Linea Terms of Service

SECTION 13 OF THESE SUPPLEMENTAL TERMS CONTAINS A BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS WHICH MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. IF YOU DO NOT AGREE TO ALL OF THE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE THE OFFERINGS IN ANY MANNER.

The Linea Association ("Linea", "we," "us," or "our") hosts a top level domain website, https://linea.build, that serves information regarding Linea products and services, including the Linea Protocol ("Protocol"), the Linea Interface ("Interface"), and the Protocol's native Ethereum bridge ("Bridge", together with the Protocol and the Interface, and other Linea products and services, the "Offerings"), as well as sub-domains for our products or services (the top level domain with the sub-domains collectively referred to as the "Site"), which include text, images, audio, code and other materials or third party information.

These terms of use (the "Terms," "Terms of Use" or "Agreement") contain the terms and conditions that govern your access to and use of the Site and Offerings provided by us and is a binding agreement between us and you or the entity you represent ("you" or "your"). Please read these Terms of Use carefully before using the Site or Offerings. They cover important information about each of the Protocol, Interface, and Bridge, your rights under this agreement, and all future changes to the Terms. They require that you accept all the risks associated with using the Offerings, as they are experimental in nature. We reserve the right to change these Terms at any time.

1. Use Subject to Terms

    1.1. You agree that your use of any Offerings shall be deemed your agreement in full to the Terms and also our Privacy Policy, which is incorporated herein by reference. We grant you a worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access the Offerings, subject to these Terms, as well as all information and materials published, distributed or otherwise made available on https://linea.build. You agree not to use these Offerings in a manner which is fraudulent or violative of applicable laws, including investor and consumer protection laws, privacy laws, intellectual property rights, or laws prohibiting money laundering or other illicit finance.

    1.2. Third-Party Content and Services. In certain Offerings or otherwise in any content, functionality, products, or services, you may view, have access to, and may use through the Site the content, functionality, products, or services of one or more third parties ("Third Party Content" or "Third Party Services" as appropriate). In each such case, you agree that you view, access or use such content and services at your own election. Your reliance on any Third Party Content and use of Third Party Services is governed on one hand by this Agreement but, on the other, will also generally be subject to separate terms and conditions set forth by the applicable third party content and/or service provider. Those terms and conditions may involve separate fees and charges or may include disclaimers or risk warnings about reliance on or the accuracy of any information. Such terms may also apply a privacy policy different than that which Linea maintains and incorporates into this Agreement. It is your responsibility to understand the terms and conditions of Third Party Services, including how those service providers use any of your information under their privacy policies.

    1.3. Third Party Content and Third Party Services are provided for your convenience only. We do not verify, curate, or control Third Party Content. We do not validate, curate, or control Third Party Services. As a result, we do not guarantee, endorse, or recommend such content or services to any or all users of the Offerings, or the use of such content or services for any particular purpose. You access, rely upon or use any Third Party Content or Third Party Service at your own risk. Linea disclaims all responsibility and liability for any Losses on account of your reliance upon or use of such content or services. We have no responsibility for Third Party Content that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable to you or under the law in your jurisdiction. The choice to rely on Third Party Content or to use a Third Party Service is your own, and you are solely responsible for ensuring that your reliance or use is in compliance with all applicable laws. Dealing or correspondence with any third party that provides such content or services is solely between you and that third party. We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on the use of any Third Party Service at any time without notice.

    1.4. Support. You may seek or receive technical or product support, information, advice, or guidance from us regarding the Offerings, including via third party service provider, chat interface, or email. All support made available or provided by or on behalf of Linea is believed to be reliable, but we do not make representations or warranties, express or implied, as to its accuracy, its completeness, or the results to be obtained. Such support is being provided for informational purposes only and, by accepting such support, you are representing that you have adequate skill and experience regarding the proper selection, use, and/or application of Offerings and use such Offerings at your own discretion and risk. With the exception of instances of gross negligence, you hold us harmless for any injury that may result from the support you receive from us. You are aware that our customer support efforts may be impersonated by malicious third parties, and you agree that we are not responsible for the actions of such impersonators. You further acknowledge that we will not offer support via SMS, WhatsApp, Telegram, WeChat, or Twitter DMs, and that we will never ask you for your private key or secret recovery phrase or for you to make a payment to us for support.

2. Linea Protocol

    2.1. The Protocol is a type 2 zero knowledge Ethereum Virtual Machine that replicates an Ethereum environment by leveraging rollups, providing users and developers with a network for software applications featuring low fees and scalability, while backed by the security of Ethereum and its decentralized community of validators. It is separate and apart from the Ethereum network.

    2.2. The Protocol is currently released in alpha, which means it has passed our initial quality assurance measures, but not all quality assurance measures have completed, and there is limited available documentation or support. The primary audience for this alpha release is the technically interested and module vendors. You recognize and agree to assume all risk of using the Protocol while it is in alpha release, which may include complete and total loss.

3. Bridge Contracts

    3.1. To access the Protocol, one may transfer, or "bridge", an asset from the Ethereum network to the Protocol. Bridging is performed through the utilization of smart contract applications which are deployed on both the Protocol and Ethereum. These smart contracts constitute the Bridge, and they work by allowing a user to deposit Ether token ("ETH") on the Ethereum network and receive on the Protocol a version of the Ethereum token that is native to the Protocol, and vice-versa.

    3.2. The Bridge may not be the exclusive means of accessing the Protocol, as there may be alternative bridges relying on different smart contracts and interfaces deployed by third parties which support bridging ETH and other assets. While use of the Interface would result in using the Bridge, the Bridge may also be accessed directly using these other third party interfaces or even through command line instructions. Our agreement regarding your use of these Third Party Offerings is reflected in Section 1 above.

    3.3. You accept all risks associated with using the Bridge. Bridging is an extremely novel technical area and is subject to material risks which may lead to total loss of user assets. All bridges, including the Bridge, are smart contracts that are subject to many known and unknown risks, including smart contract exploits of the actual smart contract code to produce outcomes different than those the Bridge was designed to achieve, and cyberattacks intended to gain unauthorized control of the smart contracts or associated systems.

    3.4. The Bridge may impose a volume limitation of tokens flowing into and out of the Protocol. All users of the Bridge may be subject to the limitation, which may impact the time it takes you to bridge in or out of the Protocol while using the Bridge. That volume limitation may or may not be disclosed on www.linea.build. The volume limitation is a security measure to limit harm in the event of a malicious third party-act, and it may be changed without notice. Additionally, you acknowledge the risk that the volume limitation may not be technically effective, or may even be compromised. You accept the risk that it will not function as intended and assume any losses, direct, indirect, or consequential, stemming from the volume limitations.

4. The Interface

The Interface is a graphical user interface allowing users to interact with the Bridge and, therefore, the Protocol, but the Interface is not required to interact with the Bridge or Protocol. You accept all risks associated with using the Interface. Bridging is an extremely novel technical area and is subject to material risks which may lead to total loss of user assets. All bridge interfaces, including the Interface, are subject to many known and unknown risks. You are not required to use the Interface, nor are we advising you in any way to use the Interface. The Interface itself is subject to many risks, including the Interface domain becoming compromised.

5. Modifications

We may make improvements, modifications, updates, or replacements to this Agreement, the Policies, any of the Offerings, or the Site, including but not limited to changes and updates to the underlying software, infrastructure, security protocols, technical configurations, or offering features from time to time ("Modifications"). It is your responsibility to check this Agreement periodically for Modifications. Your continued access to and use of the Offerings are subject to such Modifications and you shall accept any changes, patches, system upgrades, bug fixes, feature modifications, or other maintenance work that arise out of such Modifications. We are not liable for any failure by you to accept and use such Modifications in the manner specified or required by us. We are also not obligated to make any Modifications under any circumstances. Although we are not obligated to monitor access to or use of the Protocol or Bridge, we have the right to do so for the purpose of operating the Offerings, to ensure compliance with the Terms, or to comply with applicable law or other legal requirements. You agree that your continued use of or access to the Offerings following the posting of any changes to this Agreement constitutes acceptance of those changes, whether or not you were checking for changes or actually read the changes.

6. Your Responsibilities

    6.1. Use of the Offerings. For any Offerings, except to the extent caused by our breach of this Agreement, (a) you are responsible for all activities that occur with respect to your use of the Offerings, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your contractors, agents or other End Users), and (b) we and our affiliates are not responsible for unauthorized access to the Offerings or your account, including any access that occurred as a result of fraud, phishing, or other criminal activity perpetrated against you by third parties. You will ensure that your use of the Offerings does not violate any applicable law.

    6.2. Your Security and Backup. You are solely responsible for properly configuring and using the Offerings and otherwise taking appropriate action to secure, protect, and backup your accounts and/or Your Content in a manner that will provide appropriate security and protection, which might include use of encryption. If you are not able to be responsible for your own account, transaction or other security, or do not want such an obligation, then you should not use the Offerings. Your obligations under this Agreement include ensuring any available software updates or upgrades to an Offering you are using are promptly installed or implemented, and recording and securely maintaining any passwords or secret recovery phrases that relate to your use of the Offerings.

7. Temporary Suspension.

Generally. We may suspend your right to access or use any portion or all of the Offerings immediately if we determine: your use of the Offerings (a) poses a security risk to the Offerings or any third party, (b) could adversely impact our systems, the Offerings, or the systems of any other user, (c) could subject us, our affiliates, or any third party to liability, (d) could be unlawful, or (e) you are, or any End User is, in breach of this Agreement.

8. Term; Termination.

    8.1. Term. For Offerings, the term of this Agreement will commence on the date you begin using the Offerings and and will remain in effect until you stop accessing or using the Offerings.

    8.2. Effect of Termination. Upon the Termination Date:

        8.2.1. all your rights under this Agreement immediately terminate;

        8.2.2. each party remains responsible for all fees and charges it has incurred through the Termination Date and are responsible for any fees and charges it incurs during the post-termination period; and

        8.2.3. the terms and conditions of this Agreement shall survive the expiration or termination of this Agreement to the full extent necessary for their enforcement and for the protection of the party in whose favor they operate. For instance, should this Agreement between you and us terminate, any dispute raised after you stop accessing or using the Offerings will be subject to the applicable provisions of this Agreement if that dispute relates to your prior access or use.

    8.3. For any use of the Offerings after the Termination Date, the terms of this Agreement will again.

9. Proprietary Rights.

    9.1. Your Content. Depending on the Offering, you may share Your Content with us. Except as provided in this Section 9, we obtain no rights under this Agreement from you (or your licensors) to Your Content; however, you consent to our use of Your Content in any manner that is consistent with the purpose of your use of the Offerings or that otherwise facilitates providing the Offerings to you.

    9.2. Offerings License. We or our licensors own all right, title, and interest in and to the Offerings, and all related technology and intellectual property rights. Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to do the following: (a) access and use the Offerings solely in accordance with this Agreement; and (b) copy and use Our Content solely in connection with your permitted use of the Offerings. Except as provided in this Section 9.2, you obtain no rights under this Agreement from us, our affiliates or our licensors to the Offerings, including any related intellectual property rights. Some of Our Content and Third-Party Content may be provided to you under a separate license, such as the Apache License, Version 2.0, or other open source license. In the event of a conflict between this Agreement and any separate license, the separate license will prevail with respect to Our Content or Third-Party Content that is the subject of such separate license.

    9.3. License Restrictions. Neither you nor any End User will use the Offerings in any manner or for any purpose other than as expressly permitted by this Agreement. Except for as authorized, neither you nor any End User will, or will attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Content included in the Offerings (except to the extent Content included in the Offerings is provided to you under a separate license that expressly permits the creation of derivative works), (b) reverse engineer, disassemble, or decompile the Offerings or apply any other process or procedure to derive the source code of any software included in the Offerings (except to the extent applicable law doesn't allow this restriction), (c) access or use the Offerings in a way intended to avoid incurring fees or exceeding usage limits or quotas, (d) use scraping techniques to mine or otherwise scrape data except as permitted by a Plan, or (e) resell or sublicense the Offerings unless otherwise agreed in writing. You will not use Our Marks unless you obtain our prior written consent. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors). You will not imply any relationship or affiliation between us and you except as expressly permitted by this Agreement.

    9.4. Suggestions. If you provide any Suggestions to us or our affiliates, we and our affiliates will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions and agree to provide us any assistance we require to document, perfect, and maintain our rights in the Suggestions.

    9.5. U.S. Government Users. If you are a U.S. Government End User, we are licensing the Offerings to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Offerings are the same as the rights we grant to all others under these Terms of Use.

10. Indemnification.

    10.1. General.

        10.1.1. You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any Losses arising out of or relating to any claim concerning: (a) breach of this Agreement or violation of applicable law by you; or (b) a dispute between you and any of your customers or users. You will reimburse us for reasonable attorneys' fees and expenses, associated with claims described in (a) and (b) above.

        10.1.2. We will defend, indemnify, and hold harmless you and your employees, officers, directors, and representatives from and against any Losses arising out of or relating to any claim concerning our material and intentional breach of this Agreement. We will reimburse you for reasonable attorneys' fees and expenses associated with the claims described in this paragraph.

    10.2. Intellectual Property.

        10.2.1. Subject to the limitations in this Section 10, you will defend Linea, its affiliates, and their respective employees, officers, and directors against any third-party claim alleging that any of Your Content infringes or misappropriates that third party's intellectual property rights, and will pay the amount of any adverse final judgment or settlement.

        10.2.2. Subject to the limitations in this Section 10 and the limitations in Section 11, we will defend you and your employees, officers, and directors against any third-party claim alleging that the Offerings infringe or misappropriate that third party's intellectual property rights, and will pay the amount of any adverse final judgment or settlement. However, we will not be required to spend more than $200,000 pursuant to this Section 10, including without limitation attorneys' fees, court costs, settlements, judgments, and reimbursement costs.

        10.2.3. Neither party will have obligations or liability under this Section 10.2 arising from infringement by you combining the Offerings with any other product, service, software, data, content or method. In addition, we will have no obligations or liability arising from your use of the Offerings after we have notified you to discontinue such use. The remedies provided in this Section 10.2 are the sole and exclusive remedies for any third-party claims of infringement or misappropriation of intellectual property rights by the Offerings or by Your Content.

    10.3. Process. In no event will a party agree to any settlement of any claim that involves any commitment, other than the payment of money, without the written consent of the other party.

11. Limitation of Liability; Disclaimers; and Warranties

    11.1. Limitation of Amount. WITH THE EXCEPTION OF CLAIMS RELATING TO A BREACH OF OUR PROPRIETARY RIGHTS AS GOVERNED BY SECTION 9 AND INDEMNIFICATION AS GOVERNED BY SECTION 10, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LINEA TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT (REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM NEGLIGENCE OR OTHERWISE) EXCEED $100. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.

    11.2. Exclusion of Consequential and Related Damages. WE AND OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, OR OTHERWISE) ON WHICH ANY SUCH DAMAGES MAY BE BASED. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,

    11.3. THE OFFERINGS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. LINEA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY OFFERING THAT (I) ACCESS TO IT WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY; (II) IT WILL BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES; (III) THE OFFERINGS WILL BE SECURE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE; OR (IV) THE OFFERINGS WILL PREVENT ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. If you are a resident of New Jersey or another jurisdiction that does not allow the exclusion or limitation of consequential or certain other damages, this limitation of liability is intended to apply only to the extent permitted by law.

    11.4. OUR OFFERINGS RELY ON EMERGING TECHNOLOGIES, SUCH AS ETHEREUM. SOME OFFERINGS ARE SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY, OR FAILING TO PROPERLY UPDATE OR RUN SOFTWARE TO ACCOMMODATE PROTOCOL UPGRADES, LIKE THE TRANSITION TO PROOF OF STAKE CONSENSUS. BY USING THE OFFERINGS YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS. YOU REPRESENT THAT YOU ARE FINANCIALLY AND TECHNICALLY SOPHISTICATED ENOUGH TO UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS AND UPGRADING YOUR SOFTWARE AND PROCESSES TO ACCOMMODATE OFFERING AND PROTOCOL UPGRADES, AND THAT YOU HAVE A WORKING KNOWLEDGE OF THE USAGE AND INTRICACIES OF DIGITAL ASSETS SUCH AS ETHER (ETH) AND OTHER DIGITAL TOKENS, SUCH AS THOSE FOLLOWING THE ERC-20 TOKEN STANDARD. IN PARTICULAR, YOU UNDERSTAND THAT WE DO NOT OPERATE THE ETHEREUM PROTOCOL. YOU FURTHER UNDERSTAND THAT BLOCKCHAIN PROTOCOLS PRESENT THEIR OWN RISKS OF USE, THAT SUPPORTING OR PARTICIPATING IN THE PROTOCOL MAY RESULT IN LOSSES IF YOUR PARTICIPATION VIOLATES CERTAIN PROTOCOL RULES, THAT BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE, THAT YOUR PRIVATE KEY AND SECRET RECOVERY PHRASE MUST BE KEPT SECRET AT ALL TIMES, THAT LINEA WILL NOT STORE A BACKUP OF, NOR WILL BE ABLE TO DISCOVER OR RECOVER, YOUR PRIVATE KEY OR SECRET RECOVERY PHRASE, OR YOUR CONTENT, THAT DIGITALLY COPYING AND STORING YOUR SECRET RECOVERY PHRASE ON A CLOUD STORAGE SYSTEM OR OTHER THIRD PARTY SUPPORTED DATA STORAGE, INCLUDING YOUR PERSONAL DEVICE, MAY INCREASE THE RISK OF LOSS OR THEFT, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY APPROVALS OR PERMISSIONS YOU PROVIDE BY CRYPTOGRAPHICALLY SIGNING BLOCKCHAIN MESSAGES OR TRANSACTIONS, ESPECIALLY THOSE RESPONDING TO SOLICITATIONS AND OTHER PROMPTS FROM THIRD PARTIES. WITH RESPECT TO THIRD PARTIES, YOU ARE AWARE THAT SOCIAL ENGINEERING SCAMS LIKE PIG BUTCHERING PERPETRATED BY MALICIOUS THIRD PARTIES IS A RISK AND YOU AGREE THAT YOU AND YOU ALONE ARE RESPONSIBLE FOR TRANSACTIONS OR AGREEMENTS WITH SUCH THIRD PARTIES THAT MAY LEAD TO INJURY. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR VERIFYING THE LEGITIMACY OR SAFETY OR SUITABILITY OF ANY THIRD PARTY APPLICATIONS OR TOKENS THAT YOU MAY INTERACT WITH OR RECEIVE USING OUR OFFERINGS. YOU ARE AWARE THAT THERE ARE TECHNICAL MEASURES IN CERTAIN OFFERINGS THAT IMPROVE USER SAFETY, AND YOU ARE SOLELY RESPONSIBLE FOR UNDERSTANDING HOW THEY FUNCTION AND USING THEM AS APPROPRIATE.

    11.5. YOU FURTHER UNDERSTAND AND ACCEPT THAT DIGITAL ASSETS PRESENT MARKET VOLATILITY RISK, TECHNICAL SOFTWARE RISKS, REGULATORY RISKS, AND CYBERSECURITY RISKS. YOU UNDERSTAND THAT THE COST AND SPEED OF A BLOCKCHAIN-BASED SYSTEM IS VARIABLE, THAT COST MAY INCREASE DRAMATICALLY AT ANY TIME, AND THAT COST AND SPEED IS NOT WITHIN THE CAPABILITY OF LINEA TO CONTROL. YOU UNDERSTAND THAT PROTOCOL UPGRADES MAY INADVERTENTLY CONTAIN BUGS OR SECURITY VULNERABILITIES THAT MAY RESULT IN LOSS OF FUNCTIONALITY AND ULTIMATELY FUNDS.

    11.6. YOU UNDERSTAND AND ACCEPT THAT LINEA DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR ANY THIRD PARTY SERVICE. YOU AGREE THAT YOU ALONE, AND NOT LINEA, IS RESPONSIBLE FOR ANY TRANSACTIONS THAT YOU ENGAGE IN WITH REGARD TO SUPPORTING ANY BLOCKCHAIN PROTOCOL WHETHER THROUGH TRANSACTION VALIDATION OR OTHERWISE, OR ANY TRANSACTIONS THAT YOU ENGAGE IN WITH ANY THIRD-PARTY-DEVELOPED SMART CONTRACT OR TOKEN, INCLUDING TOKENS THAT WERE CREATED BY A THIRD PARTY FOR THE PURPOSE OF FRAUDULENTLY MISREPRESENTING AFFILIATION WITH ANY BLOCKCHAIN PROJECT. YOU AGREE THAT LINEA IS NOT RESPONSIBLE FOR THE REGULATORY STATUS OR TREATMENT IN ANY JURISDICTION OF ANY DIGITAL ASSETS THAT YOU MAY ACCESS OR TRANSACT WITH USING LINEA OFFERINGS. YOU EXPRESSLY ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE OFFERINGS TO INTERACT WITH BLOCKCHAIN PROTOCOLS.

12. Additional Risks

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

        12.1.1. Security Council. Certain aspects of the Protocol and the Bridge, as evolving pieces of public infrastructure, are governed by a Security Council made up of a certain number of individuals. The Security Council is currently a set of keyholders who administer certain aspects of the network through a multisignature wallet that requires a certain subset of the Council to sign a message in order to implement certain actions. The Security Council may implement, or fail to implement, a protocol upgrade that significantly impacts the the Protocol, or introduces other risks, bugs, malfunctions, cyberattack vectors, or other changes to the Protocol that could disrupt the operation of the Interface, the functionality of bridging, your ability to access bridged digital assets, or otherwise cause you damage or loss. The Security Council multisignature wallet itself may be the target of cyberattacks or other exploits, resulting in malicious acts that may cause you complete and total loss. You acknowledge and agree that the Security Council owes users of the Offerings no fiduciary duty and no other specialized duty of care and has no other relationship, contractual or otherwise, to users of the Protocol.

        12.1.2. Smart contract token pools. The Bridge smart contracts control a pool of ETH tokens on the Ethereum protocol and a pool of Protocol-native ETH tokens on the Protocol. If either pool is fully depleted, then the Bridge would be unable to execute a user's instruction to issue it a token on the network the user is trying to move their funds to. While there are measures in place to mitigate the risk of pool depletion, there may at the very least be delays in Bridge transactions while either pool is depleted or very low. You accept the risk that, after depositing a token on one end of the Bridge, you may not be able to get that token back due to the pool being depleted by other users.

        12.1.3. Sequencer. The Protocol sequencer is the method through which transactions on the Protocol are ordered and finalized into blocks. It is software that accesses a private key for the purpose of signing messages continuously as blocks are created. Because the sequencer's private key must remain online, there is risk that, despite inherent difficulties of such an attack and various mitigation efforts, the sequencer private key could be compromised and, as a result, the funds locked into the Bridge smart contracts could be stolen.

        12.1.4. Rollup state. Although steps have been taken to ensure the code underlying the Protocol and the Bridge are robust and resilient, there is still the risk that a severe software bug exists that could corrupt the data that the rollup sends to the Ethereum network. Further, while a problem with a corrupted state could be addressed by the Security Council, such mitigation measures that may or may not be taken may also have unforeseen negative consequences on the Protocol or the Bridge and, as a result, on any of your funds. During the alpha, verification of the the rollup state may be delayed on Ethereum.

        12.1.5. Cloud. Multiple components that contribute to the functioning of the Protocol are serviced by a commercial cloud computing provider. If that provider experiences service outages, then there will be an interruption in the functioning of the Protocol.

        12.1.6. Regulatory risks. Digital assets, blockchain technology, and any related software and services are subject to legal and regulatory uncertainty in the United States and other jurisdictions. Legislative and regulatory changes or actions may adversely affect the usage, transferability, transactability and accessibility of the Protocol, the Bridge, or the Interface.

        12.1.7. Additional risks, which may not be exhaustive, may be posted from time to time here: https://docs.linea.build/risk-disclosures

13. BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

    13.1. Binding Arbitration. Any dispute, claim or controversy ("Claim") relating in any way to this Agreement, the Site, or your use of the Offerings will be resolved by binding arbitration as provided in this Section 13, rather than in court, except that you may assert claims in small claims court if your claims qualify.

        13.1.1. If you are located in the United States: This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the State of Texas. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. The arbitration will be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”) as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in a Federal District Court or a Texas state court located in Tarrant County, Texas. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. If for any reason a claim proceeds in court rather than in arbitration we and you waive any right to a jury trial. Notwithstanding the foregoing we and you both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

        13.1.2. If you are located in the United Kingdom: This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Any dispute, claim or controversy relating in any way to this Agreement, the Offerings, your use of the Offerings, or to any products or services licensed or distributed by us will be resolved by binding arbitration as provided in this clause. Prior to commencing any formal arbitration proceedings, parties shall first seek settlement of any claim by mediation in accordance with the LCIA Mediation Rules, which Rules are deemed to be incorporated by reference into this clause. If the dispute is not settled by mediation within 14 days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules, which are deemed to be incorporated by reference into this clause. The language to be used in the mediation and in the arbitration shall be English. The seat or legal place of arbitration shall be London.

        13.1.3. If you are located in any territory that is not specifically enumerated in Sections 13.1.1 or 13.1.2, you may elect for either of Section 13.1.1 or 13.1.2 to apply to you, otherwise this Agreement and any Claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Ireland. Any Claim relating in any way to this Agreement, the Offerings, your use of the Offerings, or to any products or services licensed or distributed by us will be resolved by binding arbitration as provided in this clause. Prior to commencing any formal arbitration proceedings, parties shall first seek settlement of any claim by mediation in accordance with the LCIA Mediation Rules, which Rules are deemed to be incorporated by reference into this clause. If the dispute is not settled by mediation within 14 days of the commencement of the mediation, or such further period as the parties shall agree in writing, the Claim shall be referred to and finally resolved by arbitration under the LCIA Rules, which are deemed to be incorporated by reference into this clause. The language to be used in the mediation and in the arbitration shall be English. The seat or legal place of arbitration shall be Dublin, Ireland.

    13.2. Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

    13.3. No Opt Out. If you do not wish to be bound by the arbitration and class action waiver provisions or any of the terms set forth herein, you are not authorized to use the Offerings, and you may not use the Offerings. The arbitration and class action waiver provisions are a fundamental term of our consideration in providing the Offerings, and they are expressly not made available absent agreement to these provisions to the maximum extent permitted by law.

14. Miscellaneous.

    14.1. Entire Agreement and Modifications. This Agreement incorporates the Policies by reference and is the entire agreement between you and us regarding the subject matter of this Agreement. If the terms of this document are inconsistent with the terms contained in any Policy, the terms contained in this document will control. Any modification to the terms of this Agreement may only be made in writing.

    14.2. Force Majeure. Neither party nor their respective affiliates will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond such party’s reasonable control, including but not limited to acts of God, utilities or other telecommunications failures, cyber attacks, earthquake, storms or other elements of nature, pandemics, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

    14.3. Export and Sanctions Compliance. In connection with this Agreement, you will comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including all such laws and regulations that prohibit certain transactions. For clarity, you are solely responsible for compliance related to the manner in which you choose to use the Offerings. You may not use any Offering if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Offering.

    14.4. Independent Contractors; Non-Exclusive Rights. We and you are independent contractors, and this Agreement will not be construed to create a partnership, joint venture, agency, or employment relationship. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. Both parties reserve the right (a) to develop or have developed for it products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques developed or contemplated by the other party, and (b) to assist third party developers or systems integrators who may offer products or services which compete with the other party’s products or services.

    14.5. Eligibility. If you are under the age of majority in your jurisdiction of residence, you may use the Site or Offerings only with the consent of or under the supervision of your parent or legal guardian.

    14.6. NOTICE TO PARENTS AND GUARDIANS: By granting your minor permission to access the Site or Offerings, you agree to these Terms of Use on behalf of your minor. You are responsible for exercising supervision over your minor’s online activities. If you do not agree to these Terms of Use, do not let your minor use the Site or Offerings.

    14.7. Language. All communications and notices made or given pursuant to this Agreement must be in the English language. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict.

    14.8. No Third-Party Beneficiaries. Except as otherwise set forth herein, this Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.

    14.9. No Waivers. The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

    14.10. Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.

15. Definitions.

“Acceptable Use Policy” means the policy set forth below, as it may be updated by us from time to time. You agree not to, and not to allow third parties to, use the Offerings:

• to violate, or encourage the violation of, the legal rights of others (for example, this may include allowing End Users to infringe or misappropriate the intellectual property rights of others in violation of the Digital Millennium Copyright Act);
• to engage in, promote or encourage any illegal or infringing content;
• for any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, this may include phishing, creating a pyramid scheme or mirroring a website);
• to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;
• to interfere with the use of the Offerings, or the equipment used to provide the Offerings, by customers, authorized resellers, or other authorized users;
• to disable, interfere with or circumvent any aspect of the Offerings (for example, any thresholds or limits);
• to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertising or other solicitation; or
• to use the Offerings, or any interfaces provided with the Offerings, to access any other product or service in a manner that violates the terms of service of such other product or service.

"Content" means any data, text, audio, video or images, software (including machine images), and any documentation.

"Digital Assets" means any digital asset (including virtual currency or virtual commodity) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network.

"End User" means any individual or entity that directly or indirectly through another user: (a) accesses or uses Your Content; or (b) otherwise accesses or uses the Offerings under your account.

"Losses" means any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees).'

"Our Content" means any software (including machine images), data, text, audio, video, images, or documentation that we offer in connection with the Offerings.

"Our Marks" means any trademarks, service marks, service or trade names, logos, and other designations of the Linea Association and their affiliates or licensors that we may make available to you in connection with this Agreement.

"Offerings" means each of the products and services, including but not limited to the Protocol, Interface, Bridge, and any other features, tools, materials, or services offered from time to time, by us or our affiliates.

"Policies" means the Acceptable Use Policy above, Privacy Policy, any supplemental policies or addendums applicable to any Service as provided to you, and any other policy or terms referenced in or incorporated into this Agreement, each as may be updated by us from time to time.

"Privacy Policy" means the privacy policy located at https://linea.build/privacy-policy (and any successor or related locations designated by us), as it may be updated by us from time to time.

"Third-Party Content" means Content made available to you by any third party on the Site or in conjunction with the Offerings.

"Your Content" means content that you or any End User transfers to us for storage or hosting by the Offerings and any computational results that you or any End User derive from the foregoing through your use of the Offerings, excluding however any information submitted to a blockchain protocol for processing.