Terms of Service
Terms of Service
Introduction
These Terms of Service (the "Agreement") explain the terms and conditions by which you may access and use the decentralized exchange platform PixelSwap ("PixelSwap") provided by LayerPixel (referred to herein as "LayerPixel ", "we", "our", or "us"). PixelSwap shall include, but shall not necessarily be limited to, (a) the PixelSwap decentralized application interface (the "Interface" or "DApp"), (b) the PixelWallet abstract wallet, (c) integration with TON Wallet, and (d) any other products and services that link to this Agreement (together with the Interface, PixelWallet, TON Wallet integration, and related products/services, the "Platform"). You must read this Agreement carefully as it governs your use of the Platform. By accessing or using any part of the Platform, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Platform.
To access or use the Platform, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction and have the full right, power, and authority to enter into and comply with this Agreement on behalf of yourself and any entity for which you may access the Platform. If acting on behalf of an entity, you represent that you have legal authority to bind such entity.
You further represent that you are not (a) subject to economic or trade sanctions or designated on any prohibited parties list maintained by any governmental authority, or (b) a citizen, resident, or organized in a sanctioned jurisdiction or territory per BVI/Switzerland law. You also represent that your Platform access and use fully complies with all applicable laws and regulations, and that you will not use the Platform to conduct, promote, or facilitate any illegal activities.
NOTICE: This Agreement contains important provisions, including a binding arbitration clause and class action waiver that impact your legal rights regarding dispute resolution. The Platform is only available if you completely agree to these terms.
1. Our Platform
1.1 The Interface
The Interface provides a decentralized application (DApp) interface for accessing (a) the PixelSwap decentralized exchange protocol on the TON blockchain, which allows users to trade certain compatible digital assets (the "PixelSwap Protocol"); and (b) integration with the PixelWallet abstract wallet and TON Wallet for managing users' digital assets.
The Interface is a distinct interface layer for the PixelSwap Protocol and is one means of accessing it, separate from the underlying Protocol itself. The PixelSwap Protocol comprises open-source smart contracts deployed on the TON network. LayerPixel does not control or operate the PixelSwap Protocol. By using the Interface, you understand you are not trading digital assets directly with LayerPixel, and LayerPixel does not operate liquidity pools or control trade execution on the Protocol. When users pay trading fees, those accrue to liquidity providers. LayerPixel is generally not a liquidity provider, as providers are independent third parties.
To access the Interface, you must use a compatible non-custodial wallet like PixelWallet or other TON Wallet, which allows interaction with the TON blockchain. Your relationship with the wallet provider is governed by their respective terms of service. We do not have custody or control over your wallet contents and cannot retrieve or transfer assets in your wallet. By connecting your wallet to our Interface, you agree to be bound by this Agreement.
1.2 PixelWallet and TON Wallet Integration
The Platform integrates with the PixelWallet abstract wallet and TON Wallet, allowing you to (a) store digital assets; (b) connect to the PixelSwap decentralized exchange; (c) view blockchain addresses and information; (d) broadcast transactions on the TON network; (e) participate in trades and related activities on PixelSwap; and (f) perform any additional services we may add related to wallet functionality.
1.3 Access through Third Party Integrations
We may make certain components of the Platform, including APIs, liquidity services, and data, accessible or usable through interfaces, products or services provided by certain third party partners, such as exchanges, wallets or trading platforms ("Third Party Partners"). Your use of the Platform through a Third Party Partner interface or integration is still subject to the terms and conditions of this Agreement.
1.4 Additional Platform Components
We may from time to time offer and remove certain products, features or services as part of the Platform. Any such additions shall be considered part of the Platform as defined herein, regardless of whether specifically defined in this Agreement at the time.
2. Modifications to this Agreement or the Platform
2.1 Modifications to this Agreement
We reserve the right, at our sole discretion, to modify this Agreement from time to time. If we make any material changes, we will notify you by updating the date at the top of the Agreement and maintaining an updated version at https://docs.pixelswap.io/. All modifications are effective when posted, and your continued access or use of the Platform constitutes acceptance of those changes. If you do not agree with any Agreement modifications, you must immediately stop accessing and using the Platform.
2.2 Modifications to the Platform
We reserve the following rights, which are not obligations: (a) with or without notice, to modify, substitute, eliminate or add to any part of the Platform; (b) to review, modify, filter, disable, delete and remove any content or information from the Platform.
3. Intellectual Property Rights
3.1 IP Rights Generally
PixelSwap own all intellectual property and other rights in the Platform and its respective contents, including but not limited to software, text, images, trademarks, service marks, copyrights, patents, designs, and "look and feel." This intellectual property is available under the terms of our copyright licenses and applicable guidelines. Subject to this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Platform solely per this Agreement. You agree not to use, modify, distribute, tamper with, reverse engineer, disassemble or decompile any part of the Platform except as expressly permitted herein. Except as stated in this Agreement, we grant you no rights to the Platform or any intellectual property rights.
You understand and acknowledge that the underlying PixelSwap Protocol is separate, and we do not control it.
By using the Platform, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content you post through the Platform for our current and future business purposes related to providing, promoting, and improving the Platform services.
You grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with sublicense rights, under any intellectual property rights you own or control, to use, copy, modify, and create derivative works from any suggestions or feedback you provide for any purpose.
You represent and warrant that you have obtained all necessary rights, licenses, consents, and permissions to grant the rights herein for any material you post or submit through the Platform. You represent and warrant such content does not contain material subject to intellectual property rights unless you have legal permission, and that the content does not violate any laws.
3.2 Intellectual Property Infringement Claims
If you believe your copyrighted work has been infringed upon or your intellectual property rights have been violated in relation to the PixelSwap Platform, you should submit a notice of claimed infringement to help@layerpixel.io.
Your notice must include:
Identification of the infringed work or IP rights
Identification of the allegedly infringing material and its specific location on the Platform
Your contact information
A declaration stating:
Your good faith belief that the use is unauthorized
The notice information is accurate
You are authorized to act on behalf of the IP owner
Your physical or electronic signature
If you believe content was wrongly removed due to an infringement claim, you may submit a counter-notice stating you have authorization to use the content.
3.3 Third-Party Resources and Promotions
The Platform may contain references or links to third-party resources, including but not limited to information, materials, products, or services, that we do not own or control. Third parties may also offer promotions related to your Platform access and use. We do not endorse or assume any responsibility for such third-party resources or promotions. If you access any such resources or participate in promotions, you do so at your own risk, and this Agreement does not apply to your dealings with third parties. You expressly relieve us of any liability arising from your use of third-party resources or promotions.
3.4 Additional Rights
We reserve the right to cooperate with and disclose information to any law enforcement, court, government, or third party investigation, order, or request directing us to disclose data or content that you provide.
4. Your Responsibilities
4.1 Prohibited Activities
You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activities in relation to your access and use of the PixelSwap Platform:
Intellectual Property Infringement: Infringing on copyrights, trademarks, patents, publicity rights, privacy rights, or other intellectual property rights.
Cyberattacks: Interfering with or compromising the integrity, security, or functioning of any computer systems, servers, networks, devices, etc., including deploying viruses or denial of service attacks.
Fraud and Misrepresentation: Defrauding or providing false, inaccurate, or misleading information to unlawfully obtain property.
Market Manipulation: Violating laws, rules, or regulations concerning market integrity, including manipulative tactics like rug pulls, pumping and dumping, wash trading, etc.
Securities/Derivatives Violations: Violating applicable laws, rules, or regulations concerning securities or derivatives trading, including unregistered securities offerings or providing retail leverage/margin products where prohibited.
Stolen Property: Buying, selling, transferring stolen, fraudulently obtained, unauthorized, or illegal items.
Data Mining/Scraping: Data mining, robot, scraping, or similar data gathering methods from the Platform.
Objectionable Content: Soliciting minors, or content that is harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, hateful, discriminatory, or otherwise objectionable.
Other Unlawful Conduct: Violating any applicable laws or regulations of any relevant jurisdiction, including BVI/Switzerland law restrictions and requirements.
4.2 Trading
You agree and understand that: (a) all trades you submit through the PixelSwap Platform are considered unsolicited, initiated solely by you; (b) you have not received any investment advice from PixelSwap in connection with any trades; and (c) we do not conduct suitability reviews of trades you submit.
4.3 Non-Custodial and No Fiduciary Duties
The PixelSwap Platform is a non-custodial application, meaning we never have custody, possession, or control of your digital assets at any time. You are solely responsible for the custody of the cryptographic private keys to your digital asset wallets and you should never share your wallet credentials or seed phrase. We accept no responsibility or liability in connection with your wallet use and make no representations or warranties regarding how the Platform will operate with any specific wallet. You are solely responsible for any acts or omissions resulting in your wallet being compromised.
This Agreement does not create or impose any fiduciary duties on LayerPixel. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and any such duties that may exist at law or equity are hereby irrevocably disclaimed, waived, and eliminated. The only duties and obligations we owe you are those expressly set out in this Agreement.
5. DISCLAIMERS
5.1 ASSUMPTION OF RISK -- GENERALLY
BY ACCESSING AND USING PIXELSWAP, YOU REPRESENT THAT YOU ARE FINANCIALLY AND TECHNICALLY SOPHISTICATED ENOUGH TO UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS SUCH AS THE TON NETWORK, AND THAT YOU HAVE A WORKING KNOWLEDGE OF THE USAGE AND INTRICACIES OF DIGITAL ASSETS SUCH AS TONCOIN (TON), STABLECOINS, AND OTHER DIGITAL TOKENS ON THE TON NETWORK.
IN PARTICULAR, YOU UNDERSTAND THAT THE MARKETS FOR THESE DIGITAL ASSETS ARE NASCENT AND HIGHLY VOLATILE DUE TO RISK FACTORS INCLUDING, BUT NOT LIMITED TO, ADOPTION, SPECULATION, TECHNOLOGY, SECURITY, AND REGULATION. YOU UNDERSTAND THAT ANYONE CAN CREATE A TOKEN ON THE TON NETWORK, INCLUDING FAKE VERSIONS OF EXISTING TOKENS AND TOKENS THAT FALSELY CLAIM TO REPRESENT PROJECTS, AND ACKNOWLEDGE AND ACCEPT THE RISK THAT YOU MAY MISTAKENLY TRADE THOSE OR OTHER TOKENS. STABLECOINS MAY NOT BE AS STABLE AS THEY PURPORT TO BE, MAY NOT BE FULLY OR ADEQUATELY COLLATERALIZED, AND MAY BE SUBJECT TO PANICS AND RUNS. FURTHER, YOU UNDERSTAND THAT SMART CONTRACT TRANSACTIONS ON THE TON NETWORK AUTOMATICALLY EXECUTE AND SETTLE, AND THAT TRANSACTIONS ARE IRREVERSIBLE WHEN CONFIRMED. YOU ACKNOWLEDGE AND ACCEPT THAT THE COST AND SPEED OF TRANSACTING ON THE TON NETWORK ARE VARIABLE AND MAY INCREASE DRAMATICALLY AT ANY TIME. YOU FURTHER ACKNOWLEDGE AND ACCEPT THE RISK OF SELECTING TO TRADE IN EXPERT MODES, WHICH CAN EXPOSE YOU TO POTENTIALLY SIGNIFICANT PRICE SLIPPAGE AND HIGHER COSTS.
IF YOU ACT AS A LIQUIDITY PROVIDER TO PIXELSWAP, YOU UNDERSTAND THAT YOUR DIGITAL ASSETS MAY LOSE SOME OR ALL OF THEIR VALUE WHILE THEY ARE SUPPLIED TO THE LIQUIDITY POOLS DUE TO THE FLUCTUATION OF PRICES OF TOKENS IN A TRADING PAIR OR LIQUIDITY POOL.
IN SUMMARY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY OF THESE VARIABLES OR RISKS, DO NOT OWN OR CONTROL THE TON NETWORK OR LAYERPIXEL PROTOCOL, AND CANNOT BE HELD LIABLE FOR ANY RESULTING LOSSES THAT YOU EXPERIENCE WHILE ACCESSING OR USING PIXELSWAP. ACCORDINGLY, YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING PIXELSWAP TO INTERACT WITH THE LAYERPIXEL PROTOCOL.
5.2 NO WARRANTIES
PIXELSWAP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF PIXELSWAP IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO PIXELSWAP WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR SECURE; THAT THE INFORMATION CONTAINED IN PIXELSWAP WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR THAT PIXELSWAP WILL BE FREE FROM ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL ELEMENTS. NO ADVICE, INFORMATION, OR STATEMENT THAT WE MAKE SHOULD BE TREATED AS CREATING ANY WARRANTY CONCERNING PIXELSWAP.
SIMILARLY, THE LAYERPIXEL PROTOCOL IS PROVIDED "AS IS", AT YOUR OWN RISK, AND WITHOUT WARRANTIES OF ANY KIND. ALTHOUGH WE MAY HAVE CONTRIBUTED TO THE INITIAL CODE FOR THE LAYERPIXEL PROTOCOL, WE DO NOT PROVIDE, OWN, OR CONTROL THE PROTOCOL, WHICH IS RUN AUTONOMOUSLY BY SMART CONTRACTS DEPLOYED ON THE TON NETWORK. UPGRADES AND MODIFICATIONS TO THE LAYERPIXEL PROTOCOL ARE GENERALLY MANAGED IN A COMMUNITY-DRIVEN WAY. NO DEVELOPER OR ENTITY INVOLVED IN CREATING THE LAYERPIXEL PROTOCOL WILL BE LIABLE FOR ANY CLAIMS OR DAMAGES WHATSOEVER ASSOCIATED WITH YOUR USE, INABILITY TO USE, OR YOUR INTERACTION WITH OTHER USERS OF, THE LAYERPIXEL PROTOCOL, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, CRYPTOCURRENCIES, TOKENS, OR ANYTHING ELSE OF VALUE. ANY PAYMENTS OR FINANCIAL TRANSACTIONS THAT YOU ENGAGE IN WILL BE PROCESSED VIA AUTOMATED SMART CONTRACTS ON THE TON NETWORK. ONCE EXECUTED, WE HAVE NO CONTROL OVER THESE PAYMENTS OR TRANSACTIONS, NOR DO WE HAVE THE ABILITY TO REVERSE ANY PAYMENTS OR TRANSACTIONS.
5.3 NO INVESTMENT ADVICE
WE MAY PROVIDE INFORMATION ABOUT TOKENS IN PIXELSWAP SOURCED FROM THIRD-PARTY DATA PARTNERS THROUGH FEATURES SUCH AS RARITY SCORES, TOKEN EXPLORER OR TOKEN LISTS. WE MAY ALSO PROVIDE WARNING LABELS FOR CERTAIN TOKENS. THE PROVISION OF INFORMATIONAL MATERIALS DOES NOT MAKE TRADES IN THOSE TOKENS SOLICITED; WE ARE NOT ATTEMPTING TO INDUCE YOU TO MAKE ANY PURCHASE AS A RESULT OF INFORMATION PROVIDED. ALL SUCH INFORMATION PROVIDED BY PIXELSWAP IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS INVESTMENT ADVICE OR A RECOMMENDATION THAT A PARTICULAR TOKEN IS A SAFE OR SOUND INVESTMENT. YOU SHOULD NOT TAKE, OR REFRAIN FROM TAKING, ANY ACTION BASED ON ANY INFORMATION CONTAINED IN PIXELSWAP. BY PROVIDING TOKEN INFORMATION FOR YOUR CONVENIENCE, WE DO NOT MAKE ANY INVESTMENT RECOMMENDATIONS TO YOU OR OPINE ON THE MERITS OF ANY TRANSACTION OR OPPORTUNITY. YOU ALONE ARE RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY OR RELATED TRANSACTION IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES, AND RISK TOLERANCE.
6. Indemnification
You agree to hold harmless, release, defend, and indemnify PixelSwap, LayerPixel, and our respective officers, directors, employees, contractors, agents, service providers, licensors, and representatives (collectively, the "PixelSwap Parties") from and against all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or relating to: (a) your access and use of PixelSwap; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; (c) any other party's access and use of PixelSwap with your assistance or using any device or account that you own or control; and (d) any dispute between you and (i) any other user of PixelSwap or (ii) any of your own customers or users. We will provide notice to you of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting our defense of such matter. You may not settle or compromise any claim against any PixelSwap Party without our written consent.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE PIXELSWAP PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF OR INABILITY TO ACCESS OR USE PIXELSWAP, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF PIXELSWAP OR THE INFORMATION CONTAINED WITHIN IT, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF PIXELSWAP, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PIXELSWAP HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS OR USE OF PIXELSWAP; (C) UNAUTHORIZED ACCESS OR USE OF ANY SECURE SERVER OR DATABASE IN OUR CONTROL, OR THE USE OF ANY INFORMATION OR DATA STORED THEREIN; (D) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO PIXELSWAP; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH PIXELSWAP; (F) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, ANY CONTENT MADE AVAILABLE THROUGH PIXELSWAP; AND (G) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
WE HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES THAT MAY ARISE AS A RESULT OF ANY PAYMENTS OR TRANSACTIONS THAT YOU ENGAGE IN VIA PIXELSWAP, OR ANY OTHER PAYMENT OR TRANSACTIONS THAT YOU CONDUCT VIA PIXELSWAP. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, WE DO NOT PROVIDE REFUNDS FOR ANY PURCHASES THAT YOU MIGHT MAKE ON OR THROUGH PIXELSWAP.
WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT LINKED THIRD-PARTY SERVICES, THE THIRD PARTIES THEY ARE OWNED AND OPERATED BY, THE INFORMATION CONTAINED ON THEM, ASSETS AVAILABLE THROUGH THEM, OR THE SUITABILITY, PRIVACY, OR SECURITY OF THEIR PRODUCTS OR SERVICES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF THIRD-PARTY SERVICES, THIRD-PARTY WEBSITES, APPLICATIONS, OR RESOURCES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTIES AND ACCESSED THROUGH PIXELSWAP. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.
THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
8. Governing Law, Dispute Resolution and Class Action Waivers
8.1 Governing Law
You agree that the laws of BVI, without regard to principles of conflict of laws, govern this Agreement and any Dispute between you and us. You further agree that PixelSwap shall be deemed to be based solely in BVI, and that although PixelSwap may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside of BVI. The parties acknowledge that this Agreement evidences interstate commerce. Any arbitration conducted pursuant to this Agreement shall be governed by the BVI. You agree that the courts of BVI are the proper forum for any appeals of an arbitration award or for court proceedings in the event that this Agreement's binding arbitration clause is found to be unenforceable.
8.2 Dispute Resolution
We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to help@layerpixel.io so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren't able to reach an informal resolution within sixty days of your email, then you and we both agree to resolve the potential dispute according to the process set forth below.
Any claim or controversy arising out of or relating to PixelSwap, this Agreement, or any other acts or omissions for which you may contend that we are liable, including, but not limited to, any claim or controversy as to arbitrability ("Dispute"), shall be finally and exclusively settled by arbitration under the [insert relevant arbitration rules, e.g., JAMS, SIAC, etc.]. You understand that you are required to resolve all Disputes by binding arbitration. The arbitration shall be held on a confidential basis before a single arbitrator, who shall be selected pursuant to [insert relevant arbitration rules]. The arbitration will be held in BVI, unless you and we both agree to hold it elsewhere. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If for any reason a claim by law or equity must proceed in court rather than in arbitration, you agree to waive any right to a jury trial, and any claim may be brought only in the courts of BVI.
8.3 Class Action and Jury Trial Waiver
You must bring any and all Disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury.
9. Miscellaneous
9.1 Entire Agreement
These terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.
9.2 Assignment
You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement without our prior written consent shall be null and void. We may freely assign or transfer this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
9.3 Rewards
In connection with your historic or current use of PixelSwap, we may provide you certain incentives, prizes or rewards for completing certain activities, such as completing a certain number of transactions ("User Rewards"). Details regarding the criteria for earning a reward will be described within PixelSwap or official PixelSwap documentation. Upon satisfaction of the criteria for obtaining a reward and subject to your compliance with the associated rewards terms, this Agreement, and applicable law — to be determined exclusively by PixelSwap — we will use commercially reasonable efforts to promptly transfer the earned reward to the digital wallet that you designate or have connected to PixelSwap. We reserve the right to change, modify, discontinue or cancel any rewards programs (including the frequency and criteria for earning such User Rewards), at any time and without notice to you.
9.4 Not Registered with Any Regulatory Authority
We are not registered with any regulatory authority as a securities exchange or in any other capacity. You understand and acknowledge that we do not broker trading orders on your behalf. We also do not facilitate the execution or settlement of your trades, which occur entirely on the TON network. As a result, we do not (and cannot) guarantee market best pricing or best execution through PixelSwap or when using any routing features, which route trades across liquidity pools on the LayerPixel protocol only. Any references in PixelSwap to "best price" does not constitute a representation or warranty about pricing available through PixelSwap, on the LayerPixel protocol, or elsewhere.
9.5 Notice
We may provide any notice to you under this Agreement using commercially reasonable means, including using public communication channels. Notices we provide by using public communication channels will be effective upon posting.
9.6 Severability
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
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