Terms of Service

These terms, and the accompanying privacy policy at mina.gg/privacy, which is incorporated into and a part of these terms, govern the use of the Mina mobile application and the associated tools and services.

Collectively, the application and the associated tools and services are referred to as the "Services" in these terms. The operator may offer other products and services.

The Services do not include outside websites 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. These outside platforms may include, but are not limited to:

• The Hyperliquid protocol and interface at app.hyperliquid.xyz
• Privy authentication services at privy.io
• Third-party wallet providers
• Blockchain networks and protocols

The operator is not responsible for any transactions on other platforms and disclaims all liability for such transactions.

These terms include important provisions governing your use of the Services. These provisions affect such matters as your right to use the Services, actions you are prohibited from taking with respect to the Services, disclaimers regarding liability, and your waiver of the right to bring a suit in a court of law and to a jury trial, and the requirement that any dispute between you and the operator be resolved by binding individual arbitration.

Area21 Labs LLC, a limited liability company, operates the Services. It and its affiliates are referred to in this document as the "operator," "we," or "us."

These terms include a number of especially important provisions that affect your rights and responsibilities, such as the disclaimers in the Disclaimers section, limits on the operator's legal liability to you in Limits on Liability, your agreement to reimburse the operator for problems caused by your misuse of the Services in Your Responsibility, and an agreement about how to resolve disputes in the Disputes section.

Using the Services may require that you pay a fee to other users of the Services or to the operator. Using the Services may also require that you pay a fee to parties other than users or the operator, such as gas charges on the blockchain to perform a transaction. You acknowledge and agree that the operator has no control over any such transactions, the method of payment of such transactions or any actual payments of transactions.

Accordingly, you must ensure that you have a sufficient balance of the applicable cryptocurrency tokens stored at your protocol-compatible wallet address to complete any transaction on the blockchain or Services before initiating such transaction.

Subject to these terms, the operator gives you permission to use the Services. You can't transfer your permission to anyone else. Others need to agree to these terms for themselves to use the Services.

Your permission to use the Services is subject to the following conditions:

• You must be at least eighteen years old.
• You are not barred from using the Services under applicable law.
• You may no longer use the Services if the operator tells you that you may not.
• You must follow Acceptable Use and Content Standards.
• You are not a resident, national, or agent of the Crimea region, Cuba, Iran, North Korea, Syria, or any other country to which the United States, the United Kingdom, or the European Union embargoes goods or imposes similar sanctions.
• You have not been identified as a Specially Designated National or placed on any sanctions list by the U.S. Treasury Department's Office of Foreign Assets Control, the U.S. Commerce Department, or the U.S. Department of State; and you will not use our Services to conduct any illegal or illicit activity.
• You have not been placed on any of the following lists: European External Action Service Consolidated Financial Sanctions List; EU Terrorist List; FATF Non-Cooperative Countries and Territories; Federal Bureau of Investigation Most Wanted Terrorists & Seeking Information; Bank of England Sanctions List; HM Treasury Sanctions List; Politically Exposed Persons List; World Bank Ineligible Firms; Department of Foreign Affairs and Trade Consolidated List.

The Mina application is a visual interface for the Hyperliquid protocol (the "Protocol") which comprises open-source software deployed in a permissionless manner. The application provides an interface which allows users to view and administer their interactions with the Protocol.

Certain functionality, including the ability to interact with the Protocol, is not available to users located in the United States and/or certain other jurisdictions.

By accessing the Protocol via the application, users are able to access a digital wallet service allowing users to self-administer their digital assets held, as well as trade digital asset pairs and perpetual contracts directly in a peer-to-peer manner.

All transactions on the Protocol operate in a peer-to-peer manner. Traders on the Protocol enter into a direct contractual relationship with other users and/or supported third party protocols via the autonomous smart contracts underlying the Protocol, and there is no further control by or interaction with the operator. The operator is not a party to this peer-to-peer direct contractual relationship and is not liable for performance of any obligations thereunder.

The application merely provides a visual user interface allowing users to access liquidity provided by liquidity providers but does not act as an agent for any of the users. Although the application is intended to display accurate and timely information regarding possible swaps and transactions, the application or relevant tools/information may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors.

Neither the operator nor the application provides any digital asset exchange or portfolio/fund management services in connection with any transaction. If you choose to engage in transactions on the Protocol, then such decisions and transactions and any consequences flowing therefrom are your sole responsibility.

The application solely functions as a visual user interface. None of the operator, the smart contracts underlying the Protocol, or the application are a digital asset exchange, broker, dealer, fund manager, financial institution, exchange, custodian, robo-advisor, intermediary, or creditor.

The operator reserves the right to suspend or terminate access to the application by any user for any reason whatsoever (including without limitation for a breach of these Terms).

The application and Protocol are non-custodial in nature. As such, neither the application nor Protocol holds or controls your digital assets. Any digital assets which you may acquire through the usage of the application or the Protocol will be held and administered solely by you; you remain in full control of your digital assets, which are not held or controlled in any way by the operator.

We will not create any hosted wallet for you or otherwise custody digital assets on your behalf. Your private keys to your digital wallet/address will be encrypted and stored on your mobile device, and you are solely responsible for safekeeping them.

Neither the operator, the application, nor the Protocol provides any digital asset exchange or portfolio/fund management services. If you choose to engage in transactions with other users via the application or the Protocol, then such decisions and transactions and any consequences are your sole responsibility.

You may not break the law using the Services. This includes breaking any applicable law, rule, or regulation concerning the integrity of trading markets, such as wash trading, spoofing, or any other practice intended to deceive market participants. This also includes money laundering, terrorism financing, proliferation financing, or any other illegal financial activity.

You may not exploit any errors, bugs, vulnerabilities, or unintended features of the Services, or any associated code. This includes attempts to gain any unauthorized access or manipulate transactions.

• You may not use or try to use anyone else's account on the Services without their specific permission.
• You may not buy, sell, or otherwise trade usernames or other unique user or account identifiers on the Services.
• You may not make publicly available the personal information of other people using the Services.
• You may not send advertisements, chain letters, or other solicitations through the Services.
• You may not falsely imply that you're affiliated with or endorsed by the operator.
• You may not disable, avoid, or circumvent any security or access restrictions of the Services, including using VPNs or other methods to conceal your location or misrepresent your residency.
• You may not strain infrastructure of the Services with an unreasonable volume of requests.
• You may not impersonate others through the Services.
• You may not reverse engineer or "decompile" any of the Services.
• You may not encourage or help anyone in violation of these terms.

You may not engage in conduct or submit content to the Services that is illegal, defamatory, offensive, or otherwise harmful to others. This includes conduct or content that is harassing, inappropriate, expressing racial or other bigotry, and/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.

The operator shall have the sole right to determine whether any of the provisions in this section have been violated.

The operator may investigate and prosecute violations of these terms to the fullest legal extent. The operator may notify and cooperate with law enforcement authorities in prosecuting violations of the law and these terms.

The operator reserves the right to change, redact, and delete content on the Services for any reason. The operator may, at any time and in its sole discretion, refuse any transaction, impose limits, or impose any other conditions or restrictions upon your use of the Services, without prior notice.

To provide the Services, the operator uses the following service providers. You authorize us to share your information with these and other service providers as necessary for the provision of the Services.

You agree to reimburse the operator for all the costs of legal claims by others related to your breach of these terms, or breach of these terms by others using your account, or arising out of your use of the Services.

Both you and the operator agree to notify the other side of any legal claims you might have to reimburse the operator for as soon as possible. If the operator fails to notify you of a legal claim promptly, you won't have to reimburse the operator for costs that you could have defended against or lessened with prompt notice.

You agree to allow the operator to take over investigation, defense, and settlement of legal claims you would have to reimburse the operator for, and to cooperate with those efforts. The operator agrees not to enter any settlement that admits you were at fault or requires you to do anything without your permission.

You accept all risk of using the Services and their content. As far as the law allows, the operator provides the Services and its content "as is," without any warranty whatsoever. The operator expressly disclaims, and you expressly waive, any representations, conditions or warranties of any kind, including, without limitation, the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third-party rights.

You confirm that you accept all risk associated with your personal financial, cryptocurrency, and other crypto asset holdings, staking, and transfers. You agree and acknowledge that the operator is not responsible or liable for any loss, harm, or damage, of any kind, related to or arising from your use of the Services.

You accept all risks involving:

• Failures or inaccuracies in cross-chain bridges, oracles, or liquidity pools
• Code vulnerabilities, including potential hacks or exploits
• Significant slippage or other market risks arising from perpetual futures trading
• The risks of trading with leverage, which may lead to immediate and significant losses, including the liquidation of your positions
• Potential regulatory or legal issues affecting blockchain transactions or their enforceability

These terms do not impose any fiduciary duties on the operator. The operator owes no fiduciary duties or liabilities to you or any other party based on your use of the Services.

At any time, your access to your tokens or other cryptocurrency assets may be suspended or terminated or there may be a delay in your access or use which may result in your tokens or other cryptocurrency assets diminishing in value or you being unable to complete a smart contract.

The Services may be suspended or terminated for any or no reason, which may limit your access to your cryptocurrency assets.

The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your digital assets. We cannot guarantee that any users interacting with the Services will not lose money.

Neither the Services, the application, the Protocol nor underlying smart contracts hold in custody, store, send, or receive any of your digital assets. Your digital assets exist only by virtue of the ownership record maintained on the relevant blockchain network.

All smart contracts may contain security vulnerabilities, errors, failures, bugs or economic loopholes which may be exploited by third parties. Interaction with these smart contracts are entirely at your own responsibility and liability.

The operator and its affiliates do not provide investment advice or a recommendation of securities or investments. You should always obtain independent investment and tax advice from your professional advisers before making any investment decisions.

It is your responsibility to determine what, if any taxes may apply to the transactions you complete under the Services and it is your responsibility to report and remit the appropriate tax to the relevant taxing authorities.

Digital assets are not legal tender, are not backed by the government, and are not subject to any deposit insurance scheme or protections under any banking or securities laws. The operator is not a bank and does not offer any lending services, fiduciary services, or security broking services.

As far as the law allows, neither you nor the operator will be liable to the other for any: (1) financial losses; (2) loss of use, data, business or profits; or (3) indirect, special, consequential, exemplary, punitive, or any other damages arising out of or relating to the Services or these Terms of Service.

Both you and the operator acknowledge that the limitations of liability in this section are material provisions of these Terms of Service, and that absent those limitations of liability, one or both of the parties would have declined to enter into the Terms of Service.

The cumulative total liability of both you and the operator, for any and all breaches of these Terms of Service, is not to exceed one thousand US Dollars ($1,000.00 USD) OR the amount paid by you to the operator as fees for the use of the Services, whichever is smaller.

Either you or the operator may end this agreement at any time. When this agreement ends, your permission to use the Services also ends.

If you violate any provision of this agreement for any reason, this agreement will automatically terminate and you must cease and desist from any further use of the Services.

Any provisions of this agreement that by their nature should survive the termination of this agreement will survive the termination of this agreement.

The law of Delaware will govern these terms and all legal proceedings related to these terms or your use of the Services.

We both agree that all disputes related to the Services under these terms, including whether such disputes are arbitrable, will be heard by arbitration. The arbitration will be in English, heard by one arbitrator, and conducted by JAMS.

The arbitration will be conducted under JAMS' Comprehensive Arbitration Rules & Procedures, and in accordance with the Expedited Procedures in those rules. The JAMS rules are available at jamsadr.com.

The arbitrator's judgment will be final and enforceable in any court of competent jurisdiction. The seat of the arbitration will be Delaware, but the arbitration will be conducted remotely to the extent permitted by the arbitration rules in effect.

We both agree to maintain the confidential nature of any arbitration proceeding and any award.

If, for any reason, a dispute is heard in a court of law, both sides agree to bring any proceedings related to this agreement only in courts of competent jurisdiction in Delaware. Neither you nor the operator will object to jurisdiction, forum, or venue in those courts.

Both sides waive their rights to trial by jury, and agree to bring any legal claims related to this agreement as individuals, not as part of a class action or other representative proceeding.

If a section of these terms is unenforceable as written, but could be changed to make it enforceable, that section should be changed to the minimum extent necessary to make it enforceable. Otherwise, that section should be removed, and the others should be enforced as written.

You may not assign this agreement. The operator may assign this agreement to any affiliate of the operator, any other company that obtains control of the operator, or any other company that buys assets of the operator related to the Services.

Neither the exercise of any right under this agreement, nor waiver of any breach of this agreement, waives any other breach of this agreement.

These terms, plus the terms on any Services incorporating them by reference, are all the terms of agreement between you and the operator about use of the Services. This agreement entirely replaces any other agreements about your use of the Services, written or not.

You may notify the operator under these terms, and send questions to the operator, at support@mina.gg.

The operator may notify you under these terms using the e-mail address you provide for your account on the Services, or by posting a message to the application.

The operator may update the terms of service for the Services. The operator will post all updates to the Services.

Once you get notice of an update to these terms, you must agree to the new terms in order to keep using the Services.