bring a claim before the courts of that country where such right cannot be waived.

CLASS ACTION AND JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING IT AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY'S INDIVIDUAL CLAIM. YOU AND NOTCH SRL EACH WAIVE THE RIGHT TO A TRIAL BY JURY. IF THIS WAIVER IS HELD UNENFORCEABLE WITH RESPECT TO ANY CLAIM, THAT CLAIM ALONE SHALL BE SEVERED AND BROUGHT IN A COURT OF COMPETENT JURISDICTION, AND ALL OTHER CLAIMS SHALL REMAIN SUBJECT TO INDIVIDUAL ARBITRATION.

25. General Provisions

Waiver. No waiver by us of any term of these Terms shall be deemed a further or continuing waiver of that term or a waiver of any other term, and our failure to assert a right under these Terms shall not constitute a waiver of that right.

Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, it shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

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

Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent. Notch SRL may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, or sale of assets.

Electronic communications. You consent to receive communications from Notch SRL electronically, including by email, SMS, push notification, or posting on Notch. Electronic communications satisfy any legal requirement that communications be in writing.

No third-party beneficiaries. Except as set out in Section 20, these Terms do not confer any right or benefit on any third party.

Interpretation. Headings are for convenience only. The words "include," "includes," and "including" are deemed to be followed by "without limitation."

26. Independence

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

27. Entire Agreement

These Terms, our Privacy Policy, and any additional terms applicable to specific features of Notch constitute the entire agreement between you and Notch SRL with respect to Notch and supersede all prior understandings and agreements with respect to it.

28. Contact

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