4. Eligibility and Compliance

You represent and warrant that:

1. You are 18 years or older (or the age of majority in your jurisdiction).
2. You are not located in, or a resident of, any Restricted Territory (including jurisdictions subject to comprehensive sanctions by the U.S., U.K., E.U., or U.N.).
3. You are not a person or entity on any sanctions list (e.g., OFAC SDN, HM Treasury, EU Consolidated).
4. If you access derivatives or margin-like features through Orbitals or integrated protocols, you are an Eligible Contract Participant (ECP) as defined under the U.S. Commodity Exchange Act.
5. You will not use VPNs or other methods to circumvent geo-blocking or access restrictions.

5. User Responsibilities

You are solely responsible for:

1. Securing your wallet, devices, and credentials.
2. Paying the SpaceHarpoon Platform Fee (0.5%) on all applicable transactions.
3. Paying any Network (Gas) Fees, should SpaceHarpoon cease its current gas sponsorship program.
4. Complying with all applicable laws, tax obligations, and regulatory requirements.
5. Independently verifying blockchain transactions before approval.

We cannot reverse, cancel, or refund any transaction once confirmed on-chain.

6. Third-Party Protocols and Integrations

Orbitals may display or connect you to third-party protocols, APIs, RPCs, bridges, or oracles (collectively, “Third-Party Services”). Examples include decentralized exchanges, lending platforms, or liquidity providers.

We do not control, operate, or guarantee these Third-Party Services. Your use of them is governed by their respective terms, and you assume all associated risks.

7. No Financial Advice

All content and tools provided through Orbitals are for informational purposes only.

Nothing constitutes investment, legal, tax, or financial advice.

You should consult independent professionals before making financial decisions.

8. Fees and Payments

8.1 Platform Fees In consideration for your access to the Interface and the routing services provided herein, SpaceHarpoon charges a fee of 0.5% on the notional value of transactions processed through the Interface (the “Platform Fee”).

8.2 Calculation and Deduction The Platform Fee is calculated automatically and deducted from the input or output asset at the time of the transaction. By signing a transaction on Orbitals, you explicitly authorize the deduction of this Platform Fee from your wallet or the transaction payload.

8.3 Fee Changes We reserve the right to adjust the Platform Fee percentage at any time. Any changes will be displayed on the Interface prior to transaction confirmation. Your continued use of the Interface constitutes acceptance of the updated fee structure.

8.4 Non-Refundable Platform Fees are final and non-refundable, even if the underlying interaction with a Third-Party Protocol fails due to slippage, smart contract errors, or network congestion (provided the Orbitals routing logic executed correctly).

9. Assumption of Risk

By using Orbitals, you acknowledge and assume the following risks:

1. Smart-contract vulnerabilities (bugs, exploits, admin-key risk).
2. Blockchain network failures, forks, or reorgs.
3. Price volatility, slippage, impermanent loss.
4. Counterparty or oracle failures.
5. Loss of private keys or authentication (Privy or otherwise).
6. Regulatory changes affecting your access to DeFi protocols.

You agree SpaceHarpoon shall not be liable for any losses arising from such risks.

10. Yield, Rates, and Performance Information

If the Interface displays estimated yields, APRs, or APYs:

1. These figures are illustrative only and not guarantees of future performance.
2. Past performance does not guarantee results.
3. No content should be construed as a promise of returns or inducement to invest.

11. Prohibited Conduct

You may not use Orbitals to:

1. Violate any applicable laws or sanctions.
2. Facilitate money-laundering, terrorist financing, or fraud.
3. Upload or distribute malware or harmful code.
4. Impersonate others or misrepresent affiliation.
5. Interfere with network integrity or abuse any API access.
6. Promote hate, violence, or illegal activity.

Violations may result in suspension or termination of access.

12. Intellectual Property

All rights in the Interface, its code, design, and content belong to SpaceHarpoon or its licensors.

You are granted a limited, revocable, non-exclusive license to use the Interface in accordance with these Terms.

Open-source components remain governed by their respective licenses.

13. Privacy

Your data is handled under the Orbitals Privacy Notice.

We collect minimal technical data necessary to operate the Interface and integrate with Privy for wallet creation and authentication.

Privy separately processes authentication and wallet-related information under its own policies.

14. Suspension and Modification

We may modify, suspend, or discontinue the Interface or any feature at any time without liability, including:

1. Maintenance or upgrades,
2. Regulatory or security reasons, or
3. Abuse mitigation.

15. Warranty Disclaimer

THE INTERFACE AND ALL RELATED FEATURES (INCLUDING PRIVY INTEGRATION) ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UPTIME, AND ERROR-FREE OPERATION.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. SPACEHARPOON SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF FUNDS OR DATA.
2. OUR AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED US $100.

17. Indemnification

You agree to defend, indemnify, and hold harmless spaceharpoon, its affiliates, officers, employees, and agents from any claim, damage, loss, or expense arising out of:

1. Your use of the Interface,
2. Violation of these Terms or applicable laws, or
3. Any dispute with third-party protocols or wallet providers.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of Delaware, USA.

All disputes shall be resolved through binding arbitration administered by JAMS in Wilmington, Delaware, under its applicable rules.

No class or representative actions are permitted.

Either party may seek injunctive relief in court to protect intellectual property or prevent misuse.

Claims must be brought within one (1) year of accrual.

19. Force Majeure

We are not liable for delays or failures due to events beyond our reasonable control, including network outages, acts of God, war, pandemics, or regulatory actions.

20. Orbitals-Native Protocols and Smart Contracts

In addition to routing transactions to Third-Party Services (as defined in Section 6), the Interface may also provide access to smart contracts, protocols, or other services developed, deployed, or directly managed by spaceharpoon (collectively, “Native Protocols”). Your interaction with any Native Protocol is subject to all terms herein, and you additionally acknowledge and agree to the following:

1. No Fiduciary Duty Your interaction with any Native Protocol is on a purely peer-to-peer basis. SpaceHarpoon is the developer of the underlying code and/or interface, not your counterparty, agent, broker, or fiduciary. Nothing in your use of a Native Protocol creates or implies a fiduciary relationship, advisory relationship, or any other special relationship between you and spaceharpoon. You are solely responsible for all decisions, transactions, and risk management.

2. Protocol Provided “As-Is”; No Warranties All Native Protocols are provided “AS IS” and “AS AVAILABLE” without warranties of any kind. To the fullest extent permitted by law, spaceharpoon disclaims all warranties, express or implied, in connection with the Native Protocols, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that any Native Protocol will be secure, error-free, uninterrupted, or free of vulnerabilities. You acknowledge that blockchain applications are novel, and subject to high risk.

3. Audits and Security Native Protocols are audited by independent third-party security auditors. A list of completed audits, if any, will be made available by us for informational purposes only. You acknowledge and agree that a security audit is not, and should not be construed as, an endorsement, guarantee, or warranty of security or functionality. An audit reports on findings at a specific point in time and does not guarantee that a Native Protocol is free from all bugs, vulnerabilities, exploits, or private-key-management risks. You are responsible for your own due diligence and assume all risks of interacting with Native Protocols. Never risk more funds than you are willing to lose.

4. Administrative Functions and Governance Risks You acknowledge and agree that certain Native Protocols may be deployed with, or later be subject to, administrative functions or keys (“Admin Keys”). These Admin Keys may be controlled by spaceharpoon, its affiliates, a decentralized autonomous organization (DAO), or a designated multi-signature wallet. These Admin Keys may grant the ability to perform certain actions, including, but not limited to:

1. Pausing or unpausing the contract or specific functions;
2. Upgrading the contract logic to a new implementation;
3. Modifying fee parameters, interest rate models, or collateral factors;
4. Performing emergency shutdowns or interventions; or
5. Setting or changing other protocol parameters.

In other cases, control may be transferred to a decentralized governance mechanism (e.g., token-holder voting), which carries its own distinct risks of novel governance attacks, proposal exploits, or unintended outcomes.

5. Acknowledgement of Protocol-Specific Risks Interacting with Native Protocols carries substantial financial risk. You acknowledge and assume the risk of partial or total loss of your digital assets when interacting with any Native Protocol.

21. Assignment and Severability

You may not assign these Terms without our prior written consent.

We may assign or transfer them without notice.

If any provision is held invalid, the remaining provisions remain in full force.

22. Entire Agreement

These Terms, together with the Orbitals NFT IP Rights & License and the Privacy Notice., constitute the entire agreement between you and SpaceHarpoon concerning the Interface and supersede all prior communications.

23. Contact

SpaceHarpoon, Inc.
Email: legal@spaceharpoon.com
Copyright Agent: copyright@spaceharpoon.com