Silhouette Terms and Conditions

SCOPE

These terms and conditions ("Terms") apply to the access to, and the use of the website available on https://silhouette.exchange/ ("Website") offered by Silhouette AG, Gartenstrasse 6, 6300 Zug, Switzerland ("Company"), and including the website-hosted user interface ("Interface"). The Company is a software development company specializing in blockchain protocols. To access or use the Website or the Interface, you ("User") have to agree to these Terms. By accessing or using the Website or the Interface, you signify that you have read, understand, and agree to be bound by these Terms in their entirety. If you do not agree, you are not authorized to access or use, and you should not use the Website or the Interface.

Interface and User's acknowledgements

The Interface provides a means of easier access to a decentralized protocol on the Hyperliquid blockchain that allows users to trade certain digital assets ("Protocol"). The Interface generates draft transactions for the User which the User can then submit independently to the Protocol via its own third-party wallet application ("Wallet"). The User personally submits and approves all transactions sent via the Interface which are solely effected via the User's actions, and the User is solely responsible and liable for all activities conducted through the User's Wallet.

The User hereby acknowledges and agrees that:

• the User independently decides to submit any draft transactions generated via the Interface through the User's own Wallet;
• the Company does not own, operate, control, or otherwise have access to the User's funds, Wallet, or any related private keys;
• the Company does not own, operate, or otherwise control the Protocol;
• the Interface is one, but not the exclusive, means of interacting the Protocol and the Interface is entirely optional;
• the Interface is a purely non-custodial application, meaning the User is solely responsible for the custody of the cryptographic private keys to the User's Wallet;
• the Company does not, and is not able to, check or otherwise review the suitability of the trades made by the User via its Wallet and is not responsible for the way the User uses the Interface or the Protocol;
• the use of the Interface is unsolicited and the User independently decided to use the Interface;
• the User has not received any investment advice from the Company in connection with any trades;
• neither the Interface, the Website, nor any information or data contained on the Website constitute financial, investment, tax, legal, accounting, or other advice;
• the Website may contain statements that constitute "forward-looking statements." The Company is under no obligation to update or alter the forward-looking statements, whether as a result of new information, future events, or otherwise and makes no warranty regarding the accuracy of such statements;
• there are inherent risks associated with submitting transactions to the Protocol, including but not limited to market volatility, complete loss, operational risk, and regulatory changes, and that the Company is not responsible for any of these variables and risks; and
• the User uses the Interface and the Website at its own risk.

By accessing and using the Interface, the User represents being financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, and having a working knowledge of the usage and intricacies of relevant digital assets. In particular, the User understands that blockchain-based transactions are irreversible and that the Company has no possibility whatsoever to influence or reverse any transactions submitted to the Protocol.

Access to the Interface

The Interface is provided exclusively to persons of the age of majority in the relevant jurisdiction (e.g., eighteen years old) and having the full right, power, and authority to enter into and comply with the Terms on their behalf and any company or legal entity for which they may access or use the Interface ("Legal Capacity"). The Interface is not available to residents of Afghanistan, Belarus, Burundi, the Central African Republic, the Democratic Republic of Congo, the Democratic People's Republic of Korea, the Crimea region of Ukraine, Cuba, Guinea, Guinea-Bissau, Haiti, Iraq, Iran, Libya, Mali, Moldova, Myanmar, Nicaragua, Russia, Somalia, Sudan, South Sudan, Syria, the USA, Venezuela, Yemen, and Zimbabwe or any other jurisdiction in which accessing or using the Interface is prohibited ("Prohibited Jurisdictions"). When using the Interface, the User represents and warrants that the User has full Legal Capacity, is not located in, incorporated or otherwise established in, or a citizen or resident of, a Prohibited Jurisdiction, is not otherwise subject to sanctions or prohibited to interact with the Interface or the Website, and will not access or use the Interface or the Website to conduct, promote, or otherwise facilitate any illegal activity. The Company may, but has no obligation to (i) ask the User to provide identification or other information, (ii) undertake checks designed to help verify User's identity or background and (iii) screen the User against third-party databases or other sources and request reports from service providers. The Company may reject or cancel a User's access to the Interface in its sole discretion and without specifying any reason. The Company may subject the full access of a User to the Interface to its prior approval. For the avoidance of doubt, the access to the Protocol is possible independent of the access of the Interface and Users may interact with the Protocol regardless of any restrictions by the Company on the Interface level.

Rights & Obligations of the Company

The Company will provide the User with the Interface and the Website as agreed in these Terms. The Company reserves the right, but is not obliged, to (i) review, modify, filter, disable, delete and remove any and all content and information from the Website; and (ii) to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose information or content or information that the User provides via the Interface or the Website. The Company may amend the Terms from time to time at its sole discretion by publishing an updated version of the Terms on the Website. The version of the Terms uploaded on the Website at the time of each instance of use of the Interface is applicable to such use of the Interface. The Terms do not remain in force between each independent use of the Interface by the User and the User agrees to the then-uploaded Terms for each instance of use of the Interface. The Company constantly develops and improves the Interface and the Website and may modify or either temporarily or permanently stop providing the Interface or the Website or any part of them at its sole discretion. The Company reserves the right to ask the User to provide feedback through forms, questionnaires, and polls in order to improve the Interface or the Website ("Feedback"). The Company may use, or not use, any such Feedback, without any obligation, whether financial or otherwise, to the User. The User hereby assigns all rights (including but not limited to intellectual property rights), title, and interest in the Feedback to the Company and acknowledges it has no claim in relation to the Feedback.

Rights & Obligations of the User

The User shall use the Interface and the Website in compliance with the Terms and all legal and moral obligations applicable in the territory where they are located. The User shall, for each independent use of the Interface:

• cooperate in the performance of these Terms to the necessary extent free of charge; and
• immediately inform the Company of all circumstances within its sphere that might endanger or may be relevant to the provision the Interface and all misuses or suspicions of misuse of the Interface.

The User shall not, unless with the Company's prior written permission:

• circumvent or attempt to circumvent any security protection of the Interface or the Website;
• use the Interface in unlawful or fraudulent ways or for any unlawful or fraudulent purpose or effect;
• take any action that may impose an unreasonable load on the Company's infrastructure;
• bypass the measures that the Company may use to prevent or restrict access to or use of the Interface or the Website;
• try to decompile or reverse engineer the Interface, the Website, or any part of them, or derive the source code;
• copy, modify, distribute, reproduce, translate, disassemble or use in any other way any information, text, graphics, images, software obtained from the Interface, or any other part of the Interface; or
• sell, sublicense, allow access or make the Interface or any part of it otherwise available to third-parties.

Intellectual Property

Each party retains all rights, titles, and interests to its own intellectual property, including all copyrights, inventions, trademarks, designs, domain names, know-how, trade secrets, data and other intangible property rights ("Intellectual Property Rights"). Except to the extent set forth otherwise in this Section, all Intellectual Property Rights in the Interface, the Website or any part of them remain vested in the Company. The Company hereby grants the User a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Interface and the Website in accordance with the Terms. The Company releases the front-end code, design, and other external-side facing elements of the Interface under the MIT License. The User is free to use the Interface at its own discretion, to the extent released by the Company and in accordance with the applicable open-source license. The Interface and the Website may each contain open-source components. Such components are subject to the respective license.

Privacy

The Company collects and processes personal data as described in its Privacy Policy available at [link].The Company protects the collected personal data by means of appropriate technical and organizational measures and in accordance with the data protection legislation applicable in Switzerland and the European Union. The User authorizes the Company to use, process, and store relevant data for the performance of the Terms and to use anonymized data to improve its services or for analysis purposes.

Liability & Indemnity

The Company is fully liable to the User for damages resulting from the Company's gross negligence or wilful misconduct. In all other cases, the Company's liability under the Terms is excluded to the maximum extent permitted under applicable law. In particular, the Company will not be held liable for inaccuracy or incompleteness of the Interface or the Website, or the incompatibility of the Interface or the Website with any specific objectives that the User is hoping to achieve. The User agrees to indemnify, and hold the Company, its officers, directors, employees, or contractors, harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (i) the User's access and use of the Website and or the Interface, (ii) breach of these Terms or any legal regulation by the User, its employees or other persons acting on behalf of the User; (iii) any breach of User's representations and warranties set forth in the Terms; (iv) User's violation of the rights of a third party.

Warranties & Representations

The User acknowledges that the Interface and the Website are provided "as is" and "as available", and the Company makes no warranties or representations of any kind related to the Interface, the Website or the information and materials contained thereon. The Company does not warrant or guarantee that the Interface and the Website are error-free and will function without any interruption or disruption. The Company may at its own discretion carry out maintenance or improvements to the Interface, the Website, and their infrastructures, and the User acknowledges that this may result in temporary delays and interruptions from time to time. Any further warranty, either express, implied, or statutory, is excluded to the fullest extent permitted by law.

Miscellaneous