Terms of Service
Last updated: January 16, 2026
Welcome to Rekt. These terms of service ("Terms," "Terms of Service" or "Agreement"), together with the accompanying privacy policy at https://rekt.money/privacy ("Privacy Policy") govern the use and access to the Rekt mobile application available for iOS and Android operating systems, the Solana dApp Store, and any other platform or distribution channel where it may become available ("App"), the Rekt website at https://rekt.money ("Site"), and the associated collection, use, and disclosure of personal data in the course of its services, tools, contracts, and related offerings (collectively, the "Services").
The Services are exclusive of outside websites, applications, or platforms which may be linked or interconnected to the Services. Such outside platforms may have their own terms of service, which control for all transactions on such platforms.
Before using the Services, make sure that you read and understand all of these Terms and our Privacy Policy. Your use of the Services in any way, whether through our App, Site, or a third-party platform, signifies that you agree and are bound to all of these Terms of Service, and these Terms will remain in effect while you use the Services. We may make changes to the Terms from time to time without prior notice. You understand and agree that if you use the Services or access the App or Site, we will treat your continued use of the Services or access of the App or Site as acceptance of the updated Terms.
Rekt ("Rekt", "we", "us", and "our"), including the mobile application, the website at rekt.money, and all associated services, is wholly owned and operated by Asymmetra Labs LTD, a company incorporated in the British Virgin Islands ("Company" or "Asymmetra"). Rekt is a decentralized perpetual futures trading platform that provides users with access to leveraged trading of digital assets through smart contracts deployed on blockchain networks. The App is available for download on iOS (Apple App Store), Android (Google Play Store), the Solana dApp Store, and any other platforms or distribution channels where it may become available. All references to "Rekt," "we," "us," or "our" in these Terms refer exclusively to Asymmetra Labs LTD as the corporate entity.
No information contained in the publicly available portions of the Services is a recommendation, solicitation or offer to buy or sell any securities, options or other financial instruments or other assets or provide any investment advice or service in the Services or on any outside platform. No statement herein made constitutes an offer to sell or a solicitation of an offer to buy a note or other security. The operator and its Affiliates are not liable nor responsible for any information provided by third parties. The information contained in the Services has been prepared without reference to anyone's investment requirements or financial situation.
IMPORTANT REGULATORY NOTICE: THE SERVICES ARE NOT LICENSED, REGISTERED, OR AUTHORIZED BY ANY FINANCIAL REGULATORY AUTHORITY IN ANY JURISDICTION. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICES COMPLY WITH THE LAWS OF ANY PARTICULAR JURISDICTION OR THAT THE SERVICES ARE LEGAL OR PERMISSIBLE IN ANY JURISDICTION. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER YOUR ACCESS TO AND USE OF THE SERVICES COMPLIES WITH APPLICABLE LAWS IN YOUR JURISDICTION. BY USING THE SERVICES, YOU ACKNOWLEDGE AND ACCEPT FULL RESPONSIBILITY FOR ENSURING COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS.
Definitions
"Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with a party to this Agreement. For purposes of this definition, control means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
"App" means the Rekt mobile application available for download on iOS and Android operating systems, the Solana dApp Store, and any other platform or distribution channel where it may become available, including all updates, upgrades, and new versions thereof.
"Confidential Information" means all confidential information disclosed by a party or its Affiliates ("Disclosing Party") to another party ("Receiving Party"), whether orally or in writing, that is designated as confidential, or a reasonable person would consider confidential.
"Device" means any smartphone, tablet, or other mobile device on which the App may be installed and operated.
"Digital Assets" means blockchain-based digital currencies, tokens, cryptocurrencies, and any other digital assets.
"Personal Data" means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
"Perpetual Futures" or "Perps" means derivative contracts that track the price of an underlying asset without an expiration date, allowing users to take leveraged long or short positions.
"Protocol" means the decentralized smart contracts and blockchain-based infrastructure that powers the Services.
"Rekt Content" means all information, data, text, messages, software, documentation, sound, video, photographs, graphics, images, and tags that we incorporate into the Services, the App, or the Site.
"User Data" means all information that you input via the Services or make available to us in the course of the Services. User Data does not include Rekt Content.
"You", "your" or "User" means the person or entity using the Services and identified in the applicable account record or online subscription process as the User and your Affiliates included in the scope of your use.
Use of Services and Standards
1. Eligibility. Subject to these Terms, the operator gives you the non-transferrable permission to use the Services. All Users need to agree to these Terms in order to use the Services. For avoidance of doubt, use of the Services, download of the App, or access to the Site constitutes acceptance of these Terms. To be eligible to use the Services, you must be at least 18 years old. You will need to complete certain verification procedures before you are permitted to use the Services. You may no longer use the Services if the operator revokes your access.
2. Access. We will provide Users access to use the Services as described in these terms. This includes the right to download, install, and use the App on compatible Devices, and to use the software associated with the Services as part of your authorized use. The rights granted to you in this section are non-exclusive, non-sublicensable and non-transferable. You must ensure that all access, use and receipt is subject to and in compliance with these terms.
3. Restrictions. You may not use or try to use anyone else's account on the Services (or to connect with anyone else's wallet) without their specific permission. You may not break the law while using Services, which includes, but is not limited to, infringing on securities laws of various jurisdictions with regard to the transaction of cryptographic assets on the Services, and you agree and acknowledge that you bear full responsibility to be appraised on the laws of your jurisdiction with regard to any User activity. If we determine that you have broken the law, your access will be revoked.
Except as otherwise expressly permitted in this Agreement, you will not: (i) reproduce, modify, adapt or create derivative works of the Services or the App, or remove any marks showing proprietary ownership from materials you download from the Services; (ii) rent, lease, distribute, sell, sublicense, transfer or provide access to the Services or the App to an unauthorized third party; (iii) use the Services for the benefit of any third party; (iv) incorporate any of the Services or the App into a product or service you provide to a third party; (v) disable, interfere with or otherwise circumvent mechanisms in the Services or the App intended to limit your use; (vi) reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to the Services or the App; (vii) remove or obscure any proprietary or other notices contained in the Services or the App; (viii) impersonate others through the Services; (ix) strain infrastructure of the Services with an unreasonable volume of requests; (x) use the Services for competitive analysis or to build competitive products; (xi) use any automated means, including bots, scrapers, or scripts, to access the App or Services; or (xii) encourage or assist any third party to do any of the foregoing.
Further, by agreeing to these Terms you declare that you are (i) not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (i.e., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, the United Kingdom, or other applicable government authority; and (ii) not located in any country subject to a comprehensive sanctions program implemented by the United States.
4. Content Standards. You may not engage in conduct or submit content to the Services that is illegal, offensive, or otherwise harmful to others. This includes conduct or content that is harassing, inappropriate, or abusive. You may not engage in conduct or submit content to the Services that violates the law, infringes anyone's intellectual property rights, violates anyone's privacy, or breaches agreements you have with others. You may not submit content to the Services containing malicious computer code, such as computer viruses or spyware.
Mobile Application License and Terms
5. License Grant. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a Device that you own or control, solely for your personal, non-commercial use in connection with the Services.
6. App Store Terms. You acknowledge and agree that:
(a) These Terms are between you and Asymmetra Labs LTD only, and not with Apple Inc. ("Apple"), Google LLC ("Google"), Solana Mobile, Inc. ("Solana Mobile"), or any other app store or distribution platform operator (collectively, "App Store Providers"). Asymmetra Labs LTD, not the App Store Providers, is solely responsible for the App and its content.
(b) Your use of the App must comply with the applicable App Store Provider's then-current terms of service, including the Apple App Store Terms of Service, the Google Play Terms of Service, the Solana dApp Store Terms, and the terms of any other platform from which you download or access the App.
(c) The App Store Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App.
(d) In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Store Provider, and they may refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, the App Store Providers will have no other warranty obligation whatsoever with respect to the App.
(e) The App Store Providers are not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
(f) In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Asymmetra Labs LTD, not the App Store Providers, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
(g) The App Store Providers and their subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, the App Store Providers will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
7. Device Requirements. Use of the App requires a compatible Device and internet access. The App may not function on all Devices. You are solely responsible for any fees charged by your mobile carrier in connection with your use of the App, including data charges.
8. Updates. We may from time to time develop and provide updates for the App, which may include upgrades, bug fixes, patches, and other error corrections or new features (collectively, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You acknowledge that you may be required to install Updates to use the App and you agree to promptly install any Updates we provide. Your continued use of the App following an Update constitutes your acceptance of such Update.
9. App Availability. We do not guarantee that the App will be available at all times or in all locations. We may discontinue the App or any features within the App at our sole discretion without prior notice. We are not liable if all or any part of the App is unavailable at any time.
Prohibited Localities
10. Rekt does not interact with digital wallets located in, established in, or a resident of the United States, Myanmar (Burma), Cote D'Ivoire (Ivory Coast), Cuba, Crimea and Sevastopol, Donetsk, Luhansk, Democratic Republic of Congo, Iran, Iraq, Libya, Mali, Nicaragua, Democratic People's Republic of Korea (North Korea), Somalia, Sudan, Syria, Yemen, Zimbabwe or any other state, country or region that is subject to sanctions enforced by the United States, the United Kingdom or the European Union. You must not use any software or networking techniques, including use of a Virtual Private Network (VPN) to modify your internet protocol address or otherwise circumvent or attempt to circumvent this prohibition. You must not download, install, or use the App if you are located in any prohibited jurisdiction.
11. Non-Circumvention. You agree not to access the App, Site, or any other interface to the Services using any technology for the purposes of circumventing these Terms.
Compliance Obligations and Regulatory Status
12. No Regulatory Approval. ASYMMETRA LABS LTD IS NOT REGISTERED, LICENSED, OR AUTHORIZED AS A BROKER, DEALER, INVESTMENT ADVISER, VIRTUAL ASSET SERVICE PROVIDER (VASP), OR ANY OTHER TYPE OF FINANCIAL SERVICES PROVIDER IN ANY JURISDICTION, INCLUDING BUT NOT LIMITED TO THE BRITISH VIRGIN ISLANDS, THE UNITED STATES, THE EUROPEAN UNION, OR THE UNITED KINGDOM. THE SERVICES ARE NOT REGISTERED WITH, APPROVED BY, OR SUPERVISED BY ANY FINANCIAL REGULATORY AUTHORITY, INCLUDING THE BVI FINANCIAL SERVICES COMMISSION. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES ARE COMPLIANT WITH THE LAWS OR REGULATIONS OF ANY PARTICULAR JURISDICTION, INCLUDING THE BVI VIRTUAL ASSETS SERVICE PROVIDERS ACT 2022 OR ANY SIMILAR LEGISLATION IN ANY OTHER JURISDICTION. The availability of the Services or the App in any app store or marketplace does not constitute an offer or solicitation in any jurisdiction where such offer or solicitation would be unlawful, nor does it constitute any representation that the Services are lawful or authorized in any jurisdiction.
13. Your Responsibility. The Services may not be available or appropriate for use in all jurisdictions. By accessing or using the Services, whether through the App, Site, or otherwise, you agree that you are solely and entirely responsible for: (i) determining whether the Services are legal in your jurisdiction; (ii) compliance with all laws and regulations that may apply to you; (iii) obtaining any required licenses, permits, or authorizations in your jurisdiction; and (iv) any tax obligations arising from your use of the Services. You further agree that we have no obligation to inform you of any potential liabilities or violations of law or regulation that may arise in connection with your access and use of the Services and that we are not liable in any respect for any failure by you to comply with any applicable laws or regulations.
Access to the Services
14. We reserve the right to disable access to the Services, including the App, at any time in the event of any breach of the Terms, including without limitation, if we, in our sole discretion, believe that you, at any time, fail to satisfy the eligibility requirements set forth in the Terms. Further, we reserve the right to limit or restrict access to the Services by any person or entity, or within any geographic area or legal jurisdiction, at any time and at our sole discretion. We may remove the App from the app stores or disable its functionality at any time without notice. We will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Services or App being inaccessible to you at any time or for any reason.
The Services and the Protocol may rely on or utilise a variety of external third party services or software, including without limitation oracles, decentralised cloud storage services, analytics tools, and mobile operating system features, hence the Services or the Protocol may be adversely affected by any number of risks related to these third party services/software. These may include technical interruptions, network congestion/failure, security vulnerabilities, cyberattacks, mobile operating system updates, app store policy changes, or malicious activity. Access to the Services or the Protocol may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to interact with third-party services for periods of time and may also lead to support response time delays. The Company cannot guarantee that the Services, the App, or the Protocol will be available without interruption and neither does it guarantee that requests to interact with third-party services will be successful. You agree that you shall not hold the Company responsible for any losses which occur due to any of the foregoing.
Your Use of Services
15. By using or accessing the Services, whether through the App or otherwise, you represent and warrant that you understand that there are inherent risks associated with virtual currency and perpetual futures trading, and the underlying technologies including, without limitation, cryptography and blockchain, and you agree that Rekt is not responsible for any losses or damages associated with these risks. You specifically acknowledge and agree that the Services facilitate your interaction with decentralized networks and technology and, as such, we have no control over any blockchain or virtual currencies and cannot and do not ensure that any of your interactions will be confirmed on the relevant blockchain and do not have the ability to effectuate any cancellation or modification requests regarding any of your interactions.
Without limiting the foregoing, you specifically understand and hereby represent your acknowledgment of the following:
The pricing information data provided through the Services does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with the Services. The Services do not act as an agent for any of the users. The Services do not own or control any of the underlying software through which blockchain networks are formed, and therefore is not responsible for them and their operation. You are solely responsible for reporting and paying any taxes applicable to your use of the Services.
Although it is intended to provide accurate and timely information on the Services, the Services, the App, or relevant tools may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Services or relevant tools are your sole responsibility.
16. Trading Risks. You acknowledge and agree that:
(a) Trading perpetual futures contracts involves substantial risk of loss and is not suitable for all investors. The high degree of leverage can work against you as well as for you. Before deciding to trade perpetual futures, you should carefully consider your investment objectives, level of experience, and risk appetite.
(b) You could sustain a total loss of your initial margin and any additional funds deposited with the platform to maintain your position. If the market moves against your position, you may be called upon to deposit additional funds on short notice to maintain your position.
(c) Under certain market conditions, you may find it difficult or impossible to liquidate a position. This can occur, for example, when there is insufficient liquidity in the market.
(d) Placing contingent orders, such as "stop-loss" or "stop-limit" orders, will not necessarily limit your losses to the intended amounts, as market conditions may make it impossible to execute such orders.
(e) All trading strategies are used at your own risk.
17. Mobile-Specific Risks. You acknowledge that use of the App on a mobile Device involves additional risks, including but not limited to: (a) potential security vulnerabilities of your Device; (b) risk of unauthorized access if your Device is lost, stolen, or compromised; (c) interruptions in connectivity that may prevent you from executing trades or managing positions; (d) battery failure or Device malfunction at critical times; (e) delays caused by mobile network congestion; and (f) incompatibility with future operating system updates. You accept full responsibility for securing your Device and maintaining adequate backup measures. We are not liable for any losses arising from any of the foregoing mobile-specific risks.
Non-Custodial Nature of Services
18. The Services and Protocol are non-custodial in nature, therefore neither holds or controls your digital assets. Any digital assets which you may acquire through the usage of the Services or the Protocol will be held and administered solely by you through your selected electronic wallet, and we shall have no access to or responsibility in regard to such electronic wallet or digital asset held therein. It is solely your responsibility to select the wallet service provider to use, and your use of such electronic wallet will be subject to the governing terms of use or privacy policy of the provider of such wallet.
We neither own nor control your selected electronic wallet service, the relevant blockchain network, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to utilise the Services or the Protocol. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
We will not create any hosted wallet for you or otherwise custody digital assets on your behalf, and it is your sole responsibility to maintain the security of your selected electronic wallet and the Device on which you access the App. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against us, our affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to your use of any wallet software, associated loss of digital assets, transaction failures, or any other defects that arise in the course of your use of your electronic wallet, including any losses that may obtain as a result of any failure of the Services, the App, or the Protocol.
In no event shall we be responsible for your private keys or wallet seed. Never trust anyone or any website or app that asks you to enter your private keys or wallet seed.
Links
19. Use of the Services may automatically produce search results that reference or link to third party websites or applications throughout the Internet. We have no control over these sites, apps, or the content within them. We cannot guarantee, represent or warrant that the content contained in these third-party sites or apps is accurate, legal and/or inoffensive. We do not endorse the content of any third-party site or app, nor do we warrant that they will not contain viruses or otherwise impact your computer systems or Devices. By accessing or using our Services, you agree and understand that you may not make any claim against us for any damages or losses, whatsoever, resulting from your access and use of the Services to obtain search results or to link to another site or app.
Violation of the Terms
20. We, in our sole discretion, and without prior notice, may terminate your access and use of the Services, including disabling your access to the App, or exercise any other remedy available to us. You agree that monetary damages may not provide a sufficient remedy to us for violations of these Terms and you consent to injunctive or other equitable relief for such violations. We may release your Personal Information by operation of law if the information is necessary to address an unlawful or harmful activity against the Services. We are not required to provide any refund to you if you are suspended from the Services.
Fees
21. Fees. A description of the way fees are calculated can be found on our website or within the App. By using the Services, you agree to pay all applicable fees, including trading fees, funding rates, and any applicable spreads. While we reserve the right to adjust our pricing and fees at any time, we may provide notice of certain changes to our pricing schedule on our website or within the App.
22. No Refunds or Credits. Unless otherwise required by applicable law, we have no obligation to provide a refund or a credit. Due to the nature of the Services as a digital product and the decentralized nature of blockchain transactions, no refunds are granted. Blockchain transactions are irreversible. Any fees paid for download or use of the App (if applicable) are non-refundable.
Term and Termination
23. Term. Upon any access of the Services, including download or installation of the App, these Terms of Service will be in full force and effect in respect of such access or use.
24. Termination for Cause. Either party may terminate this Agreement for cause: (i) upon notice to the other party of a material breach if such breach remains uncured, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors. We may also terminate this Agreement if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.
25. Effect of Termination or Expiration. Upon termination or expiration of this Agreement, you will stop all use of the Services and must delete all copies of the App from your Devices. The terms and conditions of this Agreement shall survive the expiration or termination of this Agreement to the full extent necessary for their enforcement and for the protection of the party in whose favor they operate.
User Data
26. User's Proprietary Rights. You own and retain all rights to the User Data. This Agreement does not grant us any ownership rights to User Data. However, you consent to our use of User Data in any manner that is consistent with the purpose of your use of the Services or that otherwise facilitates providing the Services to you. You grant permission to us to use the User Data only as necessary to provide the Services to you. More information on how we use User Data can be found in the Privacy Policy.
27. Usage Data. We may collect information about Users when you interact with the Services, including through the App, as permitted by the Agreement. More information on how we use Usage Data can be found in the Privacy Policy.
Intellectual Property
28. This is an agreement for access to and use of the Services, and you are not granted a license to any software by this Agreement except the limited license to use the App as expressly provided herein. We retain all intellectual property rights to the Rekt Content, the App, and the Services. We own all intellectual property and other rights in the Services and its contents, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, and designs. Unless expressly authorized by us, you may not copy, modify, adapt, rent, license, sell, publish, distribute, or otherwise permit any third party to access or use the Services, the App, or any of its contents.
29. Feedback. We encourage Users to submit feedback, suggestions, or recommendations regarding the Services or the App ("Feedback"). If you submit Feedback, you hereby assign all rights, title, and interest in and to the Feedback to us. To the extent that any such rights cannot be assigned, you grant us an irrevocable, worldwide, perpetual, royalty-free, and fully transferable license to use, modify, distribute, and incorporate the Feedback into the Services, the App, or any other products, offerings, or services without any compensation or obligation to you.
Confidentiality
30. Obligations. The Receiving Party will: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind, but in no event less than reasonable care; (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement; (iii) not disclose Confidential Information of the Disclosing Party to any third party; and (iv) limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates' employees, contractors and agents who need such access for purposes consistent with this Agreement.
31. Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process.
Disclaimers
32. WE DO NOT MAKE ANY ASSURANCES THAT THE SERVICES OR THE APP WILL BE ERROR-FREE, UNINTERRUPTED, OR PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICES OR ANY CONTENT, SEARCH OR LINK THEREIN. THE SERVICES AND THE APP ARE PROVIDED ON AN 'AS-IS' AND 'AS-AVAILABLE' BASIS. WE DO NOT MAKE ANY ASSURANCES THAT FILES ACCESSED OR DOWNLOADS FROM THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE APP WILL BE COMPATIBLE WITH YOUR DEVICE OR OPERATING SYSTEM, OR THAT IT WILL FUNCTION WITHOUT INTERRUPTION OR ERROR.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE ACCESS AND USE OF THE SERVICES OR THE APP, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, VICARIOUS, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF BUSINESS OR LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY, APP STORE PROVIDERS, ADVERTISERS AND SPONSORS OF THE SERVICES, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATED TO YOUR ACCESS AND USE OF THE SERVICES.
Corporate Liability Structure
33. Entity Liability. You acknowledge and agree that Asymmetra Labs LTD is the sole entity responsible for the Services and the App. Asymmetra Labs LTD is a BVI Business Company incorporated under the BVI Business Companies Act 2004 (as amended), which provides that a company has separate legal personality from its members and that the liability of members is limited to their shares. Any and all liability arising from or related to the Services, the App, these Terms, or your use of the Services shall be exclusively against Asymmetra Labs LTD as a corporate entity. No individual shareholder, member, director, officer, employee, agent, or representative of Asymmetra Labs LTD shall bear any personal liability for any claims, damages, obligations, losses, or liabilities arising from or related to the Services, the App, or these Terms. You expressly waive and release any and all claims against any individual associated with Asymmetra Labs LTD in their personal capacity and agree not to seek to "pierce the corporate veil" or otherwise hold any individual personally liable.
Release of Rekt; Indemnification
34. If you have a dispute with one or more Users of the Services, you release Rekt and Asymmetra Labs LTD, as corporate entities only, and its Affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. For the avoidance of doubt, no individual officer, director, employee, agent, or representative of Asymmetra Labs LTD shall be personally liable for any claims arising from such disputes.
35. Indemnification. You agree to indemnify and hold Asymmetra Labs LTD as a corporate entity harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party. This indemnification obligation is to the corporate entity only and does not create any personal liability for any individual associated with the Company.
Limitation of Liability; No Warranty
36. Limitation of Liability. IN NO EVENT SHALL ASYMMETRA LABS LTD, AS A CORPORATE ENTITY, BE LIABLE (I) FOR ANY AMOUNT GREATER THAN ONE HUNDRED U.S. DOLLARS ($100); (II) FOR ANY LOST PROFITS, LOSS OF GOODWILL OR REPUTATION, LOSS OF DATA, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE SERVICES OR THE APP, OR THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY WHATSOEVER IS EXCLUSIVELY AGAINST ASYMMETRA LABS LTD AS A CORPORATE ENTITY AND NOT AGAINST ANY INDIVIDUAL ASSOCIATED WITH THE COMPANY.
THIS MEANS, BY WAY OF EXAMPLE ONLY, THAT IF YOU CLAIM THAT REKT FAILED TO PROCESS A TRADE PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN $100, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES ARISING OUT OF OR RELATING TO DIGITAL ASSETS OR TRADING LOSSES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
37. No Warranty. THE SERVICES AND THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. REKT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES OR THE APP, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. REKT DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE LEGALITY OF THE SERVICES IN ANY JURISDICTION. WE MAKE NO WARRANTY THAT THE APP WILL BE COMPATIBLE WITH YOUR DEVICE, OPERATING SYSTEM, OR ANY THIRD-PARTY SOFTWARE.
WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT REKT WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (I) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSET PRICE DATA, OR ANY ERROR, DELAY OR INTERRUPTION IN THE TRANSMISSION OF SUCH DATA; (II) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR WEBSITES, APP, SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF OR ANY OF THE SERVICES OR ANY WEBSITE OR SERVICE LINKED TO OUR WEBSITE OR APP; (III) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR WEBSITES, APP, SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF OR ANY OF THE SERVICES; (IV) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCESS; (V) LIQUIDATION OF YOUR POSITIONS; (VI) ANY TRADING LOSSES WHATSOEVER; (VII) LOSS, THEFT, OR COMPROMISE OF YOUR DEVICE; (VIII) INCOMPATIBILITY WITH YOUR DEVICE OR OPERATING SYSTEM; OR (IX) ANY INTERRUPTION IN MOBILE NETWORK OR INTERNET CONNECTIVITY.
38. Essential Basis for the Bargain. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SERVICES OR THE APP TO YOU.
Arbitration and Class Action Waiver
39. Binding Arbitration. Except for disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and Rekt: (a) waive the right to have any and all disputes or claims arising from these Terms, your use or access to the Services or the App, or any other disputes with Rekt (collectively, "Disputes") resolved in a court; and (b) waive any right to a jury trial. Instead, you and Rekt agree to arbitrate Disputes that are not resolved informally through binding arbitration.
40. No Class Arbitrations, Class Actions or Representative Actions. You and Rekt agree that any dispute is personal to you and Rekt and that any such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. Neither party agrees to class arbitration or to an arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and Rekt agree that a dispute cannot be brought as a class, or other types of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
41. Process. You and Rekt agree that each will notify the other, in writing, of any Dispute within thirty (30) days of when it arises so that the parties can attempt, in good faith, to resolve the Dispute informally. Notice to Rekt shall be provided by sending an email to support@asymmetra.xyz. Your notice must include (1) your name, postal address, and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific action that you are seeking. If you and Rekt cannot resolve the Dispute within thirty (30) days, either you or Rekt may commence an arbitration proceeding. You and Rekt agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arose; otherwise, the claim is permanently barred.
42. Choice of Law and Venue. These Terms are governed by and will be construed under the laws of the British Virgin Islands, which are based on English common law, without regard to principles of conflict of laws. The BVI Business Companies Act 2004 (as amended) and other applicable BVI legislation shall govern the corporate status, powers, and liabilities of Asymmetra Labs LTD. Any unresolved Dispute arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration (LCIA), which rules are deemed to be incorporated by reference. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in London, United Kingdom, in English, in accordance with the LCIA Arbitration Rules. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. You agree that the BVI courts shall have non-exclusive jurisdiction to hear any disputes that cannot be resolved through arbitration.
Miscellaneous
43. Compliance with Laws. We will comply with all applicable laws in our provision of the Services. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request. You will not directly or indirectly export, re-export, or transfer the Services or the App to prohibited countries or individuals or permit use of the Services or the App by prohibited countries or individuals.
44. Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement will continue in effect.
45. Notices. To Rekt: You may send notices to us at support@asymmetra.xyz. Notices will be deemed delivered as of the date of actual receipt by us. To you: We may provide general notices via the Services, the App, or specific notices to you via the email address or phone number listed in your account information. You are responsible for keeping all contact information associated with your account current.
46. Changes to Terms. We may amend any portion of these Terms at any time by posting the revised version of these Terms with an updated revision date. The changes will become effective and shall be deemed accepted by you the first time you use or access the Services or the App after the posting of the revised Terms. We are not obligated to provide you with any notice of changes to these Terms. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and delete the App from your Devices.
47. Entire Agreement. This Agreement (including any and all appendixes) along with our Privacy Policy is the entire agreement between us for the Services and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you.
48. Assignment. You will not assign or transfer this Agreement without our prior written consent. We may assign this Agreement in the event of merger, reorganization, sale of all or substantially all of our assets, change of control, or operation of law.
49. No Third-Party Beneficiaries. Except for the App Store Providers as expressly provided in Section 6, nothing in this Agreement, express or implied, is intended to or will confer upon any third-party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
50. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, debts owed, general use of the Services, disputes with Rekt, and general provisions, shall survive the termination or expiration of this Agreement.
51. English Language. Notwithstanding any other provision of these Terms, any translation of these Terms is provided for your convenience. The meanings of terms, conditions, and representations herein are subject to their definitions and interpretations in the English language. In the event of conflict or ambiguity between the English language version and translated versions of these terms, the English language version shall prevail.
Contact Us
If you have any questions about these Terms of Service, please contact us at: