l2aas.net — Blockchain Hosting Service
Last Updated: April 2026
IMPORTANT — PLEASE READ CAREFULLY. These Terms of Use ("Terms," "TOU," or "Agreement") constitute a legally binding agreement between you ("Customer," "User," "you," or "your") and the service provider operating the l2aas.net platform ("Provider," "Service Provider," "we," "us," or "our"). By accessing, browsing, registering for, purchasing credits on, or otherwise using the Service (as defined below), you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately cease all use of the Service and refrain from accessing the platform.
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER IN SECTION 15, WHICH AFFECT YOUR LEGAL RIGHTS. PLEASE READ THOSE PROVISIONS CAREFULLY BEFORE ACCEPTING THESE TERMS.
THESE TERMS ALSO CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY IN SECTIONS 12 AND 13. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND.
THERE IS NO HUMAN SUPPORT PROVIDED FOR THIS SERVICE. THE SERVICE IS ENTIRELY SELF-SERVICE AND AUTOMATED. BY USING THE SERVICE, YOU ACKNOWLEDGE AND ACCEPT THAT NO HUMAN SUPPORT STAFF ARE AVAILABLE AND THAT DOCUMENTATION IS YOUR SOLE RESOURCE FOR ASSISTANCE.
For the purposes of these Terms of Use, the following terms shall have the meanings ascribed to them below. Where a defined term is used in these Terms, it shall have the meaning set forth in this Section 1 unless the context clearly requires otherwise. Capitalized terms not defined in this Section shall have the meanings given to them elsewhere in these Terms or as commonly understood in the relevant industry context.
"Account" means the unique user account created by the Customer on the Platform for the purpose of accessing and utilizing the Service. Each Account is associated with a unique set of credentials, including but not limited to blockchain wallet addresses, authentication tokens, RPC endpoints, and chain identifiers. An Account encompasses all data, configurations, deployed smart contracts, chain state, transaction history, and OpsGas balances associated with the Customer's use of the Service.
"Affiliate" means, with respect to any entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with such entity. For this purpose, "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract, or otherwise.
"Agreement" means these Terms of Use, together with any policies, guidelines, supplementary terms, or documents incorporated by reference herein, as amended from time to time in accordance with Section 16.
"API" means Application Programming Interface, including any RESTful, GraphQL, WebSocket, JSON-RPC, or other programmatic interface provided by the Service for interaction with Customer infrastructure.
"Applicable Law" means all laws, statutes, regulations, rules, ordinances, orders, decrees, directives, judgments, treaties, conventions, and other legal requirements of any governmental authority that are applicable to the parties or the subject matter of these Terms, including without limitation the laws of the State of Wyoming, United States federal law, and where applicable, the laws of the European Union and its member states.
"Archive" or "Archived" means the state in which a Customer's L2 chain data has been migrated from active infrastructure to cold storage systems following the expiration of the Freeze Period as described in Section 7. Archived data is not actively accessible and requires a restoration process before it can be used.
"Authorized User" means any individual or automated system that accesses the Service through a Customer's Account with the Customer's authorization, whether express or implied.
"Blockchain" means a distributed ledger technology system that maintains a continuously growing list of records, called blocks, which are linked and secured using cryptographic hashes. For purposes of the Service, "blockchain" refers specifically to the Layer 2 blockchain infrastructure provided to each Customer.
"Chain ID" means the unique numeric identifier assigned to each Customer's Layer 2 blockchain instance. The Chain ID is used by blockchain clients, wallets, and applications to distinguish between different blockchain networks and to ensure that transactions are broadcast to the correct network.
"Cold Storage" means the long-term data storage infrastructure used by the Provider to retain Archived chain data. Cold Storage may involve compressed, encrypted, or otherwise processed forms of the original chain data, and retrieval from Cold Storage may require significant processing time.
"Confidential Information" means any non-public information disclosed by either party to the other in connection with these Terms or the Service, including but not limited to technical data, trade secrets, business plans, financial information, customer lists, and any information marked as "confidential" or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure.
"Content" means all data, information, text, software, code, smart contracts, tokens, digital assets, transaction records, blockchain state data, configurations, and other materials that are uploaded, submitted, posted, displayed, transmitted, or otherwise made available by the Customer through or in connection with the Service.
"Customer" or "User" means the individual person, legal entity, organization, or automated agent that creates an Account and uses the Service. Where the Customer is a legal entity, the individual accepting these Terms represents and warrants that they have the authority to bind such entity to these Terms.
"Customer Credentials" means all authentication and access credentials associated with a Customer's Account and L2 chain, including but not limited to wallet private keys, mnemonic seed phrases, RPC endpoint URLs, API keys, authentication tokens, and Chain IDs. Customer Credentials are the sole responsibility of the Customer.
"Customer Data" means all data, including Content, that is processed, stored, or transmitted through the Service by or on behalf of the Customer. Customer Data includes, without limitation, smart contract bytecode, transaction data, blockchain state, account balances, event logs, and any other information resident on the Customer's L2 chain.
"Data Availability" or "DA" means the mechanism by which transaction data from a Customer's Layer 2 chain is posted and made available on the underlying Layer 1 blockchain for verification, security, and data integrity purposes. Data Availability services are metered and charged in OpsGas as described in Section 6.
"Documentation" means all user guides, technical manuals, API references, tutorials, knowledge base articles, FAQs, and other informational materials made available by the Provider through the Platform, the Provider's website, or other channels, as updated from time to time.
"Effective Date" means the date on which the Customer first accepts these Terms, whether by creating an Account, purchasing OpsGas, deploying a chain, or otherwise using the Service.
"EVM" means the Ethereum Virtual Machine, a computation engine that executes smart contracts on Ethereum-compatible blockchains. The Service provides EVM-compatible Layer 2 chains.
"Fees" means all charges, costs, and amounts payable by the Customer for the use of the Service, including but not limited to monthly hosting fees, Data Availability fees, transaction gas costs, and any other charges as described in Section 6.
"Force Majeure Event" has the meaning ascribed to it in Section 18 of these Terms.
"Freeze" or "Frozen" means the state in which a Customer's L2 chain has ceased producing new blocks and processing new transactions due to the depletion of the Customer's OpsGas balance. A Frozen chain retains all existing data and state but does not process any new activity.
"Freeze Period" means the period of seven (7) days (or such other period as the Provider may determine at its sole discretion) following the Freezing of a Customer's chain, during which the chain data remains on active infrastructure before being moved to Archive status.
"Gas" means the unit of computational effort required to execute operations on a blockchain network. In the context of the Service, Gas on a Customer's L2 chain is denominated in OpsGas.
"Governing Law" means the laws of the State of Wyoming, United States, as specified in Section 15.
"Intellectual Property Rights" means all intellectual property rights of any kind, including patents, patent applications, trademarks, trademark applications, service marks, trade names, domain names, copyrights, copyright registrations, moral rights, trade secrets, know-how, inventions (whether or not patentable), algorithms, software, databases, data collections, designs, and all other proprietary rights, and all applications, renewals, extensions, continuations, and restorations thereof, now or hereafter in force and effect worldwide.
"L1" or "Layer 1" means the underlying base-layer blockchain network upon which the Service's Layer 2 chains are built and to which they post Data Availability information. The L1 provides the security and finality guarantees for Customer L2 chains.
"L1 Wallet" means the blockchain wallet address on the Layer 1 network that is associated with a Customer's Account and serves as the primary control mechanism for the Customer's L2 chain. The L1 Wallet is the master switch for the Customer's service: a depleted L1 Wallet results in immediate cessation of all services.
"L2" or "Layer 2" means a secondary blockchain network that operates on top of a Layer 1 blockchain, processing transactions off-chain while inheriting the security properties of the underlying Layer 1. The Service provides dedicated Layer 2 chains to each Customer.
"Malicious Code" means any virus, worm, Trojan horse, ransomware, spyware, adware, rootkit, keylogger, backdoor, exploit, bot, or other harmful or malicious computer program or code, including any code designed to disable, damage, disrupt, or interfere with the proper function of any software, hardware, network, or system.
"OpsGas" means the internal service credit unit used exclusively within the l2aas.net platform for billing, metering, and payment purposes. OpsGas is defined in detail in Section 5 of these Terms. OpsGas is not a cryptocurrency, not a digital asset, not a token, not a security, not a financial instrument, and not a medium of exchange. OpsGas has no value, utility, or function outside of the l2aas.net platform.
"OpsGas Balance" means the total quantity of OpsGas credits currently available in a Customer's Account, as reflected on the Customer's dashboard. The OpsGas Balance is reduced as Fees are debited and increased as the Customer purchases additional OpsGas.
"Party" means either the Customer or the Provider, individually; "Parties" means the Customer and the Provider, collectively.
"Personal Data" has the meaning given to it in the European Union General Data Protection Regulation (Regulation (EU) 2016/679) ("GDPR") and includes any information relating to an identified or identifiable natural person.
"Platform" means the l2aas.net website, web application, APIs, dashboards, and all related software, tools, interfaces, and infrastructure through which the Service is made available to Customers.
"Private Key" means the cryptographic key that provides control over a blockchain wallet address and the assets, smart contracts, and transactions associated with that address. Private Keys are part of the Customer Credentials and are the sole responsibility of the Customer.
"Provider" or "Service Provider" means the entity operating the l2aas.net platform and providing the Service under these Terms, as further identified in Section 14 of these Terms.
"RPC Endpoint" or "RPC URL" means the Remote Procedure Call endpoint URL provided to the Customer for programmatic interaction with their L2 chain. The RPC Endpoint enables the Customer to submit transactions, query blockchain state, deploy smart contracts, and perform other operations on their L2 chain.
"Service" means the blockchain hosting service provided through the Platform, including the provisioning, operation, and maintenance of dedicated Layer 2 blockchain infrastructure for Customers, together with all associated features, tools, APIs, dashboards, documentation, and functionality made available through l2aas.net.
"Service Credit" means OpsGas, as defined above and in Section 5. The terms "Service Credit" and "OpsGas" are used interchangeably throughout these Terms.
"Shared Infrastructure" means the computing, networking, storage, and other technical infrastructure operated by the Provider upon which multiple Customers' L2 chains and related services are hosted. The Service operates on Shared Infrastructure, and no Customer is entitled to dedicated or reserved resources unless otherwise expressly agreed in writing.
"Smart Contract" means self-executing code deployed on a blockchain that automatically enforces the terms and conditions encoded within it. Smart Contracts deployed by Customers on their L2 chains are Customer Content and are the sole responsibility of the Customer.
"Term" means the period during which these Terms are in effect with respect to a particular Customer, commencing on the Effective Date and continuing until terminated in accordance with Section 17.
"Third-Party Services" means any products, services, software, platforms, APIs, or other offerings provided by third parties that may be referenced by, integrated with, or accessible through the Service.
"USDC" means USD Coin, a stablecoin digital currency pegged to the United States Dollar, which is the accepted form of payment for purchasing OpsGas on the Platform.
"Wallet" means a software application or hardware device used to store, send, and receive cryptocurrency and interact with blockchain networks. In the context of the Service, Wallet refers to both the Customer's L1 Wallet and any wallets used on the Customer's L2 chain.
In these Terms, unless the context otherwise requires: (a) the singular includes the plural and vice versa; (b) references to "include," "includes," or "including" shall be deemed to be followed by the words "without limitation"; (c) references to any statute, regulation, or other legislative provision shall be construed as a reference to that provision as amended, re-enacted, or extended from time to time; (d) headings and section titles are for convenience of reference only and shall not affect the interpretation of these Terms; (e) references to "days" mean calendar days unless otherwise specified; (f) references to "writing" or "written" include electronic communications; (g) references to currency amounts are in United States Dollars unless otherwise specified; (h) the word "or" is not exclusive; (i) the word "will" has the same meaning as "shall"; (j) references to a "person" include any individual, corporation, partnership, limited liability company, trust, association, governmental entity, or other legal entity; and (k) references to "discretion" mean sole and absolute discretion unless otherwise qualified.
In the event of any conflict or inconsistency between any of the documents or provisions comprising this Agreement, the following order of precedence shall apply, with the first-listed document prevailing over subsequent documents: (a) these Terms of Use, as may be amended from time to time; (b) any supplementary terms or policies published on the Platform and incorporated by reference; (c) the Documentation. Notwithstanding the foregoing, to the extent that any supplementary terms expressly state that they prevail over these Terms with respect to a specific subject matter, such supplementary terms shall prevail with respect to that subject matter only.
The definitions set forth in this Section 1 are intended to be comprehensive and shall govern the interpretation of these Terms throughout. Where a term is defined both in this Section and in a subsequent Section of these Terms, the definition provided in the subsequent Section shall be deemed to supplement, not replace, the definition in this Section, unless the subsequent Section expressly states otherwise. Any term not defined herein shall be given its plain English meaning as commonly understood in the blockchain technology and cloud computing industries.
By accessing the Platform, creating an Account, purchasing OpsGas, deploying a Layer 2 chain, or otherwise using any aspect of the Service, you expressly acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use in their entirety, including all provisions regarding OpsGas (Section 5), billing (Section 6), disclaimers (Section 12), limitation of liability (Section 13), binding arbitration (Section 15), and class action waiver (Section 15). Your acceptance of these Terms creates a legally binding contract between you and the Provider.
By accepting these Terms, you represent and warrant that: (a) you are at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is greater; (b) you have the legal capacity and authority to enter into a binding agreement; (c) if you are accepting these Terms on behalf of a legal entity, you have the authority to bind that entity to these Terms, and all references to "you" or "Customer" in these Terms shall refer to that entity; (d) you are not barred from using the Service under any Applicable Law; (e) you are not located in, and are not a resident or national of, any country that is subject to comprehensive economic sanctions imposed by the United States, the European Union, the United Kingdom, or the United Nations; and (f) you are not listed on any sanctions list maintained by the U.S. Office of Foreign Assets Control (OFAC), the European Union, or any other relevant governmental authority.
You agree that your electronic acceptance of these Terms (including by clicking an "I Accept," "I Agree," or similar button, by creating an Account, or by continuing to use the Service after the posting of updated Terms) constitutes your legal signature and is equivalent to your handwritten signature for all purposes. You further agree that you shall not challenge the validity, enforceability, or admissibility of these Terms or any amendment thereto on the basis that they were executed electronically.
By accepting these Terms, you expressly acknowledge and agree that: (a) the Service is provided on a fully automated basis with no human employees, operators, or support staff; (b) no human customer support, technical support, or any other form of human assistance is available for the Service; (c) the Documentation published on the Platform is your sole resource for information, troubleshooting, and guidance regarding the use of the Service; (d) you accept full responsibility for your ability to configure, operate, and manage your L2 chain using only the Documentation and the self-service tools provided on the Platform; and (e) the absence of human support is a fundamental characteristic of the Service and is reflected in the pricing and terms of the Service.
You acknowledge and agree that the Service is designed and intended solely as a learning and experimentation tool for blockchain developers, researchers, students, and other individuals seeking to explore Layer 2 blockchain technology. The Service is expressly NOT intended for production use, mission-critical applications, financial services, healthcare applications, life-safety systems, or any application where downtime, data loss, or service interruption could result in significant harm, financial loss, or legal liability. You agree that you will not use the Service for any production or mission-critical purpose and that you assume all risk associated with any such use.
You acknowledge and agree that the Service operates on Shared Infrastructure. This means that your L2 chain runs on the same physical and virtual hardware as other Customers' chains. Performance, availability, and capacity may vary based on overall system load, the activities of other Customers, maintenance operations, and other factors beyond the Provider's control. You are not entitled to any dedicated, reserved, or guaranteed allocation of computing resources, bandwidth, storage, or other infrastructure capacity.
You acknowledge that in entering into this Agreement, you have not relied on any representation, warranty, promise, assurance, or statement made by or on behalf of the Provider that is not set forth expressly in these Terms. Nothing in this Section shall limit or exclude liability for fraudulent misrepresentation.
The Service is available to individuals and entities that meet all of the following eligibility requirements: (a) the Customer is at least eighteen (18) years of age or the age of legal majority in their jurisdiction, whichever is greater; (b) the Customer has the legal capacity to enter into binding contracts under Applicable Law; (c) the Customer is not located in, organized under the laws of, or a resident or national of, any Prohibited Jurisdiction (as defined in Section 3.2); (d) the Customer is not subject to any sanctions, embargoes, or trade restrictions imposed by any governmental authority; (e) the Customer has not previously had an Account terminated by the Provider for violation of these Terms; and (f) the Customer is able to receive, store, and transact in USDC for the purpose of purchasing OpsGas.
The Service is not available to persons or entities located in, organized under the laws of, or residents or nationals of the following jurisdictions (collectively, "Prohibited Jurisdictions"): (a) any country, territory, or region that is the subject of comprehensive sanctions imposed by the United States government, including but not limited to Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine; (b) any country, territory, or region that is the subject of comprehensive sanctions imposed by the European Union, the United Kingdom, or the United Nations; and (c) any other jurisdiction from which the Service may not lawfully be offered or accessed. The Provider reserves the right to update the list of Prohibited Jurisdictions at any time and without notice. It is the Customer's responsibility to ensure that their use of the Service is lawful in their jurisdiction.
To use the Service, you must create an Account on the Platform. Account creation requires connecting a blockchain wallet address that will serve as your L1 Wallet. By creating an Account, you agree to: (a) provide accurate and complete information as required during the registration process; (b) maintain and promptly update your Account information to keep it accurate and current; (c) maintain the security and confidentiality of your Customer Credentials, including your Private Keys, wallet seed phrases, and any other authentication information; (d) accept sole responsibility for all activity that occurs through your Account, whether or not authorized by you; and (e) promptly notify the Provider (through the mechanisms described in Section 20) if you become aware of any unauthorized access to or use of your Account.
You are solely and exclusively responsible for the security of your Account and your Customer Credentials. This responsibility includes, without limitation: (a) safeguarding your Private Keys and wallet seed phrases; (b) securing any devices, software, or systems used to access the Service; (c) implementing appropriate security measures to prevent unauthorized access to your Account; (d) maintaining backup copies of your Customer Credentials in a secure location; and (e) ensuring that any Authorized Users who access the Service through your Account comply with these Terms. The Provider shall not be responsible or liable for any loss, damage, or harm arising from your failure to maintain adequate Account security, including without limitation any loss of OpsGas, Customer Data, or access to your L2 chain resulting from compromised, lost, or stolen Customer Credentials.
Each Customer is permitted to maintain one (1) Account on the Platform, unless the Provider expressly authorizes additional Accounts in writing. The Provider reserves the right to merge, suspend, or terminate duplicate Accounts without notice. The creation of multiple Accounts for the purpose of circumventing these Terms, evading suspension or termination, or engaging in any form of abuse is strictly prohibited and may result in immediate termination of all associated Accounts.
Your Account is personal to you and may not be transferred, assigned, sold, shared, or otherwise conveyed to any other person or entity without the prior written consent of the Provider. Any attempted transfer in violation of this provision shall be null and void. The Provider reserves the right to terminate any Account that has been transferred or assigned without authorization.
Upon Account creation and L2 chain deployment, the Customer will receive or generate certain Customer Credentials, which may include an RPC Endpoint URL, a Chain ID, wallet Private Keys, and other access information. THE CUSTOMER MUST IMMEDIATELY AND SECURELY RECORD AND STORE ALL CUSTOMER CREDENTIALS. THE PROVIDER DOES NOT STORE, BACK UP, OR HAVE ACCESS TO CUSTOMER PRIVATE KEYS. IF THE CUSTOMER LOSES THEIR PRIVATE KEYS, WALLET SEED PHRASES, OR OTHER CRITICAL CREDENTIALS, THE PROVIDER CANNOT AND WILL NOT RECOVER THEM, AND THE CUSTOMER MAY PERMANENTLY LOSE ACCESS TO THEIR L2 CHAIN AND ALL ASSOCIATED DATA AND ASSETS. THE PROVIDER SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS RESULTING FROM THE CUSTOMER'S FAILURE TO PROPERLY SECURE THEIR CREDENTIALS.
The Provider reserves the right, but shall not be obligated, to verify the identity, eligibility, and compliance of any Customer at any time. Such verification may include, without limitation, requesting identification documents, proof of residency, proof of entity formation, or other information as the Provider deems necessary. The Provider may suspend or terminate any Account if the Customer fails to provide requested information within a reasonable timeframe or if the Provider determines, in its sole discretion, that the Customer does not meet the eligibility requirements set forth in these Terms or that the Customer's use of the Service poses a legal, regulatory, or operational risk.
L2aaS is a blockchain hosting service that provides Customers with dedicated Layer 2 blockchain infrastructure for learning, experimentation, and development purposes. The Service enables Customers to deploy, configure, and operate their own L2 chain on Shared Infrastructure managed by the Provider. Each Customer's L2 chain is a separate blockchain instance with its own Chain ID, state, transaction history, and EVM execution environment.
The Service includes the following components, subject to availability and the Provider's sole discretion: (a) provisioning and deployment of a dedicated L2 chain instance for each Customer; (b) ongoing operation, hosting, and maintenance of the Customer's L2 chain on Shared Infrastructure; (c) an RPC Endpoint for programmatic interaction with the Customer's L2 chain, including transaction submission, state queries, smart contract deployment, and other standard blockchain operations; (d) Data Availability services, whereby transaction data from the Customer's L2 chain is posted to the underlying L1 for security and verification; (e) a web-based dashboard for monitoring the Customer's chain status, OpsGas Balance, and usage metrics; (f) Documentation for self-service configuration and operation of the Customer's L2 chain; and (g) such other features and functionality as the Provider may make available from time to time.
The Customer acknowledges and agrees that the Service is subject to the following limitations: (a) the Service is designed and intended for learning and experimentation purposes only and is not suitable for production workloads, mission-critical applications, or any use case requiring high availability, guaranteed performance, or data durability commitments; (b) the Service operates on Shared Infrastructure, and performance may vary based on overall system utilization, activities of other Customers, and other factors; (c) the Provider does not guarantee any specific level of uptime, availability, latency, throughput, or other performance metric; (d) the Provider does not provide any service level agreement (SLA) or service level objectives (SLOs); (e) the Provider may impose resource limits, rate limits, storage limits, or other constraints on the Service at any time without notice; (f) the Service may be temporarily unavailable due to maintenance, updates, migrations, or other operational activities; (g) the Provider may modify, update, or change the features, functionality, or technical specifications of the Service at any time without notice; and (h) the Provider makes no representation regarding the compatibility of the Service with any particular wallet, tool, library, framework, or Third-Party Service.
THE SERVICE IS PROVIDED WITHOUT ANY SERVICE LEVEL AGREEMENT. THERE IS NO GUARANTEED UPTIME, NO GUARANTEED AVAILABILITY, NO GUARANTEED PERFORMANCE, AND NO GUARANTEED DATA DURABILITY. THE PROVIDER MAKES ABSOLUTELY NO COMMITMENTS REGARDING THE RELIABILITY, CONSISTENCY, OR CONTINUITY OF THE SERVICE. THE CUSTOMER ACCEPTS THE SERVICE ON A STRICTLY "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND, AS FURTHER DESCRIBED IN SECTION 12.
THE SERVICE IS PROVIDED ON A FULLY AUTOMATED, SELF-SERVICE BASIS WITH ABSOLUTELY NO HUMAN SUPPORT. THERE ARE NO HUMAN EMPLOYEES, NO SUPPORT AGENTS, NO CUSTOMER SERVICE REPRESENTATIVES, AND NO TECHNICAL SUPPORT STAFF AVAILABLE FOR THE SERVICE. THE PROVIDER DOES NOT OFFER SUPPORT VIA EMAIL, TELEPHONE, LIVE CHAT, TICKETING SYSTEMS, FORUMS, SOCIAL MEDIA, OR ANY OTHER COMMUNICATION CHANNEL. THE DOCUMENTATION PUBLISHED ON THE PLATFORM IS THE CUSTOMER'S SOLE RESOURCE FOR INFORMATION AND GUIDANCE REGARDING THE SERVICE. THE CUSTOMER MUST BE SELF-SUFFICIENT IN THEIR ABILITY TO CONFIGURE, OPERATE, AND TROUBLESHOOT THEIR L2 CHAIN USING ONLY THE PROVIDED DOCUMENTATION AND SELF-SERVICE TOOLS.
The Provider reserves the right to migrate a Customer's L2 chain between servers, data centers, geographic regions, or other infrastructure components at any time and without notice to the Customer. Such migrations may be performed for operational, maintenance, capacity, cost, or other reasons at the Provider's sole discretion. The Provider shall use commercially reasonable efforts to minimize disruption during migrations, but makes no guarantee that migrations will be seamless or without downtime. The Customer's RPC Endpoint may change as a result of a migration, and the Customer is responsible for updating their applications and configurations accordingly.
The Provider may perform maintenance, updates, upgrades, patches, and other operational activities on the Service infrastructure at any time and without prior notice to the Customer. Such activities may result in temporary unavailability, degraded performance, or other disruptions to the Service. The Provider shall not be liable for any loss, damage, or inconvenience arising from maintenance or update activities. The Provider is under no obligation to provide advance notice of maintenance windows, though it may do so at its sole discretion through the Platform or Documentation.
The Service may depend on or integrate with Third-Party Services, including but not limited to blockchain networks, hosting providers, content delivery networks, domain name services, and other infrastructure and software services. The Provider shall not be liable for any failure, interruption, degradation, or unavailability of the Service that is caused by or attributable to Third-Party Services. The Customer acknowledges that the Provider does not control Third-Party Services and cannot guarantee their availability, performance, or security.
From time to time, the Provider may make available experimental, beta, preview, or early access features or functionality ("Experimental Features"). Experimental Features are provided for testing and evaluation purposes only and may be incomplete, unreliable, or subject to change or discontinuation at any time without notice. The Customer's use of Experimental Features is entirely at the Customer's own risk, and the Provider shall have no liability for any loss or damage arising from the use of Experimental Features.
The Provider reserves the right to modify, update, enhance, restrict, or discontinue any aspect of the Service at any time, with or without notice, including but not limited to: (a) adding or removing features and functionality; (b) changing technical specifications, protocols, or interfaces; (c) modifying resource limits, rate limits, or other constraints; (d) updating pricing, Fee structures, or OpsGas exchange rates; (e) changing the underlying infrastructure or technology stack; and (f) discontinuing the Service entirely. The Provider shall not be liable to the Customer or any third party for any modification, suspension, or discontinuation of the Service.
OpsGas is an internal service credit unit used exclusively within the l2aas.net platform for the purpose of billing, metering, and paying for the Service. OpsGas functions as a prepaid service credit, analogous to prepaid electricity credits, prepaid telephone minutes, arcade tokens, laundromat tokens, or prepaid transit fare cards. OpsGas exists solely as an internal accounting and metering mechanism for the Service and has no purpose, function, utility, or value outside of the l2aas.net platform. The Provider established OpsGas as an internal service credit to provide a consistent and transparent unit of measurement for service consumption across all components of the Service.
THE CUSTOMER ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT OPSGAS IS NOT, AND SHALL NOT BE CONSIDERED, CONSTRUED, OR TREATED AS, ANY OF THE FOLLOWING: (A) A CRYPTOCURRENCY; (B) A DIGITAL CURRENCY; (C) A VIRTUAL CURRENCY; (D) A TOKEN (WHETHER UTILITY, SECURITY, PAYMENT, GOVERNANCE, OR OTHERWISE); (E) A COIN; (F) A DIGITAL ASSET; (G) A SECURITY (AS DEFINED UNDER THE SECURITIES ACT OF 1933, THE SECURITIES EXCHANGE ACT OF 1934, OR ANY STATE SECURITIES LAW); (H) AN INVESTMENT CONTRACT; (I) A FINANCIAL INSTRUMENT; (J) A COMMODITY (AS DEFINED UNDER THE COMMODITY EXCHANGE ACT); (K) A DERIVATIVE; (L) A MONEY MARKET INSTRUMENT; (M) A MEDIUM OF EXCHANGE; (N) A STORE OF VALUE; (O) A UNIT OF ACCOUNT (EXCEPT FOR THE LIMITED INTERNAL BILLING PURPOSE DESCRIBED HEREIN); (P) ELECTRONIC MONEY; (Q) A MONEY SERVICES BUSINESS PRODUCT; (R) A PAYMENT INSTRUMENT; (S) A NEGOTIABLE INSTRUMENT; OR (T) ANY OTHER FORM OF FINANCIAL PRODUCT, INSTRUMENT, OR ASSET UNDER ANY APPLICABLE LAW OR REGULATION. OPSGAS IS PURELY AND EXCLUSIVELY AN INTERNAL PREPAID SERVICE CREDIT FOR THE L2AAS.NET PLATFORM, NOTHING MORE AND NOTHING LESS.
OpsGas has absolutely no value, monetary or otherwise, outside of the l2aas.net platform. OpsGas cannot be used to purchase goods or services from any party other than the Provider through the Platform. OpsGas is not redeemable for cash, currency (whether fiat or digital), credit, or any other form of value. OpsGas does not represent an ownership interest, equity stake, revenue share, profit share, dividend right, voting right, governance right, or any other right in or to the Provider, the Platform, or any other entity or asset. The Customer shall not represent, market, advertise, or hold out OpsGas as having any value, utility, or function beyond its use as an internal service credit on the l2aas.net platform.
ALL PURCHASES OF OPSGAS ARE FINAL AND NON-REFUNDABLE. ONCE A CUSTOMER PURCHASES OPSGAS, THE PURCHASED OPSGAS CANNOT BE REFUNDED, RETURNED, OR EXCHANGED FOR USDC, ANY OTHER CRYPTOCURRENCY, ANY FIAT CURRENCY, OR ANY OTHER FORM OF VALUE OR CREDIT, UNDER ANY CIRCUMSTANCES WHATSOEVER. THIS NON-REFUNDABLE POLICY APPLIES WITHOUT EXCEPTION, INCLUDING BUT NOT LIMITED TO THE FOLLOWING CIRCUMSTANCES: (A) THE CUSTOMER DECIDES THEY NO LONGER WISH TO USE THE SERVICE; (B) THE CUSTOMER'S ACCOUNT IS TERMINATED, SUSPENDED, OR RESTRICTED FOR ANY REASON, INCLUDING TERMINATION FOR CAUSE; (C) THE CUSTOMER HAS UNUSED OPSGAS REMAINING IN THEIR ACCOUNT; (D) THE SERVICE IS MODIFIED, DEGRADED, INTERRUPTED, OR DISCONTINUED; (E) THE CUSTOMER IS DISSATISFIED WITH THE SERVICE FOR ANY REASON; (F) THE CUSTOMER EXPERIENCES TECHNICAL DIFFICULTIES OR DATA LOSS; (G) THE OPSGAS EXCHANGE RATE OR SERVICE PRICING CHANGES; (H) THE PROVIDER CHANGES THESE TERMS; (I) FORCE MAJEURE EVENTS OCCUR; (J) THE CUSTOMER'S CHAIN IS FROZEN, ARCHIVED, OR DELETED; OR (K) ANY OTHER CIRCUMSTANCE, WHETHER OR NOT FORESEEABLE. THE CUSTOMER WAIVES ANY AND ALL RIGHTS TO SEEK A REFUND, CHARGEBACK, REVERSAL, OR RETURN OF ANY OPSGAS PURCHASE. THE CUSTOMER AGREES THAT THEY WILL NOT INITIATE, FILE, OR PURSUE ANY CHARGEBACK, DISPUTE, OR REVERSAL OF ANY OPSGAS PURCHASE THROUGH ANY PAYMENT PROCESSOR, FINANCIAL INSTITUTION, BLOCKCHAIN NETWORK, OR OTHER INTERMEDIARY.
OpsGas is non-transferable. The Customer may not transfer, send, assign, convey, gift, sell, trade, swap, exchange, or otherwise dispose of OpsGas to or with any other Account, Customer, person, entity, wallet address, or third party, by any means, whether on-platform or off-platform, directly or indirectly. Any attempted transfer of OpsGas in violation of this provision shall be null and void, and the Provider reserves the right to reverse any such attempted transfer and to suspend or terminate the Accounts involved. OpsGas credits are bound exclusively to the Account that purchased them and may only be used by that Account for the payment of Fees within the l2aas.net platform.
The Customer shall not create, facilitate, participate in, or promote any secondary market, exchange, marketplace, auction, over-the-counter trading desk, swap facility, or other mechanism for the buying, selling, trading, swapping, lending, borrowing, or exchange of OpsGas, whether in exchange for currency (fiat or digital), other tokens, goods, services, or anything else of value. The Customer shall not list, advertise, or offer OpsGas for sale or exchange on any platform, website, application, social media channel, forum, or other venue. Any such activity constitutes a material breach of these Terms and may result in immediate termination of the Customer's Account and forfeiture of all remaining OpsGas.
Customers may purchase OpsGas through the Platform by exchanging USDC (USD Coin) at the then-current exchange rate. The process for purchasing OpsGas is as follows: (a) the Customer accesses the OpsGas purchase interface on the Platform; (b) the Customer selects the amount of USDC they wish to exchange for OpsGas; (c) the Platform displays the current USDC-to-OpsGas exchange rate and the corresponding amount of OpsGas the Customer will receive; (d) the Customer confirms the purchase; and (e) the Customer submits the USDC payment through a blockchain transaction to the designated wallet address. Upon confirmation of the USDC payment on the blockchain, the corresponding OpsGas will be credited to the Customer's OpsGas Balance. Processing times may vary based on blockchain network conditions.
The exchange rate between USDC and OpsGas (the "Exchange Rate") is determined by the Provider at its sole and absolute discretion. The Exchange Rate may be adjusted, modified, or changed by the Provider at any time, for any reason, and without prior notice to the Customer. Factors that may influence the Exchange Rate include, but are not limited to, infrastructure costs, market conditions, operational expenses, capacity utilization, and the Provider's business judgment. The Exchange Rate applicable to any purchase of OpsGas shall be the rate displayed on the Platform at the time the Customer initiates the purchase. The Provider makes no representation or guarantee that the Exchange Rate will remain stable, consistent, or predictable over time.
The Provider may, at its sole discretion, offer volume discounts to Customers who purchase larger quantities of OpsGas. Volume discount tiers, rates, thresholds, and conditions are determined exclusively by the Provider and may be changed or discontinued at any time without notice. Any volume discount is a discretionary pricing concession and does not create any ongoing obligation on the part of the Provider to continue offering such discounts. The availability and terms of volume discounts may vary by Customer, by time period, and by market conditions.
All Service Fees are denominated and payable in OpsGas. The specific OpsGas costs for each component of the Service, including monthly hosting fees, Data Availability charges, transaction gas costs, and any other charges, are determined by the Provider at its sole discretion and may be changed at any time without notice. The Provider reserves the right to introduce new fee categories, modify existing fee structures, adjust pricing tiers, and otherwise modify the OpsGas cost of any aspect of the Service. Current pricing information is available on the Platform and in the Documentation.
The Customer's OpsGas Balance is displayed on the Customer's dashboard on the Platform. The Provider shall maintain accurate records of each Customer's OpsGas Balance, including all purchases, debits, and adjustments. The Provider's records of OpsGas Balances shall be conclusive and binding in the event of any dispute regarding the Customer's balance. While the Provider endeavors to maintain accurate balance records, the Provider shall not be liable for any errors, discrepancies, or inaccuracies in OpsGas Balance records, except to the extent caused by the Provider's gross negligence or willful misconduct.
OpsGas does not expire based on the passage of time alone. However, OpsGas is subject to forfeiture in the following circumstances: (a) upon termination of the Customer's Account for any reason, including termination for cause, termination by the Customer, and termination due to the permanent deletion of the Customer's chain data as described in Section 7; (b) upon the Provider's determination that OpsGas was obtained through fraudulent, deceptive, or unauthorized means; (c) upon the Provider's determination that OpsGas was obtained or used in violation of these Terms; or (d) as otherwise provided in these Terms. Any OpsGas remaining in a terminated Account shall be deemed forfeited and shall not be refunded, transferred, or otherwise returned to the Customer.
The Customer is solely responsible for determining and fulfilling any tax obligations arising from the purchase or use of OpsGas, including without limitation any sales tax, use tax, value-added tax (VAT), goods and services tax (GST), withholding tax, income tax, or any other tax, duty, or levy imposed by any governmental authority. The Provider makes no representation regarding the tax treatment of OpsGas purchases or use and does not provide tax advice. The Customer is encouraged to consult with a qualified tax professional regarding the tax implications of their OpsGas purchases and Service usage.
The Provider has designed OpsGas to function exclusively as an internal prepaid service credit and not as a financial instrument, currency, token, or security. However, the Customer acknowledges that regulatory frameworks governing digital assets, virtual currencies, and related technologies are evolving and may vary by jurisdiction. The Customer is solely responsible for ensuring that their purchase and use of OpsGas complies with all Applicable Laws in their jurisdiction. The Provider reserves the right to modify the structure, mechanics, or terms of OpsGas at any time to ensure compliance with Applicable Law or in response to regulatory guidance or enforcement actions.
For the avoidance of doubt, OpsGas is most accurately analogized to the following types of prepaid service credits, all of which represent a prepayment for a specific service without constituting a financial instrument or medium of exchange: (a) prepaid electricity meter credits, where a customer prepays for electricity consumption and the credits are consumed as electricity is used; (b) arcade tokens, which are purchased with cash and can only be used to operate games within that specific arcade and have no value outside the arcade; (c) laundromat tokens, which are purchased at a specific laundromat and can only be used to operate machines at that laundromat; (d) prepaid transit fare cards, which are loaded with value and can only be used for transit rides on a specific transit system; (e) university meal plan credits, which are prepaid and can only be used at designated campus dining facilities; and (f) cloud computing credits offered by platform providers, which represent prepayment for computing resources. Like all of these examples, OpsGas is a prepaid credit for a specific service, consumed as the service is used, with no value or utility outside of that specific service context.
The Service involves the following categories of Fees, all of which are denominated and payable in OpsGas: (a) Monthly Hosting Fee: a recurring fee debited from the Customer's OpsGas Balance on the first (1st) day of each calendar month for the ongoing hosting, operation, and maintenance of the Customer's L2 chain infrastructure; (b) Data Availability Fee: a usage-based fee debited from the Customer's OpsGas Balance based on the volume of transaction data posted from the Customer's L2 chain to the underlying L1 for Data Availability purposes; (c) Transaction Gas: OpsGas consumed as gas for the execution of transactions and smart contract operations on the Customer's L2 chain; and (d) Additional Fees: any other fees that the Provider may introduce from time to time for additional services, features, or resources.
The Monthly Hosting Fee is debited automatically from the Customer's OpsGas Balance on the first (1st) day of each calendar month. The Monthly Hosting Fee covers the base cost of operating the Customer's L2 chain on Shared Infrastructure for that calendar month. The amount of the Monthly Hosting Fee is determined by the Provider at its sole discretion and may vary based on factors including but not limited to the Customer's chain configuration, resource utilization, and the Provider's current pricing schedule. The Provider reserves the right to adjust the Monthly Hosting Fee at any time without notice. If the Customer's OpsGas Balance is insufficient to cover the Monthly Hosting Fee on the debit date, the Customer's chain shall be Frozen in accordance with Section 7.
Data Availability Fees are debited from the Customer's OpsGas Balance on an ongoing basis as the Customer's L2 chain posts transaction data to the L1. The Data Availability Fee is calculated based on the volume of data posted, measured in bytes or other units as determined by the Provider. Data Availability Fees reflect the actual cost of posting data to the L1 and may fluctuate based on L1 network conditions, including L1 gas prices and network congestion. The Provider reserves the right to adjust the Data Availability Fee structure at any time without notice.
Transactions and smart contract operations on the Customer's L2 chain consume OpsGas as gas. The gas cost of each transaction is determined by the computational complexity of the operation, in accordance with EVM gas pricing rules. OpsGas consumed as transaction gas is debited from the applicable wallet balance on the Customer's L2 chain. The Provider may set or adjust gas price parameters, including base fees and priority fees, at its sole discretion.
The Customer's L1 Wallet serves as the master control mechanism for the Customer's service. The L1 Wallet must maintain a sufficient OpsGas balance to cover ongoing Service Fees. When the L1 Wallet's OpsGas balance reaches zero (0), all services associated with the Customer's Account shall cease immediately, including but not limited to block production, transaction processing, RPC endpoint availability, and Data Availability posting. The Customer is solely responsible for monitoring their L1 Wallet balance and ensuring that it contains sufficient OpsGas to cover anticipated Service Fees.
The sole accepted method of payment for OpsGas is USDC (USD Coin), submitted via blockchain transaction to the designated wallet address as specified on the Platform. The Provider does not accept payment by credit card, debit card, bank transfer, wire transfer, check, cash, or any other form of payment except USDC. The Customer is responsible for all blockchain transaction fees (gas fees) associated with sending USDC to the Provider's designated wallet address.
OpsGas shall be credited to the Customer's OpsGas Balance after the Provider confirms receipt of the Customer's USDC payment on the blockchain. Confirmation may require a specified number of block confirmations on the relevant blockchain network. The Provider shall not be liable for any delays in crediting OpsGas due to blockchain network congestion, transaction processing delays, or other factors outside the Provider's control. The Customer shall not initiate a transaction with insufficient gas or other parameters that may cause the transaction to fail or remain pending indefinitely.
The Provider reserves the right to change the OpsGas cost of any and all aspects of the Service, including the Monthly Hosting Fee, Data Availability Fees, transaction gas parameters, and any other Fees, at any time, for any reason, and without prior notice to the Customer. Price changes shall take effect immediately upon implementation and shall apply to all current and future billing periods. The Customer's continued use of the Service following a price change constitutes acceptance of the new pricing. The Provider recommends that Customers regularly review current pricing information on the Platform.
Given the automated nature of the Service and the prepaid credit model, all billing is determined by the Provider's automated systems based on the fee structures and metering mechanisms described in these Terms. The Provider's billing records shall be conclusive and binding. The Customer acknowledges that the absence of human support staff means that there is no mechanism for billing disputes, billing adjustments, billing credits, or other billing-related inquiries. The Customer accepts all billing as final.
While USDC is designed to maintain a stable value pegged to the United States Dollar, the Customer acknowledges that the actual market value of USDC may fluctuate. The Provider shall not be liable for any loss arising from fluctuations in the value of USDC, whether occurring before, during, or after the Customer's purchase of OpsGas. The Customer bears all risk associated with the holding and use of USDC.
A Customer's L2 chain is in Active status when the Customer's OpsGas Balance is sufficient to cover ongoing Service Fees. In Active status, the Customer's L2 chain produces blocks, processes transactions, maintains RPC endpoint availability, posts Data Availability data to the L1, and otherwise operates normally.
When a Customer's OpsGas Balance reaches zero (0), the Customer's L2 chain shall be Frozen immediately and without prior notice. During the Freeze state: (a) the Customer's L2 chain shall cease producing new blocks; (b) the Customer's L2 chain shall cease processing new transactions; (c) the Customer's RPC endpoint may become unavailable or return read-only data; (d) Data Availability posting shall cease; (e) all existing chain data and state shall be preserved on active infrastructure; and (f) the Customer's Account shall remain accessible for the purpose of purchasing additional OpsGas. The Freeze shall be lifted automatically upon the Customer purchasing sufficient OpsGas to cover the applicable Monthly Hosting Fee and any outstanding Fees.
The Freeze Period is seven (7) days from the date of Freezing, or such other period as the Provider may determine at its sole discretion. The Provider reserves the right to shorten or extend the Freeze Period at any time, for any reason, and without notice. During the Freeze Period, the Customer may restore their L2 chain to Active status by purchasing sufficient OpsGas. The Provider is under no obligation to send any notification, warning, or reminder to the Customer during the Freeze Period.
Upon the expiration of the Freeze Period without the Customer restoring their OpsGas Balance, the Customer's L2 chain data shall be Archived. Archiving involves the migration of the Customer's chain data from active infrastructure to Cold Storage. During the Archive state: (a) the Customer's L2 chain is not operational; (b) the Customer's chain data is stored in Cold Storage and is not accessible in real-time; (c) the Customer's RPC endpoint is deactivated; (d) the Customer cannot interact with their chain or its data; and (e) restoration from Archive is possible only at the Provider's sole discretion and subject to the conditions described in Section 7.5.
A Customer whose chain data has been Archived may request restoration of their chain. Restoration from Archive is subject to the following conditions: (a) restoration is available only at the Provider's sole discretion and the Provider may decline any restoration request for any reason; (b) the Customer must purchase sufficient OpsGas to cover at least one (1) month of the Monthly Hosting Fee before restoration will be initiated; (c) restoration may take an indeterminate amount of time, and the Provider makes no guarantee regarding restoration timelines; (d) restored chain data may not be identical to the original chain data, as some data degradation, loss, or incompatibility may occur during the archival and restoration process; (e) the Provider may charge an additional restoration fee, denominated in OpsGas, at its sole discretion; and (f) the Provider shall not be liable for any loss, damage, or inconvenience arising from the archival or restoration process.
If a Customer's chain data remains in Archive status for thirty (30) days (or such other period as the Provider may determine at its sole discretion) without the Customer requesting and completing restoration, the Customer's chain data shall be permanently deleted. PERMANENT DELETION IS IRREVERSIBLE. ONCE CHAIN DATA HAS BEEN PERMANENTLY DELETED, IT CANNOT BE RECOVERED, RESTORED, OR RECONSTRUCTED BY THE PROVIDER OR ANY OTHER PARTY, UNDER ANY CIRCUMSTANCES. THE PROVIDER SHALL HAVE NO LIABILITY WHATSOEVER FOR PERMANENTLY DELETED DATA. The Customer is solely responsible for maintaining their own backups of any data they wish to preserve.
All timelines specified in this Section 7, including but not limited to the Freeze Period (seven days), the Archive Period (thirty days), and any other time periods, are indicative and subject to change at the Provider's sole discretion at any time and without notice. The Provider may shorten, extend, or otherwise modify any timeline based on operational considerations, capacity constraints, cost factors, or any other reason. The Customer shall not rely on the specific timelines stated herein and should assume that any action described in this Section (Freezing, Archiving, or Permanent Deletion) may occur earlier or later than the indicated timeframes.
The Provider is under no obligation to send any notification, warning, alert, or reminder to the Customer at any stage of the lifecycle described in this Section, including but not limited to: (a) when the Customer's OpsGas Balance is running low; (b) when the Customer's chain is about to be Frozen; (c) when the chain has been Frozen; (d) when the Freeze Period is about to expire; (e) when the chain data is about to be Archived; (f) when the chain data has been Archived; (g) when the Archive Period is about to expire; or (h) when the chain data is about to be or has been permanently deleted. The Customer is solely responsible for monitoring their OpsGas Balance and chain status through the Platform dashboard.
Upon termination of a Customer's Account for any reason, the lifecycle described in this Section may be accelerated at the Provider's sole discretion. In the case of termination for cause (e.g., violation of these Terms), the Provider may immediately Archive or permanently delete the Customer's chain data without observing the Freeze Period or Archive Period.
The Customer agrees to use the Service solely for lawful purposes and in accordance with these Terms. The Service is intended for learning, experimentation, development, testing, research, and educational purposes related to blockchain technology. The Customer shall use the Service in a manner that is consistent with this intended purpose and shall not use the Service in any manner that: (a) violates any Applicable Law; (b) infringes upon the rights of any third party; (c) is harmful, threatening, abusive, harassing, defamatory, libelous, or invasive of another person's privacy; (d) interferes with or disrupts the Service, the Platform, or the servers and networks connected to the Service; (e) imposes an unreasonable or disproportionately large load on the Provider's infrastructure; or (f) is otherwise objectionable, as determined by the Provider in its sole discretion.
Because the Service operates on Shared Infrastructure, the Customer has a responsibility to use resources judiciously and to avoid activities that may degrade the experience of other Customers. The Customer shall not: (a) engage in activities designed to consume excessive computing, storage, bandwidth, or other resources relative to the Customer's legitimate use case; (b) run denial-of-service attacks, stress tests, or load tests against the Provider's infrastructure or any other infrastructure accessible through the Service; (c) deploy smart contracts or applications that are designed to create infinite loops, excessive recursion, or other patterns that consume resources without productive purpose; (d) attempt to bypass any resource limits, rate limits, or other constraints imposed by the Provider; or (e) use the Service to mine, generate, or create cryptocurrency for the purpose of extracting financial value from the Provider's infrastructure.
The Customer shall comply with all Applicable Laws in connection with their use of the Service, including without limitation: (a) laws relating to privacy and data protection; (b) laws relating to the export and import of technical data; (c) laws relating to financial services, money transmission, and securities; (d) laws relating to intellectual property; (e) laws relating to consumer protection; (f) laws relating to anti-money laundering and counter-terrorism financing; (g) laws relating to economic sanctions and trade restrictions; and (h) any other laws, regulations, or governmental requirements applicable to the Customer's use of the Service.
The Customer is solely and exclusively responsible for all Content that they deploy, store, process, or transmit through the Service, including without limitation all smart contracts, transactions, tokens, digital assets, and data resident on the Customer's L2 chain. The Provider does not monitor, review, audit, endorse, or assume any responsibility for Customer Content. The Customer represents and warrants that all Content deployed or used in connection with the Service: (a) does not violate any Applicable Law; (b) does not infringe upon the Intellectual Property Rights of any third party; (c) does not contain Malicious Code; (d) does not constitute or facilitate fraud, deception, or misrepresentation; and (e) is consistent with the Customer's representations and warranties under these Terms.
The Customer shall implement and maintain reasonable security measures to protect their Account, Customer Credentials, and Content from unauthorized access, use, or disclosure. Without limiting the foregoing, the Customer shall: (a) use strong, unique passwords and authentication mechanisms; (b) keep their Private Keys and seed phrases confidential and securely stored; (c) keep their devices and software up to date with security patches; (d) promptly investigate and respond to any suspected unauthorized access to their Account; and (e) cooperate with the Provider in the investigation and remediation of any security incidents affecting the Service.
The following activities are strictly prohibited in connection with the use of the Service. The Customer shall not, and shall not permit any Authorized User or third party to, engage in any of the following activities:
9.1.1 Illegal Activities. Using the Service for any purpose that violates any Applicable Law, including but not limited to money laundering, terrorist financing, tax evasion, fraud, theft, trafficking in controlled substances, trafficking in persons, child exploitation, distribution of illegal content, or any other criminal activity.
9.1.2 Financial Fraud and Scams. Using the Service to operate, facilitate, or promote: (a) Ponzi schemes, pyramid schemes, or multi-level marketing schemes; (b) pump-and-dump schemes or other forms of market manipulation; (c) fraudulent initial coin offerings (ICOs), token sales, or token generation events; (d) rug pulls or exit scams; (e) phishing, social engineering, or identity theft operations; (f) unauthorized debt collection; or (g) any other form of financial fraud or deception.
9.1.3 Securities Violations. Using the Service to issue, sell, distribute, or trade unregistered securities, investment contracts, or other financial instruments in violation of applicable securities laws, including the U.S. Securities Act of 1933, the U.S. Securities Exchange Act of 1934, and comparable state and international laws.
9.1.4 Sanctions Violations. Using the Service to transact with, provide services to, or otherwise benefit any person, entity, or jurisdiction that is the subject of economic sanctions imposed by the United States (OFAC), the European Union, the United Kingdom, the United Nations, or any other relevant governmental authority.
9.1.5 Intellectual Property Infringement. Using the Service to infringe, misappropriate, or violate the Intellectual Property Rights of any third party, including by deploying, distributing, or hosting copyrighted content, patented technology, trademarked material, or trade secrets without proper authorization.
9.1.6 Malicious Activities. Using the Service to: (a) develop, deploy, distribute, or host Malicious Code; (b) conduct denial-of-service attacks, distributed denial-of-service attacks, or other attacks against any system, network, or service; (c) conduct port scanning, vulnerability scanning, penetration testing, or other security assessments of any system without proper authorization; (d) intercept, monitor, or eavesdrop on communications without authorization; (e) gain unauthorized access to any computer system, network, or data; or (f) engage in any form of hacking, cracking, or exploitation of vulnerabilities.
9.1.7 Spam and Abuse. Using the Service to send, distribute, or facilitate spam, unsolicited bulk messages, chain letters, phishing messages, or other forms of unsolicited communications.
9.1.8 Harmful Content. Using the Service to create, deploy, host, store, or distribute content that: (a) promotes violence, terrorism, or extremism; (b) constitutes child sexual abuse material (CSAM) or child exploitation content; (c) constitutes revenge pornography or non-consensual intimate imagery; (d) promotes hatred, discrimination, or harassment based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or other protected characteristics; (e) is defamatory, libelous, or slanderous; or (f) is otherwise illegal or harmful.
9.1.9 Interference with Service. Engaging in any activity that interferes with, disrupts, damages, or impairs the Service, the Platform, or the Provider's infrastructure, including: (a) attempting to overload, flood, or crash the Provider's systems; (b) introducing Malicious Code into the Provider's systems; (c) exploiting bugs, vulnerabilities, or errors in the Service; (d) circumventing or attempting to circumvent security measures, access controls, or usage limits; (e) reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code or underlying algorithms of the Service or Platform (except to the extent expressly permitted by Applicable Law); or (f) accessing, using, or testing the Service by any means other than the interfaces and methods provided or authorized by the Provider.
9.1.10 Misrepresentation. Misrepresenting the Customer's identity, affiliation, or authority; impersonating any person or entity; or falsely claiming an affiliation with the Provider.
9.1.11 Gambling. Using the Service to operate or facilitate illegal gambling, betting, lottery, or gaming activities in any jurisdiction where such activities are prohibited by Applicable Law.
9.1.12 OpsGas Manipulation. Engaging in any activity that manipulates, exploits, or abuses the OpsGas system, including: (a) attempting to create, mint, or generate OpsGas through unauthorized means; (b) attempting to transfer OpsGas between Accounts; (c) creating multiple Accounts for the purpose of obtaining promotional OpsGas or volume discounts; (d) exploiting pricing errors or system glitches; or (e) engaging in any other form of OpsGas-related fraud or abuse.
If the Provider determines, in its sole discretion, that the Customer has engaged in any prohibited activity, the Provider may take any or all of the following actions without notice: (a) suspend the Customer's Account and L2 chain; (b) terminate the Customer's Account and L2 chain; (c) permanently delete the Customer's chain data; (d) forfeit the Customer's remaining OpsGas balance; (e) report the Customer to relevant law enforcement authorities; (f) cooperate with law enforcement investigations; and (g) pursue any other legal remedies available to the Provider. The Provider's determination that a prohibited activity has occurred shall be final and binding, and the Provider shall not be obligated to provide evidence, explanation, or justification for its determination.
The Provider and its licensors own all right, title, and interest in and to the Service, the Platform, and all associated software, technology, algorithms, processes, designs, interfaces, documentation, trademarks, service marks, trade names, logos, and other Intellectual Property Rights (collectively, the "Provider IP"). These Terms do not grant the Customer any right, title, or interest in the Provider IP except for the limited license expressly set forth in Section 10.2. The Customer shall not: (a) use the Provider's trademarks, service marks, trade names, or logos without the Provider's prior written consent; (b) register or attempt to register any trademark, service mark, domain name, or social media handle that is confusingly similar to the Provider's marks; or (c) challenge or assist any third party in challenging the validity of the Provider's Intellectual Property Rights.
Subject to the Customer's compliance with these Terms and payment of all applicable Fees, the Provider grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and the Platform during the Term solely for the Customer's internal learning, experimentation, and development purposes as described in these Terms. This license does not include the right to: (a) sublicense, sell, resell, transfer, or distribute the Service; (b) modify, adapt, or create derivative works of the Service or Platform; (c) copy or reproduce the Service or Platform except as necessary for authorized use; (d) use the Service for the benefit of any third party; or (e) use the Service in any manner not expressly authorized by these Terms.
The Customer retains all right, title, and interest in and to the Customer Data and Content, including any smart contracts, applications, and other materials created by the Customer and deployed on their L2 chain. These Terms do not transfer any of the Customer's Intellectual Property Rights to the Provider. However, by using the Service, the Customer grants the Provider a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display Customer Data solely as necessary to provide the Service. This license shall terminate upon the deletion of the Customer's chain data, whether through the lifecycle process described in Section 7 or otherwise.
The Service may incorporate or be built upon open source software components. Such open source components are subject to their respective open source licenses, and nothing in these Terms shall be construed to limit the Customer's rights under, or to grant the Customer rights that supersede, the terms and conditions of any applicable open source license. The Provider may make available a list of open source components used in the Service upon request. The Customer's use of open source components is at the Customer's own risk, and the Provider makes no warranty or representation regarding open source software except as required by the applicable open source license.
If the Customer provides any suggestions, ideas, feedback, recommendations, or other input regarding the Service or Platform ("Feedback"), the Customer hereby grants the Provider a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive license to use, reproduce, modify, distribute, publicly display, publicly perform, sublicense, and otherwise exploit such Feedback for any purpose, without any obligation, compensation, attribution, or accounting to the Customer. The Customer waives any and all moral rights in any Feedback provided to the Provider.
The Provider respects the Intellectual Property Rights of others and expects Customers to do the same. If you believe that content hosted on a Customer's L2 chain infringes your copyright, you may submit a notification in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. Section 512. Due to the automated and decentralized nature of the Service, the Provider's ability to respond to DMCA notices may be limited. The Provider reserves the right to terminate the Accounts of repeat infringers in appropriate circumstances.
Except for the express licenses granted in this Section 10, nothing in these Terms shall be construed to grant either Party any implied license or other right under any Intellectual Property Rights of the other Party, whether by estoppel, implication, exhaustion, or otherwise.
The Provider collects and processes certain data in connection with the operation of the Service. The types of data collected may include: (a) blockchain wallet addresses used by the Customer to interact with the Service; (b) transaction data, including USDC payments for OpsGas purchases; (c) usage data, including RPC endpoint usage, transaction volumes, chain activity metrics, and resource consumption; (d) technical data, including IP addresses, browser type, operating system, device information, and access timestamps; (e) OpsGas purchase and balance history; and (f) any other data that the Customer submits to or generates through the Service. The Customer acknowledges that blockchain transactions are inherently public and that wallet addresses and transaction data recorded on the L1 and the Customer's L2 chain may be publicly accessible.
The Provider may use collected data for the following purposes: (a) to provide, operate, and maintain the Service; (b) to process OpsGas purchases and manage billing; (c) to monitor and enforce compliance with these Terms; (d) to detect and prevent fraud, abuse, and security incidents; (e) to improve and optimize the Service and Platform; (f) to generate aggregated, anonymized, or de-identified statistics and analytics; (g) to comply with legal obligations and respond to lawful government requests; and (h) for any other purpose consistent with these Terms and Applicable Law.
The Provider may share Customer data with third parties in the following circumstances: (a) with service providers, vendors, and contractors who assist in the operation of the Service, subject to appropriate confidentiality and data protection obligations; (b) in response to a lawful request by a governmental authority, including a subpoena, court order, search warrant, or regulatory request; (c) to enforce these Terms or protect the Provider's rights, property, or safety; (d) in connection with a merger, acquisition, reorganization, or sale of all or substantially all of the Provider's assets; (e) with the Customer's consent; or (f) as otherwise required or permitted by Applicable Law.
The Provider retains collected data for as long as necessary to fulfill the purposes described in these Terms, comply with legal obligations, resolve disputes, and enforce agreements. Blockchain data, by its nature, is retained on the Customer's L2 chain for the duration of the chain's lifecycle as described in Section 7 and may be retained on the L1 indefinitely. Usage metrics and analytics data may be retained for up to one hundred eighty (180) days for capacity planning and operational purposes. The Provider may retain certain data for longer periods as required by Applicable Law or as necessary for legitimate business purposes.
The Provider implements commercially reasonable technical and organizational security measures designed to protect collected data from unauthorized access, disclosure, alteration, or destruction. However, no method of electronic storage or transmission is completely secure, and the Provider cannot guarantee absolute security. The Provider shall not be liable for any unauthorized access, disclosure, alteration, or loss of data resulting from factors beyond the Provider's reasonable control, including without limitation cyberattacks, security vulnerabilities in Third-Party Services, or the Customer's failure to maintain adequate security practices.
To the extent that the processing of Personal Data of individuals located in the European Economic Area (EEA), the United Kingdom, or Switzerland is subject to the General Data Protection Regulation (Regulation (EU) 2016/679) ("GDPR") or the UK GDPR, the following provisions shall apply:
11.6.1 Legal Basis for Processing. The Provider processes Personal Data on the following legal bases: (a) performance of a contract (Article 6(1)(b) GDPR), as processing is necessary to provide the Service; (b) legitimate interests (Article 6(1)(f) GDPR), including the Provider's interest in operating, securing, and improving the Service; and (c) compliance with legal obligations (Article 6(1)(c) GDPR).
11.6.2 Data Subject Rights. Individuals whose Personal Data is processed by the Provider may exercise the following rights under the GDPR, subject to applicable limitations and exceptions: (a) the right of access (Article 15); (b) the right to rectification (Article 16); (c) the right to erasure (Article 17); (d) the right to restriction of processing (Article 18); (e) the right to data portability (Article 20); (f) the right to object (Article 21); and (g) the right not to be subject to automated decision-making (Article 22). Due to the automated nature of the Service, the Provider's ability to respond to data subject requests may be limited. Requests may be submitted through the contact mechanism described in Section 20.
11.6.3 International Data Transfers. The Provider may transfer Personal Data to countries outside the EEA, the United Kingdom, and Switzerland, including the United States. Such transfers are made on the basis of appropriate safeguards, including Standard Contractual Clauses adopted by the European Commission, or on the basis of applicable derogations under Article 49 of the GDPR.
11.6.4 Data Protection Officer. Given the automated nature of the Service and the limited scope of Personal Data processing, the Provider has not appointed a Data Protection Officer. Inquiries regarding data protection may be directed to the contact mechanism described in Section 20.
The Platform may use cookies, web beacons, pixels, and similar tracking technologies to collect technical data, facilitate the operation of the Platform, and analyze usage patterns. By using the Platform, the Customer consents to the use of such technologies. The Customer may configure their browser to reject cookies, but doing so may impair the functionality of the Platform.
The Customer acknowledges and agrees that data recorded on their L2 chain and on the underlying L1 is stored on a distributed ledger and may be publicly accessible, immutable, and irreversible. The Provider cannot modify, delete, or redact data that has been recorded on a blockchain. The Customer is solely responsible for ensuring that they do not store Personal Data, confidential information, or other sensitive data on their L2 chain unless they have implemented appropriate safeguards and are comfortable with the permanence and potential public accessibility of such data.
THE SERVICE, THE PLATFORM, AND ALL ASSOCIATED SOFTWARE, TECHNOLOGY, CONTENT, AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, COMPATIBILITY, SECURITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
THE PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS. THE PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL MEET THE CUSTOMER'S REQUIREMENTS OR EXPECTATIONS, THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, THAT THE SERVICE WILL OPERATE IN COMBINATION WITH ANY PARTICULAR HARDWARE, SOFTWARE, OR SYSTEM, OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE.
THE PROVIDER DOES NOT WARRANT THE CORRECTNESS, COMPLETENESS, RELIABILITY, OR SECURITY OF ANY BLOCKCHAIN TECHNOLOGY, PROTOCOL, SMART CONTRACT, OR CRYPTOGRAPHIC MECHANISM USED IN OR IN CONNECTION WITH THE SERVICE. BLOCKCHAIN TECHNOLOGY IS INHERENTLY EXPERIMENTAL AND SUBJECT TO RISKS INCLUDING, WITHOUT LIMITATION, CONSENSUS FAILURES, SMART CONTRACT VULNERABILITIES, CRYPTOGRAPHIC WEAKNESSES, 51% ATTACKS, REORGS, FORKS, AND OTHER TECHNICAL RISKS. THE CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE USE OF BLOCKCHAIN TECHNOLOGY.
THE PROVIDER DOES NOT WARRANT THE INTEGRITY, DURABILITY, AVAILABILITY, OR RECOVERABILITY OF ANY CUSTOMER DATA, CHAIN DATA, TRANSACTION DATA, OR OTHER DATA STORED, PROCESSED, OR TRANSMITTED THROUGH THE SERVICE. THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING BACKUP COPIES OF ANY DATA THEY WISH TO PRESERVE.
THE PROVIDER MAKES NO WARRANTY OR REPRESENTATION REGARDING ANY THIRD-PARTY SERVICE, INCLUDING WITHOUT LIMITATION THE UNDERLYING L1 BLOCKCHAIN, USDC, ANY WALLET SOFTWARE, OR ANY OTHER THIRD-PARTY PRODUCT OR SERVICE USED IN CONNECTION WITH THE SERVICE. THE CUSTOMER'S USE OF THIRD-PARTY SERVICES IS AT THE CUSTOMER'S OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF THE RESPECTIVE THIRD-PARTY PROVIDERS.
Nothing in the Service, the Platform, or the Documentation constitutes legal, financial, investment, tax, or other professional advice. The Customer should consult with qualified professionals before making any decisions based on information obtained through the Service. The Provider is not a registered broker-dealer, investment advisor, financial planner, tax consultant, or legal counsel, and does not provide any professional advisory services.
THE CUSTOMER ACKNOWLEDGES THAT THE SERVICE IS A LEARNING AND EXPERIMENTATION TOOL AND IS NOT DESIGNED OR INTENDED FOR PRODUCTION USE, MISSION-CRITICAL APPLICATIONS, FINANCIAL SERVICES, HEALTHCARE, LIFE-SAFETY, OR ANY APPLICATION WHERE FAILURE COULD RESULT IN SIGNIFICANT HARM, FINANCIAL LOSS, OR LEGAL LIABILITY. THE CUSTOMER USES THE SERVICE AT THEIR OWN RISK AND ASSUMES ALL RESPONSIBILITY FOR THE CONSEQUENCES OF SUCH USE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain rights. To the extent that any provision of this Section 12 is prohibited or restricted by Applicable Law, such provision shall be limited to the minimum extent required by law, and all other provisions shall remain in full force and effect. Nothing in these Terms shall affect the statutory rights of any Customer who qualifies as a consumer under Applicable Law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER, ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AGENTS, CONTRACTORS, OR LICENSORS (COLLECTIVELY, THE "PROVIDER PARTIES") BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF DIGITAL ASSETS, LOSS OF CRYPTOCURRENCY, LOSS OF USE, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICE, OR THE CUSTOMER'S USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF THE PROVIDER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE PROVIDER PARTIES TO THE CUSTOMER FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICE, OR THE CUSTOMER'S USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE TOTAL AMOUNT OF USDC ACTUALLY PAID BY THE CUSTOMER TO THE PROVIDER FOR OPSGAS PURCHASES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF THE CUSTOMER HAS NOT MADE ANY OPSGAS PURCHASES DURING SUCH PERIOD, THE PROVIDER'S MAXIMUM AGGREGATE LIABILITY SHALL BE ONE UNITED STATES DOLLAR (US$1.00).
The Customer acknowledges and agrees that the Provider has set its pricing, structured the Service, and entered into these Terms in reliance upon the limitations of liability and disclaimers of warranties set forth herein, and that the same form an essential basis of the bargain between the Parties. The Parties agree that the limitations of liability and disclaimers of warranties are reasonable allocations of risk and reflect the pricing and commercial terms of the Service.
Without limiting the generality of the foregoing, the Provider Parties shall have no liability whatsoever for: (a) any loss arising from the Customer's failure to properly secure their Customer Credentials, including Private Keys and seed phrases; (b) any loss arising from unauthorized access to the Customer's Account; (c) any loss arising from the Freeze, Archive, or Permanent Deletion of the Customer's chain data in accordance with Section 7; (d) any loss arising from the Customer's use of the Service for production or mission-critical purposes; (e) any loss arising from smart contract vulnerabilities, bugs, or exploits in Customer-deployed code; (f) any loss arising from fluctuations in the value of USDC, OpsGas, or any other digital asset; (g) any loss arising from modifications to the Service, Exchange Rate changes, or Fee adjustments; (h) any loss arising from Third-Party Service failures or blockchain network issues; (i) any loss arising from Force Majeure Events; or (j) any loss arising from the Customer's violation of these Terms or Applicable Law.
The Customer agrees that any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the cause of action accrues. Any claim not filed within this period shall be permanently barred. This limitation applies to all claims, whether based on warranty, contract, tort, statute, or any other legal theory.
The Customer shall defend, indemnify, and hold harmless the Provider Parties from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with: (a) the Customer's use of the Service; (b) the Customer's Content, including any smart contracts, tokens, or applications deployed on the Customer's L2 chain; (c) the Customer's violation of these Terms; (d) the Customer's violation of any Applicable Law; (e) the Customer's infringement or misappropriation of any third party's Intellectual Property Rights or other rights; (f) the Customer's negligence or willful misconduct; (g) any dispute between the Customer and any third party arising from the Customer's use of the Service; or (h) the Customer's breach of any representation or warranty made in these Terms.
With respect to any claim subject to indemnification under this Section 14: (a) the Provider shall make commercially reasonable efforts to notify the Customer of the claim, provided that the failure to provide such notice shall not relieve the Customer of its indemnification obligations except to the extent that the Customer is materially prejudiced by such failure; (b) the Customer shall have sole control of the defense and settlement of the claim, provided that the Customer shall not settle any claim that imposes any obligation on the Provider or that admits any liability on the part of the Provider without the Provider's prior written consent; and (c) the Provider shall cooperate with the Customer in the defense of the claim, at the Customer's expense. The services operating under this agreement are provided by the entity Mesa Operations LLC, a Wyoming limited liability company with its registered office at 30 N Gould St Ste R, Sheridan, WY 82801, which maintains the infrastructure and systems upon which the platform operates and which is the contracting party for purposes of these Terms, and the Customer's indemnification obligations run to the benefit of that entity and all of its officers, members, managers, agents, contractors, and affiliates.
The indemnification obligations set forth in this Section 14 shall survive the termination or expiration of these Terms and the Customer's Account for a period of three (3) years.
These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between the Parties (whether based on warranty, contract, tort, statute, regulation, ordinance, or any other legal or equitable theory) shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Before initiating any formal dispute resolution proceeding, the Customer agrees to first attempt to resolve any dispute informally by contacting the Provider through the contact mechanism described in Section 20. The Customer shall provide a written description of the dispute, including the nature of the claim, the specific relief sought, and supporting documentation. The Parties shall attempt to resolve the dispute informally for a period of sixty (60) days following receipt of the Customer's notice. If the dispute is not resolved within the sixty (60) day informal resolution period, either Party may proceed to binding arbitration as described below.
ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR THE RELATIONSHIP BETWEEN THE PARTIES THAT IS NOT RESOLVED THROUGH INFORMAL DISPUTE RESOLUTION SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH THE AAA'S COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES THEN IN EFFECT (THE "AAA RULES"), AS MODIFIED BY THIS SECTION 15. THE ARBITRATION SHALL BE CONDUCTED BY A SINGLE ARBITRATOR SELECTED IN ACCORDANCE WITH THE AAA RULES. THE ARBITRATION SHALL BE HELD IN SHERIDAN COUNTY, WYOMING, UNLESS THE PARTIES AGREE TO A DIFFERENT LOCATION OR TO CONDUCT THE ARBITRATION REMOTELY VIA VIDEOCONFERENCE. THE ARBITRATOR SHALL APPLY WYOMING LAW CONSISTENT WITH THE FEDERAL ARBITRATION ACT AND SHALL HAVE THE AUTHORITY TO AWARD ANY REMEDY THAT WOULD BE AVAILABLE IN COURT, SUBJECT TO THE LIMITATIONS SET FORTH IN THESE TERMS. THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING ON BOTH PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THE CUSTOMER UNDERSTANDS AND AGREES THAT BY AGREEING TO BINDING ARBITRATION, THE CUSTOMER IS WAIVING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE IN COURT.
THE CUSTOMER AND THE PROVIDER EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING, WHETHER IN ARBITRATION OR IN COURT (TO THE EXTENT PERMITTED), SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE OR CONSOLIDATED PROCEEDING. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, TO CONSOLIDATE CLAIMS OF MULTIPLE PARTIES, OR TO AWARD RELIEF TO A CLASS OF CLAIMANTS. THE CUSTOMER WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION AGAINST THE PROVIDER, WHETHER AS A NAMED PLAINTIFF, CLASS MEMBER, OR OTHERWISE. IF ANY PROVISION OF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID, AND THE DISPUTE SHALL BE RESOLVED IN THE STATE OR FEDERAL COURTS LOCATED IN SHERIDAN COUNTY, WYOMING.
Notwithstanding the foregoing, the following claims are exempt from the binding arbitration requirement: (a) claims for injunctive or equitable relief in aid of arbitration; (b) claims relating to the enforcement of Intellectual Property Rights, including patent, copyright, trademark, and trade secret claims; and (c) small claims court actions, provided that the claim falls within the jurisdictional limits of the small claims court and is brought on an individual (non-class) basis.
The payment of AAA filing fees, arbitrator fees, and other arbitration costs shall be governed by the AAA Rules. Each Party shall bear its own attorneys' fees and costs in connection with the arbitration, unless the arbitrator awards attorneys' fees to the prevailing party in accordance with Applicable Law.
The Customer may opt out of the binding arbitration and class action waiver provisions of this Section 15 by sending a written opt-out notice to the Provider within thirty (30) days of the Effective Date. The opt-out notice must include the Customer's name, Account identifier (wallet address), and a clear statement that the Customer wishes to opt out of the arbitration and class action waiver provisions. Opting out of arbitration will not affect any other provisions of these Terms. If the Customer does not opt out within the thirty (30) day period, the Customer shall be bound by the arbitration and class action waiver provisions.
TO THE EXTENT THAT THE ARBITRATION PROVISIONS OF THIS SECTION 15 DO NOT APPLY TO A PARTICULAR DISPUTE FOR ANY REASON, THE CUSTOMER AND THE PROVIDER EACH IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR THE RELATIONSHIP BETWEEN THE PARTIES.
For any dispute, claim, or proceeding that is not subject to binding arbitration under this Section 15, the Customer and the Provider consent to the exclusive jurisdiction and venue of the state and federal courts located in Sheridan County, Wyoming, and each Party irrevocably waives any objection to such jurisdiction or venue, including any objection based on inconvenient forum.
The Provider reserves the right to modify, amend, update, or replace these Terms at any time, for any reason, and at the Provider's sole discretion. Modifications may include changes to any provision of these Terms, including but not limited to provisions relating to the Service, OpsGas, Fees, billing, acceptable use, intellectual property, privacy, disclaimers, limitations of liability, indemnification, dispute resolution, arbitration, and any other subject matter covered by these Terms.
The Provider shall post the modified Terms on the Platform with an updated "Last Updated" date. The Provider may, but is not obligated to, provide additional notice of material modifications through the Platform dashboard, email (if the Customer has provided an email address), or other communication channels. The Customer is responsible for regularly reviewing the Terms posted on the Platform to stay informed of any modifications.
The Customer's continued use of the Service following the posting of modified Terms constitutes the Customer's acceptance of and agreement to be bound by the modified Terms. If the Customer does not agree to the modified Terms, the Customer must immediately cease all use of the Service and close their Account. The Customer's sole and exclusive remedy for disagreement with any modification to these Terms is to stop using the Service.
Modifications to these Terms shall apply prospectively from the date of posting and shall not retroactively alter the rights or obligations of the Parties with respect to events occurring prior to the effective date of the modification, except as required by Applicable Law or as expressly stated in the modification.
The Customer may terminate their Account and these Terms at any time by ceasing all use of the Service and allowing their OpsGas Balance to deplete. The Customer acknowledges that Account termination does not entitle the Customer to a refund of any unused OpsGas, as all OpsGas purchases are non-refundable in accordance with Section 5.4. Upon termination by the Customer, the Customer's chain data shall be subject to the lifecycle process described in Section 7 (Freeze, Archive, Permanent Deletion).
The Provider may terminate the Customer's Account and these Terms at any time, for any reason or no reason, at the Provider's sole discretion, with or without notice. Without limiting the foregoing, the Provider may terminate the Customer's Account immediately and without notice for any of the following reasons: (a) the Customer has violated these Terms, including the Acceptable Use Policy or Prohibited Activities provisions; (b) the Customer has engaged in fraudulent, deceptive, or illegal activity; (c) the Customer has failed to pay applicable Fees; (d) the Provider is required to do so by Applicable Law, court order, or governmental directive; (e) the Provider determines that the Customer's use of the Service poses a risk to the Provider, the Service, other Customers, or third parties; (f) the Customer's Account has been inactive for an extended period; or (g) the Provider decides to discontinue the Service, in whole or in part.
The Provider may suspend the Customer's Account and access to the Service, in whole or in part, at any time, for any reason or no reason, at the Provider's sole discretion, with or without notice. Suspension may occur for any of the reasons described in Section 17.2, as well as for maintenance, security, capacity, or other operational purposes. Suspension does not constitute termination, and the Provider may restore the Customer's access at its discretion. During suspension, the Customer's OpsGas Balance shall not be refunded, and Fees may continue to accrue as described in Section 6.
Upon termination of these Terms, regardless of the reason: (a) all licenses granted to the Customer under these Terms shall immediately terminate; (b) the Customer shall immediately cease all use of the Service and the Platform; (c) the Customer's chain data shall be subject to the lifecycle process described in Section 7, which may be accelerated at the Provider's discretion in the case of termination for cause; (d) any unused OpsGas in the Customer's Account shall be forfeited and shall not be refunded; and (e) the Provider shall have no obligation to maintain, store, or return any Customer Data.
The following Sections shall survive the termination or expiration of these Terms: Section 1 (Definitions), Section 5 (OpsGas, to the extent applicable to surviving obligations), Section 10 (Intellectual Property), Section 11 (Privacy), Section 12 (Disclaimers), Section 13 (Limitation of Liability), Section 14 (Indemnification), Section 15 (Dispute Resolution), Section 16 (Modifications, to the extent applicable), Section 17.4 (Effect of Termination), Section 17.5 (Survival), Section 18 (Force Majeure), and Section 19 (Miscellaneous). Additionally, any provision of these Terms that by its nature should survive termination shall survive.
Neither Party shall be liable for any failure or delay in the performance of its obligations under these Terms (other than payment obligations) to the extent that such failure or delay is caused by a Force Majeure Event. A "Force Majeure Event" means any event or circumstance beyond the reasonable control of the affected Party, including but not limited to: (a) acts of God, including earthquakes, floods, hurricanes, tornadoes, volcanic eruptions, tsunamis, wildfires, and other natural disasters; (b) epidemics, pandemics, quarantines, and public health emergencies; (c) war, armed conflict, terrorism, insurrection, rebellion, revolution, civil unrest, riots, and military action; (d) government actions, including sanctions, embargoes, trade restrictions, blockades, import or export restrictions, and regulatory changes; (e) legislative or regulatory changes that materially affect the provision of the Service; (f) strikes, lockouts, and other labor disputes (not involving the Provider's own workforce, given the automated nature of the Service); (g) failures of the Internet, telecommunications networks, power grids, or other critical infrastructure; (h) cyberattacks, including denial-of-service attacks, ransomware attacks, and other malicious activities targeting the Provider's infrastructure or Third-Party Services upon which the Service depends; (i) failures or disruptions of Third-Party Services, including hosting providers, cloud platforms, blockchain networks, and other infrastructure providers; (j) fires, explosions, and other catastrophic events; (k) supply chain disruptions affecting the availability of hardware, software, or other resources necessary for the provision of the Service; (l) acts of any governmental authority, including executive orders, court orders, and regulatory enforcement actions; and (m) any other event or circumstance beyond the reasonable control of the affected Party, whether or not similar to the events described above.
Without limiting the generality of Section 18.1, the following events shall be deemed Force Majeure Events for purposes of these Terms: (a) hard forks, soft forks, or other protocol changes on the L1 or any blockchain network upon which the Service depends; (b) consensus failures, chain splits, or reorganizations on any blockchain network; (c) 51% attacks or other majority attacks on any blockchain network; (d) significant and sustained increases in L1 gas prices or network congestion that render the operation of the Service economically impractical; (e) smart contract vulnerabilities, exploits, or failures in foundational protocols upon which the Service is built; (f) regulatory actions specifically targeting blockchain technology, cryptocurrency, or related technologies; and (g) failures or disruptions of key blockchain infrastructure components, including bridges, oracles, and sequencers.
If a Force Majeure Event occurs, the affected Party's obligations under these Terms (other than payment obligations) shall be suspended for the duration of the Force Majeure Event. The affected Party shall use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and to resume performance of its obligations as soon as practicable. If a Force Majeure Event continues for more than ninety (90) consecutive days, either Party may terminate these Terms upon written notice to the other Party, without liability to the other Party (other than for accrued payment obligations).
The Customer shall not be entitled to any refund, credit, compensation, or other remedy for any interruption, degradation, or unavailability of the Service caused by a Force Majeure Event. The non-refundable nature of OpsGas, as described in Section 5.4, applies regardless of whether the Service is affected by a Force Majeure Event.
These Terms, together with any policies, guidelines, or supplementary terms incorporated by reference, constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, warranties, understandings, negotiations, discussions, and communications, whether oral or written, between the Parties with respect to the subject matter hereof. No representation, promise, inducement, statement of intention, or other commitment has been made by either Party that is not embodied in these Terms, and neither Party shall be bound by or liable for any alleged representation, promise, inducement, or statement of intention not set forth herein.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or an arbitrator, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the provision to the greatest extent possible. If such modification is not possible, the invalid provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect. The invalidity of any provision in a particular jurisdiction shall not affect the validity of such provision in any other jurisdiction.
The failure of either Party to enforce any provision of these Terms shall not constitute a waiver of that provision or of the right to enforce it at a later time. No waiver of any provision of these Terms shall be effective unless made in writing and signed by the waiving Party. A waiver of any particular provision shall not be deemed a waiver of any other provision, and a waiver granted on one occasion shall not be deemed a waiver on any subsequent occasion.
The Customer may not assign, transfer, delegate, or otherwise dispose of these Terms or any of the Customer's rights or obligations hereunder, in whole or in part, without the prior written consent of the Provider. Any attempted assignment in violation of this provision shall be null and void. The Provider may freely assign, transfer, or delegate these Terms or any of its rights or obligations hereunder, in whole or in part, to any Affiliate or to any successor in interest, whether by merger, acquisition, reorganization, or sale of all or substantially all of its assets, without the Customer's consent. These Terms shall be binding upon and inure to the benefit of the Parties and their respective permitted successors and assigns.
These Terms are for the sole benefit of the Parties and their respective permitted successors and assigns. Nothing in these Terms, whether express or implied, is intended to or shall confer upon any third party any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms. Without limiting the foregoing, the Provider Parties (as defined in Section 13) are intended third-party beneficiaries of the limitation of liability (Section 13) and indemnification (Section 14) provisions of these Terms.
The relationship between the Parties is that of independent contractors. Nothing in these Terms shall be construed to create a joint venture, partnership, agency, employment, or fiduciary relationship between the Parties. Neither Party shall have the authority to bind the other Party or to incur any obligation on behalf of the other Party.
All notices required or permitted under these Terms shall be in writing and shall be deemed given: (a) when delivered personally; (b) when sent by email (with confirmation of receipt); (c) one (1) business day after being sent by nationally recognized overnight courier; or (d) three (3) business days after being sent by registered or certified mail, postage prepaid, return receipt requested. Notices to the Provider shall be sent to the contact information specified in Section 20. Notices to the Customer shall be sent to the most recent contact information associated with the Customer's Account or, if no contact information is available, may be posted on the Platform.
The section and subsection headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms. The table of contents is provided for convenience only and does not form part of these Terms.
These Terms may be accepted in electronic form, and such electronic acceptance shall have the same force and effect as an original signature. The Customer's electronic acceptance creates a binding agreement regardless of whether a physical copy of these Terms is signed by either Party.
These Terms are drafted in the English language. In the event that these Terms are translated into any other language, the English language version shall prevail in the event of any conflict or inconsistency between the English version and any translation.
The rights and remedies of the Parties under these Terms are cumulative and are in addition to, and not in substitution for, any other rights and remedies available to the Parties at law or in equity. The exercise of any right or remedy shall not preclude the exercise of any other right or remedy, whether under these Terms, at law, in equity, or otherwise.
These Terms shall not be construed against the drafter. Each Party acknowledges that it has had the opportunity to review these Terms and to obtain legal counsel prior to acceptance. Accordingly, the rule of construction that ambiguities shall be resolved against the drafter shall not apply to these Terms.
The Customer shall comply with all applicable export control laws and regulations, including the U.S. Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), and the economic sanctions programs administered by OFAC. The Customer shall not export, re-export, or transfer the Service, any technical data received from the Service, or any direct products thereof, to any destination, entity, or person prohibited by Applicable Law without first obtaining any required government authorization.
If the Customer is a U.S. government end user, the Service qualifies as "commercial computer software" and "commercial computer software documentation" as defined in the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS). Use, duplication, disclosure, modification, and adaptation of the Service shall be subject to the terms of these Terms and the applicable FAR and DFARS provisions.
The Customer agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to these Terms or the Service must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
Regardless of the forum in which a dispute is adjudicated, the Customer may only bring claims against the Provider in the Customer's individual capacity and not as a plaintiff or class member in any purported class, collective, representative, or consolidated proceeding. This restriction applies in arbitration, in court, and in any other forum.
The Customer acknowledges and agrees that the Service is operated entirely by automated systems without human intervention. All billing, metering, service provisioning, chain management, lifecycle operations (Freeze, Archive, Deletion), and other operational functions are performed by automated systems. The Provider makes no warranty regarding the accuracy, reliability, or correctness of automated systems, and the Customer accepts all risk associated with the automated nature of the Service.
Nothing in these Terms shall create or impose any fiduciary duty on the Provider toward the Customer. The Provider's obligations under these Terms are limited to those expressly stated herein, and the Provider owes no duty of care, loyalty, disclosure, or good faith to the Customer beyond what is required by Applicable Law and these Terms.
The Customer acknowledges and accepts the following risks associated with the use of the Service: (a) blockchain technology is experimental and may be subject to unforeseen technical, regulatory, or economic risks; (b) the regulatory environment for blockchain technology, digital assets, and related technologies is uncertain and evolving, and future regulatory changes could materially affect the Service; (c) the Service operates on Shared Infrastructure and may be affected by the activities of other Customers; (d) the Provider is a small entity operating with fully automated systems and may have limited resources to respond to catastrophic events; (e) the Customer's Private Keys, if lost, cannot be recovered, and loss of Private Keys may result in permanent loss of access to the Customer's chain and data; (f) smart contracts deployed on the Customer's L2 chain may contain vulnerabilities that could result in loss of data or digital assets; (g) the value of USDC may fluctuate; and (h) the Service may be discontinued at any time. The Customer has carefully considered these risks and has determined that they are acceptable in light of the Customer's intended use of the Service.
These Terms govern the Customer's use of the l2aas.net platform and Service. To the extent that the Customer uses Third-Party Services in connection with the Service, such use may be subject to the terms and conditions of the respective third-party providers. In the event of any conflict between these Terms and the terms of any Third-Party Service, these Terms shall govern the Customer's relationship with the Provider, and the third-party terms shall govern the Customer's relationship with the third-party provider.
Due to the fully automated and self-service nature of the Service, there is no human support staff available. The Documentation published on the Platform at l2aas.net is the Customer's primary resource for information, guidance, and troubleshooting.
Formal legal notices, including legal process, DMCA notices, and arbitration opt-out notices, may be directed to the mailing address published on the Platform. Notices sent by mail should be sent via registered or certified mail, postage prepaid, return receipt requested.
Legal correspondence may be addressed to:
L2aaS Legal Department
30 N Gould St Ste R
Sheridan, WY 82801
United States
Given the automated nature of the Service, the Provider makes no commitment regarding response times for any correspondence, inquiry, or notice. The Customer should not expect a timely response, or any response at all, to general inquiries. Legal notices and process will be reviewed and responded to in accordance with Applicable Law.
END OF TERMS OF USE
By using the l2aas.net platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use in their entirety.