Terms of Service

Lightscale Holdings Pte. Ltd. (“Lightscale,” “we,” “us,” or “our”) provides a website-hosted user interface (the “Interface”) for accessing Kroma, a ZK and optimistic hybrid rollup protocol on the Ethereum blockchain (the “Protocol”), and related content and functionality to you through our websites located at lightscale.io, Kroma Site and any other website operated by Lightscale on which these Terms of Service are posted (collectively, the “Site”) and through our related technologies (collectively, the Interface, Protocol and Site, including all existing and any updated or new features, functionality and technology, the “Service”). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site, the Interface, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are using the Service on behalf of an entity or other organization, you are agreeing to these Terms of Service for that entity or organization and representing to Lightscale that you have the authority to bind that entity or organization to these Terms of Service (and, in which case, the terms “you” and “your” will refer to that entity or organization). If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

PLEASE NOTE THAT YOUR USE OF THE INTERFACE IS SUBJECT TO THE INTERFACE TERMS. IF YOU DO NOT AGREE TO ALL OF THE INTERFACE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE THE INTERFACE IN ANY MANNER.

Your Privacy: For more information regarding our collection, use and disclosure of personal data and certain other data, please see our Privacy Policy, located at kroma.network/privacy-policy (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of Personal Data and other data as outlined therein.

Additional Terms: In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Legal Compliance:You represent that your access and use of the Service will fully comply with all applicable laws and regulations, and that you will not access or use the Service to conduct, promote, or otherwise facilitate any illegal activity.

Credentials: You are responsible for maintaining the confidentiality of your credentials and are fully responsible for any and all activities that occur under your credentials.

Modifications to Service: Lightscale reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Lightscale will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Your Apps: As between Lightscale and you, you will be solely responsible for your applications (“Your Apps”), including their development, operation, maintenance and all related content and materials.

User Conduct:

‍You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you have received your parent’s or guardian’s permission to use the Interface and have gotten your parent or guardian to agree to the Interface Terms on your behalf). If you are agreeing to the Interface Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to the Interface Terms on that organization’s or entity’s behalf and bind them to the Interface Terms (in which case, the references to “you” and “your” in the Interface Terms, except for in this sentence, refer to that organization or entity).
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Lightscale, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Site or Your Apps or by emailing or otherwise making available to other users of the Site (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Lightscale. Lightscale reserves the right to investigate and take appropriate legal action against anyone who, in Lightscale’s sole discretion, violates this provision, including reporting the violator to law enforcement authorities. You agree to not use the Service or Your Apps to:

1. distribute any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Lightscale, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Lightscale or its users to any harm or liability of any type;
2. seek to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including the deployment of viruses and denial of service attacks;
3. violate any applicable local, state, national, or international law, or any regulations having the force of law, including any laws or regulations concerning the integrity of trading markets (e.g., manipulative tactics commonly known as spoofing and wash trading) or trading of securities or derivatives;
4. violate (a) any law or regulation, including, without limitation, any applicable sanctions laws, export control laws, securities laws, anti-money laundering laws, privacy laws or (b) any other purpose not reasonably intended by us;
5. engage in any activity that seeks to defraud us or any other person or entity, including providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another;
6. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
7. solicit personal information from anyone under the age of 18;
8. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; or
9. further or promote any criminal activity or enterprise or provide instructional information about illegal activities.

No Professional Advice and No Fiduciary Duties

All information provided by the Service is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in the Service. Before you make any financial, legal, or other decisions involving the Service, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.

These Terms of Service are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms of Service.

Intellectual Property Rights

Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Lightscale Holdings Pte. Ltd. (e.g., to the extent any of the Protocol is made available under an open source license), you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

Trademarks: The Lightscale Holdings Pte. Ltd. name and logos are trademarks and service marks of Lightscale Holdings Pte. Ltd.(collectively the “Lightscale Holdings Pte. Ltd. Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Lightscale Holdings Pte. Ltd.. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Lightscale Holdings Pte. Ltd. Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Lightscale Holdings Pte. Ltd. Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will Lightscale Holdings Pte. Ltd. be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Lightscale Holdings Pte. Ltd. does not pre-screen content, but that Lightscale Holdings Pte. Ltd. and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Site. Without limiting the foregoing, Lightscale Holdings Pte. Ltd. and its designees will have the right to remove from the Site any content that violates these Terms of Service or is deemed by Lightscale Holdings Pte. Ltd., in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content: You represent and warrant that you own all right, title and interest in and to such User Content that you make available via the Site, including all copyrights and rights of publicity contained therein. You hereby grant Lightscale Holdings Pte. Ltd. and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use such User Content in connection with the operation of the Site. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

You hereby authorize Lightscale Holdings Pte. Ltd. and its third-party service providers to derive statistical and usage data relating to your use of the Site (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Lightscale are non-confidential and Lightscale will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

You acknowledge and agree that Lightscale Holdings Pte. Ltd. may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Lightscale Holdings Pte. Ltd., its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Third-Party Services

The Service provides access to services, sites, technology, applications and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party. Lightscale Holdings Pte. Ltd. has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Lightscale Holdings Pte. Ltd., will be responsible for any and all costs and charges associated with your use of any Third-Party Services. The integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Lightscale Holdings Pte. Ltd. will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

Indemnification and Release

You agree to defend, indemnify, and hold harmless Lightscale Holdings Pte. Ltd., its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Lightscale Holdings Pte. Ltd. Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, Your Apps, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. Lightscale Holdings Pte. Ltd. will provide notice to you of any such claim, suit, or proceeding. Lightscale Holdings Pte. Ltd. reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Lightscale Holdings Pte. Ltd.’ defense of such matter. You may not settle or compromise any claim against the Lightscale Holdings Pte. Ltd. Parties without Lightscale Holdings Pte. Ltd.’ written consent.

You expressly agree that you assume all risks in connection with your access and use of the Service, including your interaction with the Protocol. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Service, including your interaction with the Protocol. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Assumption of risk

‍ ‍By using the Interface, you (a) represent that you are sophisticated enough to understand the various inherent risks of using cryptographic and public blockchain-based systems, including but not limited to the Interface, the Protocol, and digital assets such as bitcoin (BTC), ether (ETH), and other digital tokens such as those following the ERC-20 Ethereum token standard, and (b) acknowledge and accept all such risks, and agree that we make no representations or warranties (expressly or implicitly) regarding, and that you will not hold us liable for those risks, including but not limited to the risks described below, any or all of which could lead to losses and damages, including the total and irrevocable loss of your assets.

1. Wallet security and safekeeping. You are solely responsible for the safeguarding and security of your Web3 wallets. If you lose your wallet seed phrase, private keys, or password, you may be forever unable to access your digital assets. Any unauthorized access to your wallet by third parties could result in the loss or theft of your digital assets. We have no involvement in, or responsibility for, storing, retaining, securing or recovering your Web3 wallet seed phrases, private keys, or passwords, or for any unauthorized access to your Web3 wallet.
2. Blockchain technology. Public blockchains, and the technology underlying and interacting with cryptographic and public blockchain-based systems, are experimental, inherently risky, and subject to change. Among other risks, bugs, malfunctions, cyberattacks, or changes to a particular public blockchain (e.g., via forks) could disrupt these technologies irreparably. There is no guarantee that any of these technologies will not become unavailable, degraded, or subject to hardware or software errors, operational or technical difficulties, denial-of-service attacks, other cyberattacks, or other problems requiring maintenance, interruptions, delays, or errors.
3. Network cost and performance. The cost, speed, and availability of transacting on public blockchain systems are subject to significant variability. There is no guarantee that any transfer will be confirmed or transferred successfully.
4. Blockchain transactions and smart contract execution. Public blockchain-based transactions (including but not limited to transactions automatically executed by smart contracts) are generally considered irreversible when confirmed. Any transaction that will interact with smart contracts or be recorded on a public blockchain must be recorded with extreme caution.
5. Digital assets. The markets for digital assets are nascent and highly volatile due to various risk factors including (but not limited to) adoption, speculation, technology, security, and regulation. Digital assets and their underlying blockchain networks are complex emerging technologies that may be subject to delays, halts or go offline as a result of errors, forks, attacks or other unforeseeable reasons. Anyone can create a digital asset, including fake versions of existing digital assets and digital assets that falsely claim to represent projects. So-called stablecoins may not be as stable as they purport to be, may not be fully or adequately collateralized, and may be subject to panics and runs. You are solely responsible for understanding the risks specific to each digital asset that is relevant to you.
6. Bridging. In addition to being an especially novel and untested implementation of blockchain technology in general, cross-blockchain bridging technology has historically been, and may in the future be, the subject of numerous cyberattacks and exploits, including without limitation, hacks that exploit a vulnerability in the associated software, hardware, systems or other equipment or social engineering to gain control of the any bridge components, wallets, smart contracts or other related systems.
7. Third Party Risks. Third-party products carry their own individual, oftentimes highly significant risks. When you use the Interface to interact with any third-party products, you are subject to all of those risks.
8. Tax and compliance. Digital assets may be subject to taxation. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct in connection with your use of the Interface, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
9. Legislative and regulatory risks. Digital assets, blockchain technology, and any related software and services are subject to legal and regulatory uncertainty in the United States and other jurisdictions. Legislative and regulatory changes or actions may adversely affect the usage, transferability, transactability and accessibility of digital assets, bridging, the Protocol, or the Interface.

In summary, by using the Interface, you represent that you understand, and agree to accept full responsibility for all of the risks. That includes, but is not limited to, those listed above.

Limitation of liability

‍TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL Lightscale PARTIES OR ANY OF THEM BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR: (a) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION; (b) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (c) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS; OR (D) ANY MATTER BEYOND THE REASONABLE CONTROL OF Lightscale PARTIES OR ANY OF THEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimers

‍THE INTERFACE IS PROVIDED BY US ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT AVAILABILITY, ACCESSIBILITY, OR USE OF THE INTERFACE WILL BE UNINTERRUPTED OR ERROR-FREE.

WE LIKEWISE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOCOL, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT AVAILABILITY, ACCESSIBILITY, OR USE OF THE PROTOCOL WILL BE UNINTERRUPTED OR ERROR-FREE.

Dispute Resolution; Arbitration. ‍

‍Please read carefully the following arbitration agreement (this “Arbitration Agreement”). It requires you to arbitrate disputes with Lightscale Holdings Pte. Ltd. and limits the manner in which you can seek relief from us.

1. Applicability of this Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to the Interface Terms or to any aspect of your relationship with Lightscale, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims or seek relief in small claims court if your claims qualify, and (ii) you or Lightscale may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of the Interface Terms or any prior version of the Interface Terms.
2. Arbitration rules and forum.The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to legal@kroma.network. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at&npsp;http://www.jamsadr.com/rules-comprehensive-arbitration/ . JAMS’s rules are also available at http://www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require Lightscale to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules and applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, Lightscale will pay the remaining filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorney’s fees in certain cases. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions in accordance with JAMS Rule 24 for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11). The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before JAMS, the arbitrator, or a court of competent jurisdiction.
3. Authority of arbitrator. The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement, and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, provided that the arbitrator shall also be empowered to consolidate claims raised between the same parties to a single arbitration proceeding. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
4. Waiver of jury trial. YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 16a (Applicability of this Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
5. Waiver of class or other non-individualized relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the courts of the Cayman Island. All other disputes, claims, or requests for relief shall be arbitrated.
6. 30-day right to opt out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to legal@kroma.network within 30 days after you first access the Interface. Your notice must include your name and address, the Web3 Wallet address used to connect to the Interface (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, (i) all other parts of this Arbitration Agreement will continue to apply to you, and (ii) Lightscale will not be bound by this Arbitration Agreement. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
7. Severability. Except as provided in Section 16e (Waiver of class or other non-individualized relief), if any part or parts of this Arbitration Agreement are held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such specific part or parts shall be eliminated or limited to the minimum extent such that the remainder of the Arbitration Agreement shall continue in full force and effect.
8. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
9. Modification. Notwithstanding any provision in the Interface Terms to the contrary, we agree that if we make any future material change to this Arbitration Agreement, you may reject that change within 30 days of such change becoming effective by writing us at legal@kroma.network  and expressly opting out of this Arbitration Agreement.
10. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Lightscale will have no liability or responsibility with respect thereto. Lightscale reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.