Please read this Terms of Use Agreement (the “Terms of Use”) carefully. The website located at [Solanasleeper.com] (“[Solana Sleeper],” “we,” or “our”) and any related digital property, site, or subdomain owned or operated by [Solana Sleeper Inc.], from or through which these Terms of Use are linked (collectively, the “Website”), and the information contained therein, are owned or controlled by [Solana Sleeper]. These Terms of Use govern your use of the Website and certain [Solana Sleeper] products, services, software, firmware, technology, and other resources, including those made available through or enabled via the Website and as described below (each, including the Website, a “Service” and collectively, the “Services”).

BY USING THE SERVICES, INCLUDING REGISTERING YOUR GAMING MOUSE, DOWNLOADING COMPANION SOFTWARE OR FIRMWARE, OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH [Solana Sleeper], AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF USE PERSONALLY OR ON BEHALF OF THE ENTITY (WHETHER OR NOT FORMALLY INCORPORATED) YOU REPRESENT OR HAVE IDENTIFIED AS THE USER, AND TO BIND THAT ENTITY TO THESE TERMS. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTER YOUR DEVICE OR ACCESS THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE OR SERVICES.

The Services may include one or more interfaces that allow users of certain Services (“Users”) to interact with third-party software platforms or ecosystems (collectively, the “Third-Party Platforms”), such as game integration APIs or cloud-based configuration tools. For clarity, these Third-Party Platforms are not owned or controlled by [Solana Sleeper], are not part of the Services, and are not provided by [Solana Sleeper]. [Solana Sleeper] has no obligation to monitor or control any use of such Third-Party Platforms, including any use that occurs independently of the Services. [Solana Sleeper] makes no representations or warranties regarding the functionality, availability, or security of any Third-Party Platform, whether accessed by you or others. Your use of any Third-Party Platform is entirely at your own risk, and [Solana Sleeper] shall not be liable to you or any third party for any loss or damage arising from or related to your use of, or inability to use, such platforms. Notwithstanding anything to the contrary in this Agreement, you agree that the provisions of Section 11 (Disclaimer of Warranties and Conditions) apply, mutatis mutandis, to any claims against [Solana Sleeper] arising from your use of any Third-Party Platform. YOU ACCESS AND/OR INTERACT WITH THIRD-PARTY PLATFORMS AT YOUR OWN RISK.

PLEASE NOTE THAT SECTION 16 (DISPUTE RESOLUTION) OF THIS AGREEMENT CONTAINS IMPORTANT TERMS REGARDING HOW YOU AND [Solana Sleeper] WILL RESOLVE DISPUTES, INCLUDING THOSE THAT MAY HAVE ARISEN BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 16 INCLUDES AN ARBITRATION AGREEMENT THAT, WITH LIMITED EXCEPTIONS, REQUIRES DISPUTES TO BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION. UNLESS YOU CHOOSE TO OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU MAY ONLY BRING CLAIMS AGAINST [Solana Sleeper] ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION; AND (2) YOU WAIVE YOUR RIGHT TO BRING CLAIMS IN COURT OR TO HAVE A JURY TRIAL.

ANY DISPUTE, CLAIM, OR REQUEST FOR RELIEF ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR ANY SERVICE WILL BE GOVERNED BY AND INTERPRETED UNDER THE LAWS OF HONG KONG, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES THAT WOULD APPLY THE LAWS OF ANOTHER JURISDICTION.

PLEASE NOTE THAT SECTION 4.4 (COMMUNICATIONS FROM [Solana Sleeper]) OF THIS AGREEMENT INCLUDES YOUR CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING PRODUCT UPDATES AND PROMOTIONAL MESSAGES.

THIS AGREEMENT MAY BE MODIFIED BY [Solana Sleeper] AT ANY TIME, AT OUR SOLE DISCRETION. When updates are made, we will post the revised Terms of Use on the Website, and any new supplemental terms will be accessible through the relevant Service. The “Last Updated” date at the top of the Terms of Use will reflect the latest revision. If we make material changes, we may notify you via email or through in-Service notifications. Changes will take effect immediately for new users and thirty (30) days after posting for existing users. We may also require you to affirmatively accept the updated Terms before continuing to use the Website or Services. If you do not agree to the revised Terms, you must discontinue use of the Services. Continued use of the Services after changes are posted constitutes your acceptance of the updated Terms.

PLEASE CHECK THE WEBSITE PERIODICALLY TO REVIEW THE MOST CURRENT VERSION OF THE TERMS.

Supplemental Terms Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”). These Supplemental Terms may be included within this Terms of Use or presented to you separately for acceptance when accessing specific Services. In the event of any conflict between these Terms of Use and the applicable Supplemental Terms, the Supplemental Terms shall govern with respect to the relevant Service. Collectively, these Terms of Use and any applicable Supplemental Terms are referred to as the “Agreement.”

[Solana Sleeper] Gaming Mouse [Solana Sleeper] offers for sale various gaming peripherals, including gaming mice and related accessories (“Devices”). Your purchase of any Device is subject to specific terms of sale (“Purchase Terms”), which will be provided at the time of purchase and may also be available on the Website or through other Services. Devices are sold under the applicable Purchase Terms and are not considered Services governed by this Agreement. Any software, firmware, or configuration utility included with or embedded in a Device (“Device Software”) may be governed by a separate license agreement (“Software License”). Your use of the Device Software is subject to the Software License, not this Agreement.

Promotions From time to time, [Solana Sleeper] may offer contests, giveaways, or promotional campaigns (“Promotions”) through the Website or Services. The terms governing each Promotion will be provided in connection with the Promotion and may also be posted on the Website. Promotions are valid only for the duration specified in the applicable Supplemental Terms. You acknowledge that [Solana Sleeper] is not obligated to continue or repeat any Promotion beyond the terms expressly stated.

Account Registration To access certain features of the Services, you may be required to create an account (“Account”) on the Website. You acknowledge and agree that you do not own the Account and that all rights to and interests in the Account remain exclusively with [Solana Sleeper]. You are solely responsible for all activity conducted through your Account. You agree to monitor your Account to prevent access by minors or unauthorized users and accept full responsibility for any such use. You may not share your Account credentials with others, and you must promptly notify [Solana Sleeper] of any unauthorized access or security breach. [Solana Sleeper] reserves the right to reclaim or remove usernames at any time for any reason, including claims of infringement or impersonation. You may not create a new Account or use the Services if you have previously been removed or banned by [Solana Sleeper].

Registration Information When registering an Account or accessing any part of the Services, you agree to provide accurate, current, and complete information as requested (“Registration Data”) and to keep this information updated. Our ability to provide Services depends on the accuracy of your Registration Data. If any information is found to be false, outdated, or incomplete—or if [Solana Sleeper] reasonably suspects such—your access to the Services may be suspended or terminated. You also agree not to use the Services if you have previously been removed or banned.

Eligibility Requirements By using the Services, you represent and warrant that:

• You are at least eighteen (18) years old, legally able to enter into binding contracts, and not prohibited from using the Services under applicable law.
• If you are acting on behalf of an organization or entity, you have full authority to bind that entity to this Agreement.

Compliance and Restrictions You further represent that neither you nor any affiliated entity or individual:

• Is listed on any sanctions or watchlist maintained by the Government of the Hong Kong Special Administrative Region (HKSAR), the People's Republic of China, or any other applicable international authority, or otherwise prohibited from engaging in commercial transactions under Hong Kong law.
• Is currently involved in any legal proceedings or government investigations within Hong Kong or other relevant jurisdictions related to cryptocurrency, digital assets, or blockchain technologies.

Required Equipment and Software To use the Services, you must provide all necessary hardware and software, including a compatible computer or mobile device. You are responsible for any costs incurred in accessing the Services, such as internet or data charges.

WHEN YOU USE THE SERVICES, YOU UNDERSTAND AND ACKNOWLEDGE THAT [Solana Sleeper] IS NOT A PROFESSIONAL ADVISOR IN ANY TECHNICAL, LEGAL, OR INVESTMENT CAPACITY, AND THAT THE SERVICES MAY NOT MEET YOUR EXPECTATIONS OR BE FREE FROM RISK. Certain features of the Services may rely on third-party platforms, software integrations, or cloud-based systems (“Third-Party Services”), which may not be consistently reliable or available. [Solana Sleeper] cannot anticipate all technical issues that may result in data loss, connectivity failures, or service interruptions.

You acknowledge that [Solana Sleeper] does not guarantee the accuracy, stability, or performance of any third-party integrations, including game profiles, cloud sync features, or firmware updates. You are responsible for verifying any critical configurations or data independently and regularly.

Like any software-enabled product, the Services may be vulnerable to malware, hacking attempts, or other cybersecurity threats. You agree that it is your responsibility to monitor your device settings, user accounts, and any connected services for unauthorized access or suspicious activity.

If you engage in transactions or data exchanges through the Services—such as syncing profiles, downloading updates, or connecting to third-party gaming platforms—[Solana Sleeper] does not control or guarantee the completion, accuracy, or security of such interactions. You accept full responsibility for any actions taken through your account or device, including any loss resulting from unauthorized access, corrupted data, or failed integrations.

You further represent and warrant that:

• You have the technical understanding necessary to evaluate and manage the security and functionality of your gaming mouse, associated software, and any connected platforms.
• You are aware of the risks involved in using third-party services and integrations, including potential data loss, compatibility issues, and service disruptions.
• You accept the risks associated with firmware updates, cloud-based configurations, and any other software-enabled features of the Services, and you are responsible for conducting your own evaluation of their reliability and suitability.

There are inherent risks in using connected devices and software, including but not limited to:

• Hardware or software malfunctions
• Internet connectivity issues
• Exposure to malicious code or unauthorized access
• Compatibility problems with third-party applications
• Loss of data or settings due to bugs, crashes, or failed updates

You acknowledge that [Solana Sleeper] is not responsible for any communication failures, delays, errors, or losses you may experience while using the Services or any third-party integrations.

Regulatory and platform policies affecting software-enabled peripherals may change over time. New rules or interpretations may impact the availability or functionality of certain features.

[Solana Sleeper] makes no guarantees regarding the governance, reliability, or future development of any third-party platforms or services. You accept that such platforms may change without notice, potentially affecting your device’s performance or your user experience.

[Solana Sleeper] is not liable for any security breaches, unauthorized access, or other attacks affecting your device, account, or connected services. You are solely responsible for safeguarding your data and configurations.

Any penalties, restrictions, or service limitations imposed by third-party platforms are outside [Solana Sleeper]’s control. You agree that [Solana Sleeper] bears no responsibility for any resulting loss or degradation in performance.

You control your device and account, and [Solana Sleeper] is not responsible for their performance or any risks associated with their use.

License to the Services Subject to this Agreement, [Solana Sleeper] grants you a limited, non-exclusive, non-transferable license to access and use the Services solely as described herein. Unless otherwise specified in a separate license agreement, your use of all Services—including software, firmware, and website features—is governed by this Agreement. You acknowledge that this license does not constitute a sale of any ownership rights in the Services or any associated intellectual property.

Updates You understand that the Services, including device firmware, companion software, and website features, may evolve over time. [Solana Sleeper] may update or modify any part of the Services at its discretion, with or without prior notice. You may be required to update third-party software or operating systems to maintain compatibility with the Services.

Usage Restrictions The Services are intended for personal, non-commercial use. The rights granted to you are subject to the following limitations:

• You may not license, sell, rent, lease, transfer, assign, reproduce, distribute, or commercially exploit any part of the Services, including the Website.
• You may not frame or use framing techniques to enclose any trademark, logo, or content from [Solana Sleeper].
• You may not use metatags or hidden text incorporating [Solana Sleeper] trademarks.
• You may not modify, translate, adapt, create derivative works from, disassemble, decompile, or reverse engineer any portion of the Services, except where such restrictions are prohibited by law.
• You may not use automated tools (e.g., bots, scrapers, crawlers) to extract data from the Website, except where explicitly permitted (e.g., public search engine indexing).
• You may not copy, reproduce, republish, download, display, or transmit any part of the Services unless expressly authorized.
• You may not remove or alter any copyright notices or proprietary markings.

Any future updates or additions to the Services will also be governed by this Agreement. [Solana Sleeper] and its partners reserve all rights not expressly granted. Unauthorized use may result in termination of your license.

[Solana Sleeper] Communications By using the Services or entering into this Agreement, you consent to receive communications from [Solana Sleeper], including via email. These communications may include operational notices, feature updates, promotional offers, and news related to [Solana Sleeper] and the gaming industry.

Third-Party Services Some features of the Services may rely on third-party platforms, technologies, or integrations (“Third-Party Services”), such as cloud sync providers, game APIs, or peripheral management tools. You acknowledge that:

• [Solana Sleeper] is not responsible for any issues arising from your use of or inability to access Third-Party Services.
• [Solana Sleeper] is not liable for any losses, delays, errors, or data disruptions caused by Third-Party Services or other factors beyond its control.

You acknowledge that all data, information, and other materials (“Content”) made available through the Services are the sole responsibility of the party from which such Content originated. This means that you, not [Solana Sleeper], are entirely responsible for any Content you upload, post, transmit, or otherwise make available through the Services (“Your Content”).

Services Except for Your Content, you agree that all rights, title, and interest in the Services—including but not limited to software, firmware, code, algorithms, technology, design elements, artwork, sounds, documentation, and all related intellectual property—are owned by [Solana Sleeper] and its suppliers. You may not remove, obscure, or alter any copyright, trademark, or proprietary notices embedded in or accompanying the Services.

Trademarks The [Solana Sleeper] name, logo, and all related graphics, marks, and trade names used in connection with the Services are trademarks of [Solana Sleeper] or its licensors. You may not use these marks without prior written permission. Any other trademarks appearing in the Services are the property of their respective owners.

Your Content By submitting Your Content through the Services, you grant [Solana Sleeper] a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and sublicensable license to use, reproduce, modify, adapt, distribute, publicly perform, and publicly display Your Content for the purposes of (i) operating and improving the Services; and (ii) developing new products and features. You represent that you have all necessary rights to grant this license and that Your Content does not infringe the rights of any third party.

Feedback Any ideas, suggestions, or proposals you submit to [Solana Sleeper] through forums, support channels, or other means (“Feedback”) are provided at your own risk. [Solana Sleeper] assumes no obligation of confidentiality or compensation for Feedback. You represent that you have the right to submit such Feedback and grant [Solana Sleeper] a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, assignable, and sublicensable license to use, modify, and commercialize the Feedback in any way.

You agree to use the Services responsibly and in accordance with this Agreement. You will not:

• Provide false or misleading information to [Solana Sleeper]
• Impersonate any person or entity
• Interfere with or disrupt the Services or other users' enjoyment of them
• Use any software or tools to harm or impair the Services
• Circumvent access controls or security measures
• Collect data from the Services for marketing or contact purposes
• Use the Services for illegal or unauthorized activities
• Upload or share defamatory, infringing, or unlawful Content
• Attempt to access any account or device you are not authorized to use

Any unauthorized use of the Services may result in termination of your license and access.

Service Fees Some features of the Services may be offered free of charge. However, [Solana Sleeper] reserves the right to charge fees (“Fees”) for access to certain premium features, software updates, or support services. All applicable Fees and payment terms will be clearly disclosed at the point of purchase or activation. Once a transaction is completed, you agree that all Fees are non-cancellable, non-refundable, and non-recoverable to the fullest extent permitted by law.

Taxes You are responsible for any applicable taxes, including Hong Kong profits tax, goods and services taxes, value-added taxes, sales, use, excise, stamp duties, or other levies arising from your use of the Services or purchase of any [Solana Sleeper] products, excluding taxes based on [Solana Sleeper]'s net income.

Currency All payments must be made in the currency specified at the time of transaction. You may not substitute other currencies, including cryptocurrencies, unless explicitly permitted. Currency fluctuations will not affect your payment obligations.

Payment Processing [Solana Sleeper] may modify or add payment processing providers at any time. These services may be subject to additional terms and conditions imposed by the provider.

To the fullest extent permitted by law, you agree to indemnify and hold harmless [Solana Sleeper], its affiliates, officers, employees, agents, suppliers, and licensors (“[Solana Sleeper] Parties”) from any claims, losses, liabilities, costs, or expenses (including reasonable legal fees) arising from:

• Your Content
• Your use or inability to use the Services or Devices
• Your breach of this Agreement
• Your violation of any third-party rights
• Your failure to provide accurate information
• Your violation of applicable laws or regulations

[Solana Sleeper] reserves the right to assume exclusive control over any matter subject to indemnification, and you agree to cooperate fully in the defense of such claims. These obligations will survive termination of this Agreement and your access to the Services.

Limitation of Liability and Release TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF HONG KONG, YOU HEREBY RELEASE THE [Solana Sleeper] PARTIES FROM ANY LIABILITY, CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR DEVICES, INCLUDING ANY LOSS, DAMAGE, OR THEFT OF DATA, SETTINGS, OR CONFIGURATIONS.

This release is binding upon your heirs, executors, administrators, successors, and assigns. You expressly waive any rights under laws that would otherwise limit the scope of this release, including any statutory or common law principles in Hong Kong that restrict the enforceability of general releases.

You acknowledge that this release is intended to be as broad and inclusive as permitted under Hong Kong law and constitutes a complete waiver of liability related to your use of the Services.

As-Is Use YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING ANY SOFTWARE, FIRMWARE, WEBSITE FEATURES, OR DEVICE INTEGRATIONS, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. [Solana Sleeper] AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND—WHETHER EXPRESS, IMPLIED, OR STATUTORY—INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

[Solana Sleeper] MAKES NO GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION, BE FREE OF ERRORS, OR MEET YOUR SPECIFIC NEEDS. YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICES, INCLUDING ANY IMPACT ON DEVICE PERFORMANCE, SETTINGS, OR CONNECTED SOFTWARE.

Performance and Security [Solana Sleeper] DOES NOT WARRANT THAT:

1. THE SERVICES WILL BE TIMELY, SECURE, OR ERROR-FREE
2. THE RESULTS OR OUTPUTS FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE
3. THE SERVICES WILL BE FREE FROM MALWARE, HACKING, OR OTHER SECURITY BREACHES

ANY CONTENT OR SOFTWARE YOU DOWNLOAD OR ACCESS THROUGH THE SERVICES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, DEVICE, OR DATA LOSS RESULTING FROM SUCH ACCESS.

Service Interruptions and Beta Features The Services may be subject to delays, interruptions, or cancellations. [Solana Sleeper] MAKES NO WARRANTY REGARDING THE QUALITY, EFFECTIVENESS, OR REPUTATION OF THE SERVICES. From time to time, [Solana Sleeper] may offer experimental or “beta” features. These are provided solely for testing purposes and may be modified or discontinued at any time without notice. No warranties apply to such beta features.

No Token or Asset Entitlement Your purchase of a [Solana Sleeper] device or use of the Services does not entitle you to receive or claim any digital tokens, assets, or similar instruments. Any references to such items are purely informational and do not constitute a promise, offer, or guarantee. Any future issuance of digital assets, if applicable, will be governed by separate terms and may be subject to eligibility and regulatory requirements.

No Financial Advice or Regulatory Compliance [Solana Sleeper] IS NOT A FINANCIAL OR INVESTMENT ADVISOR. NEITHER [Solana Sleeper] NOR ITS SUPPLIERS OR LICENSORS SHALL BE LIABLE FOR ANY FINANCIAL DECISIONS OR LOSSES ARISING FROM YOUR USE OF THE SERVICES. [Solana Sleeper] MAKES NO REPRESENTATION THAT THE SERVICES COMPLY WITH THE REQUIREMENTS OF ANY REGULATORY BODY OR SECURITIES LAWS IN ANY JURISDICTION.

YOU ACKNOWLEDGE AND AGREE THAT [Solana Sleeper] AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES, INCLUDING OPERATORS OF CLOUD SERVICES, GAME INTEGRATION PLATFORMS, PAYMENT PROVIDERS, OR ANY OTHER EXTERNAL TECHNOLOGIES CONNECTED TO THE SERVICES. ANY RISK ARISING FROM YOUR INTERACTIONS WITH SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. [Solana Sleeper] SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR INTERRUPTIONS CAUSED BY CIRCUMSTANCES BEYOND ITS CONTROL, INCLUDING BUT NOT LIMITED TO THIRD-PARTY SERVICE FAILURES OR CONNECTIVITY ISSUES.

You acknowledge that any open-source software, tools, or content accessed through the Services are used at your own risk. [Solana Sleeper] disclaims all liability for any issues—including data loss, errors, or service disruptions—arising from your use of open-source components or third-party licensed materials.

Disclaimer of Certain Damages TO THE MAXIMUM EXTENT PERMITTED BY LAW, [Solana Sleeper] AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS INTERRUPTION, OR COSTS OF SUBSTITUTE PRODUCTS OR SERVICES—EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES ARISING FROM:

• YOUR USE OR INABILITY TO USE THE SERVICES
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
• THIRD-PARTY CONDUCT OR STATEMENTS
• ANY ERRORS OR FAILURES IN CONNECTED SERVICES OR SOFTWARE
• ANY OTHER MATTER RELATED TO THE SERVICES

These limitations do not apply to liability for (i) death or personal injury caused by [Solana Sleeper]'s negligence, or (ii) fraud or fraudulent misrepresentation.

Cap on Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, [Solana Sleeper]'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF: (a) $100 USD; (b) THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM; OR (c) ANY NON-WAIVABLE REMEDY PROVIDED UNDER APPLICABLE LAW.

This cap does not apply to liability for death, personal injury, or fraud as described above.

User Content [Solana Sleeper] IS NOT RESPONSIBLE FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER CONTENT, COMMUNICATIONS, OR PERSONALIZATION SETTINGS.

Jurisdictional Exceptions Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, the above limitations may not apply, and you may have additional rights.

Basis of the Bargain The limitations of liability outlined above are essential to the agreement between you and [Solana Sleeper] and reflect the allocation of risk in providing the Services.

If [Solana Sleeper] becomes aware of any potential violations of this Agreement, it reserves the right to investigate. If criminal activity is suspected, [Solana Sleeper] may refer the matter to law enforcement and cooperate fully. Subject to applicable law, [Solana Sleeper] may disclose information related to your account or device usage—including registration data and settings—to:

• Comply with legal obligations or government requests
• Enforce this Agreement
• Respond to claims of content infringement
• Provide customer support
• Protect the rights, safety, or property of [Solana Sleeper], its users, or the public

Term This Agreement becomes effective on the date you accept it and remains in force for as long as you use the Services, unless terminated earlier in accordance with its terms.

Prior Use You acknowledge that this Agreement began on the earlier of (a) the date you first accessed or used any part of the Services, or (b) the date you formally accepted the Agreement. It will remain in effect for the duration of your use unless terminated as described below.

Termination by [Solana Sleeper] [Solana Sleeper] reserves the right to suspend or terminate your access to the Services at any time, with or without cause, and with or without prior notice.

Termination by You You may terminate your use of the Services at any time by (a) notifying [Solana Sleeper] in writing, and (b) discontinuing all use of the Services. Notices should be sent to the contact address provided on the Website.

Effect of Termination Termination of any Service will result in the loss of access to that Service and may include deletion of Your Content associated with it. Upon termination, your license to use the affected Service will immediately end. You understand that [Solana Sleeper] is not liable for any loss of data or content resulting from termination. Provisions of this Agreement that are intended to survive termination—including ownership rights, disclaimers, indemnification, and limitations of liability—will remain in effect.

No Re-Registration If your access to the Services is revoked by [Solana Sleeper], you agree not to attempt to re-register or regain access. You also acknowledge that you are not entitled to any refund of Fees paid for Services from which you have been removed.

The Services may be accessible from countries around the world and may reference features, products, or content that are not available in your location. Such references do not imply that [Solana Sleeper] intends to offer those Services or content in your country. The Services are operated and managed from facilities located in Hong Kong. [Solana Sleeper] makes no representations that the Services are appropriate or available for use outside the Hong Kong. If you choose to access or use the Services from another country, you do so voluntarily and are solely responsible for complying with all applicable local laws and regulations.

Please read this section carefully. It forms part of your agreement with [Solana Sleeper] and affects your legal rights. It includes provisions for MANDATORY BINDING ARBITRATION and a CLASS ACTION WAIVER.

Subject to the terms outlined below, you and [Solana Sleeper] agree that any dispute, claim, or controversy arising out of or relating to your use of the Services or this Agreement—including any prior versions and any claims that arose before the effective date—will be resolved through binding arbitration rather than in court. Exceptions include:

1. Either party may bring qualifying claims in small claims court.
2. Either party may seek injunctive or equitable relief in court for intellectual property matters (e.g., trademarks, copyrights, patents, trade secrets).

“Dispute” includes any disagreement involving facts or claims that occurred before or after the termination of this Agreement.

Before initiating arbitration or filing in small claims court, both parties agree to attempt to resolve the Dispute informally. This includes participating in a good faith telephonic or video conference (“Informal Dispute Resolution Conference”) to discuss the issue.

To initiate this process, the party raising the Dispute must send written notice to the other party, including:

1. Full name, phone number, mailing address, and email address
2. Contact details for legal counsel, if applicable
3. A description of the Dispute

The conference must occur within 45 days of receiving the notice unless both parties agree to an extension. Each Dispute requires a separate conference unless all parties consent to a joint session. Informal communications may continue during this period to help resolve the issue.

Participation in the Informal Dispute Resolution Conference is a required step before arbitration can begin. Any applicable statute of limitations or filing deadlines will be paused during this process.

YOU AND [Solana Sleeper] HEREBY WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO LITIGATE DISPUTES IN COURT BEFORE A JUDGE OR JURY. Instead, both parties agree that any disputes will be resolved through binding arbitration, as outlined in this Arbitration Agreement, except where otherwise specified under “Applicability of Arbitration Agreement.” Arbitration does not involve a judge or jury, and court review of arbitration decisions is limited.

YOU AND [Solana Sleeper] AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY. You waive any right to participate in or initiate a class, collective, representative, or mass action. Disputes involving multiple users cannot be combined or arbitrated together unless all parties consent. The arbitrator may award relief only to the individual party involved and only to the extent necessary to resolve that party’s specific claim.

If a court determines that this waiver is unenforceable for a particular claim (such as a request for public injunctive relief), that claim may be litigated in the courts of Hong Kong, while all other disputes remain subject to arbitration or small claims court. This provision does not prevent participation in a class-wide settlement.

Arbitration Rules and Forum This Agreement is governed by the laws of the Hong Kong Special Administrative Region. If the Informal Dispute Resolution Conference does not resolve the issue within sixty (60) days of notice, either party may initiate binding arbitration.

Arbitration will be administered by the Hong Kong International Arbitration Centre (“HKIAC”) under its Domestic Arbitration Rules, unless modified by this Agreement. If HKIAC is unavailable, the parties will select an alternative arbitration forum within Hong Kong.

To initiate arbitration, the requesting party must submit a formal Request including:

• Name, contact details, and Digital Wallet address (if applicable)
• Legal claims and supporting facts
• Requested remedy and good-faith estimate of damages in Hong Kong Dollars (HKD)
• Certification of completed Informal Dispute Resolution Conference
• Proof of payment of applicable filing fees

If represented by counsel, the Request must also include counsel’s contact information and signature. By signing, counsel certifies that the Request is made in good faith, is legally and factually supported, and is not intended to harass or delay.

Unless otherwise agreed, arbitration will take place in Hong Kong. The arbitrator may allow limited information exchange consistent with expedited proceedings. All documents and materials shared during arbitration must remain confidential and may only be disclosed to legal or financial advisors who agree to maintain confidentiality.


Arbitrator Selection The arbitrator will be a retired judge of the Hong Kong judiciary or a licensed attorney qualified to practice law in Hong Kong, and will be chosen by mutual agreement from the Hong Kong International Arbitration Centre (“HKIAC”) roster of arbitrators. If the parties cannot agree on an arbitrator within thirty-five (35) days of the arbitration request, the HKIAC will appoint one in accordance with its rules. If the Batch Arbitration process described in Subsection 16.9 applies, the HKIAC will assign an arbitrator for each batch.

Arbitrator's Authority The arbitrator will have the sole authority to resolve any dispute related to this Arbitration Agreement, including questions about its interpretation, scope, enforceability, or validity—except for the following matters, which must be decided by a court in Hong Kong:

• Any dispute related to Subsection 16.4, including challenges to its enforceability or claims of breach
• Disputes over arbitration fee responsibilities, unless otherwise specified in Subsection 16.9
• Disputes about whether the parties have met the prerequisites for arbitration, such as the Informal Dispute Resolution Conference
• Disputes over which version of the Arbitration Agreement applies

Unless otherwise stated in Subsection 16.9, arbitration proceedings will not be combined with other cases or parties. The arbitrator may issue rulings that resolve all or part of a dispute and will provide a written decision outlining the key findings and any damages awarded. The arbitrator's decision is final and binding, and judgment may be entered in any court of competent jurisdiction in Hong Kong.


Attorneys' Fees and Costs Each party is responsible for its own legal fees and costs unless the arbitrator determines that a claim or requested relief was frivolous or filed for an improper purpose, as defined under applicable Hong Kong law and the rules of the Hong Kong International Arbitration Centre (“HKIAC”).

If either party must apply to a Hong Kong court to compel arbitration, the prevailing party in that action may recover reasonable legal fees and related costs. Similarly, if a Hong Kong court is asked to determine whether the parties fulfilled the conditions required to initiate arbitration, the prevailing party may recover its reasonable attorneys' fees and expenses.

Batch Arbitration To streamline the resolution of similar disputes, you and [Solana Sleeper] agree that if 100 or more individual arbitration requests of a substantially similar nature are filed against [Solana Sleeper] within a 30‑day period—by or with the assistance of the same law firm(s) or organization(s)—the Hong Kong International Arbitration Centre (“HKIAC”) will:

• Group the claims into batches of 100 (with a final batch for any remaining claims);
• Assign one arbitrator per batch; and
• Administer each batch as a single consolidated arbitration, with one set of filing and administrative fees per side, one procedural schedule, one hearing (if applicable), and one final award (“Batch Arbitration”).

Claims are considered “substantially similar” if they arise from the same event or factual scenario and involve similar legal issues and requested relief. If there is a disagreement about whether Batch Arbitration applies, the HKIAC will appoint a single Administrative Arbitrator to decide. This arbitrator may establish procedures to resolve the issue efficiently, and their fees will be paid by [Solana Sleeper].

Both parties agree to cooperate in good faith with the HKIAC to implement Batch Arbitration, including minimizing costs and delays. This may involve appointing a discovery special master or adopting an expedited schedule. This provision does not authorize class, collective, or mass arbitration, except as expressly described here.

You may opt out of this Arbitration Agreement by sending written notice within 30 days of first becoming subject to it. Your notice must include your name, mailing address, email address, and a clear statement that you wish to opt out. If applicable, include your device serial number or account ID. Send your notice to the address provided in Section 17.11. Opting out will not affect the rest of the Terms of Use or any other arbitration agreements you may have with [Solana Sleeper].

Except as stated in Subsection 16.4, if any part of this Arbitration Agreement is found to be invalid or unenforceable, that portion will be severed, and the remainder will remain in effect. You agree that any arbitration must be initiated within the applicable statute of limitations for the claim, or it will be permanently barred. Statutes of limitation apply in arbitration just as they would in court.

If [Solana Sleeper] makes material changes to this Arbitration Agreement, we will notify you. If you do not reject the changes in writing within 30 days, your continued use of the Services will constitute acceptance. Rejecting a change does not reopen your right to opt out if you previously agreed to arbitration and did not opt out. If you reject a change, the version of the Arbitration Agreement you originally accepted will remain in effect. [Solana Sleeper] will honor any valid opt-outs submitted under prior versions.

All arbitration proceedings, including the arbitrator’s decision and any related compliance, will remain confidential unless disclosure is required by law. This does not prevent either party from submitting relevant information to a court to enforce the Agreement, an arbitration award, or to seek equitable relief.

This Arbitration Agreement will remain in effect even after your relationship with [Solana Sleeper] ends.

Independent Contractors Your relationship with [Solana Sleeper] under this Agreement is that of independent contractors. Nothing in this Agreement creates an employment, agency, partnership, or joint venture relationship between you and [Solana Sleeper], and neither party has authority to bind or represent the other in any capacity.

Electronic Communications You agree that communications between you and [Solana Sleeper] may occur electronically, including via email or through notices posted on the Website or within the Services. You consent to receive such communications and agree that they satisfy any legal requirement for written communication.

Release of Liability You release [Solana Sleeper], its affiliates, and successors from any claims, damages, or liabilities—whether direct or indirect—arising from your use of the Services, including interactions with other users or third-party websites.

Assignment You may not assign, delegate, or transfer this Agreement or any rights or obligations under it without prior written consent from [Solana Sleeper]. Any unauthorized assignment will be considered null and void.

Force Majeure [Solana Sleeper] is not liable for delays or failures caused by events beyond its reasonable control, including natural disasters, war, civil unrest, government actions, labor shortages, or supply chain disruptions.

Questions For questions regarding the Services, please contact: legal@Solana Sleeper.com.

Exclusive Venue If litigation is permitted under this Agreement, both parties agree that any legal proceedings will take place exclusively in the courts of the Hong Kong Special Administrative Region.

Governing Law This Agreement is governed by the laws of Hong Kong, excluding conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Consumer Complaints Residents of Hong Kong may direct consumer complaints to the Consumer Council of Hong Kong. The Consumer Council can be contacted at 22/F, K. Wah Centre, 191 Java Road, North Point, Hong Kong, or through its official website at www.consumer.org.hk.

Language Preference It is the express intent of both parties that this Agreement and all related documentation be written in English.

Notice You are responsible for providing [Solana Sleeper] with a valid and current email address. If your email becomes invalid or undeliverable, notices sent to that address will still be considered effective. You may send written notices to: [Solana Sleeper Legal Department] Unit B, 14/F, Yoohoo Tower, 38-42 Kwai Fung Crescent, Kwai Fong, Hong Kong. Notices are deemed received when delivered by a recognized courier or via first-class mail.

Waiver Failure to enforce any provision of this Agreement on one occasion does not constitute a waiver of that provision or any other provision on any other occasion.

Severability If any part of this Agreement is found to be invalid or unenforceable, it will be interpreted to reflect the original intent of the parties, and the remaining provisions will remain in full effect.

Export Control You agree not to use, export, or transfer the Services except as permitted under applicable laws and regulations in your jurisdiction.

Entire Agreement This Agreement represents the complete and exclusive understanding between you and [Solana Sleeper] regarding the Services and supersedes all prior communications and agreements related to the subject matter.