Terms of Use Agreement

Last Updated: August 1, 2025

Please do not access this Site (as defined below) where such access is prohibited by applicable law. Carefully read these Terms of Use before using the Site. These Terms (as defined below) apply to any person or entity accessing the Site, and by using the Site, you agree to be bound by them.

The Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. If you do not want to be bound by these Terms, you should not access the Site. By using the Site in any capacity, you agree that you have read, understood, and agree to be bound by the Terms.

1. Overview

This Terms of Use Agreement (these “Terms” or this “Agreement”) covers the www.mettalex.ai website and mobile user-interfaces (collectively, the “Site”) provided by Mettalex (“we,” “our,” or “us”), occasionally in conjunction with others. As part of the Site, we provide access to the decentralized finance application. The Mettalex is an order-book-based decentralized exchange comprising specific smart contracts powered by Fetch.ai and related software development kits (collectively, the “Smart Contracts”), which allow traders of digital assets (collectively, “Digital Assets”) to transact on a peer-to-peer basis. Multiple versions of the Mettalex exist, each consisting of free, public, open-source, or source-available software, including a set of Smart Contracts. In addition to the Site, you can access Mettalex through various third-party web or mobile user interfaces that we do not own, administer, or control (“User Interfaces”).

These Terms apply to you (“you” or “your”) as a user of our Site, including, without limitation, all products, services, tools, and information made available on the Site. Our Privacy Policy applies to your access and use of the Site.

You must be able to form a legally binding contract online either as an individual or on behalf of a legal entity. You represent that if you are agreeing to these Terms on behalf of a legal entity, you have the legal authority to bind that entity to these Terms, you are not directly or indirectly included on any sanctions list, and you are at least 18 years old or the age of majority where you reside (whichever is older). You must have the full right, power, and authority to enter into and comply with the obligations under these Terms.

We advise you to periodically review these Terms to understand any changes. We reserve the right, at our sole and absolute discretion, to make changes to these Terms. If we make changes, we will notify you by revising the “Last Updated” date at the beginning of these Terms. Changes are binding on users of the Site and will take effect immediately upon posting. As a user, you agree to be bound by any changes, variations, or modifications to these Terms, and your continued use of the Site constitutes acceptance of any such changes. By continuing to use the Site, you acknowledge and agree that we have provided you with sufficient notice of such changes.

2. Use of the Site

By using the Mettalex site, you acknowledge and agree that:

a. Using Mettalex and Smart Contracts may require fees, such as network fees for transactions.

b. There are risks, including potential losses while trading Digital Assets.

c. You should review the documentation to understand how Mettalex and Smart Contracts operate.

d. You are responsible for understanding the fees and risks of the User Interfaces you use to access Mettalex.

e. Mettalex has no control over transactions, payment methods, or third-party services like Digital Asset wallet providers.

f. Ensure you have a sufficient balance of Digital Assets in your compatible wallet before initiating any transaction.

g. No individual or entity involved in creating Mettalex or Smart Contracts is liable for any claims or damages related to your use or inability to use Mettalex and Smart Contracts.

3. Access / Disclaimer of Warranties

ACCESS TO THIS SITE AND THE PRODUCTS HEREIN ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE SITE OR ANY PRODUCT WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED. YOUR USE OF THE SITE AND ANY PRODUCT, ANY MATERIAL, OR SERVICES OBTAINED OR ACCESSED VIA THE SITE IS AT YOUR DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

We do not guarantee or promise that the Site, or any content on it, will always be available, functional, usable, or uninterrupted. From time to time, access may be interrupted, suspended, or restricted, including because of a fault, error, unforeseen circumstances, or because we are carrying out planned maintenance or changes.

We reserve the right to limit the availability of the site to any person, geographic area, or jurisdiction in our sole discretion and/or to terminate your access to and use of the site at any time and in our sole discretion. We may suspend or disable your access to the Site for any reason and in our sole discretion, including for any intentional or unintentional breaches of these Terms. We may remove or amend the content of the Site at any time. Some of the content may be out of date at any given time, and we are under no obligation to update or revise it. We do not promise or guarantee that the Site, or any content on it, will be free from errors or omissions.

We will not be liable to you for any issue, loss, or damage you may have suffered as a result of the Site being unavailable at any time for any reason. You will comply with all applicable domestic and international laws, statutes, ordinances, rules, and regulations applicable to your use of the site (“Applicable Laws”).

As a condition to accessing or using the Site, you agree and represent that you will:

• Only use the Services and the Site for lawful purposes and in adherence with these Terms;

• Ensure that all information that you provide on the Site is current, complete, and accurate; and

• Maintain the security, privacy, and confidentiality of access to your Digital Asset wallet address.

As a condition to accessing or using the Site or the Services, you will not:

• Violate any Applicable Law, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing and sanctions laws, and any relevant and applicable privacy, secrecy, and data protection laws.

• Use the Site for any purpose or conduct that is directly or indirectly unlawful;

• Export, reexport, or transfer, directly or indirectly, any technology belonging to us or Mettalex in violation of applicable export laws or regulations;

• Infringe on or misappropriate any contract, intellectual property, or other third-party right, or commit a tort while using the Site;

• Misrepresent, with omission or otherwise, the truthfulness, sourcing, or reliability of any content on the Site;

• Use the Site in any manner that could interfere with, disrupt, negatively affect, redirect, or inhibit other users from fully enjoying the Site or the Mettalex, or that could damage, disable, overburden, or impair the functioning of the Site or the Mettalex in any manner;

• Attempt to circumvent or disable any content filtering techniques or security measures that Mettalex employs on the Site, or attempt to access any service or area of the Site that you are not authorized to access;

• Introduce or use any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism, or other harmful material into the Site;

• Post content or communications on the Site that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive, or otherwise objectionable;

• To the extent applicable, post content on the Site containing unsolicited promotions, commercial messages, or any chain messages or user content designed to deceive, induce, or trick the user of the Site; or

• Encourage or induce any third party to engage in any of the activities prohibited under these Terms.

You acknowledge that the Site and your use of the Site present certain risks, including, without limitation, the following risks:

• Losses while trading digital assets on the Mettalex. Prices of digital currencies, tokens, and/or other digital assets fluctuate day by day or even minute by minute. The value of your available balance could surge or drop suddenly. Please note that there is a possibility that the price of tokens could decrease to zero. Prices of tokens are prone to significant fluctuations, for example, due to announced proposed legislative acts, governmental restrictions, news related to cyber crimes, or other factors causing potentially excessive market enthusiasm, disproportionate loss in confidence, or manipulation by others in the market.

• Risks associated with accessing Mettalex through third-party User Interfaces. You are responsible for doing your diligence on those User Interfaces to understand and accept the risks that using entails. You are also responsible for doing your own diligence on those interfaces to understand and accept any fees that those interfaces may charge.

• Risks associated with any Smart Contracts with which you interact.

Although we do not have access to your assets, you are reminded and acknowledge that at any time, your access to your Digital Assets through third-party Digital Asset wallet services, unrelated to the Site, may be suspended or terminated, or there may be a delay in your access or use of your Digital Assets, which may result in the Digital Assets diminishing in value or you being unable to complete a Smart Contract.

You are reminded of the inherent risks with digital assets and decentralized finance, including the fact that tokens are not legal tender and are not backed by any government. Unlike fiat currencies, which are regulated and backed by local governments and central banks, tokens are based only on technology and user consensus, which means that in cases of manipulations or market panic, central governments will not take any corrective actions or measures to achieve stability, maintain liquidity, or protect their value. There is a possibility that certain transactions cannot be settled or may be difficult to settle, or can be completed only at significantly adverse prices, depending on the market situation and/or market volume. Transactions may be irreversible, and, accordingly, potential losses due to fraudulent or accidental transactions are not recoverable. Some blockchain transactions are deemed to be completed when recorded on a public ledger, which is not necessarily the date or time when you or another party initiated the transaction.

The regulatory frameworks applicable to blockchain transactions in connection with tokens are still developing and evolving. It is possible that your transactions or funds are, or may be in the future, subject to various reporting, tax, or other liabilities and obligations. Legislative and regulatory changes or actions at the country or international level may materially and adversely affect the use, transfer, exchange, and value of your tokens. Certain jurisdictions may treat groups of users as a general partnership or some other type of unincorporated association, which may result in a theory of collective liability that could heighten your risks of liability for events or occurrences outside your control.

The Site and/or Mettalex may be wholly or partially suspended or terminated for any or no reason, which may limit your access to your Digital Assets.

You are solely responsible for understanding and complying with any Applicable Laws in connection with your acceptance of these Terms and your use of any part of the Site, including but not limited to those related to taxes, as well as reporting and disclosure obligations.

4. Contact

If you have questions about these Terms or need to report a concern, please contact us at:

info@mettalex.ai