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Terms of Service

Last updated: February 20, 2026

These Terms of Service (“Terms”) are a contract governing your use of this website and any related websites or subdomains that link to these Terms and are operated by Pattern Engine, Inc. (“Pico,” “us”, “we”, or “our”), its affiliates, or its agents (collectively, the “Website”), together with any mobile application we make available (an “Application”). These Terms shall govern the use of this Website and applies to all users visiting the Website, downloading the Application, connecting a digital wallet offered by a third-party (a “Digital Wallet”) to the Services, or using the services enabled through the Website, including Pico’s artificial intelligence-powered agent that facilitates the purchase and sale of Digital Assets, as defined below (the “Agent”) (collectively, with our Website, the “Services”). You must be of legal age to enter into binding contracts and have authority to agree to these Terms, and by accessing or using any part of the Services, you agree to become bound by them. Please read these Terms carefully, including the disclaimers in Section 12 below. If you don’t agree to these Terms, you may not use our Services. We reserve the right in our sole discretion to modify these Terms from time to time. We will provide you with notice of any material changes via the Services, email or other similar means. Your continued use of Services after such updates will confirm your acceptance of the changes and the revised Terms. PICO IS NOT AN EXCHANGE, TRUST COMPANY, LICENSED BROKER, DEALER, BROKER-DEALER, INVESTMENT ADVISOR, INVESTMENT MANAGER, OR ADVISER. NEITHER PICO NOR ANY SERVICE OF OURS (INCLUDING ANY AGENT) GIVES, OFFERS, OR RENDERS INVESTMENT, TAX, OR LEGAL ADVICE. PICO PROVIDES SOFTWARE THAT ALLOWS YOU TO MANAGE YOUR SELF-CUSTODIED SOFTWARE WALLETS AND OTHERWISE WRITE TRANSACTIONS THAT AT YOUR DIRECTION MAY BE EXECUTED ON THIRD-PARTY BLOCKCHAINS AND OTHER THIRD-PARTY SERVICES (DEFINED BELOW). BEFORE MAKING FINANCIAL OR INVESTMENT DECISIONS, WE RECOMMEND THAT YOU CONTACT AN INVESTMENT ADVISOR, OR TAX OR LEGAL PROFESSIONAL. AGENTIC AI IS EVOLVING TECHNOLOGY WITH UNCERTAIN LEGAL STATUS. YOU AGREE THAT AS BETWEEN PICO AND YOU, YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY AGENT (AS DEFINED HEREIN), INCLUDING ANY ACTIONS OR OMISSIONS OF YOUR AGENT, WHETHER OR NOT EXPRESSLY AUTHORIZED OR RATIFIED BY YOU. ARBITRATION: PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION IN SECTION 17 BELOW, WHICH REQUIRES YOU TO RESOLVE ANY DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. THE ARBITRATION AGREEMENT ALSO CONTAINS A WAIVER OF CLASS AND NON-INDIVIDUALIZED RELIEF. YOUR AGREEMENT TO THESE TERMS INDICATES YOUR EXPRESS ACKNOWLEDGEMENT AND AGREEMENT THAT YOU HAVE READ AND UNDERSTAND HOW THE ARBITRATION PROVISION WORKS. The Services. Agents. Our Services include the Website, the Application, the Agent, and all other information, technology and services provided or otherwise made available to you at our discretion. The Services allow users to leverage the Agent to sell or purchase certain digital assets that are supported by the Services (the “Digital Assets”). Purchase and Sales. You may direct the Agent to sell or purchase a Digital Asset on your behalf. You will communicate with the Agent via a third-party service or integration that is made available via the Services. You also may direct the Agent to sell or purchase such Digital Asset once the Digital Asset reaches a certain price. You understand and agree that by once you give instructions to the Agent, such instructions are final. The purchase and sale of Digital Assets cannot be reversed. However, you also understand and agree that directing the Agent to make a purchase or sale does not guarantee that the purchase or sale will actually be effected, including as a result of market fluctuations. You understand and agree that Pico is not liable for any instructions that you give the Agent, including if such instructions are given erroneously or by another individual or entity that gains access to your User Account (as defined below). Pico is not responsible if the Agent fails to effectively implement instructions you have given the Agent. You accept all risk associated with giving the Agent instructions on your behalf, including the risk that the Agent may make an error in carrying out your instructions. Access to the Services; App License; Use Restrictions; No Support or Maintenance. Access. Subject to these Terms, we hereby grant you a non-assignable, non-transferable, non-sublicensable, non-exclusive, revocable, limited license to access the Services solely for your own personal, noncommercial use and at all times in accordance with these Terms. Application License. Subject to your compliance with this Agreement, Pico grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application that you own or control and to run such copy of the Application solely for your own personal purposes. Updates. You understand that Services are evolving. You acknowledge and agree that we may update Services with or without notifying you. You may need to update third-party software from time to time in order to use Services. No Support or Maintenance. Unless otherwise agreed in writing, you agree that we have no obligation to provide you with any support or maintenance in connection with the Services. Pico Communications. By entering into these Terms or using the Services, you agree to receive communications from us, including via e-mail. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your use of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, and news concerning us and industry developments. Your Assumption of Risk. Digital Wallet. You control your Digital Wallet, and Pico is not responsible for its performance (including any failure of performance), nor any risks associated with the use thereof. It is your sole responsibility to monitor any Digital Wallet owned or controlled by you and any associated Digital Assets regularly. Assumption of Risk. You accept and acknowledge that you take full responsibility for all activities that you effect through your Digital Wallet and accept all risks of loss, including loss as a result of any authorized or unauthorized access to your Digital Wallet, to the maximum extent permitted by law. You further accept and acknowledge the following: You represent and warrant that you (i) have the necessary technical expertise and ability to review and evaluate the security, integrity, and operation of your Digital Wallet to which your Digital Assets may be deployed or deposited in connection with the Services; (ii) have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits, risks, and applicable compliance requirements under applicable laws of any use of your Digital Wallet; (iii) know, understand, and accept the risks associated with your Digital Wallet; and (iv) accept the risks associated with blockchain technology generally, and are responsible for conducting your own independent analysis of the risks specific to your use of the Services. You further agree that Pico will have no responsibility or liability for such risks. There are risks associated with using digital assets, including, but not limited to, hardware, software, and Internet connections; the risk of malicious software introduction; the risk that third parties may obtain unauthorized access to information stored within your Digital Wallet; the risks of counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable; and the risk that such digital assets may fluctuate in value. You accept and acknowledge that Pico will not be responsible for any communication failures, disruptions, errors, distortions, delays, or losses you may experience when using blockchain technology, however caused. The prices of Digital Assets can be extremely volatile. Pico does not and cannot make any guarantee that any Digital Assets that may be rewarded to you, used by you, or accessed by you in connection with the Services will not lose value. The regulatory regimes governing blockchain technologies, cryptocurrencies, and tokens are uncertain, and new regulations or policies, or new or different interpretations of existing regulations, may materially adversely affect the development of the Services and the value of your Digital Assets. User Data, Inputs & Outputs. User Data. Subject to your compliance with these Terms, you may share or upload any information, data, text, messages, and/or other materials (“User Data”) through the Services, including by way of your prompts, comments, questions, and other input to the Services, which may include the use of AI Services or Third-Party Services (as defined below) (collectively, “Inputs”). You, and not us, are entirely responsible for all User Data that you make available on or through the Services. When you make available any User Data on or through the Services, you represent that you own and/or have sufficient rights to use such User Data in connection with the Services, including to grant the license set forth in Section 5(b) (License to Inputs). In response to any Inputs that you provide to the Services, the Agent will take certain actions on your behalf (the “Actions”). You acknowledge that the Actions are based on your Inputs, and that we have no control over any such Inputs. Accordingly, we make no representations or warranties of any kind or nature with respect to any Inputs or Actions, including any warranties of accuracy, completeness, truthfulness, timeliness, or suitability. You are solely responsible for reviewing all of your User Data and Inputs carefully, because you acknowledge that the Actions are based on your Inputs. We take no responsibility for the Actions of the Agent. Data Restrictions. You must not share User Data on or through the Services that: (A) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, offensive, or profane; (B) infringes or misappropriates any third party’s intellectual property rights or other proprietary rights; (C) contains any viruses, worms or other malicious computer programming codes that may damage the Services; (D) contains any personal information, such as financial, medical, or other sensitive personal information such as government IDs, passport numbers, or social security numbers; (E) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without our prior written consent, or (F) violates any applicable AI Services terms. AI Services; Licenses to Inputs AI Services. Please note that our Services may use certain artificial intelligence, machine learning, or deep learning platforms, algorithms, tools, and models (such aspects of our Services, the “AI Services”). Use of AI. You acknowledge that the AI Services use certain artificial intelligence and machine learning models, algorithms and technology that can be trained to recognize and search for certain patterns (including natural language patterns), information, objects, and events, and that such recognition is developed over time based on your use of the Services. The AI Services also use your Inputs to take Actions, as further described in Section 4(a). Licenses to Inputs. Subject to any applicable account settings that may be made available to you, you grant us a non-exclusive, transferable, perpetual, irrevocable, worldwide, fully-paid, royalty-free, sublicensable (through multiple tiers of sublicensees) right (including any moral rights) and license to use, copy, reproduce, modify, adapt, prepare derivative works from, translate, distribute, publicly perform, publicly display and derive revenue or other remuneration from any Inputs or other content you provide, transmit, or otherwise make available to the Services (collectively, “Your Data”) (in whole or in part) for the purposes of operating and providing the Services to you and to our other users (including after you cease use of the Services or terminate these Terms). Without limiting the foregoing, you acknowledge that Your Data may be used by us, or third-party providers of the AI Services (“Third-Party AI Providers”), to train, develop, enhance, evolve, and improve the Services and the underlying artificial intelligence models, algorithms, and related technology, products, and services (including for labeling, classification, content moderation, and model training purposes), as well as for marketing and promotional purposes. Third-Party AI Providers. You acknowledge and agree that we may share your Inputs with Third-Party AI Providers in connection with the license granted by you to us in Section 5(c), and that Third-Party AI Providers may not be required to maintain the confidentiality of any of Your Data. Further, you understand that additional license requirements may apply to certain AI Services provided by Third-Party AI Providers, including that such Third-Party AI Providers may retain certain rights to use or disclose Your Data, including to further train their algorithmic models. You must review and comply with such requirements. You assume all risks associated with your use of the AI Services, including as provided by Third-Party AI Providers. We will have no liability for the unavailability of any AI Services, or any Third-Party AI Provider’s decision to discontinue, suspend, or terminate any portion of the AI Services. USER CONDUCT AND RESTRICTIONS. You agree that you are solely responsible for your conduct in connection with the Services. You agree that you will abide by this Agreement and will not (and will not attempt to) (a) provide false or misleading information to Pico; (b) impersonate another person or entity; (c) use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner; (d) develop, use, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Services; (e) bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Services; (f) bypass or ignore instructions that control all access to the Services; (g) use the Service for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates any applicable law or this Agreement; (h) carry out any illegal activities in connection with or in any way related to your access to and use of the Services, including but not limited to money laundering, terrorist financing, or deliberately engaging in activities designed to adversely affect the performance of the Services; (i) engage in or knowingly facilitate any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering,” fraudulent, deceptive, or manipulative trading activities, including (i) trading Digital Assets at successively lower or higher prices for the purpose of creating or inducing a false, misleading or artificial appearance of activity in such Digital Asset, unduly or improperly influencing the market price for such Digital Asset on the Services or establishing a price that does not reflect the true state of the market in such Digital Asset; (ii) for the purpose of creating or inducing a false or misleading appearance of activity in a Digital Asset or creating or inducing a false or misleading appearance with respect to the market in a Digital Asset: (Y) executing or causing the execution of any transaction in a Digital Asset that involves no material change in the beneficial ownership thereof; or (Z) entering any order for the purchase or sale of a Digital Asset with the knowledge that an order of substantially the same size, and at substantially the same price, for the sale of such Digital Asset, has been or will be entered by or for the same or different parties; or (iii) participating in, facilitating, assisting, or knowingly transacting with any pool, syndicate, or joint account organized for the purpose of unfairly or deceptively influencing the market price of a Digital Asset; (j) use the Services to carry out any financial activities subject to registration or licensing, including but not limited to using the Services to transact in securities, debt financings, equity financings, or other similar transactions except in strict compliance with applicable law; or (k) attempt to access any Digital Wallet that you do not have the legal authority to access. Any unauthorized use of any Services terminates the licenses granted by Pico pursuant to the Agreement. Ownership. Services. Using our Services does not give you ownership of any intellectual property rights in or to our Services or the content accessed or available therein, and except for the limited license granted to you above, all rights therein (including all intellectual property rights) belong exclusively to us, our affiliates, and/or our licensors. These Terms do not grant you the right to use any trademarks, branding or logos used in our Services or otherwise without our prior written consent, including in any advertising or publicity or to imply our endorsement in any way. Please do not obscure or alter any legal notices displayed in, along with or in connection with our Services. Your Data. We do not claim ownership of any of Your Data. Subject to Section 5(b) (License to Inputs), as between you and us, you are the owner of all right, title, and interest in Your Data (to the extent that there are any protectible intellectual property rights therein). Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to us through its suggestion, feedback, wiki, discord, forum, or other pages or means (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Services and/or our business. Your Account. Registration. In order to access some features of the Services, including the Agent, you may have to register or create a user account (“User Account”). When creating your User Account, you must provide accurate, current and complete information, and you must maintain such information to keep it true, accurate, current, and complete. If we have reason to believe the information you provide is inaccurate, out-of-date or otherwise incomplete, we may in our discretion and without notice to you refuse your access to the Services and/or terminate or suspend your access at any time. Registration or subscription to the Services, and payment of any applicable fee, authorizes a single individual to use the Services unless otherwise expressly stated. Access Through an SNS. The Service may allow you to link your User Account with an account offered by a third-party provider (a “Third-Party Account”) by allowing Pico to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each such Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Pico and/or grant Pico access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Pico to pay any fees or making Pico subject to any usage limitations imposed by such third-party service providers. By granting Pico access to any Third-Party Account, you understand that Pico may access, make available and store (if applicable) any information, data, text, and/or other materials that you have provided to and stored in your Third-Party Account (“SNS Data”) so that it is available on and through the Service via your User Account. Unless otherwise specified in this Agreement, all SNS Data is considered to be Your Data for all purposes of this Agreement. If a Third-Party Account or associated service becomes unavailable, or Pico’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Data will no longer be available on and through the Service. You may have the ability to disable the connection between your User Account and your Third-Party Account at any time by accessing the “Settings” section of the Service. YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Eligibility. You must be 18 years of age or older and not be a Prohibited Person to use the Services. A “Prohibited Person” is any person or entity that is (a) the subject of any economic or trade sanctions administered or enforced by any governmental authority, including any person designated on any list of prohibited or restricted parties by any governmental authority, such as the European Union (“EU”) Consolidated List of Persons, the United Kingdom (“UK”) Consolidated List of Financial Sanctions Targets, the United States (“U.S.”) Treasury Department’s list of Specially Designated Nationals, and the U.S. Department of Commerce Denied Persons or Entity Lists; (b) located in, incorporated in, or otherwise organized or established in, or resident of, any country, territory, or jurisdiction that is the subject of comprehensive country-wide or regional economic sanctions or embargoes or has been designated as “terrorist supporting” by the United Nations (“UN”) or any governmental authority of the European Union, UK, or the U.S., including the Office of Foreign Assets Control (“OFAC”) of the U.S. Treasury Department or the Office of Financial Sanctions (“OFSI”) of HM Treasury of the UK (each such country, territory, or jurisdiction, a “Sanctioned Jurisdiction”); (c) owned or controlled by such persons or entities described in (a)-(b); or (d) accessing or using the Services on behalf of persons or entities described in (a)-(c). You acknowledge and agree that you are solely responsible for complying with all applicable laws of the jurisdiction you are a resident of, or located or accessing the Services from, in connection with your use of the Services. By using the Services, you represent and warrant that you meet these requirements. Obligations. You are solely responsible for the activity that occurs on your User Account. This includes any instructions that are communicated to the Agent. You must keep your User Account password secure and notify us immediately of any breach of security or unauthorized use thereof. We will not be liable for your losses caused by any unauthorized use of your User Account. LIMITATIONS OF LIABILITY. WE WILL NOT BE RESPONSIBLE FOR LOST PROFITS, LOST REVENUES, LOSS OR CORRUPTION OF DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. TO THE FULLEST EXTENT PROVIDED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS OR IN RELATION TO THE SERVICES, INCLUDING FOR ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED (WHERE APPLICABLE), IS LIMITED TO US $100. IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. YOU HEREBY WAIVE ANY AND ALL CLAIMS FOR DAMAGES OR LIABILITY BEYOND THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE, INCLUDING THOSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY AND/OR ANY OTHER GROUNDS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR FOR CERTAIN BEHAVIORS (SUCH AS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), SO SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU IN ANY GIVEN SITUATION. THE PROVISIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW. Indemnity. You agree to indemnify, defend and hold us, our affiliates and our and their respective directors, officers, employees, agents and assigns harmless from any and all claims, actions, costs, damages, penalties, fines, demands, losses, liabilities and expenses (including attorneys’ fees and court costs) arising out of or in connection with (a) your use of, or inability to use, the Services; (b) Your Data, the Inputs, or the Actions; (c) any action the Agent takes, or refrains from taking, on your behalf; (d) your breach or other violation of these Terms; (e) your violation of the rights of any third party, and/or (f) your violation of any applicable laws, rules or regulations. We reserve the right to assume the exclusive defense of any of the foregoing, and you agree not to settle any of the foregoing without our prior written consent. You agree that the obligations in this paragraph will survive any termination of these Terms, your User Account or your access to our Services generally. Release. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU HEREBY RELEASE US, OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION, WHATSOEVER, ARISING OUT OF OR RELATED TO ANY LOSS WHICH MAY BE SUSTAINED BY YOU WHILE USING, ARISING OUT OF, OR IN CONNECTION WITH THE USE OF THE SERVICES, YOUR USE OF THE AGENT, OR ANY ACTION TAKEN BY THE AGENT. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS RELEASE IS BINDING UPON YOUR RELATIVES, SPOUSE, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, BENEFICIARIES, PARTNERS, AND ANY OTHER AFFILIATES OR INTERESTED PARTIES. To the maximum extent permissible by applicable law, you waive and relinquish any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver, including any all rights and benefits which you have or may have under California Civil Code Section 1542 or any similar law or code in your jurisdiction, which states in substance “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 RELEASED PARTY.” You acknowledge that the releases in these Terms are intended to be as broad and inclusive as permitted by law, and as a complete and continuous release and waiver of liability for any and all use of the Services. Disclaimers. WARRANTY DISCLAIMER. WE PROVIDE OUR SERVICES “AS IS” AND “AS AVAILABLE.” OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, WE DO NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, WHETHER ABOUT THE SPECIFIC FUNCTIONS OF THE SERVICES, THEIR RELIABILITY, QUALITY, AVAILABILITY OR ABILITY TO MEET YOUR SPECIFIC NEEDS OR OTHERWISE, OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTIES TO BE DISCLAIMED. SUBJECT TO THOSE RULES (WHERE APPLICABLE), AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. WE ASSUME NO OBLIGATION TO UPDATE THE INFORMATION OR ADVISE ON FURTHER DEVELOPMENTS CONCERNING TOPICS MENTIONED. FURTHER AI DISCLAIMER. YOU ACKNOWLEDGE THAT THE SERVICES LEVERAGE CERTAIN ARTIFICIAL INTELLIGENCE FEATURES AND FUNCTIONS AND THAT ARTIFICIAL INTELLIGENCE SYSTEMS ARE A RAPIDLY EVOLVING FIELD. WHILE WE ARE ALWAYS WORKING TO IMPROVE OUR SERVICES, THE PROBABILISTIC NATURE OF ARTIFICIAL INTELLIGENCE MEANS THE SERVICES MAY TAKE ACTIONS THAT YOU DID NOT INTEND (INCLUDING DUE TO HALLUCINATIONS) OR OTHERWISE NOT ALWAYS PRODUCE ACCURATE OR INTENDED RESULTS. AS SUCH, YOU ACKNOWLEDGE THAT NO WARRANTIES ARE MADE BY US WITH RESPECT TO THE SPECIFIC RESULTS OF THE SERVICES. THE AGENT MAY HALLUCINATE AND MAY NOT CARRY OUT OR PERFORM YOUR INSTRUCTIONS ACCURATELY. THE AGENT MAY MISINTERPRET YOUR INSTRUCTIONS OR FAIL TO ACT UPON YOUR INSTRUCTIONS IN A TIMELY MANNER. PICO HAS NO OBLIGATION TO MONITOR, SUPERVISE, REVIEW, VERIFY, CORRECT, OR INTERVENE IN ANY INPUTS, ACTIONS, TRANSACTIONS, OR OTHER OUTPUTS OF THE AGENT, WHETHER BEFORE OR AFTER EXECUTION. PICO IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF ANY AGENT, EVEN IF SUCH ACTIONS EXCEED THE SCOPE OF YOUR DIRECTIVE. THE ABILITY OF AGENTS TO CONTRACT ON BEHALF OF PRINCIPALS IS NOT SETTLED LAW AND CONTRACTS ENTERED INTO BY YOUR AGENT MAY NOT BE BINDING. This is not financial advice. We are not securities brokers, cryptoasset brokers or dealers, or financial advisers, analysts or planners. We are neither licensed nor qualified to provide investment advice. Any information provided through the Services is not an offer to buy or sell Digital Assets. Nothing within the Services takes into account the particular investment objectives, financial situations or needs of individuals, and accordingly, it should not be construed as a personal recommendation. You acknowledge that you do not rely, and agree that it would be unreasonable to rely, on the Services or any Action of the Agent as a substitute for your own judgment or for advice from qualified professionals. Do your own due diligence. The information provided through the Services is not intended as a complete source of information on any particular company, investment, protocol, token, asset or market. An individual should never make investment decisions based solely on information contained within the Services. YOU SHOULD DO INDEPENDENT RESEARCH REGARDING ANY DIGITAL ASSETS YOU DIRECT THE AGENT TO INVEST IN. Investing in securities and/or cryptoassets is high risk. Any individual who chooses to purchase, hold, trade, or otherwise acquire securities and/or cryptoassets should do so with caution. Investing in securities and/or cryptoassets is speculative and carries a high degree of risk, and you may lose some or all of the money that is invested. Consider other relevant factors. The Services do not, and should not be considered to, include every factor that may be necessary for an investor to make a decision to invest. A decision to invest in a particular asset or security may be based on a number of factors, including the particular investor’s needs, goals and comfort with risk. You should also consider risks associated with the trading of cryptoassets, or other assets or securities, including volatility in the market and individual assets or securities. Use qualified advisors. We are not providing any financial or investment advice or services via the Services and should not be relied upon as a substitute for consultations with qualified professionals who are familiar with your individual needs. Please consult your accountant, tax advisor, stockbroker and/or financial advisor as necessary. You acknowledge that the information contained within the Services is provided “as is” for general information only. You may use the Services for informational purposes only, as an aid, but only as one information source among many, and not as the sole basis for making any decisions. You must conduct proper due diligence and use your own judgment when making any decisions based on any information, analytics or reports derived from the Services. No Liability for Blockchain Losses. WE TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF DIGITAL ASSETS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (a) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (b) SERVER FAILURE OR DATA LOSS; (c) CORRUPTED DIGITAL WALLET FILES; (d) REMOVAL OF ANY USER DATA ASSOCIATED WITH SUCH DIGITAL ASSETS; OR (e) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES, DIGITAL ASSETS, OR DIGITAL WALLETS. Pico is not responsible for any losses or harms sustained by you due to vulnerability or any kind of failure, abnormal behavior of any supported blockchain, software (e.g., smart contract), blockchains, or any other features of or inherent to Digital Assets. Pico is not responsible for any delay or failure to report any issues with any blockchain supporting Digital Assets, including without limitation forks, technical node issues, or any other issues that result in losses of any sort. No Liability in Connection with Open-Source Software. Notwithstanding anything to the contrary in these Terms, you acknowledge and agree that any software or services you access under the terms of an open-source software license is at your own risk, and Pico shall not be liable for any damages, other liabilities or harm to any person or entity relating to any losses, delays, failures, errors, interruptions or loss of data occurring directly or indirectly by reason of circumstances outside beyond Pico control, including without limitation through your use of any content under the terms of an open-source software license. No Liability for Reliance on Content or Services. All claims, content, designs, algorithms, estimates, roadmaps, specifications, and performance measurements described in the Services are done in the good faith efforts of Pico and its affiliates. It is up to you to check and validate their accuracy and truthfulness. Furthermore, nothing in the Services constitutes a solicitation for investment. Any content produced by Pico has not been subject to audit and is for educational and inspiration purposes only. Pico does not encourage, induce, or sanction the deployment, integration, or use of the Services in violation of applicable laws or regulations and hereby prohibits any such deployment, integration or use. This includes use of any such applications by you (a) in violation of export control or sanctions laws of the United States or any other applicable jurisdiction, (b) if you are located in or ordinarily resident in a country or territory subject to comprehensive sanctions administered by OFAC, or (c) if you are or are working on behalf of a Specially Designated National (“SDN”) or a person subject to similar blocking or denied party prohibitions. You should be aware that U.S. export control and sanctions laws prohibit U.S. persons (and other persons that are subject to such laws) from transacting with persons in certain countries and territories or that are on the SDN list. Beta Features. From time to time, WE may offer new “BETA” features or tools with which YOU may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at OUR sole discretion. The provisions of this section apply with full force to such features or tools. Third Party Services. The Services may be made available or accessed in connection with third-party services (the “Third-Party Services”). For the avoidance of doubt, services offered by Third-Party AI Providers are deemed Third-Party Services. When you access a Third-Party Service via the Services, you will not be warned that you have left the Service, and you will become subject to the terms and conditions of such Third-Party Service. The Third-Party Services are not under the control of Pico, and Pico is not responsible for any Third-Party Services. Pico does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith. Third-Party Application Access. With respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you shall only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple Media Terms of Service. Accessing and Downloading the Application from the Apple App Store. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store: You acknowledge and agree that (i) this Agreement is concluded between you and Pico only, and not Apple, and (ii) Pico, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Pico and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Pico. You and Pico acknowledge that, as between Pico and Apple, Apple is not responsible for addressing any claims you have or of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Pico acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Pico and Apple, Pico, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Pico acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application. Accessing our Services. Using our Services (whether from a computer or mobile device) will require various levels of data network access. You will need to obtain it on your own, subject to your mobile network’s data and messaging rates and fees. You may need to acquire and update compatible hardware or devices to use and update the Services. We cannot guarantee that the Services, or any portion thereof, will function on any particular hardware or device. Lastly, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. POINTS PROGRAM. Subject to your ongoing compliance with this Agreement and any Points Program Terms (defined below) made available by Pico from time to time, Pico may enable you to participate in a limited program that rewards users for using or interacting with the Services (the “Points Program”) by allocating such users with digital assets that bear no cash or monetary value and are made available by Pico (“Points”, as further described below). Your participation in the Points Program constitutes your acceptance of the then-current terms and conditions applicable to the Points Program at the time of such participation (the “Points Program Terms”), as may be modified or updated by Pico in its sole discretion. Additional terms applicable to the Points Program, which shall constitute part of the Points Program Terms, may be set forth on the Services from time to time. Eligibility. To be eligible to participate in the Points Program you must accept the terms of this Agreement and accept the Points Program Terms. Points. Points will be allocated in accordance with the then-current Points Program Terms and any applicable Supplemental Terms. Pico does not guarantee that you will receive or be eligible to receive any minimum amount of Points by participating in the Points Program. Points have no monetary value and cannot be redeemed for cash or cash equivalent, including any cryptocurrency. Accumulating Points does not entitle you to any vested rights, and Pico does not guarantee in any way the continued availability of Points. POINTS HAVE NO CASH VALUE. POINTS ARE MADE AVAILABLE “AS IS” AND WITHOUT WARRANTY OF ANY KIND. Taxes. In the event that any applicable authority determines that your receipt of Points is a taxable event, you agree that you, and not Pico, are solely liable for payment of such taxes, and you agree to indemnify Pico in connection with same. Disclaimers. Points are provided solely as an optional enhancement to users to incentivize participation in our community. Points do not constitute compensation or any other form of consideration for services. You agree that Points may be cancelled or revoked by Pico at any time, including if you breach this Agreement; misuse or abuse the Points Program; or commit or participate in any fraudulent activity related to the Points Program. PICO RESERVES THE RIGHT TO MODIFY OR TERMINATE THE POINTS PROGRAM AT ANY TIME, FOR ANY OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. In the event of any termination, all Points will expire immediately as of the effective date of termination. Term and Termination. These Terms commence on the date in which you accept the Terms (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with these Terms. Notwithstanding the foregoing, you hereby acknowledge and agree that these Terms commence on the earlier to occur of (a) the date you first used the Services or (b) the date you accepted these Terms, and will remain in full force and effect while you use any Services, unless earlier terminated in accordance with these Terms. We reserve the right to terminate these Terms and your access to the Services at any time, for any reason or for no reason, with or without notice to you. If you wish to terminate the Services provided by us, you may do so by (a) notifying us at any time and (b) ceasing all further use of the Services. Your notice should be sent, in writing, to our address set forth below. Termination of these Terms or of any Service includes removal of access to such Service and barring further use of the Service. Upon termination of any Service, your right to use such Service will automatically terminate immediately. We will not have any liability whatsoever to you for any suspension or termination. ARBITRATION AGREEMENT. Please read this section (the “Arbitration Agreement”) carefully. It is part of your contract with Pico and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Pico agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or this Agreement and prior versions of this Agreement, including claims and disputes that arose between you and us before the effective date of this Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (i) you and Pico may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or Pico 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). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement. Informal Dispute Resolution. There might be instances when a Dispute arises between you and Pico. If that occurs, Pico is committed to working with you to reach a reasonable resolution. You and Pico agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (“Informal Dispute Resolution”). You and Pico therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Pico that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to hello@pico.computer or regular mail to our offices located at 9901 Brodie Ln Ste 160 PMB 7026 Austin, TX 78748. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your User Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section. Waiver of Jury Trial. YOU AND PICO 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 Pico are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 17(a) (Applicability of Arbitration Agreement). There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. Waiver of Class and Other Non-Individualized Relief. YOU AND PICO AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 17(i) (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 17(i) (Batch Arbitration). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Pico agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Delaware. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or Pico from participating in a class-wide settlement of claims. Rules and Forum. This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Pico agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable User Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. Unless you and Pico otherwise agree, or the Batch Arbitration process discussed in Section 17(i) (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules. You and Pico agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 17(i) (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to Section 17(d) (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of Section 17(d) (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section 17(d) (Waiver of Class and Other Non-Individualized Relief) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section 17(i) (Batch Arbitration), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 17(i) (Batch Arbitration). The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. 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 award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction. Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Pico need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Pico agree that in the event that there are one-hundred (100) or more individual Requests of a substantially similar nature filed against Pico by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Pico. You and Pico agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision. 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: 9901 Brodie Ln Ste 160 PMB 7026 Austin, TX 78748, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your User Account (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, all other parts of this Agreement will continue to apply to you. 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. Invalidity, Expiration. Except as provided in Section 17(d) (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Pico as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Pico makes any future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within thirty (30) days of such change become effective by writing to Pico at 9901 Brodie Ln Ste 160 PMB 7026 Austin, TX 78748, your continued use of the Service, including the acceptance of products and services offered on the Service following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or this Agreement, the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect. Pico will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement. Miscellaneous. These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of law provisions. You may not assign them (or any of your rights or obligations hereunder), in whole or in part, without our prior written approval. Any such assignment by you shall be null and void. We may assign these Terms without your consent to a related or affiliated entity or in the event of a sale of all or substantially all of our assets, stock or business, or to a successor by merger, reorganization, or other corporate transaction. Any purported assignment in violation of this paragraph is void. No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of our Services. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible (if any), and the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless we acknowledge and agree to it in writing, and it is not a waiver of our right to do so later. Force majeure events may prevent us from providing the Services, and we will have no liability for those circumstances. Note that when we say “include” or “including” throughout these Terms, we really mean “including, but not limited to” but do this for ease of reading. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Services will survive. These Terms also expressly supersede any prior agreements or arrangements we may have with you. You may of course stop using our Services at any time, and we may terminate these Terms or your use of any Services, or generally cease offering or deny access to any portion of the Services, at any time in our sole discretion. If we believe there has been a violation of these Terms, we have the right to investigate and notify law enforcement if we deem necessary. As part of any investigation, we cooperate with law enforcement and will take whatever legal action we deem appropriate under the circumstances. Contacting Us. Please contact us at hello@pico.computer with any questions about these Terms or our Services.