PATRIOT PAY TERMS OF SERVICE

Last Updated: June 20, 2024

Patriot Pay, LLC (“Patriot Pay” or “we” or “us” or “our”) makes available to users certain software services accessible via web and mobile applications, including the Patriot Pay App (the “Wallet Application” or “App”). The Wallet Application enables users to: (i) access a digital asset browser and link to decentralized applications and decentralized exchanges (“Dapp(s)”); (ii) view addresses and information that are part of digital asset networks and broadcast transactions; and (iii) additional functionalities as Patriot Pay may add to the App from time to time (collectively, the “Services”). Patriot Pay developed these Terms of Service (these “Terms”) to describe the terms that govern your use of all versions of the Wallet Application. These terms and additional information about the Wallet Application can be found on the Patriot Pay website located at https://app.patriotpay.org (the “Site”).

Agreement to Terms

By clicking “I Agree” or by accessing the Wallet Application or using any or all of the Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, you may not access or use the Services.

Privacy Policy

Please refer to our Patriot Pay Wallet App’s Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to, and that we can collect, use, and/or disclose your information (including any personal data you provide to us) in accordance with our Privacy Policy.

Changes to Terms or Services

We may modify the Terms at any time at our sole discretion. If we do so, we’ll let you know by posting the modified Terms on the Site, by providing you with a notice through the App, or through other methods of communication which we deem reasonable. The modified Terms will be effective at the time they are posted on the Site. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have modified the Terms, you are agreeing to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services. Because our Services are evolving over time, we may change or discontinue all or any part of the Services at any time and without notice, at our sole discretion.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE FOR USERS IN CERTAIN JURISDICTIONS. IF YOU ARE A USER LOCATED IN THE UNITED STATES OR CANADA, YOU AGREE THAT DISPUTES BETWEEN YOU AND PATRIOT PAY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN THE UNITED STATES OR CANADA AS APPLICABLE, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Who May Use the Services - Eligibility

You may use the Services if you are 18 years or older and are not barred from using the Services under applicable law.

Registration and Your Information

If you want to use the Services, you’ll have to create an account (“Account”) via the App. You agree that you won’t disclose your Account credentials to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account or are otherwise referable to your Account credentials, whether or not you know about them. We reserve the right to suspend or terminate your Account if you provide inaccurate, untrue, or incomplete information, or if you fail to comply with the Account registration requirements or these terms.

You are solely responsible for the retention and security of your login ID and Password (“Private Key”). Your email and private key are the only ways to access the cryptocurrency associated with your Account. Anyone that has access to your private key can access your cryptocurrency. If you lose access to your email address and/or your private key, you will not be able to access your cryptocurrency. You acknowledge that Patriot Pay does not store and is not responsible in any way for the security of your private key and you agree to hold Patriot Pay and/or Patriot Pay App harmless and that Patriot Pay and/or Patriot Pay shall not be liable in any way in the event you lose access to your email and/or private key and cannot access your cryptocurrency.

Feedback

We welcome feedback, comments, ideas, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by contacting us at https://patriotpay.org/contactus. You grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose. You acknowledge that, in certain instances, where you have removed your User Content by specifically deleting it, some of your User Content (such as posts or comments you make) may not be completely removed, and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Content Ownership, Responsibility, and Removal

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) make available through the Services. Content includes, without limitation, User Content.

We do not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Patriot Pay and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

In order to operate and provide our Services, you grant us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, copy, distribute, create derivative works of, display, and perform the User Content that you upload, submit, store, send, or receive on the App or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services. Additional information about your privacy and how we use User Content is available in the Privacy Policy.

You warrant and represent that you have the right and authority to submit your User Content and that the User Content or any part thereof does not infringe the intellectual property rights or any other rights of any third party. You acknowledge that, in certain instances, where you have removed your User Content by specifically deleting it, some of your User Content (such as posts or comments you make) may not be completely removed, and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by Patriot Pay

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to download, view, copy, display, and print the Content solely in connection with your permitted use of the Services.

Rights in App, Site, and Services Granted by Patriot Pay

The App, Site, and Services are proprietary to Patriot Pay and its licensors and must not be used other than strictly in accordance with these Terms. Patriot Pay grants you a limited, non-exclusive, non-transferable, non-sub-licensable right to use the App and Site for accessing and using the Services in accordance with these Terms.

Fees

We may charge fees for some or part of the Services we make available to you. We reserve the right to change those fees at our discretion with notice. We will disclose the amount of fees we will charge you for the applicable Service at the time you access the Service. You may incur charges from third parties for the use of linked services. For example, you may be charged fees via the Dapps and/or DEXs that you access via the App. You may also be charged fees by Patriot Pay, LLC if you link the Wallet App to your Patriot Pay account and transact in your Patriot Pay account.

By using our services, you acknowledge and agree to comply with the terms and conditions of our integrated partners, including but not limited to Magic, Onramper, ChangeNow, and ChatWoot. Your use of services provided by these partners through our platform is subject to their respective terms of service, privacy policies, and any other applicable agreements. We recommend reviewing these documents to ensure your compliance. In the event of any conflict between our Terms of Service and the terms and conditions of our partners, the terms of the respective partner will govern your use of their services. We reserve the right to add or change our partners at any time, and you agree to comply with the terms of any new partners integrated into our services.

Third Party Materials

The Services and App may contain links to third-party services and/or Dapps (“Third Party Materials”). The Services enable you to access Dapps via a Dapp browser and Wallet Application. You acknowledge and agree that Patriot Pay is not responsible

for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Patriot Pay does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links to other web pages are provided solely as a convenience to you.

Patriot Pay shall not be liable for any loss or damage of any sort incurred as a result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Patriot Pay is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Patriot Pay, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

Acceptable Use and Patriot Pay Holdings Enforcement Rights

You agree to use the Services only for purposes that are lawful, proper, and in accordance with these Terms. You agree not to misuse the Services. For example, you must not and must not assist, encourage, or enable others to use the Services to:

• Post, store, send, or transmit any material that is or is purported to be unlawful under any applicable law or any material that could give rise to any civil or criminal liability under any applicable law;
• Access, tamper with, or use non-public areas of the Services, Patriot Pay’s computer systems, or the technical delivery systems of Patriot Pay’s providers;
• Attempt to probe, scan, or test the vulnerability of any Patriot Pay system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Patriot Pay or any of Patriot Pay’s providers or any other third party (including another user) to protect the Services;
• Attempt to access or search the Services or Content or download Content from the Services through the use of 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 Patriot Pay or other generally available third-party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
• Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or otherwise use the Services in any manner intended to forge, misrepresent, or conceal your identity;
• Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity, including, without limitation, a Patriot Pay official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Violate any applicable law or regulation or any order of a court, including, without limitation, Bitcoin gambling prohibition laws and regulations (notwithstanding the general nature of this provision).

Export Laws

You agree to comply with all applicable export control and trade sanctions laws. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Marketplace and Donations Center

The Services may include a marketplace and a donations center that allows users to make transactions with merchants and make donations to other users and charities. All transactions are conducted directly between you and the merchant or donation recipient. Patriot Pay is not a party to these transactions and is not responsible for resolving any disputes between you and the merchant or donation recipient. You acknowledge and agree that any transactions you conduct through the marketplace or donations center are at your own risk and that you will resolve any disputes directly with the merchant or donation recipient.

Education Center

The Services may include an education center offering informational content about digital assets and related topics. The content provided in the education center is strictly for informational purposes and should not be construed as investment or financial advice. Patriot Pay does not endorse any specific digital assets, investments, or strategies. You acknowledge and agree that the information provided in the education center may not be accurate, complete, or up-to-date, and it is advisable to consult with a qualified investment or financial advisor before making any investment decisions.

While we strive to provide accurate and current information, Patriot Pay makes no representations or warranties of any kind, express or implied, regarding the completeness, accuracy, reliability, suitability, or availability of the educational content. Any reliance you place on such information is strictly at your own risk.

Patriot Pay, its affiliates, and employees shall not be liable for any errors or omissions in the educational content, nor for any loss or damage of any kind incurred as a result of the use of or reliance on any information provided in the education section.

Users acknowledge that they are responsible for their own actions and decisions based on the information provided in the education section. Users should conduct their own research and due diligence and seek advice from professionals as necessary.

Termination

You can terminate your access to the Services at any time by closing your Account. We may terminate or suspend your access to the Services at any time and for any reason, without notice and without liability to you. Upon termination of your access to the Services, all rights and obligations under these Terms will automatically terminate. Sections 8, 9, 10, 12, 13, 14, 16, and 17 will survive termination of these Terms.

Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Indemnity

You agree to indemnify and hold Patriot Pay and its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to your use of the Services or violation of these Terms.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PATRIOT PAY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF PATRIOT PAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PATRIOT PAY’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, IS LIMITED TO THE AMOUNT PAID BY YOU TO PATRIOT PAY FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Dispute Resolution

These Terms and any dispute or claim arising out of, or related to, them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

General Terms

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Patriot Pay relating to your use of the Services. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. Patriot Pay’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Patriot Pay. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.