Effective Date: February 26th, 2026
Axiom Innovations Inc. ("Axiom", the "Company", "we", "us", or "our") provides a web-hosted user interface that can be used to connect with various decentralized finance (defi) protocols and smart contracts ("Protocols"). Our Services include but are not restricted to our web application, application programming interfaces, Solana blockchain infrastructure, and Solana smart contracts (the "Services"). The Services are primarily accessed through our website, https://axiom.trade, (the "Platform").
These Terms of Use (these "Terms" or this "Agreement") (i) set forth the terms and conditions that govern your access to and use of the Platform and Services and (ii) form a legally binding agreement between us and you and/or the entity you represent ("You," "Your," or "User," and each of you and us, a "Party"). If you use the Services on behalf of a company or other entity then "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.
Your use of the Platform or Services is conditioned upon your acceptance of these Terms. By accessing or using the Platform or Services in any manner, you expressly acknowledge and agree to be bound by these Terms and all terms incorporated herein by reference. Furthermore, by agreeing to these Terms, you certify that you are at least 18 years of age. Additionally, your agreement to these Terms constitutes your consent to the collection, use, disclosure, and other handling of information as described in our Privacy Policy, available at https://docs.axiom.trade/privacy (the "Privacy Policy"). The Privacy Policy is incorporated into these Terms by reference, and all references herein to the "Terms of Use," the "Terms," or this "Agreement" shall include a reference to the Privacy Policy.
Please note that these Terms of Service require individual arbitration (see section "Mandatory Arbitration") for dispute resolution, instead of jury trials or class actions. Additionally, these Terms will limit the remedies available to you in the event of a dispute.
Axiom's Platform is currently undergoing beta testing. Admission to this beta program is granted exclusively by Axiom and is non-transferable. You're permitted to use the Platform and its services strictly for lawful purposes. You recognize that the Platform, its capabilities, and data flow are part of a limited beta phase to evaluate early features and underlying architecture. The Platform is provided "as-is" and "as-available" for beta testing, aiming to gather feedback on quality and usability. During this beta period, Axiom may roll out new or updated pre-release features and trial services for your assessment. Axiom isn't obligated to offer specific beta features. If you opt to use these features, you agree to follow Axiom's set guidelines. Participating in the beta test binds you to these Terms as if the Platform were a finished product. Axiom reserves the right to terminate or modify any beta feature without notice. You understand that using beta features may prevent reverting to previous versions of similar functionalities. Even if reversion is possible, data created during beta testing might not be recoverable in older versions. Beta features may contain bugs or inaccuracies potentially causing failures, disruptions, downtime, data corruption, or loss. You acknowledge that your use of beta features is at your own risk, and you're bound by these Terms.
To use the Platform and/or access the Services, you may need to create an account with us ("Account"). If you create an Account, you agree to keep your Account credentials confidential and not allow anyone else to use your Account. You must notify us immediately if you become aware of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you are aware of them, and you are solely responsible for your conduct and any tasks or activities you undertake on the Platform or using the Services.
We reserve the right to suspend or terminate your Account if you provide false, inaccurate, or incomplete information, if you fail to comply with the Account registration requirements or these Terms (as they may be modified from time to time), or if we determine, at our sole discretion, that you no longer meet the eligibility criteria outlined in these Terms.
In addition to the foregoing, your access to and use of the Platform or Services may be suspended or terminated at any time, for any reason, at our sole discretion, without liability to you.
The User is solely responsible to maintain access to their tokens, cryptocurrencies and other crypto or blockchain-based digital assets (collectively, "Digital Assets"). The private key(s) (the "Keys") that provide access to your blockchain accounts are only available in encrypted form on your device's browser's local storage used to access the Service (the storage system is to be referred to hereafter as "Device Storage"). Keys are made available for the User to view upon account creation and for as long as they are present in Device Storage. Warnings to save your Keys are available during account creation as Device Storage has no guarantees of permanence or availability. It is your sole responsibility for storage of and security of your Keys. The User is responsible for taking actions to store copies of Keys for the purpose of recovery of access to your Digital Assets. The Keys may be the only way to restore access to your Digital Assets if you lose access to your Account or clear/lose access to your Device Storage. Axiom can provide no guarantees to the permanence or availability of the Device Storage and thus cannot guarantee access to Keys. Note that anyone who has access to your Keys can access, transfer, or spend your Digital Assets. If you lose your Keys, you may not be able to access, transfer, or spend your Digital Assets, and they could be lost permanently.
Axiom does not store copies of Keys and does not custody your tokens, so Axiom cannot assist you in recovering your Digital Assets. You acknowledge and agree that Axiom is not responsible for the security of your Keys. You agree to hold Axiom, its affiliates, representatives, agents, and personnel harmless and that no such party shall be liable in any way if you lose your Keys and cannot access, transfer, or spend your Digital Assets, or if your Keys are accessed by another person who misuses your Digital Assets. You bear sole responsibility for any loss of your Digital Assets due to failure to retain and/or secure your Keys or other necessary credentials.
You must be 18 years of age or older and not be a Prohibited Person to use the Services. A "Prohibited Person" is any person or entity that is (a) the subject of any economic or trade sanctions administered or enforced by any governmental authority, including being designated on any list of prohibited or restricted parties by any governmental authority, such as the U.S. Treasury Department's list of Specially Designated Nationals, the U.S. Department of Commerce Denied Persons List Entity List, the E.U. Consolidated List of persons and the U.K. Consolidated List of Financial Sanctions Targets, (b) located, a resident of or organized in any jurisdiction or territory that is the subject of comprehensive country-wide or regional economic sanctions or has been designated as "terrorist supporting" by the United Nations or the governmental authority of the European Union, United Kingdom or the United States, or (c) owned or controlled by such persons or entities listed in (a)–(b). You acknowledge and agree that you are solely responsible for complying with all applicable laws of the jurisdiction you are located or accessing the Services from in connection with your use of the Services. By using the Services, you represent and warrant that you meet these requirements and will not be using the Services for any illegal activity or to engage in the prohibited activities in Section 14.
The use of software or networking techniques, including Virtual Private Networks (VPNs), to alter your internet protocol address or otherwise bypass this prohibition is strictly forbidden. Any attempts to access or utilize the Platform from these jurisdictions constitutes a violation of these Terms and may lead to immediate termination of your Platform access.
General Eligibility. Access to the Platform is prohibited if you are otherwise restricted from using it under applicable law. Furthermore, we reserve the right to impose limitations or restrictions on Platform access for any individual or entity, or within specific geographic areas or legal jurisdictions, at any time and at our sole discretion. We shall not be liable for any losses or damages you may incur resulting from or related to Platform inaccessibility at any time or for any reason.
Legality. Compliance with all applicable laws and regulations regarding your use of or access to the Platform remains solely your responsibility. Additionally, you acknowledge that we bear no obligation to notify you of potential legal violations or liabilities that might arise from your Platform access and use, and we accept no responsibility for any failure on your part to adhere to relevant laws or regulations. Platform usage is prohibited when it would violate or enable the violation of any applicable laws or regulations, or contribute to any illegal activity.
Neither the Platform nor any of Axiom's services should be construed as, or used for, an offer or solicitation to anyone in jurisdictions where such offers are unauthorized, or to individuals for whom such offers would be unlawful.
We offer no assurances that information, products, or services available through our Platform are suitable for access or use in other jurisdictions. Access to or use of our Platform is not permitted in any jurisdiction or country where doing so would contradict local laws or regulations, or subject us to that jurisdictions legal requirements or registration obligations. At our sole discretion and at any time, we maintain the right to restrict Platform availability to any individual, geographic region, or jurisdiction.
At our sole discretion, or when required by applicable laws in any jurisdiction, we maintain the right to perform "Know Your Customer" and "Anti-Money Laundering" verifications on users. Upon request, you agree to promptly provide any information and documentation that we, at our sole discretion, consider necessary or appropriate for conducting these verifications. Required documents may include, but are not limited to, passports, driver's licenses, utility bills, photographs of associated individuals, government identification cards, or notarized statements.
Regardless of any provisions herein, we may, at our sole discretion, deny Platform access until requested information is furnished, or if available information suggests you may be using the Platform in connection with money laundering, terrorism financing, or other illegal activities. Additionally, we are entitled to employ all available measures to prevent money laundering, terrorism financing, or other illegal activities, including but not limited to blocking your Platform access or sharing your information with relevant regulatory authorities.
We value and encourage your feedback, comments, ideas, and suggestions for enhancing the Platform and Services ("Feedback"). By providing Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license. This license allows us to use, reproduce, modify, create derivative works from, improve upon, and otherwise fully exploit and commercialize the Feedback, along with any resulting developments, in any way and for any purpose.
We may modify these Terms from time to time in which case we will update the "Last Revised" date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Platform. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.
We may make any improvement, modifications or updates to the Services, including but not limited to changes and updates to the underlying software, infrastructure, security protocols, technical configurations or service features ("Updates") from time to time. Your continued access and use of the Services are subject to such Updates and you shall accept any patches, system upgrades, bug fixes, feature modifications, or other maintenance work that arise out of such Updates. We are not liable for any failure by you to accept and use such Updates in the manner specified or required by us. Although the Company is not obligated to monitor access to or participation in the Services, it has the right to do so for the purpose of operating the Services, to ensure compliance with the Terms and to comply with applicable law or other legal requirements.
The Services may display, include or make available services, content, data, information, applications or materials from third parties, including third party decentralized exchanges and other decentralized applications ("Third-Party Services and Materials") or provide links to certain third party websites. Furthermore, external parties may offer promotions related to your access and use of Axiom's Products. The Company does not endorse any Third-Party Services and Materials. You agree that your access and use of such Third-Party Services and Materials is governed solely by the terms and conditions of such Third-Party Services and Materials, as applicable. The Company is not responsible or liable for, and makes no representations as to any aspect of such Third-Party Services and Materials, including, without limitation, their content or the manner in which they handle, protect, manage or process data or any interaction between you and the provider of such Third-Party Services and Materials. The Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Services and Materials or websites. You irrevocably waive any claim against the Company with respect to such Third-Party Services and Materials. We are not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such Third-Party Services and Materials, or your reliance on the privacy practices, data security processes or other policies of such Third-Party Services and Materials.
By accessing or using Third-Party Services and Materials through our Services, you accept that there are risks in doing so, including but not limited to risks of illiquidity, devaluation, lockup, or loss associated with assets accessible through decentralized finance Protocols. You are solely responsible for any fees or costs associated with accessing Third-Party Services and Materials, and we reserve the right to pass through and charge you for such third-party costs as part of your use of the Services. The exact amount of these third-party costs may not always be known in advance (e.g., costs associated with executing an on-chain transaction), and we may, in good faith, estimate such costs and require payment based on that estimate, even if it ultimately exceeds the actual cost. You acknowledge sole responsibility for and assume all risks arising from your use of any Third-Party Services and Materials, and the Company shall not bear any liability for any damages or losses resulting from your interactions with them.
For these Terms' purposes: (i) "Content" encompasses text, graphics, images, music, software, audio, video, works of authorship, and any information available through our Platform or Services; (ii) "User Content" refers to any material that users or account holders (including you) upload, submit, store, send, post, or make available via our Platform, Site, or integrated channels. Content includes, without limitation, User Content.
We do not claim ownership over User Content, and these Terms do not restrict your rights to use your contributions. Unless explicitly stated otherwise in writing, Axiom does not endorse, promote, evaluate, verify, authorize, or solicit any User Content. User Content may be protected by constitutional or other legal provisions and shall not be interpreted as solicitation.
Axiom and its licensors exclusively own all rights, titles, and interests in and to the Platform, Services, and Content, including associated intellectual property rights, excluding User Content. The Platform, Services, and Content are protected by copyright, trademark, and other U.S. and international laws. You agree not to remove, alter, or obscure any proprietary notices on the Platform, Services, or Content.
The Company's name, trademarks and logos and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
You grant Axiom a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, create derivative works from, publicly display, and publicly perform your User Content, in accordance with the Privacy Policy.
You represent and warrant that you have the right and authority to submit your User Content, and that neither your User Content nor any part of it infringes, misappropriates, or otherwise violates any intellectual property rights or other rights of any person.
You acknowledge that, in certain instances, even after you have removed your User Content by specifically deleting it, some of your User Content (such as posts or comments) may not be completely removed, and copies of your User Content may persist on the Service. Axiom bears no responsibility or liability for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Axiom and its partners exclusively own the Platform and Service, which must be used strictly according to these Terms. Axiom provides you a restricted, personal right to use the App and Platform solely for accessing the Service as per these Terms. Service usage is for your individual use only. Creating a commercial application using the Service requires Axiom's explicit written approval.
You commit to using the Platform and Service only as explicitly allowed in this Agreement. Unless specifically authorized, you agree not to:
Axiom may offer affiliate, referral, and trading reward programs that incentivize platform engagement and user growth (a "Referral Program"). By participating in any of these Referral Programs, you consent to the conditions of the applicable Referral Program and the terms of this Section 14. We reserve the right to determine eligibility for any Referral Program, and to modify, pause, or end any Referral Program at any time without advance notice. Program changes will be communicated via our website. Before being claimed, all rewards are not guaranteed and may be removed or adjusted at Axiom's discretion unless the earned rewards are governed by onchain programs. Each participant receives a unique referral link, which can be shared on social media, websites, or with personal contacts. Your referral earnings are determined by the activities and transactions of the users you refer. A Rewards Program may feature multiple tiers with different benefits and earning rates. Participants must refrain from spam or any unsolicited promotional activities. Misrepresentation or fraudulent actions are strictly forbidden and will lead to program disqualification. You agree that you will obtain all necessary permissions and consents from an individual before referring that individual to us in a Referral Program and inform the individual: (a) that we are not the sender or initiator of any messages or communications that you send to that individual relating to the Referral Program; (b) that you are not acting as our agent in sending any such messages or communications; and (c) that you may be receiving a referral bonus if the individual becomes a new user of the Platform. Current or inactive former users of the Services cannot qualify as new users for purposes of a Referral Program, and any attempt to create referrals to non-existent individuals or to multiple accounts for the same individual will be void and are in violation of these terms.
Users may also earn trading rewards based on their trading volume and activity on the Platform. Trading rewards can be structured in tiers, with higher volumes potentially qualifying for better reward rates. The calculation of trading volume and corresponding rewards may vary by market, asset type, and trading pair. Trading rewards may be subject to vesting periods, minimum holding requirements, or other conditions as determined by Axiom.
We reserve the right to alter earnings and payout rates at our discretion. The timing, frequency, and method of reward distribution may vary and are subject to change. Rewards may be distributed in various forms, including but not limited to tokens, fee discounts, or other benefits as determined by Axiom.
Certain rewards are governed by smart contracts deployed on the blockchains. These on-chain programs operate in a decentralized fashion, and earned rewards allocated through such smart contracts will always remain claimable by users directly through the blockchain, independent of the Platform's operational status. The rules and logic governing these on-chain rewards are enforced by the smart contract code itself.
Axiom monitors program participation for signs of abuse, manipulation, or gaming of the reward systems. Activities deemed to artificially inflate trading volume, create fake referrals, or otherwise manipulate the reward programs will result in immediate disqualification and may lead to account suspension. We reserve the right to withhold or reverse rewards obtained through suspicious or prohibited activities.
Joining these programs does not establish any partnership or employment relationship between you and Axiom. We do not guarantee any specific earnings or outcomes from program participation. These terms are subject to the laws of the jurisdiction where Axiom operates. By participating in any Axiom reward program, you acknowledge and agree to these terms and any future amendments.
You are solely responsible for determining and fulfilling any tax obligations that may arise from your participation in reward programs, including but not limited to income taxes, capital gains taxes, or any other applicable taxes. Axiom does not withhold taxes on your behalf and expressly disclaims any responsibility or liability for tax withholdings, reporting, or compliance related to rewards you receive. You agree to hold Axiom harmless from any claims, penalties, or liabilities arising from your failure to comply with applicable tax laws.
Accessing certain Service aspects may incur fees, including charges for token exchanges facilitated by third-party platforms, fees from our platform, and fees for using protocol infrastructure. These fees can change without warning. Estimated total costs will be displayed when you use the Service.
Third-party functionality might involve additional charges. For instance, decentralized apps accessed through the App, including via the buy/sell features, may levy fees. Axiom bears no responsibility for any third-party charges or fees related to external services linked to or accessed via the Platform or Service.
While the Service aims to provide accurate transaction estimates, these are preliminary and may differ from actual costs for using the Service and interacting with Solana or other compatible networks. You acknowledge that these estimates aren't guaranteed and may be inaccurate at times. Particularly for the buy and sell functionalities, you understand that exchange rates and prices are estimates subject to change. Thus, rates and prices shown in the Service are approximations and may be imprecise. Axiom cannot be held accountable for, and you release Axiom from, any losses or liabilities stemming from inaccurate fee estimates related to any Service use.
You explicitly acknowledge and agree that your use of the Platform, Services, and Content is at your own risk, and that the entire responsibility for satisfactory quality, performance, accuracy, and effort lies with you. The App, Site, and functionality are provided on an "as-is" and "as-available" basis without any representation or warranty, whether express, implied, or statutory. To the fullest extent permitted by applicable law, Axiom specifically disclaims any express or implied warranties of title, merchantability, fitness for a particular purpose, and/or non-infringement.
All information provided in relation to your access and use of Axiom's Platform and Service should not and cannot be interpreted as legal, financial, or professional advice. You should avoid taking any action based on information found on Axiom's Platform, in the Service, or in any other information Axiom makes available. Before making any financial, legal, or other decisions involving Axiom's Platform or Service or their use, you should seek guidance from an independent professional who is licensed, credentialed, and qualified in the relevant area. You are solely responsible for determining the suitability of investments based on your personal situation. Axiom expresses no opinions on specific tokens, trading strategies, protocols, or systems.
When using the Services, you are able to construct and determine, at your own discretion, the parameters you wish to apply to your transactions. The Company is not advising on the merits of any particular transaction or its tax or legal consequences. You are solely liable for any transactions conducted using the Services, including all financial and tax consequences thereof. We are not responsible for indicating, alerting or warning against any such matters. No content made available through the Services is intended as tax, legal, financial or investment advice, and nothing on the Services should be construed as an offer to buy or sell a security or other financial product or a solicitation, recommendation or advice in relation to any transaction you may enter into by using the Services. By accessing the Services, you agree that you are not entering into an advisory relationship with the Company.
By using the Services, you represent that you have sufficient knowledge and experience in business and financial matters, including a sufficient understanding of blockchain technologies, cryptocurrencies and other digital assets, blockchain wallets and other storage mechanisms for private keys, and blockchain-based software systems to be able to assess and evaluate the risks and benefits of the Services contemplated hereunder, and will bear the risks thereof, including loss of all amounts paid, and the risk that the cryptocurrencies and other digital assets may have little or no value. You acknowledge and agree that there are risks associated with purchasing and holding cryptocurrency and using blockchain technology. These include, but are not limited to, risk of losing access to cryptocurrency due to slashing, loss of private key(s), custodial error or purchaser error, risk of mining or blockchain attacks, risk of hacking and security weaknesses, risk of unfavorable regulatory intervention in one or more jurisdictions, risk related to token taxation, risk of personal information disclosure, risk of uninsured losses, volatility risks, and unanticipated risks.
You acknowledge that cryptocurrencies and other similar digital assets are neither (i) deposits of or guaranteed by a bank nor (ii) insured by the FDIC or by any other governmental agency.
The regulatory regime governing blockchain technologies, cryptocurrencies and other digital assets is uncertain, and new regulations or policies may materially adversely affect the potential utility or value of such cryptocurrencies and digital assets. There also exists the risks of new taxation of the purchase or sale of cryptocurrencies and other digital assets.
Smart contracts execute automatically when certain conditions are met. We do not have the ability to reverse a transaction that is submitted to a public blockchain. You are responsible for ensuring that any details you enter in connection with a transaction using any smart contracts are accurate and complete. We do not review the accuracy of your transactions, and are not responsible for any losses due to your errors, including an incorrectly constructed transaction. Further, since smart contracts typically cannot be stopped or reversed, vulnerabilities in their programming and design or other vulnerabilities that may arise due to hacking or other security incidents can have adverse effects to digital assets, including but not limited to significant volatility and risk of loss.
You acknowledge that there are inherent risks associated with using or interacting with public blockchains and blockchain technology. There is no guarantee that such technology will be unavailable or subject to errors, hacking or other security risks. Underlying blockchain protocols may also be subject to sudden changes in operating rules, including forks, and it is your responsibility to make yourself aware of upcoming operating changes.
Any displayed pricing, rate, or liquidity information is not guaranteed. The actual execution of transactions (including "slippage") depends on the relevant Protocol, which is not controlled by the Company. We are not responsible for any difference between displayed and actual execution prices.
In certain cases, your transactions through the Services may not be successful or may be substantially delayed, including due to issues in processing by or errors in the relevant Protocol or blockchain network. We accept no responsibility or liability to you for any such failed or delayed transactions, or any transaction or gas fees that may be incurred by you in connection with any failed transactions.
We make no guarantees as to the security of the environments in which private keys are stored and are not liable for any hacks or attacks on such systems. We are not liable for any hacks or malicious attempts or phishing scams to obtain access to your Wallet or your account credentials. You are responsible for all transactions initiated through your account credentials.
You agree to indemnify, defend, and hold harmless Axiom, its affiliates, and their respective officers, directors, employees, agents, and representatives (collectively referred to as the "Axiom Parties") from and against any and all claims, disputes, demands, liabilities, damages, losses, and expenses, including but not limited to reasonable legal and accounting fees. This indemnification applies to any issues arising from or related to (i) your access to or use of the Platform, Service, or Content, (ii) your User Content, (iii) Third Party Services, or (iv) any violation of these Terms on your part. If you are obligated to indemnify any Axiom Party hereunder, then you agree that Axiom (or, at its discretion, the applicable Axiom Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether to settle, and if so, on what terms, and you agree to fully cooperate with the applicable Axiom Party in the defense or settlement of such claim.
Under no circumstances shall Axiom be liable for any lost profits or any special, incidental, indirect, or consequential damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising from or in connection with this Agreement or from any authorized or unauthorized use of the Site, the App, or the Services, even if an authorized representative of Axiom has been advised of or knew or should have known of the possibility of such damages.
Digital assets are an emerging technology and are often vulnerable to security compromises or hacks. You understand and waive any such risk in using the Services.
Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall the Axiom Parties' total liability to you for all damages exceed the amount of one hundred U.S. dollars ($USD100.00) or its equivalent in the local currency of the applicable jurisdictions.
These Terms shall be construed and enforced in accordance with the laws of the state of California applicable to contracts entered into and performed in California by residents thereof; provided that all provisions hereof related to arbitration shall be governed by and construed in accordance with the Federal Arbitration Act (U.S. Code Title 9).
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration by a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The place of arbitration shall be Santa Clara County, CA. The arbitration shall be governed by the laws of the State of California. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 120 days.
You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to support@axiom.trading. The notice must be sent to the Company within thirty (30) days of your first registering to use the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, the Company also will not be bound by them.
To the fullest extent permitted by applicable law, you and the Company each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted only in the respective party's individual capacity and not as part of any class (or purported class), consolidated, multiple-plaintiff, or representative action or proceeding ("Class Action"). You and the Company agree to waive the right to participate as a plaintiff or class member in any Class Action. You and the Company expressly waive any ability to maintain a Class Action in any forum. If the dispute is subject to arbitration, the arbitrator will not have the authority to combine or aggregate claims, conduct a class action, or make an award to any person or entity not a party to the arbitration. Further, you and the Company agree that the arbitrator may not consolidate proceedings for more than one person's claims, and it may not otherwise preside over any form of a class action. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the Exceptions clause above.
If this Class Action waiver is limited, voided, or found unenforceable, then, unless the parties mutually agree otherwise, the parties' agreement to arbitrate shall be null and void with respect to such proceeding so long as the proceeding is permitted to proceed as a Class Action. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.
Except for payment obligations, neither Axiom nor you will be liable under this agreement due to any failure or delay in performing obligations caused by events beyond the reasonable control of the affected party. Such events may include natural disasters, fires, epidemics, pandemics, riots, war, terrorism, denial of service attacks, internet outages, labor shortages, and judicial or government action.
If you have any questions about these Terms or the Service, please contact us at support@axiom.trading.