PRODUCT TERMS

PRODUCT SPECIFIC TERMS

Effective date: August 2025

These Everstake Product Specific Terms (“Terms”) govern your access to and use of certain products and services (collectively, the “Services”) provided by Everstake Inc., a Delaware corporation, and its affiliates (collectively, “Everstake,” “Company,” “we,” “us,” or “our”) as specifically identified herein.

By accessing or using any of the Services, you (“Authorized User” or “you”) agree to be legally bound by these Terms. Please read them carefully before using the Services. If you do not agree to these Terms, you may not access or use the Services.

These Terms are intended to be read together with, and are hereby incorporated by reference into, Everstake’s Terms of Use and Privacy Notice, available on our Website (https://everstake.one/). Except as otherwise expressly set forth in these Terms, in the event of a conflict or inconsistency, our Terms of Use shall govern, followed by these Terms.

1. DEFINITIONS

For the purposes of these Terms, the following definitions shall apply. Any capitalized terms (or lowercase terms specifically defined in our Terms of Use) not defined in these Terms have the meanings set forth in our Terms of Use.

API means the application programming interface(s) provided by Everstake that enables programmatic access to the Services.

Authorized User means an individual or entity who is granted access to the Services by Everstake, whether through credentials, API keys, direct agreements, or other approved methods.

Blockchain Network means a distributed and decentralized digital ledger that is not under the control of a single individual or entity, and where accounts cannot be manipulated without providing a user’s specific private key, and where transactions are recorded and verified without the control of a single entity.

Data means any information, stream, result, content, or metadata provided or made accessible via the Services, including but not limited to Solana shreds, historical Ethereum balances, financial activity, or staking information.

Monthly Subscription refers to the subscription available to Authorized Users on the Website with specified features, specifications, limits, and pricing. 

Term means a period of time during which the Authorized User is entitled to use Services under the Monthly Subscription.

Third-party Services means any product, software, or service not owned or controlled by Everstake that may interoperate or integrate with the Services.

Website means Everstake’s online platform, including its domains, interfaces, and any related content available at everstake.one.

2. ELIGIBILITY

To access or use the Services, you must meet all of the following eligibility requirements. By using the Services, you represent, warrant, and agree that: (i) you are at least eighteen (18) years of age, or the age of majority in your jurisdiction of residence (whichever is higher), and you have the full right, power, and legal capacity to enter into and comply with these Terms. If you are using the Services on behalf of a company, organization, or other legal entity, you represent that you are authorized to bind that entity to these Terms; (ii) you are not located in, ordinarily resident in, or otherwise accessing the Services from any country or territory that is subject to comprehensive sanctions or embargoes by the United States, the European Union, or other applicable jurisdictions (including, but not limited to, Cuba, Iran, North Korea, Syria, and regions of Ukraine currently subject to international sanctions) and listed on any U.S. government or EU sanctions list, including the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List (SDN List), or similar lists maintained by other jurisdictions; (iii) you will comply with all applicable local, national, and international laws, regulations, and regulatory guidance in connection with your access to and use of the Services, including any restrictions or obligations related to financial services, anti-money laundering (AML), sanctions, or data protection.

3. SERVICES

The Services covered by these Terms consist of products provided by Everstake, including, but not limited to (i) Solana ShredStream, (ii) Stake-Weighted Quality of Service (SWQoS), and (iii) FOMO, as further defined and described on the Website.

Subject to compliance with these Terms, Everstake grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services in accordance with the terms of a valid Monthly Subscription plan selected by you. By subscribing to or using any of the Services, you acknowledge and agree to the specific features, usage limitations, system requirements, and service descriptions made available on the Website and in applicable technical documentation, which are incorporated herein by reference. You are solely responsible for reviewing and understanding such materials prior to using the Services.

Everstake will use commercially reasonable efforts to ensure the Services’ availability, reliability, and performance to support your use of the Blockchain Network. However, you acknowledge that Everstake does not guarantee uninterrupted access, error-free operation, or accuracy of any data obtained through the Services. Service performance may be affected by external factors beyond Everstake’s control, including but not limited to network congestion, blockchain instability, or third-party disruptions. 

You agree that Everstake may, without prior notice or consent, engage subcontractors, affiliates, or third-party service providers to perform all or part of the Services under these Terms, provided that Everstake remains responsible for the acts and omissions of such parties as if they were its own.

 

4. FEES

 

Everstake provides the Services on a subscription basis through one or more types of Monthly Subscriptions. The scope, specifications, usage limits, and pricing applicable to each Monthly Subscription are published on the Website or made available to you upon request and may be updated from time to time.

It is the sole responsibility of the Authorized User to review and understand the applicable Monthly Subscription terms before purchase, including any technical limitations, throughput caps, service tier features, and billing frequency.

Everstake may, at its sole discretion, offer certain Monthly Subscriptions free of charge for promotional or evaluation purposes. Such free access is subject to eligibility and may be modified, restricted, or discontinued at any time without prior notice or liability. No guarantees are made as to performance or uptime during trial access.

Fees for each Monthly Subscription will be charged in advance at the start of the Term. The initial Term begins upon successful payment and will automatically renew on a monthly basis unless and until canceled by the Authorized User prior to the next renewal date.

If the Authorized User exceeds the usage limits or rate caps associated with the selected Monthly Subscription, Everstake reserves the right to assess additional fees for such excess usage. The Authorized User agrees to pay any such overage charges in accordance with the applicable billing terms. Everstake may also, at its discretion, throttle or suspend access if excessive use jeopardizes system stability or service integrity.

The Authorized User is solely responsible for monitoring the usage of their selected Monthly Subscription, including adherence to any applicable limits and restrictions. We shall not be held liable for any unexpected fees incurred by the Authorized User due to exceeding such limits, including but not limited to cases where excess usage results from errors, bugs, or misconfigurations in the Authorized User's code or systems.

No refunds will be issued unless the Services materially deviate from the features, limits, or service specifications expressly disclosed to the Authorized User prior to purchase. Refunds are not available for unused periods, subscription downgrades, or early cancellations.

The Services, Monthly Subscriptions, and any other products, as well as their specifications and pricing, placed on the Website, are subject to change at any time, and Everstake is not responsible for prior notification of the Authorized User of any such changes.

5. RISK DISCLOSURE

You acknowledge and agree that the Services provided by Everstake operate in connection with decentralized blockchain protocols. Such technologies are subject to change, network congestion, protocol upgrades, and other risks beyond Everstake’s control.

By using the Services, you expressly understand and accept the following risks:

• Protocol instability: blockchain networks may experience forks, downtime, or degradation that may affect service reliability, data accuracy, or transaction finality;
• Latency and performance variability: due to network congestion or third-party disruptions, the Services may deliver data or broadcast transactions with delays or interruptions;
• Data incompleteness: blockchain data accessed through the Services is derived from third-party public networks and may be incomplete, temporarily unavailable, or reflect inconsistencies inherent in distributed systems.
• Regulatory and legal uncertainty: the legal status and regulatory treatment of blockchain services and Digital Assets remain uncertain in many jurisdictions, which may impact your use of the Services or subject you to additional compliance obligations.

Everstake does not and cannot control the underlying blockchain networks and disclaims liability for any adverse effects resulting from such risks. You are solely responsible for evaluating whether the Services are appropriate for your technical, operational, and legal needs.

 

6. REPRESENTATIONS AND WARRANTIES

 

As a condition precedent to accessing or using the Services, you represent and warrant that:

• Legal capacity: You are at least eighteen (18) years of age or the age of majority in your jurisdiction (whichever is higher), and you have the full legal right, authority, and capacity to enter into binding contractual relationships and to comply with these Terms.
• No legal prohibition: Your use of the Services does not and will not violate, conflict with, or result in a breach of any applicable law, regulation, decree, order, judgment, agreement, or contractual obligation to which you are subject, including but not limited to financial services, sanctions, anti-money laundering (AML), anti-terrorist financing (CFT), tax, export control, or consumer protection laws.
• Independent assessment: You are knowledgeable, experienced, and sophisticated in evaluating blockchain-based technologies, and you have independently conducted your own due diligence, analysis, and risk assessment prior to using the Services. You have not relied on any representation, statement, omission, or warranty (written or oral, express or implied) made by or on behalf of Everstake in connection with your decision to access or use the Services.
• System control and security: You are solely responsible for the configuration, security, and proper functioning of your own systems and infrastructure in connection with your use of the Services. This includes maintaining secure access credentials, monitoring for unauthorized activity, and implementing rate-limiting or protective controls as required.

 

7. PROHIBITED ACTIVITIES

 

You agree not to use, or attempt to use, the Services in any manner that is unlawful, abusive, or otherwise inconsistent with these Terms. Specifically, you shall not:

• Use the Services in any way that could damage, disable, interfere with, or impair the normal operation, integrity, or performance of the Services or any related infrastructure;
• Attempt to gain unauthorized access to any account, API key, system, network, or data associated with Everstake or another user;
• Access, scrape, download, or extract data from the Services using automated tools (including but not limited to bots, crawlers, spiders, or scrapers), except as expressly permitted through Everstake’s public APIs under an authorized use;
• Introduce or distribute any viruses, worms, malware, spyware, Trojan horses, logic bombs, or other harmful or malicious code into or through the Services, or launch any denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks;
• Impersonate Everstake, its employees, partners, other users, or any third party, or misrepresent your affiliation with any person or entity;
• License, sell, lease, transfer, distribute, or commercially exploit the Services or any part thereof, except as expressly permitted in writing by Everstake;
• Copy, modify, decompile, reverse-engineer, disassemble, or create derivative works based on the Services or any underlying software, infrastructure, or intellectual property;
• Use the Services to develop or assist in developing any product or service that competes with the Services or other offerings provided by Everstake;
• Use the Services in violation of any applicable law or regulation, including those related to sanctions, AML/CFT, export controls, or data privacy;
• Circumvent, bypass, or attempt to evade any access control, rate limit, or security mechanism implemented by Everstake, including through the use of proxy servers, VPNs, anonymizers, or other obfuscation tools;
• Aid, facilitate, or encourage any third party to engage in any of the prohibited activities described above.

 

8. EXTERNAL SERVICES

 

The Services may interact with, rely on, or be integrated into third-party services, tools, systems, or protocols that are not owned or operated by Everstake (“Third-Party Services”), including but not limited to public blockchain networks (e.g., Solana, Ethereum), third-party APIs, data feeds, and hosting providers.

You acknowledge and agree that:

• Everstake does not control the operation, reliability, or security of any Third-Party Services;
• Third-Party Services are subject to their own terms and conditions, which you are solely responsible for reviewing and complying with;
• The availability or performance of the Services may be impacted by downtime, changes, or malfunctions in any Third-Party Service;
• Everstake shall not be liable for any damages, delays, or disruptions arising from or relating to the performance or failure of any Third-Party Services.

Your use of Third-Party Services is entirely at your own risk, and you are responsible for evaluating the suitability and reliability of such services in the context of your intended use.

 

9. DISCLAIMER

 

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND SERVICES, INCLUDING ALL COMPONENTS, FEATURES, FUNCTIONALITY, DOCUMENTATION, AND MATERIALS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVERSTAKE EXPRESSLY DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM DEFCTS, TITLE, SECURITY, AVAILABILITY, QUALITY, RELIABILITY, ACCURACY, QUIET ENJOYMENT, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SPEED OF DELIVERY AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NEITHER EVERSTAKE NOR ANY OF OUR REPRESENTATIVES REPRESENT OR WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, ITS CONTENT, OR SERVICES MADE AVAILABLE UNDER OR CONNECTION WITH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

From time to time, the Services may be inaccessible or inoperable for any reason, including: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that we or any of our suppliers or contractors may undertake from time to time; (c) causes beyond our control or that we could not reasonably foresee; (d) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (e) unavailability of third-party service providers or external partners for any reason.

We reserve the right, without liability to you, to suspend, modify, restrict, or discontinue access to any part of the Services at any time and for any reason, including where we reasonably believe you have violated these Terms or made false, misleading, or inaccurate representations.

The Services are subject to ongoing development and may change over time. Everstake reserves the right to modify, improve, replace, or discontinue any Service or feature, either temporarily or permanently, in its sole discretion.

Nothing in the Services, Website, or related content shall be construed as legal, financial, investment, tax, business, or any other form of regulated advice. You are solely responsible for evaluating your own circumstances and are strongly encouraged to consult with professional advisors before relying on any information provided through the Services.

All materials, blog posts, tutorials, news feeds, third-party content, community messages (e.g., on Discord or X/Twitter), or other communications made available by Everstake are for informational purposes only. You agree not to take or refrain from taking action based solely on such materials.

These Terms are not intended to, and do not create or impose any fiduciary duties on Everstake or its affiliates.

 

10. INTELLECTUAL PROPERTY

 

EVERSTAKE CONTENT. The Services and Website may include various materials, collectively referred to as "Content", including but not limited to software, source code, APIs, text, graphics, images, illustrations, designs, sound recordings, audiovisual works, documentation, and other content made available by or on behalf of Everstake.

Unless otherwise indicated, all Content is either (i) owned by Everstake Inc. or its affiliates or (ii) licensed to Everstake by third parties under legally enforceable agreements. Such Content is protected by copyright, trademark, trade secret, and other applicable intellectual property laws and treaties.

You acknowledge that you do not acquire any ownership or other rights in or to the Content through your use of the Services. You may use the Content solely as permitted under these Terms, and only for the purposes of accessing and using the Services as intended. Any other use of the Content, including for commercial exploitation, modification, reproduction, public display, or distribution, is strictly prohibited unless expressly authorized in writing by Everstake.

You may not:

• Sell, transfer, assign, license, sublicense, or otherwise commercially exploit any Content;
• Create derivative works based on the Content;
• Remove or obscure any copyright notices, trademarks, or proprietary legends contained in or on the Content;
• Reverse-engineer, decompile, or attempt to extract the source code of any proprietary software or technology.

If you reproduce any portion of the Content (where permitted), you must retain all proprietary notices and copyright legends contained in the original.

TRADEMARKS. All trademarks, logos, service marks, product names, and trade names appearing on the Website or in the Services (collectively, the "Trademarks") are the property of Everstake or its licensors and may be registered or unregistered.

Nothing in these Terms or the Services shall be construed as granting any license or right to use the Trademarks, whether by implication, estoppel, or otherwise, without Everstake’s prior express written permission for each specific use. Any goodwill arising from the use of the Trademarks shall inure solely to the benefit of Everstake or its respective rights holders.

USER CONTENT. You retain ownership of any data, content, or other materials you submit, transmit, or make available through the Services (“User Content”). By submitting or transmitting User Content, you grant Everstake a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, transferable, and fully sublicensable license to use, reproduce, adapt, modify, translate, create derivative works from, publish, distribute, publicly display, and otherwise exploit such User Content:

• For the provision, maintenance, and improvement of the Services;
• For analytics, diagnostics, support, or performance optimization;
• To comply with legal obligations or enforce these Terms.

You represent and warrant that you have all necessary rights and consents to submit the User Content and that such content does not infringe, misappropriate, or otherwise violate any third-party rights or applicable law.

 

11. PROHIBITION TO USE

 

BY ACCESSING AND USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY), HAVE NOT BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” JURISDICTION, HAVE NOT BEEN INCLUDED IN THE DENIED PERSONS OR ENTITY LIST OF THE U.S. DEPARTMENT OF COMMERCE OR THAT YOU ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES, AND ANY OTHER RESPECTIVE SANCTION LISTS OF THE UNITED KINGDOM, EUROPEAN UNION, CANADA OR ANY OTHER JURISDICTION. 

GENERALLY WE DO NOT PROVIDE SERVICES TO COMPANIES OR INDIVIDUALS FROM, NOR PROVIDE SERVICES IN COUNTRIES AND TERRITORIES, INCLUDING BUT NOT LIMITED TO: RUSSIA, BELARUS, TEMPORARY OCCUPIED TERRITORIES OF UKRAINE (KHERSON, ZAPORIZHZHIA, DONETSK, LUHANSK REGIONS AND THE CRIMEA), IRAN, NORTH KOREA, SYRIA, AFGHANISTAN, MYANMAR, LIBYA, TUNISIA, VENEZUELA, YEMEN, DEMOCRATIC REPUBLIC OF KONGO, ZIMBABWE, MALI, GUINEA, SUDAN, SOMALIA, IRAQ, AND CUBA.

WE RESERVE THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS AND MAY RESTRICT OR REFUSE, IN OUR DISCRETION, THE PROVISION OF SERVICES IN CERTAIN JURISDICTIONS. 

YOU ACKNOWLEDGE THAT THERE ARE LEGAL REQUIREMENTS IN VARIOUS JURISDICTIONS WHICH MAY RESTRICT THE SERVICES THAT WE CAN LAWFULLY PROVIDE. ACCORDINGLY, SERVICES MAY NOT BE AVAILABLE OR MAY BE RESTRICTED IN CERTAIN JURISDICTIONS OR REGIONS OR TO CERTAIN USERS. YOU SHALL BE RESPONSIBLE FOR INFORMING YOURSELF ABOUT AND OBSERVING ANY RESTRICTIONS AND/OR REQUIREMENTS IMPOSED WITH RESPECT TO THE ACCESS TO AND USE OF THE SERVICES IN EACH JURISDICTION FROM WHICH THE SERVICES ARE ACCESSED BY YOU. 

WE RESERVE THE RIGHT TO CHANGE, MODIFY OR IMPOSE ADDITIONAL RESTRICTIONS WITH RESPECT TO THE ACCESS TO AND USE OF THE SERVICES FROM TIME TO TIME AT OUR SOLE DISCRETION AT ANY TIME WITHOUT PRIOR NOTIFICATION.

 

12. LIMITATION OF LIABILITY

 

To the fullest extend provided by law, Everstake shall not be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages under any legal theory, arising out of or in connection with your access and use or inability to access or use the Website and/or Services, or any Third-Party Services, including but not limited to lost profits, loss of data or a data breach, loss of goodwill, or service interruptions, loss of business or anticipated savings, loss of use, loss of profits, computer damage, system failures, or the cost of substitute services, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

The limitation of liability set out above does not apply to liability resulting from death or bodily injury resulting from our negligence or fraud related to the Services. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

In any event, Everstake’s total aggregate liability shall not exceed the amount actually paid by you to Everstake for the Services during the three (3) calendar months immediately preceding the claim.

Everstake shall not be responsible for, and shall not be held liable for, any losses, damages, or claims arising from:

• User errors, including but not limited to forgotten private keys, incorrectly executed transactions, or mistyped wallet addresses;
• Server failures, data loss, or technology malfunctions;
• Issues with Blockchain Networks, including downtime, forks, validator node failures, or corrupt files;
• Unauthorized access to the Services;
• Third-party actions, including cyberattacks such as viruses, phishing attempts, brute-force attacks, or other security breaches.

Everstake is not responsible for any disruptions or issues affecting Blockchain Networks, including but not limited to network downtime, governance decisions, protocol modifications, or other Blockchain-related risks that may impact the value or usability of Digital Assets.

You waive the right to participate in any class action, private attorney general action, or other representative proceeding, and agree not to join or consolidate your claims with those of any other person; and neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, civil unrest, government action, labor disputes, or failures of third-party infrastructure or telecommunications services.

 

13. INDEMNIFICATION

 

You agree to (i) indemnify, defend, and hold harmless Everstake, its affiliates, officers, directors, employees, agents, contractors, and partners from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to any third-party claim alleging that your use of the Services violates these Terms, infringes or misappropriates any intellectual property or proprietary right, or otherwise violates applicable law; and (ii) promptly cooperate with Everstake in the defense of any such claim, including providing timely written notice and granting Everstake sole control over the defense and settlement of such claim, provided that Everstake will use commercially reasonable efforts to mitigate losses and will not settle any claim without your prior written consent if such settlement imposes a direct obligation on you.

 

14. TERM AND TERMINATION

 

These Terms begin when the payment of the Monthly Subscription Fee is received and continue until the Authorized User cancels the Monthly Subscription.

You may cancel your Monthly Subscription at any time at your sole discretion. Any cancellation shall be effective at the end of the respective month when the Monthly Subscription is cancelled.

Everstake may suspend Services if an Authorized User fails to pay, and/or use of the Services violates any applicable law and/or use of the Services breaches these Terms and threatens the integrity of the Website and/or Services.

At termination or expiration, all licenses granted by either party shall terminate.

 

15. GENERAL

 

Everstake will process your data in accordance with its Privacy Notice.

We reserve the right to alter, amend, or modify these Terms from time to time, at our sole discretion, for any reason, including, but not limited to, technical developments or any change or improvement of the Services. It is your responsibility to review these Terms from time to time. By continuing to use our Website and Services, you automatically agree with and accept these Terms and give your consent to be bound by them.

Neither party may assign, transfer, charge or otherwise encumber, create any trust over, or deal in any manner with these Terms, or any right, benefit, or interest under it, nor transfer or novate without the other party’s prior written consent.

Neither Party shall be liable for any failure or delay in the performance of its obligations under these Terms if such failure or delay is caused by, or results from, acts beyond the reasonable control of such Party, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, government orders, strikes, labor disputes, power outages, or any other event that is unforeseeable and unavoidable despite the exercise of reasonable diligence (a "Force Majeure Event"). The Party affected by a Force Majeure Event shall notify the other Party as soon as practicable, specifying the nature and expected duration of the Force Majeure Event.

These Terms are the exclusive statement of agreement and understanding between the parties. These Terms exclude and supersede all prior or contemporaneous proposals, understandings, agreements, or representations about their subject matter. Each party agrees that in entering into these Terms, neither party relies on, and will have no remedy in respect of, any proposal, understanding, agreement, or representation other than as set out in these Terms. These Terms do not confer any rights in favour of any person other than the parties to these Terms.

Any matters related to governing law, dispute resolution, or other legal provisions not expressly addressed in these Terms shall be governed by and construed in accordance with the Terms of Use. For the avoidance of doubt, in the event of any dispute, controversy, or claim arising out of or relating to these Terms or the performance, breach, or termination thereof, such matters shall be subject to the governing law and dispute resolution provisions set forth in the Terms of Use.