These Terms of Service (the “Terms”) constitute a binding agreement between you and Cybertino Inc. (“Surf” or “us/our/we”) or our affiliates. These Terms govern your use of Surf’s website, web app, application programming interface, software, tools, developer services, data, documentation(the “Services”). These Terms include our Privacy Policy and any applicable usage policies, operational guidelines, or supplemental notices we may provide from time to time. The Services are licensed, not sold, and your use of them is subject to your full and unmodified acceptance of these Terms.

YOU INDICATE ACCEPTANCE OF THESE TERMS THROUGH YOUR CONTINUED USE OF THE SERVICES. YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, CEASE USE OF THE SERVICES.

SECTIONS BELOW INCLUDE AN ARBITRATION PROVISION AS WELL AS A CLASS ACTION WAIVER. YOU AGREE TO SETTLE ALL DISPUTES BY BINDING INDIVIDUAL ARBITRATION THROUGH AGREEING TO THESE TERMS OF USE, WHICH ENSURES YOU FORFEIT YOUR RIGHT TO HAVE THE CASE RESOLVED BY A JUDGE OR JURY, AS WELL AS ANY RIGHT TO ENGAGE IN COLLECTIVE ACTION, SUCH AS A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.

1. Registration and Account Access

To access the Services, you must register a Surf account, and you may be required to connect an existing wallet or create a wallet through a third-party service. You must ensure that all information you provide in connection with your account registration (the “Registration Data”) is true, accurate, complete, and up to date throughout your use of the Services.. If any Registration Data is found to be untrue, inaccurate, incomplete, or outdated, or if we have reasonable grounds to suspect such, we reserve the right to suspend or terminate your access to the Services and to refuse any current or future use of the Services.

You may not register an account using false information or on behalf of another person. You may only maintain one Surf account at any given time. If you have previously been removed or banned from using the Services, you may not register again without our express permission.

You acknowledge and agree that all rights to your account are owned by Surf, and you are granted a limited right to use the account solely in accordance with these Terms. Surf is a non-custodial service provider and does not hold your private keys or control your digital assets.

You are solely responsible for maintaining the confidentiality of your account credentials and wallet access information, and for all activities conducted through your account and connected wallet. If you suspect any unauthorized access or security breach, you must notify us immediately.

You are fully responsible for all activities that occur under your account and wallet. We reserve the right to suspend or terminate your account if we determine, at our sole discretion, that you have violated these Terms, compromised the integrity of the Services, or infringed upon the rights of others.

If you wish to delete your account, you may contact us for assistance. Please note that account deletion is irreversible, and you will lose access to all associated data and content.

2. Use Requirements

a. License to Use the Services Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Services. You may only use the Services as permitted by applicable laws. All rights, title, and interest in the Services—including interface design, source code, algorithms, models, content, and systems—are owned by Surf and its affiliates.

b. Feedback We welcome suggestions, ideas, and feedback. You understand and agree that we may use such input freely and without obligation to compensate you.

c. Prohibited Conduct You agree not to:

• Infringe upon the privacy, intellectual property, or other rights of third parties.
• Decompile, reverse engineer, probe, or interfere with the operation of the Services.
• Use the Services to create competing models or products.
• Use automated tools (e.g., crawlers or scrapers) to extract data or content.
• Misrepresent how content is generated or circumvent platform usage policies.
• Use the Services for unauthorized commercial purposes or sublicense them to others.
• Submit data that is subject to special protection or considered highly sensitive.

You agree to comply with usage frequency limits and other access rules as outlined in our documentation.You must not use VPNs, proxies, automation scripts, or other methods to circumvent platform access restrictions. If we detect attempts to bypass geo-blocking, conceal your true access location, or if you are in a restricted jurisdiction including but not limited to regions sanctioned by the U.S. government, EU, or the United Nations, we reserve the right to suspend your access immediately.

You may not use the Services for any unlawful, regulatory-evasive, or market-disruptive activities, including but not limited to money laundering, terrorist financing, or sanctions evasion.

d. Third-Party Services We may support the execution of on-chain operations through third-party platforms or wallet providers. If you choose to use such services, you are solely responsible for complying with their terms and policies. We assume no responsibility for the products, reliability, or conduct of these third-party services. We are not responsible for the legality, accuracy, or availability of any third-party websites or content.

You acknowledge and agree that when using Surf to execute on-chain operations, you authorize us to interact with third-party protocols on your behalf. We do not hold your funds or private keys. You are solely responsible for the security of your wallet and assets. We are not responsible for the outcome, asset flows, or potential failures related to such operations.

3. Content Policy

You may submit information to the Services (“Input”), and receive content generated by the Services in response (“Output”). Together, these are referred to as “Content”.

a. Use and Restrictions of Output Subject to your compliance with these Terms, you may use the Output for personal or non-commercial purposes. If you wish to use the Output for any commercial purpose, you must obtain our prior written consent. You are solely responsible for evaluating the accuracy, legality, and suitability of the Output for your specific use cases.

You understand and agree that:

• The Output may be generated automatically and may contain inaccurate, misleading, or biased information.
• We make no warranties regarding the accuracy, completeness, legality, or suitability of the Output.
• We may, at our sole discretion, remove or restrict access to any Content, especially if it violates these Terms, our policies, or is suspected of misconduct.
• You may not use any Content for unlawful or harmful purposes, including but not limited to infringing the rights of others, distributing harmful content, or violating export control or other applicable laws.

b. License to Input You understand and agree that, to provide and improve the Services, we may access, use, process, and store your Input on a worldwide, royalty-free basis. This license remains in effect for the duration of your use of the Services.

c. Content Restrictions You may not upload, distribute, or generate Content that:

• Violates applicable laws and regulations.
• Is false, misleading, or fraudulent.
• Infringes upon third-party rights (including intellectual property or privacy);
• Contains discriminatory, harassing, violent, sexual, or otherwise inappropriate material.
• Includes malicious code or software designed to compromise security.

We reserve the right to remove any Content that violates the above or to suspend access to your account.

You are solely responsible for the Content you submit or generate and must ensure it does not infringe any third-party rights or violate applicable laws or policies.

d. Content Retention and Deletion We do not guarantee permanent retention of any Content. If you delete your account or if we terminate your access to the Services, any related Content may be permanently deleted without notice. You are responsible for backing up important information. You assume full responsibility for the legality, autonomy, and consequences of any Content you publish.

4. Fees and Payments

a. Fees We may charge fees for certain Services or features, as specified on our official pricing page or as otherwise agreed between the parties. By using paid Services, you agree to pay all applicable fees in full and on time. If payment fails, we reserve the right to suspend or terminate your access to the affected Services. Except as required by law, all paid fees are non-refundable.

b. Taxes Unless otherwise stated, all fees are exclusive of applicable taxes. You are solely responsible for reporting and paying any taxes arising from your use of the Services.

c. Pricing and Terms Changes We reserve the right to change our pricing, billing models, or payment terms at any time. Unless otherwise specified, all changes take effect upon posting.

d. Auto-Renewal and CancellationFor subscription-based Services, you agree that we may automatically charge your designated payment method at the then-current price at the end of each billing cycle (e.g., monthly or annually) until you cancel your subscription. If we change the subscription price, your continued use of the Services after the effective date of the new price will constitute your acceptance of the updated price. You may cancel your subscription at any time via your account settings. Fees already paid are non-refundable, and your subscription will remain active until the end of the current billing cycle. No automatic renewal will occur after cancellation.

e. Billing Disputes and Late Payments If you have a dispute regarding a bill, you must notify us in writing within 30 days from the billing date. Failure to do so will be deemed acceptance of the charge. Late payments may incur interest or late fees, and we may suspend or restrict your account or certain features until the outstanding balance is paid in full.

5. Risk Disclosure

Your use of the Services involves certain inherent risks, including but not limited to:

• The prices of blockchain assets may fluctuate significantly and could result in substantial financial losses.
• Vulnerabilities in smart contracts, system errors, third-party service failures, or malicious attacks may lead to irreversible asset loss;
• Changes in legal or regulatory environments may impact the availability, legality, or classification of the Services or your assets.
• Once a blockchain transaction is confirmed, it is typically irreversible, and you bear full responsibility for any resulting asset loss.

We make no warranties, express or implied, regarding the availability, accuracy, or fitness of the Services for your particular purposes. We do not provide any financial, legal, tax, or regulatory advice.

Some outputs generated by the Services may be produced by AI systems and could contain incomplete, inaccurate, or biased information. You should use your own judgment to evaluate the relevance and reliability of any content, and assume full responsibility for any risks or consequences that may arise.

6. Disclaimer and Limitation of Liability

a. Indemnification You agree to indemnify and hold harmless Surf, its affiliates, and its personnel from any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your content; or (iv) your infringement of any third-party rights.

b. Disclaimer of Warranties The Services are provided “as is” and “as available,” without warranties of any kind—either express or implied—including warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted availability. We make no guarantees that the Services will be secure, accurate, or reliable.

c. Limitation of Liability To the fullest extent permitted by law, Surf and its affiliates shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, business interruption, data loss, or reputational harm. Our total liability under these Terms shall not exceed the greater of: (i) the total fees you paid to us in the six (6) months prior to the event giving rise to the claim, or (ii) one hundred (100) U.S. dollars.

d. Beta Services Some features of the Services may be released as beta or experimental versions. You understand that such features may be incomplete, unstable, or discontinued at any time. We are not responsible for any losses, errors, or service disruptions caused by your use of beta features.

7. Dispute Resolution

a. Mandatory Arbitration Any dispute between you and us shall be submitted to final and binding arbitration in the State of California, United States.

b. Prior Negotiation Before initiating any legal proceedings, both parties agree to attempt to resolve the dispute through good faith email negotiations. If no resolution is reached within 60 days, either party may initiate arbitration.

c. Arbitration Procedure Arbitration may be conducted via telephone, written submissions, video conference, or in-person meetings. The arbitration award shall be final and binding.

d. Exceptions and Exemptions This arbitration clause does not apply to disputes eligible for small claims court or claims seeking injunctive or equitable relief.

e. Class Action Waiver All disputes must be brought in an individual capacity only. You agree not to participate in any class action, class arbitration, or consolidated claims involving other users.

8. Other Terms

a. Governing Law These Terms are governed by the laws of the State of California, United States, without regard to its conflict of law principles.

b. Relationship Between Parties Nothing in these Terms shall be construed as creating a partnership, agency, joint venture, or employment relationship. Both parties remain independent contractors.

c. Severability and Entire Agreement If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. These Terms constitute the entire agreement between you and us regarding the Services.

d. Changes to the Terms We reserve the right to update these Terms at any time. Updated versions will be published on our website. By continuing to use the Services after the changes take effect, you agree to the revised Terms.

e. Notices and Communications We may send you service updates, promotional materials, or legal notices via email or in-app notifications. You may opt out of non-essential communications at any time.

f. Export and Sanctions Compliance You may not use the Services in or for the benefit of any country or region subject to U.S. export controls or sanctions. You confirm that you are not listed on any embargoed or restricted parties list and will comply with all applicable export control laws and regulations.

g. No Waiver Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other rights we may have.