Terms of Service

10102 LLC, a Florida limited liability company (“10102,” “Company,” “we,” “us,” or “our”), offers its services, as outlined below, and related content through its website(s) located at https://app.10102.io or any other websites operated by 10102, including any subdomains of each website (collectively, the “Website”), as well as through applications and related technologies, including any updates, enhancements, or new features or functionality (collectively referred to as the “Services”).

Access to and use of the Services are governed by the terms and conditions set forth in these Terms of Service (referred to herein as the “Terms of Service” or “Terms,” as updated periodically). By using, browsing, or accessing the Website or any part of the Services, you confirm that you have read, understand, and agree to comply with these Terms of Service and the Privacy Policy. If you do not accept these Terms of Service and Privacy Policy, you are prohibited from accessing, browsing, or otherwise using the Services.

These Terms govern: (i) your use of (including any access to) the Website; (ii) interfaces, graphics, design, environment, compilation, information, data, computer code (including source code or object code), software, services, and all other materials and elements that 10102 makes available for use through the Website; (iii) all visual, audio, interactive, or other content available in, or in connection with, any of the foregoing; (iv) other services available via the Website or made available by 10102; (v) technology, software, networks (including third-party networks), and systems used to implement and provide access to the foregoing; and (vi) updates, upgrades, enhancements, modifications, revisions, additions to, or new versions of the foregoing that 10102 makes available to you (together with subsections (i) to (vi), individually and collectively, in any format or media now known or hereafter developed, the “Services”).

Privacy Policy

For detailed information, please review our Privacy Policy (available here). By using the Services, you agree to the collection, use, and disclosure of your personal and other data as described in the Privacy Policy.

PLEASE NOTE: These Terms of Service include an Agreement to Arbitrate and other important provisions regarding your legal rights, obligations, and remedies. By agreeing to these Terms, you:

1. Consent to resolve disputes with 10102 through binding arbitration, with limited exceptions.
2. Waive the right to participate in class or representative actions, agreeing instead to bring claims solely on an individual basis.
3. Acknowledge that disputes will not be resolved by a jury or in a court of law.

For more detailed information, please refer to Section 13 below.

IF YOU FIND ANY PROVISION OF THESE TERMS, OR ANY FUTURE CHANGES OR AMENDMENTS, UNACCEPTABLE, DO NOT USE OR CONTINUE TO USE THE WEBSITE OR THE SERVICES. YOUR CONTINUED USE AFTER ANY NOTICE OF CHANGES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THE MODIFIED TERMS.

BY ACCESSING OR USING THE WEBSITE OR SERVICES (INCLUDING ANY PRODUCT), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS, INCLUDING ANY ADDITIONAL TERMS (AS DEFINED BELOW). IF YOU DO NOT AGREE OR ARE NOT ELIGIBLE TO AGREE, YOU MAY NOT USE OR PURCHASE ANY PRODUCT OR SERVICES.

THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION PROVISION THAT REQUIRES INDIVIDUAL ARBITRATION OF DISPUTES AND WAIVES YOUR RIGHT TO PARTICIPATE IN LAWSUITS, CLASS ACTIONS, OR CLASS-WIDE ARBITRATION. FOR DETAILS, PLEASE REVIEW THE “ARBITRATION” SECTION 13 BELOW.

We reserve the right to modify these Terms from time to time by notifying you of such changes by any reasonable means, including by posting a revised set of Terms through the Website and the Services, as applicable. Your use of the Website and Services following any changes to these Terms will constitute your acceptance of such changes. If you do not agree to any change to these Terms, you must discontinue using the Services before such change goes into effect. The “Last Updated” date referenced above indicates when these Terms were last changed. We encourage you to check the Website and Services regularly to learn about changes to these Terms. We may, at any time and without liability, modify or discontinue all or part of the Services (including access to any part of the Services via any third-party links); change, modify, or waive any fees required to use any part of the Services, including any subscription fees; or offer opportunities to some or all Service Users.

1. USE OF THE SERVICES

The Services, and the information and content available on them, are protected by applicable intellectual property laws. Unless subject to a separate license between you and Company, your right to use any and all Services is subject to the Agreement.

1.1. DISCLAIMER.

(a) COMPANY IS NOT A LAW FIRM AND NEITHER THE COMPANY NOR ANY OF THE SERVICES PROVIDES LEGAL OR ESTATE PLANNING ADVICE. THE SERVICES ARE NOT A SUBSTITUTE FOR THE USE OR ADVICE OF AN ATTORNEY OR ESTATE PLANNING PROFESSIONAL. THE LAW CHANGES RAPIDLY AND IS DIFFERENT FROM JURISDICTION TO JURISDICTION, AND MAY BE SUBJECT TO INTERPRETATION BY DIFFERENT COURTS. IF YOU NEED LEGAL ADVICE FOR ANY SPECIFIC MATTERS, INCLUDING ANY CONTENT SUBMITTED BY YOU INTO THE SERVICES, YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION.

(b) NO ATTORNEY-CLIENT RELATIONSHIP OR ANY OTHER SPECIAL RELATIONSHIP IS CREATED THROUGH THE USE OF THE SERVICES. ANY AND ALL COMMUNICATIONS BETWEEN YOU AND COMPANY, AND ANY INFORMATION YOU PROVIDE TO COMPANY, ARE PROTECTED BY OUR PRIVACY POLICY BUT NOT BY ATTORNEY-CLIENT PRIVILEGE OR AS WORK PRODUCT.

(c) WE DO NOT REVIEW THE CONTENT OR INFORMATION YOU SUBMIT INTO THE SERVICES FOR ACCURACY OR LEGAL SUFFICIENCY, DRAW LEGAL CONCLUSIONS, PROVIDE LEGAL ADVICE, OR APPLY ANY LAWS TO YOUR PARTICULAR SITUATION.

(d) THE SERVICES ARE TECHNOLOGICAL INFRASTRUCTURE ONLY AND DO NOT CREATE A LEGALLY BINDING WILL OR ESTATE PLAN. THE SMART CONTRACT FUNCTIONALITY PROVIDED THROUGH THE SERVICES IS NOT A SUBSTITUTE FOR A PROPERLY EXECUTED LEGAL WILL OR TESTAMENT AND MAY NOT BE RECOGNIZED AS SUCH BY ANY COURT OR LEGAL AUTHORITY. THE SERVICES ARE MERELY SOFTWARE TOOLS THAT FACILITATE THE AUTOMATED TRANSFER OF DIGITAL ASSETS BASED ON USER-DEFINED PARAMETERS.

(e) COMPANY IS NOT A FINANCIAL INTERMEDIARY, CUSTODIAN, TRUSTEE, OR FIDUCIARY. THE SERVICES OPERATE AS NON-CUSTODIAL SOFTWARE INFRASTRUCTURE THAT ENABLES USERS TO CONFIGURE AUTOMATED SMART CONTRACT EXECUTIONS. COMPANY DOES NOT HOLD, CONTROL, OR HAVE ACCESS TO ANY USER FUNDS OR DIGITAL ASSETS AT ANY TIME.

(f) THE SERVICES DO NOT CREATE ANY FORM OF LEGALLY BINDING TRUST, ESTATE PLAN, OR TESTAMENTARY INSTRUMENT. USERS SHOULD CONSULT WITH QUALIFIED LEGAL PROFESSIONALS TO ESTABLISH PROPER ESTATE PLANNING DOCUMENTS THAT MEET THE REQUIREMENTS OF THEIR JURISDICTION. THE AUTOMATED ASSET TRANSFER CAPABILITIES PROVIDED BY THE SERVICES SHOULD NOT BE RELIED UPON AS A PRIMARY OR SOLE MEANS OF ESTATE PLANNING.

1.2. ELIGIBILITY

You must be at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) if you are under the age of 18, you have received permission from your parent or legal guardian to use the Services (including any Product) and your parent or legal guardian has reviewed and approved these Terms; (c) you are and will continue to be capable of entering into a legally binding contract; (d) you have not previously been suspended or removed from the Services, and (e) your registration and your use of the Services is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms, and you agree to be bound by these Terms.

1.3. Company Software LICENSE

Use of any software and associated documentation that is made available via the Services (“Software”) is governed by the Agreement. Subject to your compliance with the Agreement, Company grants you a non-assignable, non-transferable, non-sublicensable, revocable, non-exclusive right to access and use the Software for the sole purpose of enabling you to use the Services in the manner permitted by the Agreement for your own personal use. Some Software may be offered under open source licenses. There may be provisions in the open source licenses, if any, that expressly override some of these terms.

1.4. Updates

You understand that the Services are evolving. You acknowledge and agree that Company may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services. Any future release, update or other addition to the Services shall be subject to this Agreement.

1.5. Certain Restrictions

The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit any of the Services; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other parts of the Services (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using Company’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any future release, update or other addition to the Services shall be subject to the Agreement. Company, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of the Services terminates the licenses and use rights granted by Company pursuant to the Agreement.

1.6. Notifications

You understand and agree that the Services are designed to provide certain individuals (“Beneficiaries”) designated by you within the smart contract with access to digital assets upon detection of inactivity through our heartbeat mechanism. The heartbeat mechanism monitors wallet activity and triggers predetermined actions after a specified period of inactivity (“Trigger Event”). You acknowledge and agree that: (a) you are solely responsible for the accuracy and completeness of all information regarding your Beneficiaries and digital assets that are configured in the smart contracts; (b) you will obtain all necessary consents from Beneficiaries before designating them in any will contract; (c) you understand that the Services will automatically execute the predetermined distribution or access rights to your designated Beneficiaries upon a Trigger Event; (d) the Services operate autonomously through smart contracts on the Ethereum blockchain, and the Company cannot reverse or modify any transfers or permissions once executed; and (e) the Company will not be responsible for any consequences arising from (without limitation):

1. Incorrect or outdated Beneficiary information
2. Failure to obtain required consents from Beneficiaries

• False positive or false negative Trigger Events

1. Technical limitations or failures of the blockchain network
2. Smart contract vulnerabilities or exploits
3. Actions taken by Beneficiaries after gaining access

If you are designating a wallet as the source of assets, you acknowledge that Beneficiaries will receive full wallet permissions upon the Trigger Event. If you are using the forwarding will type, you acknowledge that assets will be automatically transferred according to your specified percentages.

2. WALLET CONNECTION AND AUTHENTICATION

2.1. Connecting Your Wallet

To access and use the Services, you must connect a compatible cryptocurrency wallet. Compatible wallets include MetaMask, WalletConnect, Ledger, Trezor, Rainbow, and Coinbase Wallet (“Supported Wallets”). By connecting your wallet, you become an authenticated user (“User”).

2.2. Authentication Data

In connecting your wallet, you agree to: (a) provide and maintain a valid Ethereum address through a Supported Wallet (b) maintain control and security of your private keys and wallet access (c) ensure all provided profile information (if any) is true, accurate, and current. You represent that you are: (i) at least eighteen (18) years old (ii) of legal age to form a binding contract (iii) not barred from using the Services under the laws of the United States, your place of residence, or any other applicable jurisdiction

2.3. Wallet Security and Responsibilities

You are responsible for: (a) all activities that occur through your connected wallet; (b) maintaining the security of your private keys and wallet access; (c) any unauthorized use of your wallet; (d) notifying the Company immediately of any security breach or unauthorized access; and (e) disconnecting your wallet after each session.

You agree not to: (a) connect a wallet you do not control or own; (b) use the Services if you have been previously banned; and (c) attempt to circumvent any restrictions through multiple wallets.

2.4. Technical Requirements

You must: (a) use a Supported Wallet that is properly configured for the Ethereum network; (b) maintain sufficient ETH for transaction fees; (c) provide all devices and software necessary to access the Services; and (d) pay any fees, including network fees and gas costs, incurred when using the Services.

3. CONTENT

3.1. Responsibility for Content

You acknowledge that all content on or made available through the Service, wallet addresses, beneficiary information, and smart contract parameters submitted through the Services are your sole responsibility (“Your Content”). This includes accuracy of beneficiary addresses, allocation percentages, and trigger conditions.

You acknowledge that all content on or made available through the Services is the sole responsibility of the party from whom such content originated or by whom it is generated. This means that you, and not Company, are entirely responsible for all content that you upload, post, message, text, e-mail, transmit or otherwise make available or generate through the Services.

3.2. Smart Contract Execution

You acknowledge that smart contract execution is autonomous and irreversible. Company has no control over blockchain operations or execution outcomes. All contract interactions are provided “as is” with no warranties of any kind regarding execution success, timing, or outcome. Further, you acknowledge and understand that: (a) Company cannot guarantee successful asset transfers; (b) network fees and conditions may affect execution; (c) smart contracts operate independently once deployed; and (d) Company cannot reverse or modify executed transactions.

3.3. ETHEREUM BLOCKCHAIN RISKS

The Services and smart contracts are built on and dependent upon the Ethereum blockchain network, whose operational risks, including but not limited to network congestion, high transaction fees, delayed processing times, protocol updates, network forks, or technical failures, may impact the functionality and reliability of the Services. Users acknowledge that Ethereum network interruptions, downtime, or changes could prevent access to digital assets, delay contract execution, or impact heartbeat monitoring capabilities. Company has no control over the Ethereum network and shall not be liable for any losses, damages, or disruptions resulting from blockchain network-related issues.

3.4. SAFE Wallet Integration and Terms

Company integrates with Safe Wallet infrastructure to provide wallet services; however, the Company is not responsible for Safe Wallet’s operations or its independent functionalities. By using the wallet, you acknowledge and agree to the following:

(a) Safe Wallet Terms Apply: All wallet operations are governed by the Terms of Service and Privacy Policy of Safe Wallet. By using the wallet, you must accept Safe Wallet’s Terms of Service, available at https://app.safe.global/terms, and their Privacy Policy, available at https://app.safe.global/privacy. These terms outline your rights, responsibilities, and how your data will be managed.

(b) No Override of Security: The Company has no ability to override or modify the security measures implemented by Safe Wallet. All wallet operations, including access controls and transaction protocols, are managed solely by Safe Wallet’s infrastructure.

(c) Impact of Safe Wallet Updates: Updates or changes made by Safe Wallet to its platform, infrastructure, or functionality may impact the wallet’s operation or features. The Company is not responsible for any disruptions or changes resulting from such updates.

We encourage users to familiarize themselves with Safe Wallet’s terms and policies to fully understand the scope of the wallet services and any associated limitations or responsibilities.

3.5. Restrictions and Responsibility for Use.

You shall comply with all terms regarding smart contract interactions and digital asset transfers. You are solely responsible for all beneficiary designations, asset allocations, and trigger conditions. The following are examples of the kinds of content and/or uses that are illegal or prohibited by Company. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this provision, including removing the offending content from the Services, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You shall not engage in any malicious or unauthorized manipulation of the platform’s smart contracts, including deploying exploits, attempting to manipulate contract execution, interfering with heartbeat mechanisms, or circumventing security measures. The platform’s integrity depends on honest interaction with its smart contracts and security protocols. With respect to digital assets, you are prohibited from transferring stolen or fraudulent assets, configuring transfers that violate sanctions, using the service for money laundering, or facilitating terrorist financing. All assets must be legally owned and compliant with applicable regulations.

The platform requires accurate identity and access management. You must not submit false beneficiary information, impersonate other users or entities, share private keys or security credentials, or misrepresent ownership of assets. Maintaining the integrity of identity and access controls is essential for secure inheritance execution.

Jurisdictional compliance is mandatory. You shall not use the service in prohibited jurisdictions, attempt to evade geographic restrictions, violate local inheritance laws, or bypass regulatory requirements. The platform must operate within all applicable legal frameworks governing digital asset inheritance.

Technical interference with the platform is strictly prohibited. Users shall not interfere with platform operations, deploy unauthorized smart contracts, conduct unauthorized data collection, or attempt to reverse engineer protocols. The platform’s technical infrastructure must remain secure and uncompromised.

The service shall not be used for unauthorized financial activities, including debt collection, operating as a money services business, processing unauthorized payments, or facilitating gambling operations. All financial interactions must comply with applicable laws and regulations governing digital asset transfers.

3.6. Storage and Content.

Company has no responsibility for Your Content, including its accuracy, transmission, or storage. Company reserves the right to set reasonable limits on storage space, file size, processing capacity, and other technical parameters as specified in the Services documentation or as determined by Company. By using the Services, you acknowledge that any assets, keys, or other content managed through the smart contracts are stored on the blockchain network and not by Company. Company has no ability to access, control, or recover any digital assets or private keys managed through the Services.

4.1. Services.

The Services comprise both proprietary and open source components. The smart contract code for the inheritance and forwarding functionality is open source and governed by its applicable license. Company owns all rights to proprietary elements of the Services including but not limited to the user interface, documentation, and branding. You agree not to remove or alter any copyright or other proprietary notices.

4.2. Trademarks.

Company’s name and all related stylizations, graphics, logos, service marks and trade names used on or in connection with any Services are the trademarks of Company and may not be used without permission in connection with your, or any third party, products or services. Third party trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.

4.3. Your Content AND DIGITAL ASSETS.

You retain all ownership rights to Your Content and digital assets. By using the Services, you represent that you have all necessary rights to any content or assets you manage through the Services. You grant Company a limited license to display and process Your Content solely as needed to provide the Services. Company has no rights or control over any digital assets or cryptocurrency managed through the smart contracts.

4.4. Feedback.

You grant Company a limited license to use any feedback or suggestions you provide about the Services solely for improving and operating the Services. Company has no rights to your digital assets or cryptocurrency holdings.

5. USER CONDUCT.

As a condition of use, you agree not to use the Services for any purpose prohibited by this Agreement or applicable law. You shall not (and shall not permit any third party to) take any action or submit content that: (i) infringes intellectual property rights, privacy rights, or other rights; (ii) is unlawful, threatening, abusive, harassing, defamatory, fraudulent, or offensive; (iii) constitutes unauthorized advertising or commercial activities; (iv) impersonates others; (v) interferes with the Services’ functionality; (vi) attempts to harm the Services through malicious code, unauthorized access, overloading, or other attacks; or (vii) disrupts or manipulates the smart contract functionality. Any violation may result in immediate termination of your access to the Services.

6. FEES AND TERMS.

6.1. ServiceS.

The purpose of the Agreement is for you to secure access to the Services. The Agreement provides access to blockchain-based smart contract services for digital asset inheritance and transfers. The Services consist of open-source smart contracts and a user interface to interact with them, and does not currently charge fees associated with the Services.

6.2. Taxes.

For fees charged, if any, you are responsible for applicable taxes, including sales, use, or value-added taxes. If Company must collect taxes, these will be added to fees. You agree to provide tax receipts upon request.

6.3. Withholding Taxes.

Payments, if any, to Company shall be free of withholding taxes. If such taxes are required by law, you are responsible for them and will provide proof of payment upon request.

6.4. Advertising Revenue.

Company reserves the right to display Third-Party Ads on the Services, and you acknowledge and agree that Company has no obligation to you in connection therewith (including, without limitation, any obligation to share revenue received by Company as a result of such advertising).

7. Indemnification.

You agree to indemnify and hold Company and its affiliates, officers, employees, and agents harmless from losses and expenses (including attorneys’ fees) arising from: (a) your use of the Services, including any digital assets managed through the smart contracts; (b) your violation of these Terms; (c) your violation of laws or others’ rights; (d) unauthorized access through your Account; or (e) activities related to the failure or improper execution of any will or asset transfer. Company may assume its own defense at its cost. This indemnification survives termination of your Account or access to the Services. This does not require indemnification for Company’s fraudulent or deceptive practices.

8. DISCLAIMER OF WARRANTIES AND CONDITIONS.

8.1. SERVICES PROVIDED “As Is.”

YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY: (a) COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THE SMART CONTRACTS WILL EXECUTE AS INTENDED; DIGITAL ASSETS WILL BE SECURELY TRANSFERRED; OR THE HEARTBEAT MECHANISM WILL ACCURATELY DETECT INACTIVITY. (b) YOU ACCESS AND USE THE SERVICES, INCLUDING ANY SMART CONTRACTS, AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OF DIGITAL ASSETS, INCORRECTLY CONFIGURED INHERITANCE SETTINGS, UNAUTHORIZED ACCESS TO YOUR WALLET, SMART CONTRACT VULNERABILITIES OR FAILURES, AND ANY OTHER DAMAGES ARISING FROM USE OF THE SERVICES. (c) NO ADVICE FROM COMPANY CREATES ANY WARRANTY. THE SERVICES MAY EXPERIENCE DELAYS, CANCELLATIONS AND DISRUPTIONS.

8.2. No Liability for Third Party Services or Conduct of Third Parties.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD COMPANY PARTIES LIABLE, FOR ANY THIRD PARTY SERVICES MADE AVAILABLE TO YOU VIA THE SERVICES NOR FOR THE CONDUCT OF THIRD PARTIES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTY SERVICES AND THIRD PARTIES RESTS ENTIRELY WITH YOU.

8.3. Third-Party Materials.

As a part of the Services, you may have access to materials that are hosted by another party. You agree that it is impossible for Company to monitor such materials and that you access these materials at your own risk.

9. LIMITATION OF LIABILITY.

9.1. Disclaimer of Certain Damages.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF USE, SERVICES OBTAINED FROM, OR TRANSACTIONS ENTERED INTO WITH, THIRD PARTIES IN CONNECTION WITH THE SERVICES, A THIRD PARTY’S ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS TO OR FROM THE SERVICES, IN EACH CASE WHETHER OR NOT ANY COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

9.2. Cap on Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN (A) THE TOTAL AMOUNT PAID TO COMPANY BY YOU DURING THE THREE(3)-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

9.3. User Content AND TRANSACTIONS.

COMPANY IS NOT RESPONSIBLE FOR BLOCKCHAIN TRANSACTIONS, SMART CONTRACT EXECUTION, OR THE STORAGE OF DIGITAL ASSETS. ALL TRANSACTIONS AND ASSET TRANSFERS ARE EXECUTED ON THE BLOCKCHAIN AND CANNOT BE REVERSED BY COMPANY. Company may monitor Service usage and smart contract interactions for security but has no obligation to pre-screen content or transactions. Company may remove content, suspend access, or take legal action for violations of these Terms.

9.4. Exclusion of Damages.

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

10. NO OBLIGATION TO PRE-SCREEN CONTENT, MONITORING AND ENFORCEMENT.

(a) Company, may, but has no obligation to, investigate, monitor, pre- screen, remove, refuse or review Your Content. You hereby provide your irrevocable consent to Company’s monitoring of Your Content. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content to or from the Services.

(b) Without limiting the foregoing, Company reserves the right to: (i) remove or refuse to post any of Your Content for any or no reason in our sole discretion; (ii) take any action with respect to any of your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates the Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Company; (iii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and/or (v) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement. Upon determination of any possible violations by you of any provision of this Agreement, Company, may, at its sole discretion immediately terminate your license to use the Services, or remove Your Content, in whole or in part, without prior notice to you.

(c) If Company believes that criminal activity has occurred, Company reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Company is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including Your Content, in Company’s possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Company, its registered Users or the public, and all enforcement or other government officials, as Company in its sole discretion believes to be necessary or appropriate.

11. TERM AND TERMINATION.

11.1. Term.

The Agreement commences on the date when you accept it (as described in the preamble above) and remains in full force and effect while you use the Services, unless terminated earlier in accordance with the Agreement.

11.2. Prior Use.

Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used the Services or (b) the date you accepted the Agreement, and will remain in full force and effect while you use any Services, unless earlier terminated in accordance with the Agreement.

11.3. Termination of Services by Company.

Company may immediately suspend or terminate Services if: (i) you breach these Terms; (ii) your activity creates security risks; (iii) your usage jeopardizes the smart contract functionality; or (iv) required by law. Company shall not be liable for terminations made in its discretion. Upon termination, any pending asset transfers or inheritance settings will remain on the blockchain but you may no longer access the interface.

11.4. Termination of Services by You.

If you would like to terminate the Services provided by Company, you may do so by (a) notifying Company at any time or (b) closing your Account for all of the Services that you use. Your notice should be sent via email to info@10102.io.

11.5. Effect of Termination.

Termination of any Services includes removal of access to such Services and barring of further use of the Services. Termination of all Services may also include deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content, in accordance with our Privacy Policy. Upon termination of any Services, your right to use such Services will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Company will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of the Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

11.6. No Subsequent Registration.

If your registration(s) with, or ability to access, the Services or any other Company community, is discontinued by Company due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Services or any Company community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Company reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

12. THIRD-PARTY SERVICES.

12.1. Third-Party Websites, Applications and Ads.

The Services may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Company. Company is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. Company provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, the Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, Third-Party Applications, or Third-Party Ads, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Please read this section (the “Arbitration Agreement”) carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

13.1 Applicability of Arbitration Agreement.

Subject to the terms of this Arbitration Agreement, you and Company agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services or this Agreement and prior versions of this Agreement, including claims and disputes that arose between you and us before the effective date of this Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (i) you and Company may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement.

13.2. Informal Dispute Resolution.

There might be instances when a Dispute arises between you and Company. If that occurs, Company is committed to working with you to reach a reasonable resolution. You and Company agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (“Informal Dispute Resolution”). You and Company therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Company that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to info@10102.io or regular mail to our offices located at 20900 NE 30th Ave, Miami, FL 33180, United States. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

13.3. Waiver of Jury Trial.

YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 13.1 (Applicability of Arbitration Agreement). There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

13.4. Waiver of Class and Other Non-Individualized Relief.

YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Company agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Florida. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or Company from participating in a class-wide settlement of claims.

13.5. JAMS ARBITRATION.

YOU AGREE THAT ANY ARBITRATION WILL BE ADMINISTERED BY JUDICIAL ARBITRATION & MEDIATION SERVICES, INC. (“JAMS”), PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES & PROCEDURES (THE “JAMS RULES”), WHICH ARE AVAILABLE AT https://www.jamsadr.com/rules-comprehensive-arbitration/, PROVIDED, HOWEVER, THAT THE JAMS RULES SHALL NOT CONTRADICT OR OTHERWISE ALTER THE TERMS OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE BELOW COST SHARING PROVISION. THE ARBITRATION SHALL BE BEFORE A SINGLE ARBITRATOR WHO SHALL BE A FORMER FEDERAL OR STATE COURT JUDGE. THE ARBITRATION SHALL APPLY THE FEDERAL RULES OF CIVIL PROCEDURE, EXCEPT TO THE EXTENT SUCH RULES CONFLICT WITH THE JAMS RULES. YOU UNDERSTAND THAT THE PARTIES TO THE ARBITRATION SHALL EACH PAY AN EQUAL SHARE OF THE COSTS AND EXPENSES OF SUCH ARBITRATION (“ARBITRATION COSTS”), EXCEPT AS PROHIBITED BY LAW, AND UNDERSTAND THAT EACH PARTY SHALL SEPARATELY PAY FOR ITS RESPECTIVE ATTORNEYS’ FEES AND COSTS. IN THE EVENT THAT JAMS FAILS, REFUSES, OR OTHERWISE DOES NOT ENFORCE THE AFOREMENTIONED ARBITRATION COST SHARING PROVISION, EITHER PARTY MAY COMMENCE AN ACTION TO RECOVER SUCH AMOUNTS AGAINST THE NON-PAYING PARTY IN ANY COURT AND THE NON-PAYING PARTY SHALL REIMBURSE THE MOVING PARTY FOR THE ATTORNEYS’ FEES AND COSTS IT INCURS IN CONNECTION WITH SUCH ACTION. YOU AGREE THAT THE ARBITRATOR SHALL HAVE THE POWER TO DECIDE ANY MOTIONS BROUGHT BY ANY PARTY TO THE ARBITRATION, INCLUDING MOTIONS FOR SUMMARY JUDGMENT AND/OR ADJUDICATION, AND MOTIONS TO DISMISS, PRIOR TO ANY ARBITRATION HEARING. YOU AGREE THAT THE ARBITRATOR SHALL ISSUE A WRITTEN DECISION ON THE MERITS. YOU ALSO AGREE THAT THE ARBITRATOR SHALL HAVE THE POWER TO AWARD ANY REMEDIES AVAILABLE UNDER APPLICABLE LAW. YOU AGREE THAT THE DECREE OR AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED AS A FINAL AND BINDING JUDGMENT IN ANY COURT HAVING JURISDICTION THEREOF. YOU AGREE THAT THE ARBITRATOR SHALL ADMINISTER AND CONDUCT ANY ARBITRATION IN ACCORDANCE WITH FLORIDA LAW, INCLUDING THE FLORIDA RULES OF CIVIL PROCEDURE, AND THAT THE ARBITRATOR SHALL APPLY SUBSTANTIVE AND PROCEDURAL FLORIDA LAW TO ANY DISPUTE OR CLAIM, WITHOUT REFERENCE TO RULES OF CONFLICT OF LAW. TO THE EXTENT THAT THE JAMS RULES CONFLICT WITH FLORIDA LAW, FLORIDA LAW SHALL TAKE PRECEDENCE. YOU AGREE THAT THE DECISION OF THE ARBITRATOR SHALL BE IN WRITING. YOU AGREE THAT ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED IN MIAMI, FLORIDA. YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT.

13.6. OPT-OUT PROVISION.

If you do not wish to resolve disputes by binding arbitration, you may opt-out of the provisions of this Section 13 within 30 days after the date that you agree to these Terms by sending a letter to Company. Attention: 10102 LLC-Arbitration Opt-Out, 20900 NE 30th Ave, Miami, FL 33180, United States, that includes the following information: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt-out of arbitration (“Opt-Out Notice”). Once Company receives your Opt-Out Notice, this Section 13 on mandatory arbitration will be void, and any action arising out of these Terms will be resolved as set forth in Section 13. All other remaining provisions of these Terms will not be affected by your Opt-Out Notice.

13.7. COSTS AND FEES.

To the fullest extent permitted under applicable law, the arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all of its costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, JAMS administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees

13.8. INJUNCTIVE RELIEF.

Nothing in this Section 13 will prevent either party from seeking interim injunctive relief against the other party.

13.9. ENFORCEABILITY.

If any part or parts of this Section 13 on dispute resolution and arbitration are found under law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Section on arbitration shall continue in full force and effect.

13.10. CONFIDENTIALITY.

Except as may be required either by law (including applicable securities laws) or to enforce any award rendered by the arbitrator or seek relief pursuant to this Section 13, neither a party to these Terms, nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

14. GENERAL PROVISIONS.

14.1. Electronic Communications.

The communications between you and Company may take place via electronic means, whether you visit the Services or send Company e-mails, or whether Company posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).

14.2. Assignment.

The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

14.3. Force Majeure.

Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, pandemics, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

14.4. Questions, Complaints, Claims.

If you have any questions, complaints or claims with respect to the Services, please contact us at: info@10102.io. For questions regarding data privacy or our Privacy Policy, please contact us at: info@10102.io. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

14.5. Choice of Language.

It is the express wish of the parties that the Agreement and all related documents have been drawn up in English.

14.6. Notice.

Where Company requires that you provide an e-mail address, you are responsible for providing Company with your most current e-mail address. In the event that the last e-mail address you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Company at the following address: info@10102.io. Such notice shall be deemed given when received by Company by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

14.7. Waiver.

Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

14.8. Severability.

If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

14.9 Consumer Complaints.

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

14.10. Entire Agreement.

The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.