Terms of Service

Section 1. Introduction

These Terms of Service (the "Terms") govern your access to and use of the Holos service (the "Service"), provided by TradeVault Inc., a company incorporated in the Independent State of Samoa, located at Level 1, ACC Building, Beach Road, Matafele, Apia, Samoa ("Holos," "we," or "us"). By using our website at https://holos-market.com/ and related social media platforms (including Facebook, X (formerly Twitter), Discord, Instagram), you agree to be bound by these Terms.

Specific features of the Service may be subject to additional terms ("Supplemental Terms"). In the event of any conflict between these Terms and the Supplemental Terms, the Supplemental Terms shall prevail with respect to the applicable service.

By accessing our website, purchasing Holos NFTs, using third-party payment gateways, requesting delivery, or participating in the community, you are deemed to have agreed to these Terms in full. If you do not agree, you must not use the Service.

⚠️ Important Notices

• Holos acts as a platform intermediary for buying and selling NFTs and physical assets. Unless explicitly stated, Holos is not a party to the transaction.

• Section 20 outlines mandatory arbitration for dispute resolution.

• Section 6 includes your consent to receive electronic notifications.

• By connecting a wallet or registering, you confirm your acceptance of these Terms.

• Our use of your personal data is governed by our Privacy Policy. Submission of data to Holos constitutes agreement to that policy.

• Holos reserves the right to modify these Terms without prior notice. Continued use of the Service following any such update constitutes acceptance of the revised Terms.

Section 2. Overview of the Service

Holos, operated by TradeVault Inc. (a Samoa entity), is a marketplace platform that enables the issuance, trading, and management of NFTs ("Holos NFTs") linked to real-world physical assets ("Underlying Assets").

Each Holos NFT corresponds to a unique Underlying Asset, securely managed through Holos’ custodial asset service. Holos provides the technical infrastructure allowing NFT holders to claim, transfer, or manage their rights to the Underlying Asset.

Upon initial sale, the Underlying Asset is transferred to Holos’ partnered storage facility, and the asset-to-NFT link is recorded in our system. When a user acquires an NFT, associated rights concerning the Underlying Asset are also transferred to the buyer.

NFT holders may choose from the following options:

• Retain the NFT and continue using Holos’ custodial asset management service

• Resell the NFT to a third party via the Holos marketplace or compatible platforms

• Burn the NFT and request shipment of the associated asset

Unless Holos is explicitly identified as the seller, Holos is not the owner or buyer of any listed goods—it functions solely as a platform intermediary.

Price indicators shown on Holos are for reference only and do not constitute guaranteed valuations. These may vary depending on market conditions.

Users must connect their own blockchain wallet to purchase or hold NFTs. Holos does not control your wallet or possess any private keys. All transactions are recorded on the blockchain and initiated by users directly.

Section 3. Purchase and Sale of Holos NFTs

Holos NFTs represent ownership or usage rights of the corresponding Underlying Asset. Purchasers ("Buyers") acquire NFTs under the terms presented at the point of sale.

3-1. Pricing and Payment

The sale price of Holos NFTs is based on the listed price or seller's conditions. Payments must be made in designated cryptocurrencies (e.g., SOL, ETH). Once a purchase is confirmed, neither cancellation nor currency changes are permitted.

Buyers are responsible for:

• The full amount in the specified cryptocurrency

• Applicable gas fees ("Gas Fees")

• Fees from external payment providers

• Any applicable taxes or regulatory charges

Gas Fees refer to blockchain computation costs that fluctuate based on network congestion. Holos neither receives nor manages these fees.

3-2. Ownership Transfer and Minting

For initial sales, NFTs are minted directly to the user’s connected wallet at the time of purchase. In secondary market sales, NFTs are transferred from seller to buyer. Holos facilitates these transactions but does not retain ownership of any NFTs.

Inventory availability is dynamic. Transactions may be automatically canceled if the NFT is no longer available at the time of order.

3-3. Payment Processing and Default

Holos may use third-party payment processors. Any payments made through such providers are subject to their terms of service.

If payment is not received, Holos reserves the right to cancel the transaction and bears no responsibility for any resulting losses.

3-4. Role of Holos in Secondary Market Transactions

In user-to-user transactions, Holos may act as an agent to collect and remit payments on behalf of sellers, deducting applicable fees and taxes. Once Holos receives payment, the buyer’s obligation is considered fulfilled.

Holos reserves the right to update supported blockchain networks or accepted currencies at any time.

Section 4. Secondary Market Transactions of Holos NFTs

Holos NFTs may be eligible for resale ("Secondary Sales") by users on compatible external NFT marketplaces. However, not all platforms are guaranteed to support Holos NFTs, and their availability or functionality depends on the external service provider.

4.1 Conditions and Responsibilities of Secondary Sales

Users may list, sell, trade, or transfer their Holos NFTs via smart contract-enabled marketplaces that support such activity. In these cases, Holos is not:

・A party to the transaction;

・Responsible for the establishment, execution, or terms of the contract;

・Liable for verifying the authenticity, legality, or accuracy of the NFT or any associated rights.

Even if Holos receives platform fees or royalties from such secondary transactions, Holos shall not be held liable for any disputes, losses, or damages incurred from these transactions.

4.2 Dispute Disclaimer

Holos does not mediate or bear responsibility for any disputes or claims between buyers and sellers, including but not limited to:

・Authenticity, quality, or description of the NFT;

・Ownership, transfer completion, or related rights;

・Delayed payments or delivery failures.

Users are solely responsible for conducting due diligence before participating in any secondary NFT transaction. Holos does not provide guarantees, insurance, or mediation services for such dealings.

4.3 Holos Fee (Secondary Market Commission)

Holos may charge a transaction fee ("Holos Fee") on secondary sales of Holos NFTs. This fee is typically deducted automatically from the purchase amount paid by the buyer.

・The rate and method of Holos Fee collection are subject to change at Holos’s sole discretion.

・This fee may be used to support platform development, ongoing maintenance, and creator royalties.

Section 5. User Representations, Agreements, and Warranties

By using the Holos Service, you ("User") agree to the following terms and affirm the truth of the statements listed below. These representations are a condition for continued access to the platform.

5.1 Eligibility and Accurate Information

You represent and warrant that:

・You possess the legal capacity to enter into binding agreements in your jurisdiction (typically 18 years or older).

・You will provide accurate, complete, and up-to-date information when registering, connecting your wallet, purchasing, or selling on Holos.

・You will promptly update your information if any changes occur.

5.2 Wallet Ownership and Security

You affirm that:

・The wallet you connect to Holos is under your sole and legitimate control.

・You are fully responsible for securing your private keys and recovery phrases; Holos does not and cannot access or recover these credentials.

・If you detect or suspect unauthorized access or any security breach, you will immediately notify Holos.

5.3 Prohibited Activities

You agree not to engage in any of the following:

・Use another person’s wallet or identity without authorization.

・Register or transact using false or misleading information.

・Interfere with or disrupt the Holos Service or other users' experiences.

・Access Holos using bots, scrapers, or other automated tools.

・Participate in fraudulent trades, market manipulation, wash trading, front-running, or price spoofing.

・Use Holos for unregistered securities offerings or fundraising activities (e.g., unauthorized ICOs).

・Use the platform for money laundering, terrorism financing, or any unlawful purpose.

5.4 Understanding of Blockchain Transactions

You understand and accept that:

・All transactions conducted via blockchain are public and transparent, including wallet addresses, transaction history, and NFT ownership.

・The integrity and legality of your transactions are solely your responsibility.

5.5 Legal Representations

You represent and warrant that:

・You are not a resident or citizen of a country under international sanctions or on any prohibited list.

・Your activities on Holos do not infringe upon the rights of third parties.

・Your use of the Service is in full compliance with all local, national, and international laws and regulations.

・You agree to comply with this Terms of Service, the Privacy Policy, and any other policies published by Holos.

Section 6. Consent to Electronic Communications

By using the Holos Services, you consent to receive communications from Holos in electronic form. These communications may include, but are not limited to:

・Notices regarding your account or transactions (e.g., confirmations, password changes);

・Updates to these Terms of Service or the Holos Privacy Policy;

・Information relating to technical issues, system maintenance, promotional offers, or critical service updates.

6.1 Valid Communication Channels

・Email sent to the address associated with your user account;

・Notices posted within the Holos website or application;

・Public announcements on Holos-operated official social media accounts, including but not limited to Discord, X (formerly Twitter), or Instagram;

・Where appropriate, cryptographically signed messages sent to the wallet address you have connected to the Holos platform.

6.2 Legal Equivalence

You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

6.3 Recordkeeping and Responsibility

Holos does not undertake any obligation to retain copies of previous electronic communications. You acknowledge and agree that it is your sole responsibility to retain copies of any communications that are important to you, whether by printing or electronically storing them in a secure and accessible manner.

Section 7. Ownership

7.1 Ownership of the Service and Content

All rights, title, and interest in and to the Holos platform, including but not limited to the website design, user interface, text, graphics, images, logos, trademarks, service marks, software, data, audio, video, and other materials (collectively, the “Content”) are and shall remain the exclusive property of Holos (TradeVault Inc.) or its licensors, and are protected by applicable intellectual property laws.

This includes, but is not limited to:

・The "Holos" name and logo;

・Website layout, code, UI/UX elements, and smart contract infrastructure;

・Marketing materials and any original works created by Holos.

You acknowledge and agree that the Content is licensed, not sold, to you, and no ownership interest is transferred under these Terms.

7.2 Restrictions on Use

Except as expressly permitted by Holos in writing, you may not:

・Copy, reproduce, modify, republish, upload, post, transmit, resell, or distribute any part of the Content in any form or by any means;

・Use any Holos trademarks, logos, or proprietary branding without prior written authorization;

・Use metatags or other hidden text containing the Holos name or trademarks;

・Frame or mirror any part of the Services or Content without express permission;

・Use bots, data scrapers, or automated tools to collect or harvest data from the platform.

Violation of these restrictions may result in termination of access and/or legal liability.

7.3 Third-Party Marks

Trademarks, logos, and service marks appearing on the platform that are not owned by Holos are the property of their respective owners. Nothing in these Terms grants you any right or license to use such third-party marks.

7.4 Feedback

If you submit any ideas, suggestions, enhancements, proposals, or feedback to Holos (“Feedback”), you agree that:

・Holos is under no obligation to keep such Feedback confidential;

・Holos may use, reproduce, modify, publish, license, distribute, or commercialize the Feedback in any way, without any compensation to you;

・You grant Holos a worldwide, royalty-free, non-exclusive, irrevocable, perpetual, sublicensable, and transferable license to use the Feedback for any lawful purpose.

You represent that you have the legal right to provide such Feedback and that it does not infringe the rights of any third party.

Section 8. License to Our Service and Content

8.1 Limited License Grant

Subject to your full compliance with these Terms, Holos (TradeVault Inc.) grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Service and Content solely for your personal, non-commercial use.

This license:

・Does not grant you ownership of any part of the Service or Content;

・Does not allow you to modify, reproduce, distribute, or publicly display the Content without explicit written permission from Holos;

・Is conditioned upon your continued compliance with these Terms and applicable laws.

8.2 Prohibited Uses

You agree not to engage in any of the following prohibited activities:

・Resell, lease, lend, sublicense, or otherwise commercially exploit the Service or Content;

・Reproduce, distribute, publicly perform, or create derivative works based on the Content without authorization;

・Use data mining tools, bots, crawlers, or similar automated tools to access or copy the Content;

・Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying structure of any part of the Service;

・Circumvent, disable, or interfere with any security-related features of the Service.

Any unauthorized use of the Service or Content may result in immediate suspension or termination of your access and may violate applicable intellectual property and other laws.

8.3 Permitted Linking

Holos may, at its sole discretion, allow you to create text hyperlinks to publicly available portions of the Service, provided that such links:

・Do not misrepresent or falsely imply any affiliation or sponsorship by Holos;

・Do not contain or link to any defamatory, obscene, or unlawful material;

・Do not damage the reputation of Holos or its affiliates.

Holos reserves the right to revoke linking permission at any time without notice.

8.4 Service Modifications and Access Limitations

Holos reserves the right, without notice or liability, to:

・Modify, suspend, or discontinue the Service or any part thereof;

・Restrict access to certain features or areas of the Service;

・Reclaim or repossess NFTs or Content in cases of violations of these Terms, including via smart contract mechanisms.

Holos shall not be liable for any loss of access or data resulting from such modifications or restrictions.

Section 9. User Content

9.1 User Content Submission

You may have the opportunity to submit, post, upload, or otherwise make available content through the Service or associated platforms (e.g., social media, forums, NFT listings). This content may include text, images, metadata, comments, reviews, and other materials (collectively, “User Content”).

9.2 License Grant to Holos

By submitting User Content, you grant Holos a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, display, distribute, adapt, modify, and otherwise exploit such User Content for the following purposes:

・Operating and providing the Service;

・Marketing, promotion, and public display (subject to your privacy settings);

・Improvement and analysis of the Service and related technologies.

This license survives the termination of your account or use of the Service but does not grant Holos ownership of your content.

9.3 License to Other Users

You also grant other users of the Service a limited, non-exclusive license to access, use, and interact with your User Content via the functionality of the Service and in accordance with these Terms.

9.4 Responsibility for User Content

You are solely responsible for the User Content you submit. By submitting content, you represent and warrant that:

・You own or have lawful rights to use the content;

・The content does not infringe on any intellectual property or privacy rights of others;

・The content is not defamatory, misleading, unlawful, or otherwise prohibited by law.

Holos reserves the right, but not the obligation, to review, remove, or disable access to any User Content at its sole discretion, without notice, for any reason or no reason.

Section 10. Third-Party Services and Terms

10.1 Integration with Third-Party Services

The Service may contain links or integrations to third-party websites, applications, smart contracts, APIs, or services (collectively, “Third-Party Services”). These may include, without limitation:

・Crypto wallet providers and payment gateways;

・NFT marketplaces and secondary trading platforms;

・Blockchain explorers and analytics tools;

・Social media platforms and community tools.

Your interactions with Third-Party Services are governed solely by the terms and conditions and privacy policies of those third parties.

10.2 No Endorsement or Control

Holos does not control or endorse, and is not responsible for, any Third-Party Services. Holos makes no warranties or representations regarding the legality, quality, reliability, or security of any Third-Party Services. You access and use Third-Party Services at your own risk.

10.3 Links Provided for Convenience

Any links provided by Holos are for convenience only and do not imply endorsement or affiliation. Holos shall not be liable for any content, terms, or policies of such Third-Party Services, nor for any damage or loss caused by their use.

10.4 Your Responsibility

Before using any Third-Party Services, you are solely responsible for:

・Reviewing and accepting the applicable terms and privacy policies;

・Ensuring compatibility and security of such services with your own digital assets and wallets;

・Maintaining the confidentiality of your credentials and protecting your private keys.

Holos is not liable for any losses or damages arising from your use of or reliance on Third-Party Services.

Section 11. Acceptable Use Policy

To maintain a safe and fair environment, users of the Holos Service agree not to engage in any of the following prohibited activities:

11.1 Unauthorized Access and Misuse

・Accessing or using another user's wallet or account without permission.

・Creating accounts using false identities, fake information, or impersonating others.

・Circumventing or attempting to circumvent security or authentication measures.

11.2 Service Disruption

・Engaging in activity that disrupts, overloads, or otherwise harms the Service or its servers.

・Using bots, automated scripts, or other methods to scrape, extract, index, or collect data from the Service.

・Attempting to reverse engineer, decompile, or otherwise tamper with any part of the Service, including smart contracts.

11.3 Market Manipulation and Fraud

・Participating in wash trading, front-running, pump-and-dump schemes, or any form of market manipulation.

・Making misleading claims or creating fake listings related to NFTs or other digital/physical assets.

・Using the platform to launder funds or engage in unlawful financial activities.

11.4 Illegal or Harmful Behavior

・Using the Service for any illegal purpose, including the financing of terrorism or distribution of illegal content.

・Uploading or distributing content that is abusive, defamatory, obscene, hateful, discriminatory, or otherwise objectionable.

・Violating any applicable laws or regulations in your jurisdiction.

11.5 Sanctions and Enforcement

Holos reserves the right to investigate violations and take any necessary actions, including:

・Suspending or terminating user accounts;

・Removing NFTs or listings;

・Blocking access to the platform;

・Reporting violations to legal authorities if required.

Section 12. Copyright Infringement Policy

Holos respects the intellectual property rights of others and expects users to do the same. We respond to valid Digital Millennium Copyright Act (DMCA)-style notices.

12.1 Reporting Infringement

If you believe that any content on the Holos platform infringes your copyright, you may submit a notice to Holos including the following:

・Your name and contact information;

・A description of the copyrighted work you claim is infringed;

・The specific content or NFT allegedly infringing, including its location (e.g., URL);

・A statement that you have a good faith belief the use is unauthorized;

・A declaration that the information is accurate, and that you are the copyright owner or authorized agent;

・Your signature (physical or electronic).

Submit notices to: [e-mail]

Subject: Copyright Agent

12.2 Removal of Content

Upon receiving a valid takedown notice, Holos may remove or disable access to the infringing content and notify the affected user. Repeat infringers may have their accounts terminated.

Section 13. Investigations

Holos reserves the right to investigate suspected violations of this Terms of Service or any applicable laws.

13.1 Authority to Investigate

Holos may monitor or review accounts, transactions, user content, and interactions within the platform in order to:

・Detect, prevent, or address any breach of the Terms;

・Comply with legal or regulatory obligations;

・Protect the integrity and security of the Service;

・Prevent fraud, abuse, or malicious activity.

Investigations may include the use of internal or external legal, technical, or investigative resources.

13.2 Cooperation with Law Enforcement

Where required by law or in Holos’s sole discretion, Holos may share information with:

・Law enforcement agencies;

・Tax and regulatory authorities;

・Courts or legal representatives;

・Parties affected by suspected violations.

Holos may report any unlawful behavior or credible threat without notifying the user beforehand.

13.3 Disclosure of Information

Information subject to disclosure may include:

・User registration data;

・Wallet addresses, transaction history;

・Messages, uploaded content, and feedback;

・Metadata related to NFT activity or blockchain records.

13.4 Privacy and Consent

By using the Service, you acknowledge and agree that:

・Holos has the right to investigate and access your data if there is reasonable cause;

・Holos may collect or share such information without prior notice where legally permitted;

・You do not have an expectation of privacy in any communications or actions conducted on the Service.

Section 14. Release

You agree to release and forever discharge Holos, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, successors, and assigns (collectively, "Holos Parties") from any and all claims, demands, causes of action, losses, liabilities, damages, and expenses (including attorneys’ fees), known or unknown, arising out of or in any way related to:

14.1 Scope of Release

・Your access to or use of the Service;

・Any interactions with other users or third-party services;

・Issues or losses arising from external factors beyond Holos’s control;

・Inability to access, use, or retrieve NFTs, assets, or other platform services.

14.2 Waiver of Future Claims

This release includes claims you may not be aware of at the time of agreeing. You expressly waive any rights you may have under equivalent provisions of law in any jurisdiction, including the civil law principles of the Independent State of Samoa, to the extent permissible.

14.3 Assumption of Risk

You acknowledge that use of Holos and participation in NFT or blockchain-related activities involve risks—technical, legal, or financial—which you accept fully and voluntarily. Holos disclaims any liability for losses arising from such risks.

Section 15. Risk Assumption Related to Holos NFTs

By accessing and using the Holos platform, you acknowledge and accept the following risks associated with digital assets, NFTs, and blockchain-based services. You agree to bear all such risks solely and entirely.

15.1 Tax Responsibility

You are solely responsible for determining and fulfilling any tax obligations that may arise from your purchase, holding, sale, or transfer of Holos NFTs. Holos does not offer legal or tax advice and bears no responsibility for your tax compliance.

15.2 Blockchain-Based Existence

Holos NFTs exist only on blockchain networks (e.g., Solana, Ethereum). They are not physical goods and cannot be accessed or transferred except via your associated wallet address on the applicable blockchain.

15.3 Technical Risks

You understand and accept the technical risks inherent in digital systems, including:

・Hardware or software failures;

・Connectivity issues;

・Viruses, malware, or harmful code;

・Unauthorized access or phishing attacks targeting your wallet.

15.4 Legal and Regulatory Uncertainty

Blockchain and NFT-related regulations are evolving globally. Legal or policy changes may impact your ability to use or benefit from Holos NFTs or services. Holos is not liable for any such regulatory impact.

15.5 Content and Authenticity Risk

Some NFTs may be user-generated or reference third-party content. Risks include:

• Fraudulent, misrepresented, or counterfeit NFTs;

• Bugs in metadata or smart contracts;

• Legal restrictions that make an NFT non-transferable or unviewable.

15.6 Delisting and Visibility

Holos reserves the right to delist or hide NFTs that violate policy or law. You acknowledge that NFTs may become invisible or inaccessible on the platform without compensation or recourse.

15.7 No Guarantee of Authenticity or Value

Holos makes no warranties regarding:

• The authenticity or originality of any NFT;

• Future value, resale potential, or scarcity;

• Any merchantability or fitness for the purpose of the digital asset.

Section 16. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Holos and its affiliates, parent entities, officers, employees, contractors, agents, successors, and assigns (“Holos Parties”) from and against any and all liabilities, losses, damages, claims, costs, and expenses, including reasonable legal fees, arising out of or related to:

16.1 Covered Events

・Your use or misuse of the Service, NFTs, or any content;

・Any transactions or disputes with third parties;

・Feedback, content, or materials you submit or post;

・Violation of this Terms of Service or applicable laws;

・Infringement of third-party rights, including intellectual property;

・Misrepresentation, omission, or misconduct related to your assets or NFTs.

16.2 Your Cooperation

You agree to promptly notify Holos of any claim and cooperate in the defense or settlement process. Holos reserves the right to assume exclusive control of legal defense at its own expense.

16.3 Supplementary Nature

This indemnification obligation applies in addition to any other agreements between you and Holos and shall not be deemed superseded or waived unless explicitly agreed in writing.

Section 17. Tax Compliance and Prohibited Transactions

Holos adopts a zero-tolerance policy toward any form of tax evasion or transaction manipulation. You are solely responsible for ensuring that your activity on the Holos platform complies with all applicable tax laws and regulatory requirements.

17.1 Prohibited Tax-Related Behavior

You agree not to engage in the following prohibited activities:

・Account splitting for price manipulation: Using multiple wallets or accounts to artificially deflate asset pricing to reduce reportable gains.

・Pre-shipment transfers: Transferring NFTs or linked physical assets to different accounts to obscure transaction history or fair value before requesting shipment.

・False declarations: Misreporting, omitting, or disguising the true value or nature of transactions for tax purposes.

17.2 Consequences of Violations

If Holos determines that you have engaged in any prohibited conduct, we reserve the right to:

・Temporarily or permanently suspend or terminate your account;

・Freeze or delist the affected NFTs or assets;

・Report suspected misconduct to tax authorities or regulatory bodies;

・Enforce legal remedies or third-party audits where necessary.

Section 18. Disclaimers

You acknowledge and agree that the Holos services, NFTs, and all related content are provided “as is” and “as available” without warranties of any kind, either express or implied.

18.1 No Warranties

Holos (including its partners, suppliers, and affiliates) expressly disclaims all warranties, including:

・That the Service will be uninterrupted, timely, secure, or error-free;

・That content, NFTs, or services will meet your expectations or requirements;

・That any data will be preserved, error-free, or immune to unauthorized access.

Holos disclaims all implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

18.2 Security and Technology Risks

Holos is not liable for any loss or damage caused by:

・Viruses, malware, or malicious code;

・Bugs, smart contract vulnerabilities, or system failures;

・Internet connectivity or infrastructure issues;

・Transmission of sensitive information over unsecure networks.

18.3 NFT-Related Disclaimers

・Holos does not guarantee the value, authenticity, or legal compliance of any NFT;

・NFTs are intangible assets and may not be recoverable if lost, deleted, or delisted;

・If an NFT becomes hidden or inaccessible on the platform, Holos will not be liable for any losses incurred.

18.4 Third-Party Liability

Holos disclaims responsibility for actions or omissions of any third-party platforms, services, or users. This includes:

・Failed payments or deliveries;

・Disputes over ownership or authenticity;

・Inaccurate or misleading information provided by third parties.

Section 19. Limitation of Liability

To the fullest extent permitted by applicable law, Holos and its affiliates, officers, directors, employees, agents, licensors, or suppliers shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to:

・Loss of profits, revenue, or business opportunities

・Loss of goodwill or reputation

・Loss or corruption of data or digital assets

・Market value depreciation of NFTs or associated assets

・Business interruption, delays, or service outages

・Overpayment of gas fees or transaction costs

・Legal fees or costs arising from third-party claims

This limitation applies whether the claim is based on contract, tort (including negligence), warranty, statute, or any other legal theory—even if Holos has been advised of the possibility of such damages.

19.1 Maximum Liability Cap

If Holos is found liable for any claim, the total amount of our liability to you shall be capped at the greater of:

・One hundred U.S. dollars (USD $100); or

・The total amount of fees paid by you to Holos for the specific transaction giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you.

Section 20. Dispute Resolution

This section governs how disputes between you and Holos will be resolved, favoring arbitration over court litigation.

20.1 Scope of Arbitration

You agree to resolve any dispute, controversy, or claim arising out of or relating to:

・Your access or use of the Holos platform or services;

・Transactions involving NFTs or associated assets;

・Any legal relationship or contract with Holos;

through binding arbitration under the rules of the Samoa International Arbitration Centre (SIAC) or an equivalent arbitral institution recognized in the Independent State of Samoa.

20.2 Exceptions

The following are exempt from arbitration and may be brought before the appropriate courts in Samoa:

・Small claims that fall within the jurisdiction of the Magistrates Court of Samoa;

・Intellectual property disputes seeking injunctive or equitable relief.

20.3 Arbitration Rules & Procedure

・Arbitration shall follow SIAC Rules, or equivalent procedures in effect at the time.

・Arbitration may be conducted in person, virtually, or by written submission.

・You must first send a written notice of the dispute to [e-mail] outlining the issue and intent to arbitrate.

・If you cannot afford arbitration fees, Holos may cover them where deemed reasonable.

20.4 Authority of Arbitrator

The arbitrator has exclusive authority to resolve any dispute relating to:

・The enforceability, interpretation, and scope of this arbitration clause

・Any monetary or equitable remedies (injunctions, orders, etc.)

All arbitration awards may be entered and enforced in any court of competent jurisdiction.

20.5 Waiver of Jury Trial

You and Holos hereby waive any right to a trial by jury for all claims and disputes covered by this agreement.

20.6 Class Action Waiver

You agree that:

・All disputes shall be subject to binding arbitration conducted strictly on an individual basis;

・Class actions, consolidated proceedings, collective claims, or representative actions are expressly prohibited;

・If this class action waiver is determined to be unenforceable under the laws of Samoa, the relevant claim shall be severed and adjudicated exclusively by the Supreme Court of Samoa, in accordance with the laws of the Independent State of Samoa.

20.7 Opt-Out Procedure

If you do not agree to this arbitration clause, you may opt out within 30 days of first agreeing to the Terms by sending an email to [e-mail] with the following details:

・Your full legal name

・Your registered address

・Your email or wallet address

・Statement clearly indicating: “I opt out of the arbitration clause.”

20.8 Severability

If any portion of this arbitration clause is found to be invalid or unenforceable, the remaining sections shall continue in full force.

Section 21. General Provisions

21.1 Export Control Compliance

The software, services, and technologies provided by Holos may be subject to trade and export restrictions under the laws of the Independent State of Samoa and applicable international export control regulations.

You agree that you shall not:

・Export, re-export, distribute, or transfer any Holos software, services, or technology in violation of Samoan export control laws or other applicable international laws;

・Use the Holos services in connection with any individual, entity, or country that is subject to trade sanctions, embargoes, or restrictions listed by the Samoa Ministry of Foreign Affairs and Trade, or any international body to which Samoa is a party.

Holos reserves the right to disclose user data or suspend access to services where required to comply with applicable law, government inquiries, or regulatory directives issued by competent authorities in Samoa or relevant international bodies.

21.2 Governing Law and Jurisdiction

These Terms of Service and your use of Holos services shall be governed by the laws of the Independent State of Samoa, excluding its conflict of law principles.

Any dispute not subject to arbitration (as outlined in Section 20) shall be submitted exclusively to the jurisdiction of the Supreme Court of Samoa, located in Mulinuu, Apia.

21.3 Consumer Protection Contact

If you are a consumer located in Samoa, you may file complaints or inquiries with the following authority:

Samoa Ministry of Commerce, Industry and Labour – Consumer Protection Division　4th Floor, ACC Building

Beach Road, Apia, Samoa

Phone: [phone]

Website: www.mcil.gov.ws

21.4 Modifications or Termination of Service

Holos reserves the right to modify, suspend, or terminate its services at any time, with or without notice. This includes:

・Discontinuation of specific features or functionalities

・Account suspension or termination for any reason, including violations of these Terms

Holos is not liable for any losses or damages resulting from such changes, and no refunds shall be owed for any prepaid services.

21.5 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remainder of the Terms will continue in full force and effect.

21.6 Assignment

You may not assign or transfer any rights or obligations under these Terms without Holos’s prior written consent.Holos may freely assign these Terms in the event of a merger, acquisition, reorganization, or sale of assets.

21.7 Waiver

Holos’s failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

21.8 No Third-Party Rights

These Terms are binding only between you and Holos. No third party is entitled to enforce or benefit from these Terms.