Terms of Service

These Terms of Service (the "Terms") are entered into by and between you and Nomos Technologies, Inc. ("Nomos," "we," "us," or "our"). These Terms, together with any documents expressly incorporated by reference, govern your access to and use of https://nomos.trade (the "Site"), and all related tools, applications (online, mobile, or otherwise), data, software, APIs, and services we provide (collectively with the Site, the "Services"), whether you access them as a guest or a registered user.

Please read these Terms carefully, particularly the "Risk Warning," "Restricted Persons and Jurisdictions," "Disclaimers," "Limitation of Liability," and "Dispute Resolution" sections, before using the Services. By accessing or using the Services, you accept and agree to be bound by these Terms and our Privacy Policy, available at https://nomos.trade/privacy. If you do not agree, you must not access or use the Services.

IMPORTANT: SECTION 18 OF THESE TERMS CONTAINS A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. EXCEPT AS DESCRIBED IN SECTION 18, YOU AND NOMOS AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 18.8.

1. About Nomos

1.1 The Services

Nomos is a software interface and analytics terminal for prediction markets. The Services aggregate data and provide tooling that lets users discover, analyze, and route trades to third-party prediction market venues, including but not limited to Polymarket and other external platforms (the "External Platforms"). The Services may also include geospatial event visualization, on-chain analytics, smart-wallet tracking, AI-assisted research tools, and other features added from time to time.

Nomos is a front-end and analytics layer. Trade execution, custody, settlement, and resolution of any market occur on the External Platforms or on the underlying blockchain protocols. Nomos does not operate a prediction market, does not act as a counterparty to any trade, does not custody user funds, and does not control market outcomes or payouts.

1.2 Regulatory Status; No Advice; No Fiduciary Relationship

Nomos is a technology provider. Nomos is not, and does not hold itself out as, a broker, dealer, exchange, designated contract market, swap execution facility, futures commission merchant, introducing broker, commodity pool operator, commodity trading advisor, investment adviser, money transmitter, or money services business. Nomos is not registered with, licensed by, or supervised by the U.S. Securities and Exchange Commission, the U.S. Commodity Futures Trading Commission, FINRA, the NFA, FinCEN, or any other financial regulatory authority in any jurisdiction.

Nothing in the Services, and no communication from Nomos, constitutes legal, tax, financial, investment, or accounting advice, an offer or solicitation to buy or sell any instrument, or a recommendation of any market, position, or strategy. No fiduciary, advisory, brokerage, agency, or trustee relationship is created between you and Nomos by these Terms or by your use of the Services. You should consult your own qualified advisors before making any decision.

1.3 Compensation Disclosure

Nomos may receive fees, revenue sharing, order attribution or builder fees, referral or affiliate compensation, or other consideration from External Platforms or other third parties in connection with activity conducted through or routed via the Services. The existence or amount of such compensation does not constitute an endorsement or recommendation of any External Platform, market, or transaction. By using the Services, you acknowledge and consent to Nomos receiving such compensation.

2. Eligibility

The Services are available only to users who:

(a) are at least 18 years of age, or the age of majority in their jurisdiction, whichever is greater;

(b) have the full legal capacity to enter into a binding agreement with Nomos;

(c) are not a Restricted Person and are not located in a Restricted Jurisdiction (each as defined below); and

(d) are accessing and using the Services in compliance with all applicable laws and regulations, including the terms of service of any External Platform.

By using the Services, you represent and warrant that you meet all of the foregoing requirements. If you do not, you must not access or use the Services.

3. Restricted Persons and Restricted Jurisdictions

3.1 Restricted Persons

You may not access or use the Services if you are a "Restricted Person," which includes any individual or entity that is:

• a citizen, resident, national, or otherwise located in a Restricted Jurisdiction (as defined in Section 3.2);
• listed on, or owned or controlled by a person or entity listed on, any sanctions list maintained by the United States (including the U.S. Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List), the United Kingdom (HM Treasury), the European Union, Canada, Switzerland, Australia, or the United Nations Security Council;
• a senior political figure, immediate family member, or close associate of such a figure, where such status would render the use of the Services unlawful or prohibited;
• prohibited from accessing, holding, or trading on any External Platform, either by the operator of that External Platform or by any law, regulation, court order, or governmental authority applicable to that user;
• otherwise prohibited by applicable law from accessing or using services of the nature provided by Nomos.

3.2 Restricted Jurisdictions

You may not access or use the Services if you are located in, ordinarily resident in, organized under the laws of, or otherwise physically present in any of the following jurisdictions (each, a "Restricted Jurisdiction"):

• Cuba
• Iran
• North Korea (Democratic People's Republic of Korea)
• Syria
• Russia
• Belarus
• the Crimea region of Ukraine
• the so-called Donetsk People's Republic and Luhansk People's Republic regions
• the Kherson and Zaporizhzhia regions of Ukraine
• Afghanistan
• Myanmar (Burma)
• Venezuela
• Sudan and South Sudan
• Libya
• Yemen
• Somalia
• Iraq
• Lebanon
• Zimbabwe
• Hong Kong (in respect of certain Services as required by law)
• The People's Republic of China (excluding Hong Kong SAR and Macao SAR)
• Singapore
• France and its overseas territories
• Belgium
• Poland
• Portugal
• Hungary
• Taiwan
• Thailand
• Ukraine
• The United Arab Emirates
• Any jurisdiction in which prediction markets, derivatives trading on event outcomes, or the underlying digital asset activity is prohibited by law or regulation
• Any other jurisdiction subject to comprehensive sanctions by the United States, United Kingdom, European Union, or United Nations

In addition, individual External Platforms impose their own geographic restrictions, which are addressed in Section 3.4. A jurisdiction restricted by a particular External Platform is not, for that reason alone, a Restricted Jurisdiction for purposes of the Services generally.

We may update the list of Restricted Jurisdictions from time to time to reflect changes in law, sanctions designations, External Platform restrictions, or our compliance posture. Updates will be reflected in these Terms, and we will provide notice of material changes in accordance with Section 13. The version of the list in effect at the time of your access applies to that access.

3.3 Your Representations

By accessing or using the Services, you represent and warrant that (a) you are not a Restricted Person, (b) you are not located in, and will not access the Services from, a Restricted Jurisdiction, (c) you are not using the Services on behalf of any Restricted Person, (d) you will not use any virtual private network, proxy, or other technology to circumvent the restrictions in this Section 3 or the geographic restrictions of any External Platform, and (e) you will comply with the geographic eligibility rules of each External Platform you access through the Services. Any breach of this Section 3 is a material breach of these Terms and may result in immediate suspension or termination of your access, forfeiture of any pending actions on the Services, and reporting to relevant authorities.

3.4 Platform-Specific Geographic Restrictions

Each External Platform maintains its own geographic eligibility rules, which may prohibit or restrict persons located in certain jurisdictions (including, for some External Platforms, the United States and other jurisdictions not listed in Section 3.2) from opening positions, closing positions, or accessing that platform at all. These rules are set and enforced by the External Platforms, may change at any time without notice, and are described in each External Platform's own terms and documentation.

You may not use the Services to access, route orders to, or otherwise transact on any External Platform from a jurisdiction in which, or while you are a person to whom, that External Platform prohibits or restricts such activity. A restriction applicable to one External Platform does not limit your use of the Services generally or your access to other External Platforms, unless the jurisdiction is a Restricted Jurisdiction under Section 3.2.

We may use IP-based geolocation and other technical measures to restrict access to particular External Platform features based on your detected location, and we may block, reject, or decline to route any order that we believe would violate an External Platform's geographic restrictions. These measures rely on information available to us, and we do not guarantee that they will detect every restricted user.

You agree not to use any virtual private network, proxy, false or spoofed location data, or any other technique to misrepresent your location or to circumvent geographic restrictions imposed by Nomos or by any External Platform. Any such circumvention is a material breach of these Terms, is undertaken solely at your own risk, and is entirely your responsibility. Without limiting Section 17 (Indemnification), you are solely responsible for all consequences of accessing an External Platform from a restricted location, including rejected, cancelled, or unwound orders, frozen or forfeited funds or positions, account suspension or termination by the External Platform, regulatory or legal consequences, and any resulting losses. Nomos has no liability for any of the foregoing and may suspend or terminate your access to the Services immediately upon becoming aware of any such circumvention.

3.5 Compliance Is Your Responsibility

The legal status of prediction markets, digital assets, and related financial activity varies significantly across jurisdictions and may change without notice. You are solely responsible for determining whether your use of the Services is legal in your jurisdiction and for complying with all applicable laws, including tax laws. Nomos does not provide legal, tax, financial, or investment advice and makes no representation that the Services or any activity conducted through them is lawful in any particular jurisdiction.

4. Account Registration and Wallets

To access certain features of the Services, you may be required to create an account and connect or generate a digital asset wallet through a third-party authentication and wallet provider (currently Privy or a successor provider). You agree to provide accurate, current, and complete information during registration and to update it as needed.

You are solely responsible for safeguarding your account credentials, recovery methods, private keys, seed phrases, passkeys, and any device or email account associated with your wallet. Nomos does not have access to, cannot recover, and cannot reset your private keys. Any loss of access to your wallet may result in the permanent loss of any digital assets held in it.

You agree to notify us promptly of any unauthorized access to or use of your account. You are responsible for all activity that occurs under your account, whether or not authorized by you.

5. Third-Party Services and External Platforms

5.1 Third-Party Services

The Services connect to, route data and orders to, and display content from third-party services, including the External Platforms, wallet providers, blockchain networks, on-ramp and off-ramp providers, identity providers, analytics tools, and data providers (collectively, "Third-Party Services").

You acknowledge and agree that:

(a) your use of any Third-Party Service is subject to that service's own terms and policies, which you are responsible for reviewing and complying with;

(b) Nomos is not a party to any agreement between you and any Third-Party Service, and we have no responsibility or liability for the acts, omissions, performance, availability, content, accuracy, or pricing of any Third-Party Service;

(c) any trades, transactions, payments, custody arrangements, KYC obligations, market resolutions, or disputes arising from a Third-Party Service are solely between you and that Third-Party Service;

(d) we may add, remove, suspend, or modify integrations with Third-Party Services at any time and without notice; and

(e) outages, errors, delays, or security incidents affecting a Third-Party Service may affect the Services, and we are not liable for any resulting loss.

5.2 Release

To the fullest extent permitted by applicable law, you release Nomos, its affiliates, and its and their officers, directors, employees, agents, and licensors (the "Released Parties") from any and all claims, demands, damages (actual, consequential, or otherwise), losses, and liabilities of every kind and nature, known and unknown, arising out of or in any way connected with (a) any dispute between you and any External Platform or other Third-Party Service, (b) any transaction, trade, market resolution, custody arrangement, or payment conducted on or through any External Platform or Third-Party Service, and (c) the acts or omissions of any External Platform or Third-Party Service.

If you are a California resident, you expressly waive the protections of California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." If you reside in another jurisdiction with a similar statute or doctrine, you expressly waive its protections to the fullest extent permitted by law.

6. Risk Warning

Prediction market activity involves significant risk. You acknowledge and agree that:

(a) You can lose your entire position. Prices of prediction market contracts can move quickly and unpredictably. Outcomes may resolve in ways you did not anticipate. You may lose all of the funds you commit to a market.

(b) Markets may be illiquid. Some markets have thin liquidity. You may not be able to enter or exit positions at the prices displayed or within the time frame you expect. Slippage and partial fills are common.

(c) Resolution risk. Market outcomes are determined by the resolution mechanisms of the External Platform on which they trade. Resolutions may be disputed, delayed, or determined in ways you disagree with. Nomos has no role in market resolution.

(d) Smart contract and protocol risk. The External Platforms and the blockchain networks they rely on are software systems. They may contain bugs, be subject to exploits, suffer from network congestion, undergo unannounced upgrades or forks, or fail entirely. Your funds may be lost or frozen as a result.

(e) Custody risk. Your digital assets are held by your wallet provider or on the External Platform, not by Nomos. You bear all risk associated with that custody, including key loss, provider failure, and protocol compromise.

(f) Regulatory risk. Prediction markets and digital assets are subject to evolving regulation. Future regulatory action may render the Services or the External Platforms unavailable, restrict your ability to withdraw funds, or change the tax treatment of your activity.

(g) Information risk. Data, analytics, AI-generated commentary (including outputs from Nomi or any other AI feature), signals, charts, news feeds, and other content provided through the Services are for informational purposes only. They are not financial advice, investment recommendations, or guarantees of any outcome. AI outputs may be inaccurate, incomplete, or misleading. You are solely responsible for your own research and trading decisions.

(h) No advice. Nothing on the Services constitutes legal, tax, financial, investment, or accounting advice. You should consult your own qualified advisors before making any decision.

7. Fees and Payment

Access to certain features of the Services may currently be provided without charge. We may introduce fees for any feature of the Services, or change existing fees, at any time. We will provide notice of new or changed fees through the Services or by other reasonable means before they apply to you. Your continued use of a paid feature after a fee change takes effect constitutes your acceptance of the changed fee.

Except as required by applicable law, all fees paid to Nomos are non-refundable. All fees are exclusive of taxes, and you are responsible for all taxes, duties, and governmental charges associated with your use of the Services, other than taxes on Nomos's net income.

You are separately responsible for all third-party costs associated with your activity, including blockchain network (gas) fees, External Platform fees, spreads, and on-ramp or off-ramp charges. Nomos does not control and is not responsible for those costs.

Initiating a chargeback, payment reversal, or dispute of any amount properly charged under these Terms is a material breach of these Terms.

8. Beta and Experimental Features

We may designate certain features of the Services as "alpha," "beta," "preview," "early access," "experimental," or similar (collectively, "Beta Features"), including AI-assisted features such as Nomi. Beta Features are provided for evaluation purposes, are provided "as is" and "as available," may contain errors or produce inaccurate outputs, may be modified, suspended, or discontinued at any time without notice, and may be subject to additional terms presented at the point of access. To the fullest extent permitted by law, Nomos will have no liability arising out of or related to any Beta Feature.

9. Acceptable Use

You agree not to:

(a) use the Services in violation of any applicable law, regulation, or third-party right;

(b) use the Services if you are a Restricted Person or located in a Restricted Jurisdiction, or attempt to circumvent any access restriction (including through use of VPNs, proxies, falsified location data, or false identity information);

(c) engage in market manipulation, wash trading, spoofing, layering, front-running, insider trading, or any other manipulative or deceptive trading practice on the Services or on any External Platform accessed through the Services;

(d) trade on the basis of material non-public information, including where prohibited by the rules of an External Platform or by law (this includes, where applicable, prohibitions on political candidates, athletes, public officials, and their close associates trading certain markets);

(e) use the Services to launder money, finance terrorism, evade sanctions, evade taxes, or facilitate any other illegal activity;

(f) reverse engineer, decompile, disassemble, scrape, or otherwise attempt to extract the source code, models, or non-public APIs of the Services, except to the extent expressly permitted by applicable law;

(g) interfere with, disrupt, overload, or attempt to gain unauthorized access to the Services, our infrastructure, or any user's account;

(h) introduce malware, viruses, or other harmful code into the Services;

(i) impersonate any person or entity or misrepresent your affiliation with any person or entity;

(j) collect or harvest user data from the Services without authorization;

(k) use the Services to develop a competing product or service;

(l) use any automated tool, bot, or script to access the Services in a manner that exceeds the limits we publish or that imposes an unreasonable load on our infrastructure;

(m) resell, sublicense, or otherwise commercialize access to the Services without our express written consent; or

(n) use the Services, including any wallet-tracking or on-chain analytics feature, to harass, stalk, threaten, intimidate, dox, deanonymize, or surveil any person, or to collect or infer information about an identifiable individual for any unlawful purpose.

We may investigate and take action against any suspected violation, including suspending or terminating accounts, restricting access, and cooperating with law enforcement.

10. Intellectual Property

The Services, including all software, code, designs, text, graphics, logos, trademarks, AI models, data compilations, and other content (excluding user content and third-party content), are owned by Nomos or its licensors and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal use or your own internal business use, subject to these Terms. This license does not permit you to resell, redistribute, sublicense, or otherwise commercialize access to the Services or any data obtained through them, except as expressly permitted under Section 9(m) or with our express written consent.

All rights not expressly granted are reserved. You may not copy, modify, distribute, sell, lease, or create derivative works based on the Services or any portion of them, except as permitted by applicable law.

"Nomos," the Nomos logo, "Atlas," "Signals," "Nomi," and other product names and marks used on the Services are trademarks of Nomos. You may not use them without our prior written consent.

11. User Content and Feedback

If you submit content to the Services (including comments, watchlists, configurations, custom dashboards, or any other material), you grant Nomos a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, host, store, reproduce, modify, create derivative works of, and display that content in connection with operating, improving, and promoting the Services.

You represent that you own or have the necessary rights to the content you submit and that it does not violate these Terms or any law or third-party right.

If you provide feedback, suggestions, or ideas about the Services, you grant Nomos a perpetual, irrevocable, royalty-free, worldwide license to use them for any purpose without obligation to you.

12. Copyright Policy (DMCA)

We respect the intellectual property rights of others and expect users to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA").

If you believe that content on the Services infringes your copyright, send a written notice to our designated copyright agent containing: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to locate it; (d) your contact information (address, telephone number, and email); (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf.

If you believe material you posted was removed or disabled by mistake or misidentification, you may submit a counter-notice to the same agent containing the information required by 17 U.S.C. § 512(g)(3).

We may remove or disable access to allegedly infringing material at any time, with or without notice. We maintain a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.

13. Modifications to the Services and Terms

We may, at any time and without notice, add, remove, change, suspend, or discontinue any part of the Services, including features, integrations, supported markets, supported wallets, and supported jurisdictions.

We may modify these Terms from time to time by posting the revised Terms on the Site. The "Last Modified" date at the top of these Terms indicates when they were last updated. We will provide notice of material changes through the Services, by email, or by other reasonable means. Except as otherwise stated, changes are effective on the date posted, and your continued use of the Services after the effective date constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.

Notwithstanding the foregoing, changes to Section 18 (Dispute Resolution) will not apply to any dispute that arose, or of which either party had actual notice, before the date the change became effective. Any such dispute will be governed by the version of Section 18 in effect when the dispute arose. If we make a material change to Section 18, you may reject the change by sending written notice to legal@nomos.trade within 30 days of the change becoming effective, in which case the most recent version of Section 18 that you accepted will continue to apply between you and Nomos.

14. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason or no reason, including if we believe you have violated these Terms or applicable law, if we are required to do so by law, if continuing to provide the Services to you poses an unacceptable risk to us or to other users, or if we discontinue the Services or any feature of them.

You may stop using the Services at any time. Termination does not relieve you of any obligation that accrued before termination, and the following sections survive termination: 3 (Restricted Persons and Jurisdictions), 5.2 (Release), 6 (Risk Warning), 7 (Fees and Payment, with respect to accrued amounts), 10 (Intellectual Property), 11 (User Content and Feedback), 12 (Copyright Policy), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Indemnification), 18 (Dispute Resolution), and 19 (Miscellaneous).

15. Disclaimers

The Services are provided "as is" and "as available," without warranties of any kind, express or implied. To the fullest extent permitted by law, Nomos disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy, and availability.

Without limiting the foregoing, Nomos makes no representation or warranty that:

(a) the Services will be uninterrupted, timely, secure, or error-free;

(b) any data, prices, analytics, AI outputs, signals, or other information displayed through the Services is accurate, complete, current, or reliable;

(c) any defect will be corrected;

(d) the Services or the servers that make them available are free of viruses or other harmful components;

(e) the Services will be compatible with your hardware, software, or network configuration; or

(f) any market accessed through the Services will perform as you expect.

You assume all risk arising from your use of the Services and any Third-Party Service.

16. Limitation of Liability

To the fullest extent permitted by law, in no event will Nomos, its affiliates, or its or their officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, business, goodwill, or digital assets, arising out of or related to these Terms or the Services, whether in contract, tort, strict liability, or any other theory, and whether or not we have been advised of the possibility of such damages.

In all events, our aggregate liability to you for all claims arising out of or related to these Terms or the Services will not exceed the greater of (a) one thousand U.S. dollars (US$1,000) or (b) the total fees you paid directly to Nomos in the twelve (12) months preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions or limitations may not apply to you.

17. Indemnification

You agree to defend, indemnify, and hold harmless Nomos, its affiliates, and its and their officers, directors, employees, agents, and licensors (the "Indemnified Parties") from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your access to or use of the Services, (b) your breach of these Terms, (c) your violation of any law or third-party right, (d) your activity on any External Platform or Third-Party Service, including any trades you place or fail to place, and (e) any content you submit through the Services.

We will use reasonable efforts to notify you of any claim subject to indemnification. We reserve the right, at your expense, to assume the exclusive defense and control of any such matter, and you agree to cooperate fully with our defense. You may not settle or compromise any claim involving an Indemnified Party without our prior written consent. Your indemnification obligations do not depend on our tender of defense.

18. Dispute Resolution; Arbitration Agreement; Class Action Waiver

Please read this Section 18 carefully. It requires you and Nomos to resolve disputes through binding individual arbitration, limits the manner in which you can seek relief, and waives your right to a jury trial and to participate in class actions. You may opt out as described in Section 18.8.

For purposes of this Section, "Dispute" means any dispute, controversy, or claim arising out of or relating to these Terms or the Services, including their existence, validity, breach, or termination, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and including disputes that arose before these Terms or after their termination.

18.1 Informal Dispute Resolution (Required First Step)

Before either party may initiate arbitration or any other proceeding, that party must first send the other a written notice of dispute ("Notice"). A Notice to Nomos must be sent by email to legal@nomos.trade. A Notice must be individualized to the party sending it and must include: (a) the sender's name, mailing address, and email address; (b) the account identifier or wallet address used with the Services (if any); (c) a description of the nature and basis of the Dispute; and (d) a description of the specific relief sought, including the amount of any damages claimed and how that amount was calculated. The Notice must be personally signed by the party sending it (and by that party's counsel, if represented).

For a period of 60 days from receipt of a completed Notice (the "Informal Resolution Period"), the parties will attempt in good faith to resolve the Dispute informally. If either party requests, the parties will participate in an individualized telephone or video conference during the Informal Resolution Period; counsel may participate, but the party itself must personally attend. Completion of this informal dispute resolution process is a condition precedent to initiating arbitration or any other proceeding. Any applicable statute of limitations and filing-fee deadlines will be tolled during the Informal Resolution Period. A court of competent jurisdiction may enjoin the filing or prosecution of an arbitration commenced in violation of this Section 18.1, and either party may raise non-compliance with this Section to the arbitrator or a court.

18.2 Agreement to Arbitrate

If a Dispute is not resolved during the Informal Resolution Period, you and Nomos agree that the Dispute will be resolved exclusively by final and binding arbitration on an individual basis, rather than in court, except as provided in Sections 18.3 (small claims) and 18.11 (equitable relief). This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and evidences a transaction involving interstate commerce.

18.3 Small Claims

Either party may elect to bring an individual claim in small claims court in a court of competent jurisdiction if the claim qualifies, so long as the matter remains in that court and advances only on an individual (non-class, non-representative) basis. If a claim filed in arbitration qualifies for small claims court, either party may elect, before an arbitrator is appointed, to have the claim heard in small claims court instead.

18.4 Arbitration Procedures

The arbitration will be administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (for claims under US$250,000) or its Comprehensive Arbitration Rules and Procedures (for larger claims), each as in effect at the time the arbitration demand is submitted, and, where applicable, the JAMS Consumer Arbitration Minimum Standards. If JAMS is unavailable, the parties will select an alternative arbitral forum, and if they cannot agree, a court of competent jurisdiction will appoint one. The tribunal will consist of one arbitrator. The language of the arbitration will be English.

The seat of arbitration will be Wilmington, Delaware, provided that, for any claimant who is a consumer, any in-person hearing will take place in the county (or comparable locality) of the claimant's residence or another mutually agreed location, and either party may elect to have any hearing conducted by telephone or video conference. For claims of US$25,000 or less, the arbitration will be conducted on the basis of written submissions unless the arbitrator determines a hearing is necessary.

Payment of filing, administration, and arbitrator fees will be governed by the applicable JAMS rules, including the JAMS Consumer Arbitration Minimum Standards where they apply. The arbitrator may award the same individual relief that a court could award, must follow applicable law, and will issue a reasoned written award. The award will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator may award attorneys' fees and costs where authorized by applicable law or the applicable rules, including against a party whose claim or defense the arbitrator finds frivolous or brought for an improper purpose.

18.5 Delegation

The arbitrator, and not any court, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable, except that only a court may decide (a) disputes regarding Section 18.6 (Mass Filings), (b) disputes regarding Section 18.7 (Class Action Waiver), and (c) whether a party has complied with Section 18.1.

18.6 Mass Filings

If 25 or more arbitration demands of a substantially similar nature are filed against Nomos within a 180-day period by or with the assistance of the same law firm, group of law firms, or coordinated counsel (a "Mass Filing"), the following procedures apply notwithstanding anything else in this Section 18:

(a) Staged proceedings. The parties' counsel will each select 10 demands (or, if fewer than 20 total, half of the demands) to proceed first as bellwether arbitrations. All other demands will be held in abeyance, and no filing, administration, or arbitrator fees will be due for held demands, and no held demand may be filed or advanced, until the bellwether arbitrations conclude.

(b) Mediation. If the Mass Filing demands are not resolved after the bellwether arbitrations conclude, the parties will engage in a single mediation covering the remaining demands, with the mediator's fee paid by Nomos.

(c) Remaining claims. If the remaining demands are not resolved through mediation, either party may elect to have those demands resolved in a court of competent jurisdiction consistent with Section 18.13 rather than in arbitration, and the class action waiver in Section 18.7 will continue to apply. Alternatively, the remaining demands will proceed in arbitration in staged batches of no more than 50.

(d) Tolling. Applicable statutes of limitations will be tolled for demands held in abeyance under this Section 18.6 from the date a compliant Notice under Section 18.1 is received until the demand may proceed.

A court of competent jurisdiction will have authority to enforce this Section 18.6 and to enjoin the filing or prosecution of demands in violation of it.

18.7 Class Action Waiver

You and Nomos agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. Relief may be awarded only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.

18.8 Your Right to Opt Out

You may opt out of the arbitration agreement and class action waiver in this Section 18 (other than the informal dispute resolution requirement in Section 18.1 and the jury trial waiver in Section 18.10) by sending written notice to legal@nomos.trade with the subject line "Arbitration Opt-Out" within 30 days of the date you first accept these Terms (or, for existing users, within 30 days of the date this version of the Terms first becomes effective for you). Your notice must include your name, the email address or account identifier associated with your account, your wallet address (if any), and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms and will not affect any prior arbitration agreement between you and Nomos that you did not timely opt out of.

18.9 Severability; Non-Severable Class Waiver

If any portion of this Section 18 is found unenforceable, the remainder will remain in effect, except that: (a) if the class action waiver in Section 18.7 is found unenforceable as to a particular Dispute, then this entire arbitration agreement will be void as to that Dispute, which will proceed in court consistent with Section 18.13, and in no event may any class, collective, or representative proceeding be arbitrated; and (b) if any portion of Section 18.6 is found unenforceable, Disputes subject to a Mass Filing will proceed in court consistent with Section 18.13 rather than in arbitration.

18.10 Jury Trial Waiver

To the fullest extent permitted by law, you and Nomos each waive the right to a trial by jury in any proceeding arising out of or relating to these Terms or the Services that for any reason proceeds in court rather than in arbitration.

18.11 Equitable Relief

Notwithstanding this arbitration agreement, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information or to prevent unauthorized access to or abuse of the Services. You acknowledge that a breach of Section 9 (Acceptable Use) or Section 10 (Intellectual Property) may cause Nomos irreparable harm for which monetary damages would be inadequate, and that Nomos will be entitled to seek injunctive relief for any such breach without the requirement of posting a bond, in addition to any other available remedies.

18.12 Time Limit on Claims

To the fullest extent permitted by applicable law, any Dispute must be filed (in arbitration, small claims court, or court, as applicable under this Section 18) within one (1) year after the Dispute arose or the claim accrued; otherwise, the Dispute or claim is permanently barred. This limitation period is tolled as described in Sections 18.1 and 18.6.

18.13 Governing Law and Forum

These Terms and any Dispute are governed by the laws of the State of Delaware, United States of America, without regard to its conflict of laws principles, except that the arbitration agreement in this Section 18 is governed by the Federal Arbitration Act. For any Dispute that proceeds in court under this Section 18 (other than small claims), you and Nomos consent to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware, unless applicable consumer protection law requires otherwise.

19. Miscellaneous

Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Nomos regarding the Services and supersede any prior agreements between you and Nomos relating to the same subject matter.

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be modified only to the extent necessary to make it valid and enforceable, subject to Section 18.9.

No Waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice.

Relationship of the Parties. You and Nomos are independent contracting parties. Nothing in these Terms creates any partnership, joint venture, agency, franchise, fiduciary, or employment relationship between you and Nomos.

No Third-Party Beneficiaries. These Terms do not confer any rights or remedies on any person other than you and Nomos, except that the Released Parties under Section 5.2 and the Indemnified Parties under Section 17 are intended third-party beneficiaries of those Sections.

Export Controls. You represent that you are not located in, and will not export, re-export, or transfer the Services or any related software to, any jurisdiction or person restricted under U.S. export control or sanctions laws, and that you will comply with all applicable export control and sanctions laws in connection with your use of the Services.

Electronic Communications. You consent to receive communications from us electronically, including by email, through the Services, or by posting to the Site, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You may withdraw this consent by discontinuing use of the Services.

Force Majeure. We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, civil unrest, government action, sanctions, internet or telecommunications outages, blockchain congestion or failure, exchange or wallet provider failure, and labor disputes.

Headings. Headings are for convenience only and do not affect interpretation.

Notices. We may provide notices to you by email, by posting on the Site, or by any other reasonable means. You may provide notices to us at the contact address below or as otherwise specified in these Terms.

20. Contact

For questions about these Terms, reach us through our contact form at nomos.trade/contact or by email at legal@nomos.trade.

Notices of Dispute, arbitration opt-outs, and legal notices must be sent as specified in Sections 13 and 18.