API AND DATA TERMS OF SERVICE

Effective February 19, 2025

These API and Data Terms of Service (this “TOS”) is an agreement you must accept in order to use any software service or data, including any application programming interface or related software services (collectively, the “Services”) offered or made available by Ava Labs, Inc. (the “Company,” “we,” “our,” or “us”) or its service providers other than any service specifically governed by separate terms of service as set forth on https://www.avalabs.org/legal. By accepting this TOS, or by accessing or using the Services, you agree to be bound by this TOS and the Important Notice, which is hereby incorporated herein by reference. IF YOU DO NOT AGREE WITH THIS TOS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

You acknowledge that this TOS is a contract between you and the Company, even though it is electronic and is not physically signed by you and the Company, and it governs your use of the Services. If you use the Services as an interface to, or in conjunction with other products or services developed, offered or made available by the Company, then the terms for those other products or services also apply.

If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this TOS. In that case, the terms “you” or “your” shall also refer to such entity.

‍

Section 1. User Representations and Covenants

1.1 By using the Services, you represent, warrant and covenant that:

You have the legal capacity to enter into, and you agree to comply with, this TOS;
You are at least 18 years old;
You are responsible for all of your activities (whether lawful or unlawful) in using the Services;
Your actions are not in violation of applicable export control restrictions;
You or any party that owns or controls you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including without limitation the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Blocked Persons List and the Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States or any other applicable government authority (collectively, “Restricted Persons”). Any use or attempted use by wallet addresses that are designated on a Restricted Persons list will be blocked;
You or any party that owns or controls you are not located, incorporated or otherwise established in in any country to which the United States has embargoed goods or has otherwise applied any sanctions (the “Restricted Territories”);
You do not intend to transact, and have not transacted, with any Restricted Persons or persons located in Restricted Territories; and
You are not located, incorporated or otherwise established in, or a citizen or resident of a jurisdiction where it would be illegal under applicable law for you (by reason of your nationality, domicile, citizenship, residence or otherwise) to access or use the Services.

‍

Section 2. Acceptable Use Policy

2.1 You agree not to (and you shall ensure that those acting on your behalf do not) access or use the Services to:

Upload or transmit (or attempt to upload or to transmit) viruses, malware, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation or maintenance of the Services;
Attempt to degrade or deny service to others;
Trick, defraud, or mislead others, especially in any attempt to learn sensitive information such as login credentials;
Attempt to gain unintended privileges or access, or engage in any activity that interferes with, disrupts, harms, damages, or accesses in an unauthorized manner the servers, security, networks, data, applications or other properties or services of us or any third party;
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services;
Use any information obtained from the Services in order to harass, abuse, or harm another person;
Sublicense or sell access to the Services;
Violate any applicable laws or regulations;
Engage in any automated use of the Services to extract or gather data, such as using any data mining, spider, robots, scraper or similar tools;
Attempt to impersonate another person in using the Services or make any false statements pertaining to your identity;
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services;
Copy or adapt the Services;
Decipher, decompile, disassemble or reverse engineer any of the software and data comprising or in any way making up a part of the Services;
Use the Services as part of any effort to compete with us; or
Violate, misappropriate or infringe the rights of another, including privacy, publicity, intellectual property, or other proprietary rights.

‍

Section 3. Intellectual Property

3.1 Unless otherwise indicated, Company will own and retain all right, title and interest in and to (i) the Services, including all software, improvements, enhancements or modifications thereto, (ii) any software, applications, inventions or other technology developed as part of any software or data related to the Services, and (iii) all intellectual property rights related to all of the foregoing. This Agreement does not grant you (A) any rights to the Intellectual Property Rights in the Services or (B) any rights to use the Company’s trademarks, service marks, logos, domain names, or other brand features. "Intellectual Property Rights" means current and future worldwide rights under copyright, patent, trade secret, trademark, moral rights and other similar rights.

3.2 Except as expressly provided herein, Company and its licensors do not grant any express or implied license to the Services.

3.3 If you are eligible to use the Services, you are hereby granted a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the Services solely for the purposes permitted hereunder. We reserve all rights not expressly granted to you in and to the Services.

‍

Section 4. Governing Law

4.1 This TOS and your access or use of the Services are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of laws principles.

‍

Section 5. Disclaimers

5.1 The Company is not obligated to provide any support, implementation, maintenance or upgrade We may develop updates or upgrades to the Services or to any extensions or enhancements to the Services from time to time, which we may make available to you at our sole discretion. We reserve the right to terminate, suspend or change the Services at any time with or without notice, including, but not limited to, changing or removing the Services or performing scheduled or unscheduled maintenance. You acknowledge and agree that updates to the Services may not be backwards compatible with prior versions.

5.2 IN NO EVENT WILL THE COMPANY OR THE AVALANCHE FOUNDATION LIMITED, ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, THE “FOUNDATION”) OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AFFILIATES, AGENTS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, STATUTORY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF GOODWILL OR REPUTATION, LOSS OF CONTRACT, DIMINUTION IN VALUE OR LOST OPPORTUNITY, LOSS, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY, COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHER DAMAGES, IN ANY OTHER FORM, ARISING OUT OF, OR IN CONNECTION WITH, THE TOS; YOUR USE OR INABILITY TO USE THE SERVICES; MARKETING OF THE SERVICES; ANY FORM OF FAILURE, ERROR, OR BREAKDOWN IN USE OF THE SERVICES; THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES IN CIRCUMSTANCES WHERE YOU DO NOT OR ARE UNABLE TO USE THE SERVICES; ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; ANY FAULT, OR ERROR MADE BY THE COMPANY OR THE FOUNDATION; YOUR RELIANCE ON CONTENT AVAILABLE THROUGH THE SERVICES; ANY COMMUNICATION WITH OTHER USERS THROUGH THE SERVICES; ANY RESTRICTION OF ACCESS OR USE OF THE SERVICES; OR ANY OTHER MATTER RELATING TO THE SERVICES, EVEN IF THE COMPANY OR THE FOUNDATION HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE AGGREGATE LIABILITY OF THE COMPANY AND THE FOUNDATION AND THEIR RESPECTIVE SERVICE PROVIDERS TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO U.S.$1.00. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

5.4 THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR ACCESS OR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR ACCESS OR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT (I) THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES; (II) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (III) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WITHOUT LIMITING THE FORGOING, YOU UNDERSTAND AND AGREE THAT THE COMPANY AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES WILL NOT BE LIABLE FOR ANY GLITCHES, BUGS, ERRORS, HACKS OR INACCURACIES OF ANY KIND IN, OR ANY VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING, THE SERVICES OR THE SYSTEMS OPERATED BY THE COMPANY OR ON ITS BEHALF.

‍

Section 6. Indemnification; Release

6.1 You agree to defend, release, indemnify, and hold the Company and the Foundation, including all of our respective affiliates, service providers, officers, directors, agents, partners, employees, contractors, successors and assigns (collectively, “Indemnified Parties” and, each, an “Indemnified Party”) harmless from and against any loss, damage, expenses, liability, claim, or demand (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) (“Losses”), due to or arising out of: (1) your access to or use of the Services, or your inability to access or use the Services; (2) any contributions you submit to Company or transmit through the Services (including, without limitation, any content or computer viruses), (3) your breach or anticipatory breach of this TOS; (4) your violation or anticipatory violation of applicable law; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

6.2 You agree to release each of the Indemnified Parties from any and all claims and demands (and waive any rights you may have against any of the Indemnified Parties in relation to any Losses you may suffer or incur), arising directly or indirectly out of or in connection with any dispute that you have with any other user of the Services or other third party in connection with the Services (including any digital asset transactions) or the subject matter of the TOS.