These Terms of Use constitute a legally binding agreement between you ("you" or "your") and Elevated AI Labs Inc., ("Trench Games", "Entities or affiliates", "we", "our" or "us"). The Terms govern your use of all Trench Games Services made available to you on or through the Trench Games Platform or otherwise. Trench Games Services may be developed, maintained, and/or provided by Trench Games Entities or affiliates.

By accessing the Trench Games Platform and/or using the Trench Games Services, as defined in these Terms, you agree that you have read, understood and accepted these Terms, together with any additional documents. You acknowledge and agree that you will be bound by and will comply with these Terms, as updated and amended from time to time. BY ACCESSING THE TRENCH GAMES PLATFORM AND USING TRENCH GAMES SERVICES, YOU IRREVOCABLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR MASS ACTION IN ANY JURISDICTION OR BEFORE ANY TRIBUNAL AS STATED IN SECTION 27. YOU ALSO EXPRESSLY AGREE THAT ANY CLAIMS AGAINST ANY TRENCH GAMES-RELATED ENTITY OR AFFILIATE WILL BE SUBJECT TO MANDATORY, BINDING ARBITRATION AS STATED IN SECTION 27.

If you do not understand and accept these Terms in their entirety, you should not use the Trench Games Platform.

RISK WARNING

The Trench Games Platform and Trench Games Services generally involve interacting with user-generated Digital Assets in various ways. Neither Trench Games Entities nor any affiliates are responsible for user-generated Digital Assets that you may, at your sole discretion, engage with on the Trench Games Platform or through the Trench Games Services. Please ensure that you fully understand the risks associated with user-generated Digital Assets before using the Trench Games Platform and Trench Games Services.

The value of User-Generated Digital Assets, especially memecoins that are commonly found on the Trench Games Platform and as part of the Trench Games Services, can fluctuate significantly and there is a material risk of economic loss when buying, holding, or investing in any Digital Asset. You should therefore consider whether participating on the Trench Games Platform in general or Trench Games Services specifically is suitable for you taking into account your personal circumstances, financial, or otherwise.

You acknowledge that we are not your broker, intermediary, agent or advisor and we have no fiduciary relationship or obligation to you in connection with any activities you engage in when using the Trench Games Platform or Trench Games Services. We do not and are not providing any investment or consulting advice and no communication or information that we provide to you is intended to be, or should be construed as, advice of any kind. We do not recommend that any user-generated Digital Asset be bought, earned, or held by you under any circumstances.

You are responsible for determining whether any user-generated Digital Asset is appropriate for you to acquire, transact in, or otherwise use on the Trench Games Platform or with Trench Games Services based on your personal investment objectives, financial circumstances and risk tolerance, and you are responsible for any related loss or liability. Before making the decision to buy or hold any user-generated Digital Asset, you should conduct your own due diligence and about the creator of the Digital Asset and, where appropriate, consult your financial advisor. We are not responsible for the decisions you make to buy, earn, or hold Digital Assets based on the information or services provided by us or by users themselves through the Trench Games Platform or Trench Games Services, including any losses you may incur based on your decisions.

1. Introduction

1.1. The Trench Games Entities and their affiliates develop, maintain, operate, and provide access to the Trench Games Platform and Trench Games Services.

1.2. By using the Trench Games Platform or any of the Trench Games Services you are entering into a legally binding agreement with all Trench Games Entities and their affiliates. These Terms will govern your use of the Trench Games Platform and all of the Trench Games Services.

1.3. You acknowledge that you must read these Terms, together with the documents referenced in the Terms, carefully and are responsible for telling us if you do not understand anything.

1.4. You expressly agree that you will be bound by, and that you will comply with, any additional terms and conditions that apply to your use of the Trench Games Platform or any of the Trench Games Services.

2. Eligibility

2.1. To be eligible to use the Trench Games Platform and the Trench Games Services:

• a. you must be an individual, corporation, legal person, entity or other organisation with the full power, authority and capacity to: (i) access and use the Trench Games Platform; and (ii) enter into and comply with your obligations under these Terms, including, in the case of an individual, being of the legal age of majority in your country;
• b. if you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you must be duly authorized to act on behalf of and bind such legal entity for the purposes of entering into these Terms;
• c. not be located, incorporated, otherwise established in, or resident of, or have business operations in:
  • i. a jurisdiction where it would be illegal under Applicable Law for you to access or use the Trench Games Platform and/or Trench Games Services, or cause us or any third party to contravene any Applicable Law; or
  • ii. a country listed in our List of Prohibited Countries.

2.2. We may modify our eligibility criteria at any time at our sole discretion. We retain the sole discretion to make changes without informing you in advance. For example, we may change these Terms without notifying you where:

• a. we are making the change as a result of legal and/or regulatory changes;
• b. the changes being made are in your interest; and/or
• c. there is any other valid reason which means there is no time to give you notice.

We will let you know of the change as soon as possible after it is made by updating the "last updated" date at the top of these Terms.

You acknowledge and agree that you are responsible for reviewing these Terms to stay informed of any changes related to your use, and that we may terminate your use of the Trench Games Platform and any of the Trench Games Services at any time for any reason.

3. Trench Games Platform

3.1. Access to the Trench Games Platform and Trench Games Services is provided at our absolute discretion. We reserve the right to refuse any access to, or restrict your use of, the Trench Games Platform and Trench Games Services for any reason, or without reason at any time.

3.2. You must not take any action or otherwise post, upload or publish to the Trench Games Platform any abusive, defamatory, dishonest, or obscene message or any messages intended to manipulate a market or to spread false or misleading information or messages that are otherwise in contravention of Applicable Laws. Violating this provision may result in termination of or restrictions on the availability of the Trench Games Platform and Trench Games Services to you.

3.3. You must not take any action or otherwise post, upload or publish to any platform or media any abusive, defamatory, dishonest, or obscene message or any messages intended to manipulate a market or to spread false or misleading information or messages that are otherwise in contravention of Applicable Laws in respect of any user-generated Digital Assets created using the Trench Games Services. Violating this provision may result in termination of or restrictions on the availability of the Trench Games Services to you.

4. Fees and Calculations

4.1. Fees for use of the Trench Games Services are available here. Trench Games Entities and affiliates do not charge any fees related to accessing the Trench Games Platform (e.g., the trenchgames.win web app), but reserve the right to do so in their sole discretion in the future.

4.2. You agree to pay all applicable fees in connection with your use of the Trench Games Services as requested during your use of those services, whether on the Trench Games Platform or via a separate third-party interface. You understand that the Trench Games Entities and affiliates do not control any fees charged by third parties you may use to access the Trench Games Services, and you are solely responsible for payment of any third-party fees.

4.3. You expressly authorize us to deduct all applicable fees, commissions, interest, charges and other sums that you owe from the Wallet that you connect to the Trench Games Platform under these Terms.

4.4. Amending our fees: We may adjust our fees from time to time in accordance with Section 14 of these Terms. If you do not wish to accept the changed fees, you must cease use of the Trench Games Platform and relevant Trench Games Services. Your continued access to or use of the Trench Games Platform and relevant Trench Games Services shall be deemed acceptance of the updated fee.

4.5. Calculations: Any calculations of fees made by the Trench Games Entities or affiliates in connection with your use of the Trench Games Services are final and binding on you in the absence of Manifest Error.

5. Records

We keep your personal data to enable your continued use of the Trench Games Platform and Trench Games Services, including as may be required by law for tax and accounting purposes as well as compliance with other laws and regulations. You understand and agree that our use of and your rights related to your data are set forth in our Privacy Notice.

6. Accessing the Trench Games Platform

6.1. To access the Trench Games Platform and Trench Games Services, you must have the necessary equipment (such as a computer or smartphone) and access to the internet. You can access the Trench Games Platform and Trench Games Services through the use of bots or otherwise as we may permit from time to time, as long as such access otherwise complies with all requirements and rules established in these Terms.

6.2. The use of the Trench Games Platform and other access methods may be subject to such additional terms as we require from time to time and which we will communicate to you.

7. Transactions

7.1. You acknowledge and agree that where you execute any Transaction with Improper Intent and/or in the case of Manifest Error, Trench Games is authorized by you (without any payment or penalty or liability due by Trench Games and provided that such action is in compliance with Applicable Law) to cancel or void such Transaction (to the extent possible), take such actions as Trench Games may reasonably deem appropriate and treat such Transaction as if it had never been entered into.

7.2. We may be required under these Terms or Applicable Law to share information about your activities on the Trench Games Platform with third parties and within the Trench Games group. You acknowledge and agree that we are entitled to disclose such information.

8. Submission of Instructions

8.1. Instructions are transactions or commands executed on the Solana blockchain using the Trench Games Platform and Trench Games Services. You must ensure that any Instruction submitted is complete and accurate. We are not required to verify the accuracy, authenticity or validity of any Instruction and will not monitor or reject Instructions on the basis that they are, or appear to be, duplicates. In our sole, absolute discretion, we may refuse to act upon or defer acting upon any Instruction, or seek further information with respect to the Instruction.

8.2. You acknowledge and agree that Instructions are irrevocable and therefore once an Instruction has been submitted you have no right to unilaterally rescind or withdraw it. Your Instruction is not deemed to be received by us until it has been received by our server. Our record of all Instructions will be conclusive and binding on you for all purposes.

8.3. By submitting an Instruction you are authorizing us to initiate transaction(s) using your Wallet on the Solana blockchain. We are therefore authorized to credit or debit (or provide information to third parties for the purposes of the third party crediting or debiting) your Digital Assets from your Wallet in accordance with your Instruction. If you have insufficient Digital Assets in your Wallet to effect the Transaction (i.e. less than the required amount to settle the Transaction and to pay all the fees associated with the Transaction), then we have the right to refuse to effect any Transaction. Trench Games Entities and affiliates may also refuse to act on instructions to the extent permitted by these Terms. It is your responsibility to hold sufficient Digital Assets in your Wallet.

8.4. You are aware that Instructions and information transmitted on the Trench Games Platform or by email are generally transmitted via the internet and may be routed via public, transnational installations which are not specifically protected. We cannot guarantee that the Instructions and information transmitted will be completely protected against unauthorized access, and you accept the associated risks. Our privacy practices and your rights are disclosed in our Privacy Notice.

9. Transactions

9.1. We do not represent or warrant that any actions by you on the Trench Games Platform or use of the Trench Games Services will be completed successfully or within a specific time period. By accessing and using the Trench Games Platform and Trench Games Services, you represent that you understand that smart contract transactions, like the ones conducted through the Trench Games Platform and Trench Games Services, automatically execute and settle, and that blockchain-based systems are variable and transaction speeds may increase dramatically at any time.

9.2. You expressly agree that the Trench Games Entities and affiliates are permitted, but not required, to keep a record of all Transaction information related to use of the Trench Games Platform and Trench Games Services. You further agree that we may keep this information, if we collect it, for as long as it is required to fulfill its intended purpose or any other period of time as required by Applicable Law.

10. Material Interests and Conflicts

10.1. You understand and agree that neither your relationship with us nor any services we provide to you, nor any other matter, will give rise to any duties on our part or on the part of any Trench Games Entity or affiliate, whether legal, equitable, fiduciary in nature, save as are expressly set out in these Terms. In particular, Trench Games Entities and affiliates may from time to time act in more than one capacity, and in those capacities we may receive fees or commissions from more than one user (including you). You agree that we may act in such capacities and provide any other services or carry out any business with or for you, any other Trench Games Entity or affiliate or any other user.

10.2. You understand and agree that, except as required under our Privacy Notice, the Trench Games Entities and affiliates will not be required to: (i) have regard to any information known to us, which is or may be a material interest; (ii) disclose any such information to you; or (iii) use any such information for your benefit. You further acknowledge that from time to time we may receive general market information in the course of providing access to the Trench Games Platform and Trench Games Services to you, which we may use in the ordinary course of our business.

10.3. We have established and maintain effective organisational and administrative arrangements with a view to taking all appropriate steps to identify and manage conflicts of interest between us and our users and relevant third parties, so as to prevent conflicts of interest from adversely affecting the interests of our users. We reserve the right at all times to decline to act for you where we are not able to manage a conflict of interest in any other way.

10.4. You understand that from time to time we may transact using the Trench Games Platform. We are under no obligation to disclose any of our transactions on the Trench Games Platform.

11. Transaction Limits

Your activity on the Trench Games Platform and use of the Trench Games Services may be subject to limits that we shall determine from time to time in our sole discretion.

12. Security

12.1. You are responsible for taking appropriate action to protect your hardware and data from viruses and malicious software, and any inappropriate material. Except as provided by Applicable Law, you are responsible for backing up and maintaining duplicate copies of any information related to your use of the Trench Games Platform and Trench Games Services. The Trench Games Entities and affiliates are not responsible for any claim or losses resulting from your failure to comply with this clause.

12.2. At all times, you, and anyone you permit to access the Trench Games Platform and Trench Games Services using your Wallet ("Permitted Users"), shall maintain adequate security and control of all of the information used to access the Trench Games Platform and Trench Games Services. You are responsible for taking the necessary security measures to protect such details, including by:

• a. strictly abiding by all of our mechanisms or procedures;
• b. never allowing remote access or sharing your computer and/or computer screen with someone else when you are logged into the Trench Games Platform or are using the Trench Games Services;
• c. remembering that under no circumstances will we ask you to share any of your passwords or 2-factor authentication codes or similar. You should never disclose these if asked.

12.3. You are solely responsible for keeping the information used to access the Trench Games Platform and Trench Games Services secure against any attacks and unauthorized access.

12.4. It is important that you monitor your Activity History to ensure any unauthorized or suspicious activity on your account is identified. You agree that you are required to notify us as soon as possible of any suspicious activity involving the Wallet you use to access the Trench Games Platform and Trench Games Services. You acknowledge that any Security Breach may result in unauthorized access to your Wallet by third parties and the loss or theft of any Digital Assets and/or funds from your Wallet and any associated Wallets or accounts.

12.5. If you suspect a Security Breach, you must ensure that:

• a. we are notified immediately and continue to be provided with accurate and up-to-date information throughout the duration of the Security Breach;
• b. you take any other steps that we may reasonably require to reduce, manage or report any Security Breach.

12.6. We reserve the right to request, and you agree to promptly provide, any and all information and documents we deem relevant or necessary in connection with an actual or suspected Security Breach. You further acknowledge and agree that we may provide such information to any third party that we deem necessary in order to investigate or resolve any Security Breach.

13. Privacy

13.1. Our collection and use of personal data in connection with these Terms, your access to the Trench Games Platform, and use of the Trench Games Services is as provided in our Privacy Notice (as updated from time to time). You acknowledge that we may process personal data in relation to you, that you have provided to us, or we have collected from you in connection with these Terms and our Privacy Notice. Your personal data will be processed in accordance with the Privacy Notice, which shall form part of these Terms.

13.2. You represent and warrant that:

• a. you acknowledge that you have read, understood, and agree to our Privacy Notice.
• b. our business changes regularly and our Privacy Notice will change also. Therefore, if from time to time we provide you with a replacement version of the Privacy Notice, you will promptly read the Privacy Notice.

14. Amending the Terms

14.1. We can make changes to these Terms and any terms and conditions incorporated by reference at any time and your continued use of the Trench Games Platform and Trench Games Services constitutes your consent to such changes. Changes to these Terms will be published on our website and may also be communicated to users by such other means as Trench Games Entities and affiliates determine in their sole discretion. You understand and agree that you are required to review these Terms periodically to ensure that you are aware of any and all changes.

14.2. If you do not wish to accept these Terms or any future modified Terms, you must cease use of the Trench Games Platform and Trench Games Services. Your continued access to or use of the Trench Games Platform and Trench Games Services shall be deemed acceptance of the updated Terms.

15. Termination, Suspensions, Restrictions

15.1. We may at any time modify or discontinue, temporarily or permanently, any portion or feature of the Trench Games Platform or Trench Games Services. In particular, we may: (i) refuse to complete or block, cancel, or, where permitted by Applicable Law, reverse (to the extent possible) any action you have taken; (ii) terminate, suspend, or restrict your access to any or all of the Trench Games Platform and Trench Games Services; (iii) refuse to transmit information or Instructions to third parties (including but not limited to third-party Wallet operators); and/or (iv) take any action we consider necessary, in each case with immediate effect and for any reason including, but not limited to where:

• a. you are not, or are no longer, eligible to use the Trench Games Platform and Trench Games Services;
• b. we reasonably suspect that:
  • i. the person connecting to the Trench Games Platform or Trench Games Services with your Wallet is not you, or we suspect that you have been or will be using the Trench Games Platform or Trench Games Services for any illegal, fraudulent, or unauthorized purposes;
  • ii. information provided by you is wrong, untruthful, outdated, or incomplete;
• c. we reasonably consider that we are required to do so by Applicable Law, or any court or authority;
• d. we have determined or suspect:
  • i. that you have breached these Terms;
  • ii. that any activity is unauthorized, erroneous, fraudulent, or unlawful or we suspect the Trench Games Platform, Services or Wallet are being used as such;
  • iii. there is any occurrence of money laundering, terrorist financing, fraud or any other crime in connection with your usage;
• e. your usage is subject to any pending, ongoing or threatened litigation or regulatory proceedings;
• f. you have taken any action that may circumvent our controls without our consent;
• g. there is any other valid reason which means we need to do so.

15.2. You acknowledge and agree that:

• a. the examples set out above are non-exhaustive; and
• b. our decision to terminate, suspend, or restrict access may be based on confidential criteria that are essential to our risk management and security protocols. We are under no obligation to disclose these to you.

15.3. If we terminate, suspend, hold or restrict your access:

• a. if you have Instructions or Transactions that are open, they may be closed by you or by us depending on the circumstances;
• b. you authorize us to deduct any unpaid costs and fees directly from assets in the Wallet you connected.

15.4. If we are informed and reasonably believe that any Digital Assets in your Wallet are stolen or not lawfully possessed by you (whether by error or otherwise), we may, but are not obligated to, terminate your usage of the Trench Games Platform and Services. Except where required by law, we will not become involved in any dispute relating to such assets or their origin.

16. Trench Games IP

All Trench Games IP shall remain vested in Trench Games Entities and their affiliates. At no point do users of the Trench Games Platform or Trench Games Services obtain any right to Trench Games IP unless expressly provided by these Terms.

17. License of Trench Games IP

We grant to you a non-exclusive license for the duration of these Terms, or until we suspend or terminate your usage of the Trench Games Platform and Trench Games Services, whichever is sooner, to use the Trench Games IP, excluding the Trench Games Trade Marks, solely as necessary to allow you to access and use the Trench Games Platform and Trench Games Services for non-commercial personal use, in accordance with these Terms.

18. License of User IP

18.1. You grant to us a perpetual, irrevocable, royalty-free, worldwide and non-exclusive license to use the User IP to the extent it:

• a. forms part of, or is necessary for the use of, any Created IP; and
• b. is necessary to allow us to provide you with access to the Trench Games Platform and Trench Games Services.

18.2. The license granted by you under this clause includes our right to sub-license to a third party to the extent required to enable Trench Games Entities and any affiliates to provide you with access to the Trench Games Platform and to enable use of any Trench Games Services, or any part of them.

19. Created IP

19.1. The Created IP shall automatically vest in us from time to time on the date on which it is created.

19.2. You hereby assign to us (and agree to procure that any agents, representatives or contractors assign), with full title guarantee, title to all present and future rights and interest in the Created IP.

19.3. If requested to do so, you shall (and agree to procure that any agents, representatives or contractors shall), without charge to us, sign and/or execute all documents and do all such acts as we may require to perfect the assignments under this clause.

20. General

20.1. You agree and acknowledge that: (i) we are not responsible for any User Material (whether provided by you or by third parties) which may be used on, uploaded to or made available on the Trench Games Platform and Trench Games Services, including user-generated Digital Assets; and (ii) use of any such User Material and user-generated Digital Assets is at your own risk and that we do not provide any warranties in relation to the same.

20.2. We shall have the right at our sole and absolute discretion to remove, modify or reject any content that you submit to, post, use or display on the Platform (including any User Material and user-generated Digital Assets) for any reason. We reserve the right to take any actions as we deem appropriate at our sole discretion, including giving a written warning to you, removing any User Material and user-generated Digital Assets, recovering damages or other monetary compensation from you, suspending or terminating your access to the Trench Games Platform and Trench Games Services. We have the right to restrict or ban you from any and all future use of the Trench Games Platform and Trench Games Services.

20.3. You agree that we may record any communications, electronic, by telephone, over video call, chat, VOIP or otherwise, that we have with you in relation to these Terms, and that any such record that we keep will constitute evidence of the communications between you and us. You agree that telephone conversations and video calls may be recorded so that we can respond to inquiries, ensure compliance with applicable laws, improve our services and provide customer support.

21. Prohibited Use

By using the Trench Games Platform and Trench Games Services, including executing any Transaction, and without prejudice to any other restriction or limitation set out in these Terms, you agree that you will not:

• a. breach these Terms or any agreement entered into pursuant to them;
• b. use the Trench Games Platform and/or Trench Games Services in a manner that violates our Prohibited Use Policies, including our DMCA Guidelines, and/or Trademark Guidelines;
• c. use the Trench Games Platform and/or Trench Games Services for commercial purposes, including transactions on behalf of other persons or entities, unless expressly agreed by us in writing;
• d. engage in market manipulation, including pump and dump schemes, wash trading, or any activity designed to control or artificially affect the price of any Digital Asset;
• e. engage in fraudulent activities, or cause us to suspect that you have done so;
• f. undertake activities that may result in disputes, chargebacks, penalties, or liability to any party;
• g. provide false, inaccurate or misleading information in connection with your use;
• h. use bots, spiders, deep links, or other tools to access or copy data from the Trench Games Platform in unauthorized ways;
• i. attempt unauthorized access, probe, scan or test vulnerabilities of the Platform;
• j. reverse-engineer or otherwise attempt to extract source code or intellectual property;
• k. copy, republish, or otherwise exploit any part of Trench Games IP or services;
• l. distribute malware, spyware, or any software designed to harm systems or users;
• m. use anonymizing proxies, spoof IPs, or manipulate system behaviors;
• n. create or purport to create any security interest over your user-generated Digital Assets;
• o. violate any Applicable Law or third party IP or privacy rights;
• p. access or attempt to access the Trench Games Platform or Services from any prohibited or sanctioned jurisdictions (including Cuba, Iran, North Korea, Syria, Russia).

22. Representations and Warranties

You hereby represent and warrant to us, at all times, the following:

• a. all decisions made in connection with these Terms were solely and exclusively based on your own judgment;
• b. you have full power, authority, and capacity to (i) access and use the Trench Games Platform and Trench Games Services; and (ii) enter into and perform your obligations under these Terms;
• c. where participating in user-generated Digital Assets, you have independently assessed such assets and are using no more of your financial resources than is prudent and reasonable;
• d. all consents, approvals, and registrations required to use the Trench Games Platform and Services have been lawfully obtained;
• e. you either (i) have enforceable rights to use any images and IP uploaded to the Trench Games Platform, or (ii) have obtained all necessary permissions to do so;
• f. these Terms constitute valid and legally binding obligations enforceable against you;
• g. if you are a legal entity, you are duly incorporated and validly existing under your jurisdiction's laws;
• h. your access and use of the Trench Games Platform and Services will not:
  • i. breach your constitutional documents if you are a legal entity;
  • ii. breach any instrument or agreement you are a party to; and
  • iii. cause any party to breach any Applicable Law or legal decision.

23. Technology Disclaimers

23.1. The Trench Games Platform and Trench Games Services are provided on an "as is" and "as available" basis without any representation or warranty, whether express or implied, to the maximum extent permitted by Applicable Law. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

23.2. We do not warrant that access to the Trench Games Platform or Services will be continuous, uninterrupted, timely, or error-free. Delays, service interruptions, and time-sensitive transaction failures may occur.

23.3. Access may be suspended from time to time for scheduled or emergency maintenance. We make no guarantees regarding processing times for Transactions, which may vary due to blockchain conditions or other external factors.

23.4. Although we strive to ensure up-to-date content, we make no representations, warranties, or guarantees that the content on the Trench Games Platform is accurate, complete, or current.

23.5. Links to third-party websites are provided as a convenience. We do not control and are not responsible for the content or services available on any third-party sites.

23.6. You are responsible for obtaining the necessary network access to use the Trench Games Platform and Services, and for ensuring your devices are compatible. We do not guarantee operation across all devices and platforms.

24. Indemnity

24.1. You hereby undertake and agree to indemnify us and hold us harmless upon demand from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any and all persons or entities, including third parties, governmental authorities, and industry bodies, as well as all claims, liabilities, damages (actual and consequential), losses (including direct, indirect, or consequential), costs, and expenses, including all interest, penalties and legal or other reasonable attorneys' fees and professional costs ("Losses"), arising out of or in any way connected with:

• a. your access to or use of the Trench Games Platform and Trench Games Services;
• b. your breach or alleged breach of these Terms;
• c. your contravention of any Applicable Law; and
• d. your violation of the rights (intellectual property or otherwise) of any third party.

24.2. You irrevocably and unconditionally agree to release us from any and all claims and demands (and waive any rights you may have now or in the future), arising directly or indirectly out of or in connection with any dispute you have with another user or third party, connected in any way with the Trench Games Platform, Trench Games Services, or these Terms.

25. Liability

25.1. The Trench Games Entities and affiliates are not responsible for any loss suffered by you or any third party, except where such loss arises solely and directly from our willful misconduct or actual fraud. We are not liable for any loss related to user-generated Digital Assets.

25.2. Our total liability to you under any circumstance will not exceed the amount of fees you paid to us for the transaction giving rise to the claim. This amount shall represent full and final settlement of any claim.

25.3. You agree that we are unaware of your specific circumstances and that monetary damages are an adequate remedy. You are not entitled to remedies such as injunction or specific performance.

25.4. We are not liable for:

• a. direct or indirect losses arising from actions, delays, market fluctuations, technical failures, third-party behavior, or smart contract execution;
• b. loss of profits, opportunities, or business due to use or inability to use the Trench Games Platform;
• c. any error, Manifest Error, market volatility, or cancellation of a transaction;
• d. any claim brought more than one year after the cause of action arose.

25.5. We are not liable for malware, phishing, or spoofing attacks. You are responsible for using antivirus software and for protecting access credentials to your Wallet and devices.

26. Governing Law

Aside from where Applicable Law requires or provides you with a choice otherwise, these Terms (including this arbitration agreement) shall be governed by, and construed in accordance with, the laws of Canada.

27. Dispute Resolution; Arbitration

PLEASE READ THIS SECTION CAREFULLY: IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

27.1. Binding Arbitration. Except for disputes where we seek injunctive or equitable relief related to intellectual property, you waive your rights to have Disputes adjudicated in court or before a jury. All Disputes must be resolved by binding arbitration.

27.2. Informal Dispute Resolution. You must notify us in writing of any Dispute within thirty (30) days of its arising. You agree to engage in a good faith informal resolution process, including at least one telephonic conference before proceeding to formal arbitration.

27.3. Arbitration Process. Arbitration will be conducted in Toronto, Ontario, Canada, under the ADR Institute of Canada ("ADRIC") Arbitration Rules. A single arbitrator with relevant experience will be appointed. English will be the language of arbitration. Arbitration is private and confidential unless disclosure is legally required.

27.4. No Class Actions. All Disputes must be brought individually. Class arbitrations, class actions, and representative actions are strictly prohibited.

27.5. Consolidated Arbitrations. Arbitrations may be consolidated when appropriate, such as when they share common facts or legal issues.

27.6. Mass Arbitrations. If 25+ similar claims are filed, a batching procedure will apply. Selected test cases will go to arbitration first, followed by mediation. Claims not resolved may return to arbitration in batches or may be opted out for court filing.

27.7. Severability. If any part of this arbitration clause is found unenforceable, the rest will still apply. Waivers are enforceable to the extent permitted by law.

27.8. Jurisdiction of Arbitrator. The arbitrator shall have exclusive authority to determine the scope, validity, and arbitrability of any Dispute.

27.9. These arbitration provisions survive the termination of these Terms.

28. Contact

28.1. If you have questions, feedback, or complaints you can contact us via our Support team at contact@trenchgames.win.

28.2. Where necessary, and in accordance with your Privacy Notice, we will contact you using the details you have provided to us or that we may reasonably find, such as via directly messaging you on X (formerly known as Twitter).

29. Wallets

29.1. The Wallet that you connect to the Trench Games Platform is provided by third-party wallet providers (such as Phantom or Solflare) and remains the responsibility of such third-party wallet providers and you. You acknowledge that these third-party wallet providers are not affiliated with any Trench Games Entities or affiliates and you are solely responsible for reviewing and understanding the terms and conditions of such third-party wallet providers as they relate to your Wallet. Trench Games Entities and affiliates have no control over your Wallet, however connected, or the private keys to it. You maintain full custody and control of your Wallet and private keys.

29.2. None of the Trench Games Entities or affiliates shall be responsible for the operation or features of any Wallet or be liable for any losses or damage incurred or suffered directly or indirectly as a result of using any Wallet, including but not limited to loss of Digital Assets, unauthorized access, or security breaches.

30. General Terms

• 30.1. You must comply with all Applicable Law, licensing requirements, and third-party rights, including data protection and anti-money laundering laws.
• 30.2. We may give notice to you electronically, including through Telegram or social media. You must provide notice to us as directed in these Terms.
• 30.3. Official announcements will be made on X (formerly Twitter) from the official Trench Games account.
• 30.4. These Terms constitute the whole agreement between you and the Trench Games Entities and affiliates.
• 30.5. You may not assign your rights without our prior written consent. We may assign ours freely.
• 30.6. If any clause is found invalid, the remainder of the Terms remains in effect.
• 30.7. We may record communications with you, including calls and messages, as evidence and for support.
• 30.8. In case of conflict, the English version of the Terms prevails over any translations.
• 30.9. These Terms do not create third-party beneficiary rights.
• 30.10. Provisions that naturally survive termination will remain binding.
• 30.11. These Terms do not establish a partnership, joint venture, or agency relationship.
• 30.12. We are not liable for delay or failure to perform due to a Force Majeure Event.
• 30.13. No delay or omission in enforcing rights shall waive future enforcement.
• 30.14. We may set-off amounts you owe us; you must pay what you owe free from deductions or counterclaims.
• 30.15. If you receive another user's information, you must keep it confidential and only use it lawfully.
• 30.16. If you breach these Terms, we may disclose the breach and related information for user safety.
• 30.17. You are responsible for determining and paying all applicable taxes related to your use of the Trench Games Platform and Services.

31. Definitions and Interpretation

In these Terms:

• 31.1. Clause headings and numbering are for convenience only and do not affect the meaning or interpretation.
• 31.2. "Include" and "including" mean without limitation.
• 31.3. Any obligation not to do something includes not permitting it to be done.
• 31.4. Words in the singular include the plural and vice versa; words referring to gender include all genders.
• 31.5. References to documents include any variations or amendments not in breach of these Terms.
• 31.6. In case of inconsistency:
  • a. the Privacy Notice prevails over these Terms.
  • b. these Terms prevail over any other referenced documents unless otherwise stated.
• 31.7. Capitalized terms shall have the meanings assigned in the Terms unless context requires otherwise.