TERMS OF SERVICE

Last Updated: 22 May 2026

THESE TERMS OF SERVICE (“TERMS”) GOVERN YOUR ACCESS TO AND USE OF WWW.SOMNIA.NETWORK, THE SERVICES (AS DEFINED BELOW), AND ANY ASSOCIATED APPLICATIONS OR PLATFORMS. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SERVICES AND MUST CEASE ANY CURRENT USE IMMEDIATELY.

THESE TERMS CONTAIN AN ARBITRATION CLAUSE IN SECTION 9 THAT REQUIRES DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS AND PROHIBITS CLASS ACTION CLAIMS. IT AFFECTS HOW DISPUTES BETWEEN YOU AND SOMNIA FOUNDATION ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ SECTION 9 CAREFULLY.

THESE TERMS ALSO CONTAIN IMPORTANT DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY IN SECTIONS 7 AND 8 THAT MAY LIMIT OUR LIABILITY TO YOU AND AFFECT YOUR LEGAL RIGHTS.

ACKNOWLEDGMENT

By accessing the Services or using any functionality of the Site (as defined below), you acknowledge that:

• You have read and understood these Terms of Service in their entirety;
• You agree to be legally bound by these Terms of Service;
• You are at least 18 years of age or the age of legal capacity in your jurisdiction;
• You have the authority to enter into these Terms;
• You understand the risks associated with blockchain technology and digital assets;
• You will comply with all applicable laws and regulations;
• You accept the disclaimers and limitations of liability contained herein;
• You agree to the arbitration provisions and waiver of jury trial; and
• You will not use the Services for any prohibited purposes.

1. AGREEMENT TO TERMS

1.1 Formation of Agreement and Services

These Terms constitute a binding legal contract between you, an individual user or site visitor, whether personally or on behalf of an entity (“user,” “you,” or “your”) and Somnia Foundation (including all its affiliates and subsidiaries, collectively referred to as the “Company,” “we,” “us,” or “our”) concerning your use of the services provided by the Company (the “Services”). From time to time, the Company may also make available additional programs, features, products, or services, as described in one or more appendices to these Terms (collectively, “Additional Services”), which are included within the definition of Services and are subject to these Terms.

By accessing or using any Service or interacting with the Somnia Network, you agree to these Terms, which you understand apply to all uses of the Somnia Network. “Somnia Network” means the high-performance, EVM-compatible Layer 1 blockchain protocol. The Services also include the www.somnia.network website and all associated subdomains, any mobile applications, desktop applications, or browser extensions, any application programming interfaces, developer tools (including software development kits), documentation, and resources, community forums and communication channels, any testnet or mainnet interfaces, and any other media form, media channel, or website related, linked, or otherwise connected thereto (collectively, the “Site”). Additionally, the Company maintains and operates www.somnia.network as a portal for news, information, updates, developer resources, documentation, and community engagement regarding the Somnia protocol (the “Somnia Protocol” or “Protocol”).

1.2 Acceptance of Terms

BY ACCESSING OR USING THE SERVICES, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONSENT TO BE LEGALLY BOUND BY THEM. WHERE YOU ACCESS THE SERVICES ON BEHALF OF AN ENTITY, YOU ADDITIONALLY REPRESENT THAT YOU HAVE AUTHORITY TO BIND THAT ENTITY, AND REFERENCES TO “YOU” SHALL ENCOMPASS BOTH YOU AND THAT ENTITY.

1.3 Additional Terms

Supplemental terms and conditions or documents that may be posted on the Site from time to time, including but not limited to our Privacy Policy available at www.somnia.network/privacy-policy, and any developer agreements, are hereby expressly incorporated herein by reference and form part of these Terms.

2. ELIGIBILITY AND RESTRICTIONS

2.1 Age Requirements

The Services are intended solely for users who are at least eighteen (18) years old, the age of legal majority in their jurisdiction, or accessing the Services under the direct supervision of a parent or guardian who meets the above requirements and agrees to be bound by these Terms. By using the Services, you represent and warrant that you meet these requirements.

2.2 Capacity and Authority

You represent and warrant that you have the legal capacity to enter into these Terms, you are not barred from using the Services under any applicable law, your use of the Services will not violate any applicable law or regulation, and if acting on behalf of an entity, you have all necessary authority to bind such entity.

2.3 Geographic Restrictions

You may not access or use the Services if you are located in, incorporated in, or a citizen or resident of any country, state, territory, or other jurisdiction that is subject to comprehensive sanctions administered by the United States Office of Foreign Assets Control (“OFAC”), the United Nations Security Council, the European Union or European Economic Area, His Majesty’s Treasury of the United Kingdom, or any other relevant sanctions authority. You may not access or use the Services if you are listed on any sanctions list or equivalent maintained by any of the above authorities, including but not limited to the Specially Designated Nationals and Blocked Persons List, the Consolidated Sanctions List, or any other prohibited party list. Your use of the Services must not violate any applicable export control laws or regulations, and you may not access the Services from a jurisdiction where the provision of the Services would be illegal or require special licensing that the Company has not obtained. You must immediately cease using the Services and notify us if your status changes with respect to any of these restrictions.

2.4 Compliance Obligations

It is your sole responsibility to determine whether accessing or using the Services is lawful where you are located; comply with all laws and regulations applicable to your use; obtain any licences, permits, or approvals that may be required; and meet any tax obligations arising from your use of the Services.

2.5 Your Responsibilities

By using the Services or interacting with the Protocol, you acknowledge and accept each of the following:

• You are solely responsible for your use of the Services and interactions with the Protocol, including all of your transfers of digital assets; all transactions you submit to the Protocol are considered unsolicited, which means that they are solely initiated by you.
• You are solely responsible for reporting and paying any taxes applicable to your use of the Services.
• We have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any digital assets that you may transfer to or from a third party, and we are not responsible for ensuring that a counterparty with whom you transact completes the transaction or is authorized to do so.
• The Services are non-custodial applications, meaning we do not ever have custody, possession, or control of your digital assets at any time; we accept no responsibility for, or liability to you, in connection with your use of a wallet and make no representations or warranties regarding how any of our Services will operate with any specific wallet; likewise, you are solely responsible for any associated wallet and we are not liable for any acts or omissions by you in connection with or as a result of your wallet being compromised.
• Transactions that take place on a blockchain network require the payment of transaction fees (“Gas Fees”); you will be solely responsible to pay the Gas Fees for any transaction that you initiate via any of our Services.

2.6 Information Only

All information made available through the Services is provided for general informational purposes only. The Company makes no representation as to its accuracy, completeness, or fitness for any particular purpose. You rely on such information entirely at your own risk, and the Company accepts no liability for any loss arising from such reliance, whether by you, other users, or third parties.

2.7 Third Party Information

The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

2.8 Release of Claims

To the extent that you provide any services to Company or the Protocol, you agree that you will be fully responsible for all services that you provide and will indemnify the Company, as well as our affiliates, against any and all losses.

3. LICENSE AND RESTRICTIONS

3.1 Limited License Grant

Provided you remain in full compliance with these Terms, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Services for lawful purposes only.

3.2 License Conditions

This license is subject to the following conditions: the license is personal to you and may not be shared or transferred, you may only use the Services for lawful, non-commercial purposes unless otherwise agreed in writing, you must comply with all applicable laws and regulations, and you must not violate any provision of these Terms.

3.3 Prohibited Uses

You agree not to, and shall not permit any third party to:

Technical Restrictions: (a) modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Services; (b) remove, alter, or obscure any proprietary notices or labels on the Services; (c) use any robot, spider, scraper, or other automated means to access the Services without our express written permission; (d) bypass or circumvent any measures we may use to prevent or restrict access to the Services; (e) interfere with or disrupt the integrity or performance of the Services; (f) attempt to gain unauthorized access to any portion of the Services or any systems or networks connected thereto; or (g) transmit any viruses, worms, or other destructive items through the Services.

Content and Intellectual Property Restrictions: (a) use the Services to infringe upon any intellectual property rights; (b) copy, reproduce, distribute, or transmit any part of the Services except as expressly permitted herein; (c) use our trademarks, logos, or other proprietary information without our prior written consent; or (d) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information without our express written consent.

Legal and Regulatory Restrictions: (a) use the Services for any illegal or unauthorized purpose; (b) violate any applicable laws, rules, or regulations; facilitate money laundering, terrorist financing, or other illicit financial activities; (c) violate or evade any applicable sanctions or export control laws; (d) engage in market manipulation, fraud, or deceptive practices; or (e) use the Services to facilitate tax evasion.

Commercial Restrictions: (a) use the Services for commercial purposes without our express written permission; (b) sell, resell, rent, lease, or sublicense access to the Services; (c) use the Services to compete with us or create a similar service; or (d) use any data obtained from the Services for commercial purposes without authorization.

Behavioral Restrictions: (a) harass, abuse, threaten, or intimidate other users or any Company personnel; (b) impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity; (c) collect or harvest any personally identifiable information from the Services; (d) use the Services in any manner that could damage, disable, overburden, or impair our servers or networks; or (e) engage in any conduct that restricts or inhibits any other user from using or enjoying the Services.

3.4 Enforcement

We reserve the right to investigate any suspected violations of these Terms, suspend or terminate your access to the Services for any violation, report suspected illegal activities to law enforcement authorities, and take legal action against violators.

4. USER CONTENT AND COMMUNICATIONS

4.1 User Content

You may have the opportunity to submit, post, display, transmit, or otherwise make available content through the Services, including but not limited to comments, feedback, suggestions, code contributions, transaction data, wallet addresses, or other materials (“User Content”).

4.2 Rights in User Content

Ownership of your User Content remains with you. By submitting User Content, however, you grant the Company a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and non-exclusive licence to use, reproduce, adapt, publish, translate, distribute, and otherwise exploit your User Content in connection with the Services or the Company’s business. This licence survives any termination of these Terms.

4.3 Representations Regarding User Content

You represent and warrant that you own or have the necessary rights to your User Content, your User Content does not infringe any third-party rights, your User Content complies with these Terms and all applicable laws, and your User Content does not contain any viruses or harmful code.

4.4 Feedback

Any feedback, suggestions, ideas, or other information you provide to us (“Feedback”) will be treated as non-confidential and non-proprietary, will be owned by the Company, may be used by the Company without any obligation to you, and is not subject to any obligation of attribution or compensation.

4.5 Monitoring

We may, but have no obligation to, monitor User Content, remove or refuse any User Content, or take action against inappropriate User Content or conduct.

5. THIRD-PARTY SERVICES

5.1 Third-Party Services

The Services may contain links to or integrate with third-party websites, applications, services, or resources (“Third-Party Services”). These Third-Party Services may include wallet providers, blockchain explorers, decentralized applications, analytics services, news and information sources, and social media platforms. When you use or rely on any Third-Party Service, you do so at your own risk.

5.2 No Endorsement

The inclusion of any link or integration does not imply our endorsement of the Third-Party Service, our affiliation with the Third-Party Service provider, our verification of the Third-Party Service’s safety or legitimacy, or our guarantee of the Third-Party Service’s availability or functionality.

5.3 Third-Party Terms

Your use of Third-Party Services is governed by the terms and conditions of such Third-Party Services, the privacy policies of such Third-Party Services, and any other agreements you enter into with third parties.

5.4 Disclaimer of Liability

We are not responsible or liable for the content, accuracy, or availability of Third-Party Services, any damages or losses arising from your use of Third-Party Services, the privacy practices of Third-Party Services, or any transactions you conduct through Third-Party Services.

5.5 Third-Party Disputes

Any disputes you have with third parties are solely between you and such third parties. You agree to release the Company from any claims arising from such disputes.

6. DISCLAIMERS AND ASSUMPTION OF RISK

6.1 “As Is” Basis

THE SERVICES, THE SITE, AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

6.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE INFORMATION PROVIDED WILL BE ACCURATE, RELIABLE, OR COMPLETE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE OF VIRUSES OR HARMFUL COMPONENTS.

6.3 Third-Party Content

WE ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY CONTENT ACCESSIBLE THROUGH THE SERVICES, THE CONDUCT OF OTHER USERS, ANY DAMAGES RESULTING FROM THIRD-PARTY SERVICES OR CONTENT, OR THE ACCURACY OR COMPLETENESS OF THIRD-PARTY INFORMATION.

6.4 No Professional Advice

NOTHING ON THE SERVICES CONSTITUTES INVESTMENT, FINANCIAL, TAX, LEGAL, OR OTHER PROFESSIONAL ADVICE, A RECOMMENDATION TO BUY, SELL, OR HOLD ANY DIGITAL ASSET, AN OFFER OR SOLICITATION OF ANY KIND, OR A GUARANTEE OF ANY INVESTMENT RETURN OR PERFORMANCE. THE SERVICES DO NOT CONSTITUTE AN OFFER OR SALE OF SECURITIES IN ANY JURISDICTION. NO INFORMATION OR MATERIALS PROVIDED THROUGH THE SERVICES SHOULD BE CONSTRUED AS INVESTMENT ADVICE OR A RECOMMENDATION TO PURCHASE OR SELL ANY SECURITIES OR DIGITAL ASSETS. YOU SHOULD CONSULT APPROPRIATE PROFESSIONALS BEFORE MAKING ANY DECISIONS BASED ON INFORMATION PROVIDED THROUGH THE SERVICES.

6.5 Blockchain Risks

Use of the Services and interaction with the Somnia Protocol carries inherent risks. You acknowledge and assume these risks, which include: total or partial loss of digital assets; loss of access due to misplaced or compromised private keys; smart contract vulnerabilities or exploits; hacking, theft, or other security incidents; network congestion or technical failures; protocol upgrades, forks, or changes to consensus mechanisms; and adverse regulatory developments. Where the Services involve or connect to decentralised finance (“DeFi”) protocols, additional risks apply, including: bridge or cross-chain protocol failures resulting in asset loss; cross-chain message delivery failures; liquidity crises preventing asset redemption; oracle failures or manipulations affecting pricing or settlement; and failures in multi-signature or governance mechanisms. The Company makes no representation as to the safety, reliability, or continued availability of any DeFi protocol, bridge, or oracle integrated with or accessible through the Services.

6.6 Experimental Technology

Blockchain technology remains experimental and subject to rapid change. The Somnia Protocol is a novel implementation and, like all such systems, may contain unknown vulnerabilities or fail to operate as anticipated. You accept these limitations. The Somnia Protocol incorporates AI agent functionality, including smart contracts that natively query external APIs, execute AI models, and resolve outcomes based on AI-generated outputs. AI models may produce incorrect, incomplete, or unpredictable results. The Company makes no representation as to the accuracy or reliability of any AI-generated output used within the Protocol, and you assume all risks arising from your reliance on such outputs.

6.7 Regulatory Uncertainty

The regulatory treatment of digital assets and blockchain protocols is unsettled and continues to evolve. Changes in law or regulatory action could materially affect the Protocol or the value and usability of your digital assets. You are solely responsible for assessing and complying with the laws applicable to you.

6.8 Voluntary Assumption and Release

YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES AND THE PROTOCOL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE THE COMPANY, AS WELL AS OUR AFFILIATES AND SERVICE PROVIDERS, AND EACH OF OUR AND THEIR RESPECTIVE PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES AND AGENTS, AND EACH OF OUR AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (TOGETHER, THE “COMPANY PARTIES”) FROM ANY AND ALL LIABILITY RELATING TO YOUR USE OF THE SERVICES OR THE PROTOCOL.

7. LIMITATION OF LIABILITY

7.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ANY COMPANY PARTIES BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR BUSINESS OPPORTUNITIES, LOSS OF USE OR DATA, LOSS OF GOODWILL OR REPUTATION, LOSS OF DIGITAL ASSETS OR VALUE, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ANY DAMAGES ARISING FROM THIRD-PARTY CONDUCT OR CONTENT, ANY DAMAGES ARISING FROM INTERRUPTION OR CESSATION OF THE SERVICES, ANY DAMAGES ARISING FROM BUGS, VIRUSES, OR OTHER HARMFUL CODE, OR ANY DAMAGES ARISING FROM ANY THIRD-PARTY SERVICES.

7.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100).

7.3 Basis of the Bargain

You acknowledge that the liability limitations set out above reflect a reasonable allocation of risk between the parties, form an essential part of the agreement, and are a condition on which the Company makes the Services available. You have had the opportunity to seek insurance cover for the risks you bear.

8. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company and all Company Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to your (or your users’) use of the Services, your violation of these Terms, your violation of any third-party rights, your violation of any applicable law or regulation, any User Content you submit, your negligence or willful misconduct, your use of Third-Party Services, or any dispute between you and any third party. We will provide you with reasonable notice of any claim subject to indemnification and allow you to control the defense and settlement (subject to our approval, not to be unreasonably withheld). We reserve the right to assume exclusive control of the defense of any claim subject to indemnification and seek reimbursement from you for any settlements or judgments. Your indemnification obligations under this Section shall survive any termination of these Terms or your use of the Services.

9. DISPUTE RESOLUTION

9.1 Governing Law

These Terms and any dispute shall be governed by the laws of the Cayman Islands, without regard to conflict of law principles. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the courts of the Cayman Islands.

9.2 Informal Resolution

Before initiating any formal proceedings, you agree to attempt to resolve any dispute informally by contacting us at legal@somnia.foundation. We will attempt to resolve the dispute informally for at least thirty (30) days after receiving notice.

9.3 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration under the Arbitration Act (As Revised) of the Cayman Islands. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties or, failing agreement within thirty (30) days, appointed by the Grand Court of the Cayman Islands upon application by either party. The arbitration shall be conducted in English, held in George Town, Grand Cayman, Cayman Islands, governed by the laws of the Cayman Islands, and kept confidential. The arbitrator’s decision shall be final and binding, and judgment upon the award may be entered in any court having jurisdiction.

9.4 Class Action Waiver

YOU AND THE COMPANY AGREE THAT ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. NEITHER PARTY SHALL PARTICIPATE IN OR SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.

9.5 Jury Trial Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AND THE COMPANY WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTES.

9.6 Exceptions

The following disputes are exempt from arbitration: (a) claims for injunctive relief to stop unauthorized use of the Services or protect intellectual property rights, (b) claims that may be brought in small claims court, and (c) claims that cannot be arbitrated under applicable law.

9.7 Limitation Period

Any claim arising out of or relating to these Terms or the Services must be brought within one (1) year after the cause of action arises, or such claim is permanently barred.

10. SITE MANAGEMENT AND MODIFICATIONS

10.1 Site Management

We reserve the right, but not the obligation, to monitor the Site and Services for violations of these Terms, take appropriate action against violators, including legal action, remove or disable access to any content that violates these Terms, suspend or terminate access to the Services, cooperate with law enforcement authorities, and otherwise manage the Services to protect our rights and property.

10.2 Modifications to Services

The Company may, at any time and without prior notice or liability, alter or discontinue any aspect of the Services, adjust any applicable fees, restrict or limit features, or terminate the Services in their entirety. Service interruptions may occur for maintenance, upgrades, or other operational reasons. The Company does not guarantee continuous or uninterrupted access and accepts no liability for any such interruption.

10.3 Modifications to Terms

We reserve the right to modify these Terms at any time by posting updated Terms on the Site and updating the “Last Updated” date. Your continued use of the Services after we post modifications and after any notice period constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services immediately.

11. TERMINATION

We may suspend or terminate your access to the Services at any time for any or no reason, including immediately upon your breach of these Terms, if required by law, or if we cease offering the Services. Upon termination, your license to use the Services immediately ends, you must cease all use of the Services, and provisions of these Terms that should survive will continue to apply. We shall have no liability to you for any suspension or termination of your access to the Services. You may terminate your use of the Services at any time by ceasing all use.

12. GENERAL PROVISIONS

12.1 Entire Agreement

These Terms, together with our Privacy Policy and any other incorporated documents, constitute the entire agreement between you and the Company regarding the Services and supersede all prior agreements.

12.2 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12.3 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

12.4 Assignment

We may assign these Terms and our rights and obligations at any time without notice. 

12.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials. This includes blockchain network failures or systemic financial market disruptions.

12.6 Relationship of Parties

Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and the Company. You have no authority to bind the Company in any manner. For clarity, validators, sequencers, oracle providers, and other network participants are independent actors and not agents or representatives of the Company.

12.7 No Third-Party Beneficiaries

These Terms are for the benefit of you and the Company only. There are no third-party beneficiaries except that Company Parties are express third-party beneficiaries entitled to enforce these Terms directly.

12.8 Interpretation

Headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.” These Terms shall be construed without regard to any presumption or rule requiring construction against the party that drafted them.

12.9 Notice

All notices may be provided through the Services, by email, or by posting on the Site. Notices to us must be sent by email to: legal@somnia.foundation.

12.10 Survival

All provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, limitations of liability, indemnity provisions, and dispute resolution provisions.