Terms of Service

This version updates the Terms of Service last updated February 3, 2025.

Welcome to Abstract. These Terms govern the Abstract Portal at https://abs.xyz, the Abstract Global Wallet, the bridge interface at https://bridge.abs.xyz, and related websites, account features, interfaces, software development kits (“SDKs”), and tools provided by Cube, Inc., a Delaware corporation (“Cube,” “we,” “our,” or “us”) (collectively, the “Services”). The Services include related participation programs and account activity records administered by Cube (including XP, points, streaks, and badges), and related information, support, operational communications, recordkeeping, and wind-down or discontinuation activities. The Migration Hub is subject to the separate acceptance requirements in Section 17.2. These Terms apply whether you access the Services using the Global Wallet or another supported wallet. Please read on to learn the rules and restrictions that govern your use of the Services and your relationship with Cube, Inc.

Please read these Terms of Service (“Terms”) and our Privacy Policy at https://abs.xyz/privacy-policy, carefully. Subject to Section 17.2, you accept these Terms by selecting the initially unchecked agreement checkbox and confirming acceptance through a process that clearly links these Terms, and acknowledge the Privacy Policy incorporated here by reference. Viewing information, continued use, holding assets, connecting a wallet, or signing a transaction does not by itself accept this version. Public wind-down information remains available without acceptance. If you have not accepted this version, any previously validly agreed terms continue to apply within their scope; posting this version does not itself replace them or impose new obligations. Section 17.2 explains the separate acceptance and priority of the Migration Hub Terms of Service. Accepting these Terms does not accept that separate agreement. Incorporation of the Privacy Policy does not incorporate or constitute acceptance of the other Migration Terms or supply separate privacy consent required by law.

THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 13, SUBJECT TO ITS OPT-OUT AND EXCEPTIONS. DISPUTES REQUIRED TO BE ARBITRATED WILL NOT BE TRIED BEFORE A JUDGE OR JURY. SECTIONS 8, 10, AND 12 EXCLUDE OR LIMIT LIABILITY, INCLUDING FOR SECURITY BREACHES, BLOCKCHAIN AND WALLET LOSSES, LOSS OF ACCESS, AND ASSETS LEFT ON ABSTRACT AFTER DISCONTINUATION. SECTION 13.5 REQUIRES CLAIMS TO BE COMMENCED WITHIN ONE YEAR WHERE PERMITTED BY LAW. PLEASE READ THESE TERMS CAREFULLY.

1. Eligibility

1.1 You must have the legal capacity and authority required by applicable law to accept and comply with these Terms. If you access or use the Services on behalf of a legal entity, (a) references to “you” include that entity, (b) you represent that you are authorized to accept these Terms on its behalf, and (c) the entity is responsible for its use of the Services and compliance with these Terms. Applicable requirements for consent or authorization remain effective.

1.2 Parental authorization and children’s information. If applicable law requires a parent or legal guardian to accept these Terms on your behalf, that person must do so with the authority required by law before you use a feature requiring acceptance. Acceptance on another person’s behalf is effective only to the extent permitted by applicable law and does not replace any additional legal-capacity requirement. We handle personal information relating to minors in accordance with applicable law and the Privacy Policy. Where processing requires verified parental consent, we will obtain it before the processing occurs, unless a lawful exception applies. Acceptance of these Terms does not replace that consent. If we learn that information has been collected without consent required by law, we will take the legally required corrective action. A parent or guardian may contact [email protected] about a child’s information or applicable privacy rights.

1.3 You further represent that your access to and use of the Services is not prohibited by applicable sanctions or other law. Cube may restrict access where reasonably necessary to comply with applicable law or address security risks, subject to mandatory rights and Section 12.5. Contact [email protected] if you believe a restriction is incorrect. A review request does not itself extend a deadline or guarantee access or completion.

1.4 “Cube Parties” means Cube; the Abstract Foundation, a Cayman Islands foundation company (the “Foundation”); the current and former members of the Abstract Protocol Security Council and the current and former trustees, enforcers, authorized representatives, and multisignature signatories under its trust and related governance arrangements (the “Security Council Participants”); their respective current and former affiliates, directors, officers, employees, contractors, and agents; and their respective successors and permitted assigns. Each is covered only in connection with its relevant role in the Services, including their development, marketing, administration, governance, security, operation, and wind-down, and any related Abstract protocol governance, upgrade, security, or wind-down functions connected with the Services. Security Council Participants are covered individually and collectively as the Security Council, in their relevant personal or representative capacities, including claims based on their Council, trustee, enforcer, or signing functions. To the extent permitted by applicable law, these protections also apply where a claim seeks recourse to the property of a relevant trust on the basis of a covered participant’s liability. An independent technology provider is also covered to the extent it performs or performed services on behalf of Cube or the Foundation in a relevant role. These protections do not extend to a provider’s independent services or obligations outside its covered role merely because it is a Security Council Participant or its technology interacts with Abstract. Cube is the contracting party. Identifying another entity or person as a Cube Party does not make it responsible for another party’s obligations, establish an agency relationship, or give Cube control over its powers. The Foundation and Security Council Participants are separate from Cube and are not parties to this contract; Section 17.3 states their beneficiary rights.

2. Intellectual Property Ownership

2.1 Cube and the applicable rights holders and licensors retain their respective rights in the Services, including related software, text, images, trademarks, service marks, and trade names (“Cube Materials”). You acknowledge that Cube Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property registrations and common law, proprietary rights, and other applicable laws.

2.2 Subject to your compliance with these Terms, Cube provides you a limited, personal, non-exclusive, non-transferable, non-assignable, revocable license to use the Services for their intended purposes. This license is effective until terminated. Cube may terminate or suspend portions or features of the Services as provided in Sections 5 and 12, subject to the commitments in Sections 12.7 and 12.8 and mandatory law. This license does not give you ownership rights in the Cube Materials.

3. Privacy

3.1 If you create a Global Wallet account, you use a web browser and an email address or supported digital asset wallet to authenticate through Privy, a third-party authentication provider. The applicable authentication and wallet providers’ terms and privacy policies apply to their services. Privy’s Privacy Policy governs its processing of information collected through privy.io. Our processing of information we receive or access is described in our Privacy Policy. We may access authenticated account information, such as the email or wallet address you use to sign up, through the Privy Dashboard and API. Using another supported wallet with the bridge interface does not, by itself, require creation of a Global Wallet account.

3.2 You choose and authorize transactions using your Global Wallet or another supported wallet connected to the Services. We do not control or exercise investment discretion over your assets. Wallet access and transaction processing depend on the applicable network, smart contracts, authentication services, and other providers. We may receive the address of a wallet you connect to the Services and process related transaction information as described in our Privacy Policy; this does not provide a transaction record storage service for you. Transactions recorded on a public blockchain may be publicly visible, but this does not promise continuing access through an explorer, interface, export tool, or other service. Sections 12.5 and 12.6 describe wind-down dependencies and records. Please refer to our Privacy Policy for information on how we collect, use, and store your information.

4. Prohibited Conduct and Content

4.1 You agree not to engage in any of the following conduct (each a “Prohibited Activity”) with respect to the Services:

(i) Any activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks;

(ii) Any activity that seeks circumvent the Terms or interfere with the Services;

(iii) Any activity to defraud any person or entity, including but not limited to providing any false, inaccurate, or misleading information, including but not limited to in conjunction with unlawfully obtaining the property of another;

(iv) Any activity that violates any applicable law, rule, or regulation concerning the trading of securities, derivatives, or commodities; and

(v) Any activity to violate any other applicable law, contract, intellectual property right or other third-party right or commit a tort.

4.2 If you engage in a Prohibited Activity, Cube may suspend or terminate your access to the affected Services and exercise its other rights or remedies, subject to Sections 10.3, 12.5, and 14.1. Cube will provide any notice required by applicable law.

5. Termination

5.1 Cube may suspend, terminate, deactivate, or delete access to Services it provides, including for a breach of these Terms, infringement of intellectual property rights, Prohibited Activity, security or legal reasons, or discontinuation of a Service. These powers are subject to Sections 12.5, 12.7, and 12.8, express obligations, and mandatory law, including any required notice. They do not permit Cube to withdraw its commitments in Sections 12.7 and 12.8 merely at its discretion. Ending access does not automatically cancel a submitted blockchain transaction or eliminate a provider’s pending completion process.

5.2 Sections 1.4, 2.1, 6 through 10, 12.1 and 12.5 through 12.9, and 13 through 17 survive termination or discontinuation to the extent needed to give effect to their subject matter, subject to Section 17.2 and mandatory law. Survival does not extend access to operational Services; XP record retention continues for the period stated in Section 12.7.

6. Non-Custodial and No Fiduciary Duties

6.1 The Services are designed to be non-custodial: you authorize transactions using your wallet rather than depositing assets into an account maintained by Cube. You are responsible for protecting your wallet credentials and signing devices. Non-custodial design does not ensure continuing access to a wallet, network, provider, or asset; Sections 12.5 and 12.6 address wind-down availability.

6.2 These Terms and the provision of the Services do not create a fiduciary, advisory, agency, partnership, or trust relationship between you and a Cube Party. To the fullest extent permitted by applicable law, no Cube Party assumes or owes fiduciary duties to you in connection with providing the Services, and any such duties that might otherwise be implied in that relationship are disclaimed and excluded. No Cube Party undertakes to manage your assets or act as your adviser merely by providing the Services. This Section does not exclude or limit a duty that cannot lawfully be excluded or limited or an express undertaking under these Terms.

7. Non-Solicitation and No Professional Advice

7.1 You choose and authorize your transactions using the Global Wallet or another supported wallet connected to the Services. Providing the Services does not constitute personalized investment advice or an assessment by a Cube Party of the suitability of a transaction for you.

7.2 Information, tools, quotes, and communications provided by a Cube Party through or in connection with the Services, the Official Channels, or support are for general information and to explain available operations. They are not investment, financial, legal, tax, accounting, or other professional advice, or a recommendation concerning the suitability, purchase, sale, holding, or conversion of an asset. You make your own decisions, do not rely on a Cube Party as your adviser, and are responsible for assessing your circumstances and obtaining independent professional advice as appropriate. Transfers and conversions may have tax consequences. This Section does not prevent you from following official operational instructions or limit an express contractual obligation or a duty that cannot lawfully be excluded.

8. Disclaimers and No Warranties

8.1 EXCEPT FOR EXPRESS OBLIGATIONS IN THESE TERMS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND THE CUBE PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NO CUBE PARTY WARRANTS CONTINUOUS, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE ACCESS; THAT INFORMATION WILL BE ACCURATE, COMPLETE, OR CURRENT; OR THAT THE SERVICES WILL BE FREE OF DEFECTS, VIRUSES, OR OTHER HARMFUL ELEMENTS. NO INFORMATION OR COMMUNICATION CREATES A WARRANTY EXCEPT AN EXPRESS COMMITMENT BINDING ON THE RELEVANT CUBE PARTY. SECTIONS 10.3, 12.5, AND 14.1 APPLY TO THIS SECTION.

8.2 SUBJECT TO SECTIONS 10.3 AND 14.1, AND EXCEPT FOR BREACH OF AN EXPRESS OBLIGATION UNDER THESE TERMS, NO CUBE PARTY IS LIABLE FOR LOSS ARISING OUT OF A SECURITY BREACH, UNAUTHORIZED ACCESS OR ACTIVITY, CYBERATTACK, PHISHING, MALICIOUS CODE, COMPROMISED DEVICE OR CREDENTIAL, SMART-CONTRACT VULNERABILITY, OR LOSS, CORRUPTION, OR UNAUTHORIZED DISCLOSURE OF DATA IN CONNECTION WITH THE SERVICES. THIS EXCLUSION INCLUDES LOSS CAUSED IN WHOLE OR IN PART BY A CUBE PARTY’S OWN ORDINARY NEGLIGENCE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. You acknowledge the inherent risks of online and blockchain services and are responsible for safeguarding your credentials and signing devices, checking the source of communications, and reviewing transactions before authorization. No Cube Party guarantees the prevention of every security incident or recovery of an affected asset.

8.3 SUBJECT TO SECTIONS 10.3 AND 14.1, AND EXCEPT FOR BREACH OF AN EXPRESS OBLIGATION UNDER THESE TERMS, NO CUBE PARTY IS LIABLE FOR LOSS ARISING OUT OF YOUR USE OF A BLOCKCHAIN NETWORK, DIGITAL ASSET WALLET, OR OTHER ELECTRONIC WALLET IN CONNECTION WITH THE SERVICES, INCLUDING INCORRECT TRANSACTION INSTRUCTIONS, AN INCOMPATIBLE OR UNCONTROLLED RECEIVING ADDRESS, LOST OR COMPROMISED CREDENTIALS OR SIGNING DEVICES, CORRUPTED WALLET FILES, SERVER FAILURE OR DATA LOSS, OR A DELAYED, FAILED, DUPLICATED, MISDIRECTED, OR IRREVERSIBLE TRANSACTION. THIS EXCLUSION INCLUDES LOSS CAUSED IN WHOLE OR IN PART BY A CUBE PARTY’S OWN ORDINARY NEGLIGENCE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Review the chain, token, amount, receiving address, approvals, and required completion steps before authorizing a transaction.

8.4 SUBJECT TO SECTIONS 10.3 AND 14.1, AND EXCEPT FOR BREACH OF AN EXPRESS OBLIGATION UNDER THESE TERMS, NO CUBE PARTY IS LIABLE FOR LOSS ARISING OUT OF THE OPERATION, FAILURE, OR FEATURES OF A BLOCKCHAIN NETWORK OR WALLET IN CONNECTION WITH THE SERVICES, INCLUDING CONGESTION, FORKS, CONSENSUS OR NODE FAILURES, UNAVAILABLE AUTHENTICATION, PROTOCOL OR SMART-CONTRACT VULNERABILITIES, INCORRECT OR DELAYED THIRD-PARTY DATA, CHANGES IN ASSET VALUE, OR A DEVELOPER’S OR PROVIDER’S DELAY OR FAILURE TO REPORT AN ISSUE. THIS EXCLUSION INCLUDES LOSS CAUSED IN WHOLE OR IN PART BY A CUBE PARTY’S OWN ORDINARY NEGLIGENCE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. A displayed balance, quote, transaction status, or route does not guarantee value, liquidity, completion, transferability, or recovery. Sections 12.1, 12.5, 12.6, and 12.9 provide additional allocations of responsibility. These exclusions operate independently of other applicable protections; a claim not excluded, including a claim for breach of an express obligation, remains subject to Section 10. Section 17.1 governs their temporal application.

9. Indemnification

9.1 To the extent permitted by applicable law, you will indemnify and hold harmless the Cube Parties against third-party claims, resulting losses and liabilities, and reasonable, documented defense costs to the extent caused by your material breach of these Terms, unlawful conduct, infringement or misappropriation of a third party’s rights, negligence, or misuse of the Services. You will reimburse covered defense costs as reasonably incurred, subject to proportionate allocation and adjustment to reflect the responsibility finally determined or agreed. This obligation does not apply to your own good-faith claim against a Cube Party or to the extent a claim results from a Cube Party’s breach, negligence, or other misconduct.

9.2 The party seeking indemnification must promptly notify you, provide reasonable information, and use commercially reasonable efforts to mitigate costs, without limiting any duty to mitigate under applicable law. Delay in notice reduces the obligation only to the extent it materially prejudices the defense. That party may control the defense with qualified counsel; you will reasonably cooperate and may participate at your expense, subject to applicable conflict-of-interest requirements. No settlement may impose an admission, nonmonetary obligation, or payment on you without your consent, which will not be unreasonably withheld. This Section does not authorize recovery prohibited by consumer law or duplicate recovery of the same expense.

10. Limitation of Liability

10.1 SUBJECT TO SECTION 10.3, NO CUBE PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR SPECULATIVE FUTURE REWARDS, EVEN IF ADVISED OF THEIR POSSIBILITY. THE CAP IN SECTION 10.2 APPLIES TO RECOVERABLE DIRECT LOSSES, INCLUDING ASSET LOSSES, WHERE LAWFUL.

10.2 SUBJECT TO SECTION 10.3, THE TOTAL AGGREGATE LIABILITY OF ALL CUBE PARTIES TO YOU, COLLECTIVELY, FOR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES GOVERNED BY THEM WILL NOT EXCEED THE GREATER OF US$100 OR THE FEES YOU PAID DIRECTLY TO THE CUBE PARTIES FOR THOSE SERVICES DURING THE 12 MONTHS BEFORE THE FIRST EVENT GIVING RISE TO THE CLAIMS. NETWORK AND THIRD-PARTY FEES ARE NOT FEES PAID TO THE CUBE PARTIES. This is one aggregate limit for those claims, not a separate limit per transaction, wallet, service, defendant, or legal theory. Subject to Section 10.3, the cap and damages exclusions apply regardless of the form of action, including contract, tort (including ordinary or gross negligence), statute, strict liability, warranty, restitution, or another theory, to the extent permitted by applicable law.

10.3 Nothing in these Terms prospectively excludes or limits liability for fraud, fraudulent misrepresentation, willful misconduct, death or personal injury caused by negligence where such limitation is prohibited, or any other liability or remedy that cannot lawfully be excluded or limited. The cap and damages exclusions do not apply to liability or remedies preserved by the preceding sentence. Subject to those exceptions, Sections 10.1 and 10.2 apply to claims alleging gross negligence only to the extent applicable law permits the particular limitation. No provision restricts regulatory reporting or relief that applicable law makes nonwaivable. Section 14.1 preserves mandatory consumer protections.

10.4 These provisions allocate risk and do not create insurance or a reimbursement commitment. Express obligations remain binding; damages for their breach remain subject to lawful exclusions and limits in this Section. No limitation transfers ownership of your assets or authorizes their appropriation. Where lawful, amounts recovered for the same loss, including returned assets or provider refunds, reduce recoverable compensatory damages to prevent double recovery. This does not assign claims or override a mandatory rule on damages. The cap, damages exclusions, and other liability limitations operate independently to the extent lawful. The unenforceability or inapplicability of one does not displace another independently enforceable limitation. Their temporal application is governed by Section 17.1.

11. Changes to these Terms

11.1 Cube may update these Terms. Cube will identify the revised version and effective date and provide conspicuous notice of material changes through the Services or the Official Channels identified in Section 12.6, with direct notice where required by applicable law. Material changes require affirmative acceptance before further use of the affected features and apply prospectively. They do not govern a transaction already authorized or a claim based on earlier conduct without a separate valid agreement, and do not revoke an effective arbitration opt-out. A changed date, posting, continued use, or expiration of a deadline does not by itself establish acceptance of material changes. If you decline, Cube may restrict the affected features subject to express obligations, Section 12.5, and mandatory law; public wind-down information remains available. Operational updates, including a factual correction or extension of an exit deadline, do not by themselves require new contractual assent. Acceptance of these Terms or an amendment does not accept the Migration Terms; Section 17.2 governs that separate agreement.

12. Services and Changes to the Services

12.1 The Global Wallet interface and SDK allow users to generate a digital asset wallet upon request. The digital asset wallet generated upon your request (the “Global Wallet”) operates on the Abstract chain. Transfers to another chain require a supported route and a receiving wallet that you control on that destination chain. An Abstract Global Wallet address may not be usable or controlled by you on another chain. SENDING ASSETS TO AN UNSUPPORTED CHAIN OR AN INCOMPATIBLE OR UNCONTROLLED RECEIVING ADDRESS MAY RESULT IN PERMANENT LOSS. Follow the applicable route instructions and verify the destination before authorizing a transfer.

The bridge interface at https://bridge.abs.xyz enables you to access supported bridging, swap, and transfer routes using a supported wallet. You select and authorize the route, approvals, and transaction parameters. Cube provides the interface; underlying networks, smart contracts, liquidity sources, and other providers may process or execute your authorized transaction. A Cube Party does not undertake a provider’s independent obligations merely by making a route available. No Cube Party guarantees an independent provider’s continued availability, performance, security, liquidity, completion, or recovery, or is obliged to replace its services unless expressly undertaken or required by law. Subject to Sections 10.3, 12.5, and 14.1, no Cube Party is liable for loss to the extent caused by the independent acts, omissions, interruption, insolvency, or failure of a provider outside that Cube Party’s own responsibilities. This provider allocation does not itself excuse a Cube Party’s breach of its own express obligations or a duty that cannot lawfully be excluded. Any resulting claim remains subject to the independently applicable exclusions in Section 8 and limitations in Section 10. Before authorizing a transaction, review the assets and networks, receiving address and wallet compatibility, approvals, fees, any conversion, slippage tolerance, minimum received, and required completion steps. Quotes and estimated completion times may change; execution depends on the authorized parameters and network and provider conditions. Network or provider fees may be incurred for failed transactions and may not be refundable. Transfers may be delayed, fail, or become irreversible. Submission or source-chain confirmation does not necessarily complete a transfer; a route may require a waiting period or further destination-chain claim, transaction, or fee. Check transaction status before retrying, as a retry may duplicate a transfer or incur additional fees. Route and service availability are subject to the wind-down provisions in Sections 12.5 and 12.6. Independent providers’ terms govern their separate services; your agreement with Cube is determined under Section 17.2.

12.2 Cube may update, alter, restrict, or stop Services it provides, subject to its express obligations, Sections 12.5, 12.7, and 12.8, and applicable law, including any required notice.

12.3 Except as expressly undertaken or required by applicable law, no Cube Party undertakes ongoing maintenance, updates, or support for the Services. Updates may change technical requirements, and you are responsible for maintaining compatible software and hardware to use available Services.

12.4 SUBJECT TO SECTIONS 10.3 AND 14.1, AND EXCEPT FOR BREACH OF AN EXPRESS OBLIGATION UNDER THESE TERMS, NO CUBE PARTY IS LIABLE FOR LOSS OR HARM ARISING OUT OF YOUR INABILITY TO ACCESS OR USE THE SERVICES, INCLUDING INTERRUPTION, RESTRICTION, SUSPENSION, DISCONTINUATION, OR LOSS OF ACCESS TO A FEATURE, WALLET, NETWORK, OR ASSET. THIS EXCLUSION INCLUDES LOSS CAUSED IN WHOLE OR IN PART BY A CUBE PARTY’S OWN ORDINARY NEGLIGENCE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. No Cube Party is liable solely because a Service or feature is discontinued, restricted, or unavailable in accordance with these Terms. No Cube Party undertakes to maintain a discontinued or unsupported feature or create an alternative service or recovery process except as expressly agreed or required by applicable law. Sections 12.5 through 12.9 govern wind-down arrangements and express commitments. A claim not excluded remains subject to Section 10; Section 17.1 governs this provision’s temporal application.

12.5 Abstract wind-down. Abstract is being wound down. Cube provides the Migration Hub to assist users in moving supported assets. The Migration Hub, the Migration Hub Terms of Service, and the wind-down announcements published through the Official Channels on October 6, 2026 together set out the initial mandatory exit guidelines. Certain protocol upgrade and security functions are exercised through the Abstract Protocol Security Council, subject to the applicable governance arrangements and technical requirements. Operational notices, supported routes, exit deadlines, and support arrangements are published primarily through the Official Channels identified in Section 12.6; not every update will appear on the abs.xyz Portal or the Migration Hub. Deadlines, exit windows, supported routes, and required steps may change, subject to applicable law. Any extension of the Service Discontinuation Date for the Abstract blockchain is subject to the agreement of the relevant infrastructure providers. Cube will provide any notice, including direct notice, required by applicable law. Public wind-down information is available without accepting the Migration Hub Terms of Service. Review the Official Channels and complete each required exit step before its applicable deadline. Submission or source-chain confirmation does not necessarily complete a transfer.

The Service Discontinuation Date for the Abstract blockchain is the date on which normal transaction processing permanently ends as part of the wind-down, as identified through the Official Channels. A temporary interruption is not that date. Other services may have different Service Discontinuation Dates, and route initiation, completion, or claim deadlines may be earlier. WHEN NORMAL TRANSACTION PROCESSING ENDS, ACCESS TO TRANSFER ASSETS REMAINING ON ABSTRACT THROUGH THE DISCONTINUED SERVICES WILL END PERMANENTLY. A withdrawal initiated before a deadline may still require destination-chain steps under its route’s terms. Any supported completion process continuing after chain discontinuation is subject to its disclosed terms and deadline; its availability does not provide a means to initiate a new withdrawal of assets left on Abstract. No post-discontinuation recovery process is promised. A visible explorer balance does not establish transferability or recoverability. Wind-down does not itself transfer ownership of your assets to a Cube Party or create an obligation to reimburse balances, maintain infrastructure indefinitely, or provide a future recovery mechanism, except as expressly undertaken or required by law.

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO SECTIONS 10.3 AND 14.1, NO CUBE PARTY IS LIABLE FOR LOSS ATTRIBUTABLE TO YOUR FAILURE TO COMPLETE THE REQUIRED AVAILABLE EXIT STEPS BY THE APPLICABLE DEADLINE COMMUNICATED IN ACCORDANCE WITH THESE TERMS AND APPLICABLE LAW, INCLUDING LOSS OF TRANSFER ACCESS TO OVERLOOKED ASSETS OR ASSETS LEFT ON ABSTRACT AFTER DISCONTINUATION. This allocation applies after your valid acceptance whether you use the Migration Hub, another route, or neither. It does not treat the absence of an available exit opportunity, a provider interruption, or a Cube Party’s prevention of completion as your failure to act. A Cube Party remains responsible for its own express obligations and duties that cannot lawfully be excluded; any resulting claim remains subject to the independently applicable exclusions in Section 8 and limitations in Section 10. Independent provider failures and events outside reasonable control remain governed by Sections 12.1 and 12.9. This provision does not release a claim based on conduct before your acceptance.

Operational notices published by Cube through the Official Channels supply the dates, supported routes, procedures, availability periods, and other operational details contemplated by these Terms, subject to this Section. These Terms control conflicts concerning contractual rights and obligations. General descriptions, promotional materials, forecasts, and statements of intention do not add contractual guarantees; additional contractual commitments or amendments require a valid agreement under Section 11. This integration provision does not itself excuse inaccurate operational information or noncompliance with a notice required by applicable law. Any resulting claim remains subject to Sections 8 and 10, including the exceptions in Section 10.3. For users who validly accept the Migration Terms, those terms govern as provided in Section 17.2.

12.6 Asset review, records, and contacts. Balances and positions displayed in an interface are not necessarily a complete inventory of your holdings across accounts, wallets, or applications. Review other holdings, including unsupported tokens, NFTs, staked or locked assets, collateral, liquidity positions, and assets held through applications, and follow the relevant route or provider instructions. A migration covers only the assets and amounts you authorize; it does not establish automatic forwarding or migrate later receipts. Stop directing deposits, exchange withdrawals, recurring payments, and other transfers to Abstract in time to complete required exit steps. A displayed deposit or inbound route does not extend an exit deadline or ensure that a return route will remain available. Authentication, signing, recovery, export, explorer, and support functions may end at different times. Follow the separate availability deadlines published through the Official Channels and save transaction and cost-basis records using available tools before they end. The Official Channels are @Abstract_Eco and @AbstractChain on X.com, and Discord at https://discord.gg/abstractchain. Wind-down updates are published primarily through these channels. A replacement or additional channel will be identified through an existing Official Channel; verify the source before following a migration link. The official Migration Hub is https://migration.abs.xyz. The existing bridge interface is https://bridge.abs.xyz; the two interfaces may support different routes and have different availability periods. Migration support is available through that Discord channel; legal notices, disputes, and compliance review requests go to [email protected]; arbitration opt-outs and privacy requests go to [email protected]. Contacting support or requesting review does not itself extend a deadline or guarantee approval, recovery, or completion.

12.7 XP record retention. On your valid acceptance of these Terms, Cube commits to retain the existing XP information associated with your account through the existing recordkeeping process, including an offchain record of that information and its association with your account until six calendar months after the Service Discontinuation Date for the Abstract blockchain. You become entitled to this commitment when you validly accept, whether or not you initiate or complete a migration, use the Migration Hub or another route, or leave assets on Abstract. Cube will maintain the retained record in a reasonably retrievable form. Preserving this record allows your past participation to remain documented and may be useful if an independent project chooses to recognize that participation under its own program. Any sharing or verification would be subject to applicable law, the Privacy Policy, and appropriate arrangements. Cube does not promise that any third party will receive access to the record, offer a program, or grant eligibility, rewards, or other benefits.

The commitment concerns record retention only; it does not require continued display of XP, access through a portal or other user interface, or continued blockchain or migration operations, and does not create a right to a token, airdrop, reward, or redemption of XP. Cube may fulfill this commitment through a recordkeeping provider acting on Cube’s behalf, without reducing the commitment or relieving Cube of its obligations. Closure of the chain, termination of access, or replacement of these Terms does not shorten the retention period. Cube may delete the record earlier only to the extent required by applicable law, a valid deletion request that Cube is required to honor, or a binding privacy commitment concerning previously collected information. Retention after the stated period, if any, is governed by the Privacy Policy and applicable law. If this commitment is carried forward into the Migration Terms or another valid replacement agreement, it remains the same commitment and period; repeated acceptance does not restart the period or create a duplicate benefit.

12.8 Wind-down information and support. During the applicable wind-down support availability periods published through the Official Channels, Cube will use commercially reasonable efforts to provide available information and assistance through those channels, including the existing Discord support channel, in response to questions about supported exit routes, required steps, and pending or failed transactions. Cube will use commercially reasonable efforts to coordinate with relevant providers where appropriate to address an accepting user’s reported migration issue. If an interruption materially prevents available exits during a published window, Cube will assess a practicable extension or alternative supported process with the relevant providers and, where necessary, Security Council Participants. This commitment is available to you on acceptance whether or not you initiate or complete a migration, use the Migration Hub, or leave assets on Abstract. Cube may make reasonable operational adjustments and restrict unsafe or unlawful activity, subject to this commitment, Section 12.5, and applicable law; it will not withdraw the commitment merely because you do not migrate. An extension, alternative route, completion, recovery, or reimbursement depends on technical feasibility, applicable law, and relevant provider or governance decisions and is not guaranteed unless expressly undertaken. The commitment does not require continuing blockchain operation, developing a new recovery mechanism, obtaining replacement services at materially disproportionate cost, or providing support indefinitely. Events outside reasonable control are governed by Section 12.9; liability remains subject to Section 10. These Terms do not themselves oblige any provider or Security Council Participant to provide an extension or alternative process.

12.9 Events outside reasonable control. Subject to Sections 10.3 and 14.1, no Cube Party is liable for delay, interruption, degradation, unavailability, or failure of performance to the extent caused by an event or circumstance beyond that party’s reasonable control, whether or not foreseeable. Covered events include natural disasters, severe weather, fire, epidemic or pandemic; war, terrorism, civil unrest, strikes, or other labor disruption; governmental or regulatory action, sanctions, embargoes, court orders, or changes in law; failures or shortages of power, telecommunications, internet, cloud, hosting, or other infrastructure; cyberattacks, denial-of-service attacks, malicious code, or unauthorized third-party interference; blockchain congestion, forks, consensus failures, protocol vulnerabilities, or network attacks; and failures, interruptions, withdrawal of service, or unavailability of independent technology providers, sequencers, validators, bridges, wallets, exchanges, or other dependencies. Each listed event qualifies only to the extent beyond the affected Cube Party’s reasonable control. A failure of an affiliate or contractor does not qualify merely because performance was delegated.

The affected Cube Party may suspend or restrict affected performance, and its time for performance is extended for the event’s duration and the time reasonably needed for safe restoration, subject to Section 12.5 and mandatory law. It will use commercially reasonable efforts to mitigate the effects. Those efforts do not require compromising security, violating law, settling a labor dispute, challenging governmental action, or obtaining replacement services at materially disproportionate cost. It will provide any notice required by applicable law. If performance becomes unlawful or cannot reasonably be restored, the affected Services may be discontinued under Section 12.5. This Section does not excuse an accrued payment obligation, shorten or cancel the XP record-retention commitment in Section 12.7, transfer ownership of user assets, or displace a nonwaivable right or duty. The planned wind-down, a party’s own shortage of funds, or a mere decline in profitability is not itself a force-majeure event. An otherwise qualifying event affecting implementation of the wind-down remains covered. Any change to a user action deadline remains subject to Section 12.5 and applicable law; an extension of a Cube Party’s performance time does not itself extend a blockchain or third-party deadline.

13. Dispute Resolution and Binding Arbitration

13.1 Scope. This Section applies to all users who validly accept these Terms, subject to Section 13.6 and mandatory law. “Dispute” means a dispute between you and a Cube Party arising out of or relating to these Terms, the Services, the wind-down of Abstract or the Services, related operational notices or instructions, or the formation, interpretation, performance, validity, or enforcement of these Terms. A Dispute may arise in contract, tort, statute, or otherwise. Claims based on conduct before your first valid acceptance of this version are “Earlier Claims,” whether those claims accrue before or after acceptance. Section 13.6 preserves previously valid dispute-procedure provisions applicable to Earlier Claims; to the extent no preserved earlier provision governs, this Section applies, subject to its opt-out and mandatory law. Applying a dispute procedure does not release an existing claim or alter its substantive treatment under Section 17.1. This Section does not extend to unrelated transactions or relationships merely because a Cube Party is involved. A Cube Party invoking this Section accepts its reciprocal obligations for the Dispute, including its applicable payment obligations under Section 13.4.

13.2 Individual proceedings. SUBJECT TO SECTIONS 13.1 AND 13.6 AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND EACH RELEVANT CUBE PARTY AGREE THAT EVERY DISPUTE WILL BE BROUGHT AND RESOLVED SOLELY ON AN INDIVIDUAL BASIS, WHETHER IN ARBITRATION OR COURT. EACH WAIVES THE RIGHT TO BRING, MAINTAIN, PARTICIPATE IN, OR SEEK RELIEF THROUGH A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR ARBITRATION AS A REPRESENTATIVE, CLASS MEMBER, OR OTHERWISE. No arbitrator may conduct class, collective, or representative arbitration or determine the claims of persons not parties to the individual arbitration. Claims of different users may not be joined or consolidated for a determination on the merits without the affected parties’ express written agreement. Except for nonwaivable public injunctive relief under Section 13.7, relief may be awarded only to the individual party seeking it and as necessary to resolve that party’s individual claim. This waiver applies independently of whether a Dispute is arbitrated, subject to an effective opt-out under Section 13.6. It does not restrict government enforcement, regulatory reporting or cooperation, or participation or relief rights that cannot lawfully be waived. Coordinated individual demands remain subject to the applicable AAA Mass Arbitration Supplementary Rules and fee schedules; administrative coordination does not authorize class arbitration, consolidate merits without agreement, or bind a claimant to another claimant’s merits record or award.

13.3 Informal resolution and arbitration. Before initiating arbitration, the claimant will send written notice with their name, contact details, relevant account or wallet, a brief statement of facts, and relief sought. Notices to a Cube Party must be sent to [email protected]; a Cube Party will use your last available contact address. Do not include private keys or recovery secrets. The parties will try in good faith to resolve the Dispute for 30 days after receipt. Applicable limitation periods are tolled from receipt until that period ends. Either party may file sooner to preserve a nonwaivable right or seek relief permitted below. This procedure does not limit an eligible small-claims filing or contact with a regulator.

Except as provided in this Section, you and the relevant Cube Party agree to binding individual arbitration before one neutral arbitrator administered by the American Arbitration Association (“AAA”), including its International Centre for Dispute Resolution (“ICDR”) where designated by AAA. FOR DISPUTES REQUIRED TO BE ARBITRATED UNDER THIS SECTION, YOU AND THE RELEVANT CUBE PARTY WAIVE THE RIGHT TO A TRIAL BEFORE A JUDGE OR JURY. The Federal Arbitration Act governs to the extent applicable, subject to mandatory law. The AAA Consumer Arbitration Rules and consumer fee schedule apply to consumer disputes, including international consumer disputes; the AAA Commercial Arbitration Rules apply to domestic nonconsumer disputes; and the ICDR International Arbitration Rules apply to international nonconsumer disputes. The applicable rules in effect when the demand is filed govern, subject to nonwaivable rights. Rules and forms are available at https://www.adr.org/rules-forms-and-fees/consumer/ and https://www.adr.org/rules-forms-and-fees/international/. If the administrator requires other rules for an international consumer case, this Section’s consumer protections and cost allocations continue to apply. The arbitrator may award individual relief available in court, subject to lawful contractual limitations, and will provide a reasoned written award.

Either party may bring an eligible individual claim in small-claims court, seek temporary judicial relief needed to preserve the status quo pending arbitration, or seek injunctive or other equitable relief for alleged infringement or misappropriation of intellectual property. Nothing prevents a report to or participation in proceedings before a government agency. A court decides whether an arbitration agreement was formed, whether an opt-out is effective, which of conflicting agreements governs, and whether the class waiver or public-injunction provisions are enforceable. Subject to those exceptions and applicable law, the arbitrator decides the scope and enforceability of the arbitration agreement. Statutory exclusions from compelled arbitration remain effective.

On a party’s request, the arbitrator may enter appropriate protective orders for trade secrets, security-sensitive information, personal information, and other confidential material disclosed in the proceeding. This does not prohibit lawful reporting or cooperation with a regulator, disclosures required by law, obtaining professional advice, or disclosure reasonably necessary to pursue or defend a claim or enforce an award, subject to applicable protective orders.

13.4 Location, language, and costs. A consumer may elect a documents-only or remote hearing where permitted by the applicable rules; a required in-person hearing will be at a reasonably convenient location in the consumer’s country of habitual residence unless the consumer agrees otherwise after the Dispute arises. The legal seat is Miami, Miami-Dade County, Florida, United States, unless mandatory law or applicable consumer rules require otherwise or the parties agree otherwise. Hearing location does not itself change the legal seat. Nonconsumer hearings will be at the seat unless otherwise agreed. Proceedings will be in English, subject to any accommodation required by law or directed by the administrator or arbitrator to ensure a fair opportunity to participate.

A consumer initiating arbitration pays no more than the applicable AAA consumer filing fee, subject to waivers; the relevant Cube Party pays any additional amount necessary to avoid prohibitive costs or comply with mandatory law, and the remaining administrative fees and arbitrator compensation required of the business. A Cube Party initiating arbitration against a consumer pays all administrative fees and arbitrator compensation. For a nonconsumer arbitration you initiate, you pay the initiation and arbitrator appointment fees, and the relevant Cube Party pays the remaining administrator fees and costs, subject to applicable rules and law. For other arbitration initiated by a Cube Party, that Cube Party pays the administrator fees and arbitrator compensation. A Cube Party invoking this Section accepts its applicable payment obligations. The applicable rules and law govern allocation of required business-side fees among multiple Cube Parties; the allocation does not require duplicate payment or increase the consumer’s permitted share. Except as required by applicable law, Cube does not undertake another Cube Party’s payment obligations solely because that person is a protected beneficiary. Other fees and any award of attorneys’ fees are governed by applicable rules and law. No provision removes a nonwaivable right to recover fees or requires costs that would make this agreement unenforceable. Section 14 governs courts with jurisdiction over permitted judicial proceedings, including enforcement or review of an award.

13.5 Time to bring claims. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND EACH CUBE PARTY MUST COMMENCE A CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WITHIN ONE YEAR AFTER THE CLAIM ACCRUES; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED. A claim is commenced by filing an arbitration demand or court proceeding in the appropriate forum. Applicable accrual rules, legally required tolling, and tolling during informal resolution under Section 13.3 remain effective; notice alone does not commence a proceeding. The one-year period does not apply to fraud, fraudulent misrepresentation, or willful misconduct; death or personal-injury claims where shortening is prohibited; or wherever applicable law prohibits shortening the statutory period, including where Florida Statutes Section 95.03 applies. The applicable statutory period then governs. For other claims, including gross negligence, contractual shortening applies only where lawful. This provision applies whether a claim proceeds in court or arbitration and remains effective if you opt out under Section 13.6. A Cube Party invoking it accepts its reciprocal application. It does not shorten the period applicable to a claim based on conduct before acceptance of this version. This Section does not extend an otherwise applicable limitation or claim-presentation period, revive a barred claim, or displace a claims bar validly established under applicable law.

13.6 Opt-out and earlier agreements. You may opt out of the new arbitration agreement and class waiver in this Section by emailing written notice to [email protected] within 30 days after first affirmatively accepting this version of these Terms. Include your name, account email or relevant wallet address, a contact address, and a clear statement that you opt out. A timely and otherwise valid notice does not depend on an acknowledgment. Opting out does not affect service eligibility or other terms, including Sections 12.7 and 13.5.

Your acceptance of, or opt-out from, this Section does not replace or extinguish previously valid arbitration, class-waiver, or other dispute-procedure provisions applicable to Earlier Claims. Those provisions remain effective only within their original lawful scope, including any previously effective opt-out. This preservation does not create an agreement that was not validly formed, expand an earlier provision, or revive a provision that previously expired or was validly terminated or superseded. To the extent no preserved earlier provision governs an Earlier Claim, this Section applies, subject to a timely opt-out and mandatory law.

For claims based on conduct after acceptance, this Section replaces earlier dispute-procedure provisions within its scope, subject to prior effective opt-outs and mandatory law; opting out does not revive those superseded provisions. Section 14 governs permitted court proceedings to the extent no preserved earlier provision governs. A later amendment does not revoke an effective opt-out. Material changes require notice and affirmative acceptance under Section 11 and any additional procedure required by law. This opt-out procedure is separate from the procedure for the Migration Terms if you later accept that agreement; Section 17.2 governs the effect of that later agreement.

13.7 Public relief and severability. If applicable law prevents arbitration of a request for public injunctive relief, that request may proceed in a competent court while arbitrable issues proceed individually. A court may stay claims only as permitted by applicable law. An unenforceable provision of this Section is severed to the extent permitted, and the remainder continues. If the class waiver cannot be enforced for a claim or remedy, that claim or remedy will proceed in court, not class arbitration. Nothing requires dismissal of an otherwise valid claim merely because AAA is unavailable. If AAA cannot administer for reasons unrelated to a Cube Party’s noncompliance, the parties may agree on another administrator or seek appointment under the Federal Arbitration Act; mandatory consumer standards must be preserved. If administration fails because a Cube Party does not comply with administrator requirements or pay required fees, you may pursue the Dispute in court as permitted by applicable rules and law.

14. Governing Law and Venue

14.1 Subject to the Federal Arbitration Act and mandatory law, Delaware law governs these Terms, without applying conflict-of-law rules that would select another jurisdiction’s law. Subject to Section 13 and mandatory law, disputes governed by these Terms that are not arbitrated will be brought in the state courts located in Miami, Miami-Dade County, Florida, or the United States District Court for the Southern District of Florida, Miami Division, and each party consents to personal jurisdiction there. Permitted small-claims proceedings may be brought in a court with appropriate jurisdiction. Nothing deprives a consumer of protections, guarantees, remedies, or access to courts that cannot be waived under applicable law, including mandatory protections of the consumer’s habitual residence where applicable. If applicable law permits proceedings in a consumer’s home courts notwithstanding an arbitration agreement, the consumer may bring them there; if it requires proceedings against the consumer there, the relevant Cube Party will comply. Law, forum, arbitration, class waivers, disclaimers, limitations, indemnities, and other provisions operate subject to those protections. Mandatory privacy rights remain effective.

15. Severability

15.1 If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

16. Feedback

16.1 You may voluntarily post, submit or otherwise communicate to us, including through third party channels (e.g., Discord), any questions, comments, suggestions, ideas, original or creative materials or other information about the Services (collectively, “Feedback”). By posting or submitting any Feedback to us, you hereby irrevocably grant to Cube, Inc. a worldwide, perpetual, irrevocable, royalty-free, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Feedback (in whole or in part) in any media and to incorporate the Feedback into other works in any format or medium now known or later developed. You understand that we may treat Feedback as public and not confidential. This Section does not authorize public disclosure of private support requests, legal notices, arbitration opt-outs, or privacy requests. Personal information remains subject to the Privacy Policy and applicable law.

17. Miscellaneous

17.1 Entire agreement and scope. In exchange for your acceptance and commitments under these Terms, Cube grants the license in Section 2.2, makes the XP record-retention commitment in Section 12.7, and undertakes its other express obligations, including its reciprocal dispute-resolution commitments. The Section 12.7 commitment is available to you whether or not you migrate or use the Migration Hub. These Terms reflect the entire agreement between you and Cube relating to their subject matter and replace earlier agreements, representations, statements, and understandings within that scope upon valid acceptance, subject to Sections 13.6 and 17.2 and mandatory law. They do not replace another entity’s agreement without its valid authorization. Replacement does not itself extinguish an accrued claim or obligation, revive a time-barred claim, or waive an available defense. Claims based on conduct before acceptance remain subject to applicable law and the substantive terms, if any, governing that conduct, whether the claims accrue before or after acceptance; available defenses remain preserved. Section 13 governs dispute procedure, subject to the preservation of earlier dispute-procedure provisions for Earlier Claims under Section 13.6. Earlier provisions remain relevant only for those earlier matters or as mandatory law requires, rather than as a separate agreement governing conduct concerning the Services after acceptance, including their discontinuation. A failure by Cube to exercise or enforce a provision is not a waiver. Section titles are for convenience only. “Including” means “including without limitation.” Communications and transactions may be conducted electronically to the extent lawful; this does not replace separate consent procedures required by applicable law.

17.2 Migration Hub Terms of Service. The Migration Hub Terms of Service (the “Migration Terms”) require their own affirmative acceptance through a process that clearly identifies and links that agreement, whether offered on the existing abs.xyz Portal or the Migration Hub. Accepting these Terms, viewing information, using the Portal or bridge, holding assets, connecting a wallet, or signing a transaction does not by itself accept the Migration Terms. The limited waiver in Section 5.8 of the Migration Terms concerns actual or attempted use of the Migration Hub’s migration functions after valid acceptance, within its stated scope and exceptions; Portal or bridge use alone does not trigger that waiver. The exclusions and limitations in these Terms apply independently within their own stated scope.

Upon your valid acceptance, the Migration Terms become the sole governing agreement between you and Cube for their defined Covered Services after that acceptance, including the Global Wallet, Abstract Portal, bridge interface at https://bridge.abs.xyz, and related Cube-operated services. They replace these Terms for that relationship notwithstanding Sections 5.2, 11.1, and 17.1, subject to the treatment of earlier matters stated here. The XP record-retention commitment already undertaken under Section 12.7 carries forward under Section 7.3 of the Migration Terms as the same commitment, without restarting its period or creating a duplicate benefit. Later use or acceptance of these Terms does not reinstate them within that scope unless a separate valid agreement expressly replaces the Migration Terms. Claims based on earlier conduct remain subject to the applicable substantive terms and defenses governing that conduct, as also addressed in Section 1.4 of the Migration Terms. Replacement of these Terms does not by itself extinguish the dispute-procedure provisions preserved for Earlier Claims under Section 13.6. A later agreement changing that preservation must expressly identify and address it and must be validly accepted. For matters not governed by the preserved earlier provisions, Section 17 of the Migration Terms governs dispute procedure within its scope. Earlier effective opt-outs remain effective within their applicable scope. Supersession does not itself release an existing claim; an opt-out does not revive a provision that has been validly superseded.

Users who have not validly accepted the Migration Terms remain governed by these Terms or earlier terms only to the extent validly agreed and applicable. The Privacy Policy available at https://abs.xyz/privacy-policy applies to processing within its scope from its effective date, subject to applicable notice and consent requirements. It is the same Privacy Policy reproduced in the Migration Terms; making it available separately does not incorporate or constitute acceptance of the other Migration Terms. Applicable privacy rights and binding commitments concerning previously collected information remain effective, including any binding deletion commitment in an earlier version of Section 1.2 for information collected while that commitment applied. Acknowledging a Privacy Policy does not supply separate consent required by law.

17.3 Protected beneficiaries. The Cube Parties are intended third-party beneficiaries of Sections 1.4, 5.2, 6 through 10, 12, 13, 14, 15, and this Section 17 only to the extent those provisions apply to their relevant conduct and capacities identified in Section 1.4. A beneficiary enforcing Section 13 accepts its reciprocal obligations, including its applicable payment obligations under Section 13.4, subject to its opt-out provisions, the preservation of Earlier Claims procedures under Section 13.6, and mandatory law. These rights do not make a beneficiary a contracting service provider, enlarge the user’s obligations beyond these Terms, or impose liability for another user’s acts. There are no other intended third-party beneficiaries.

17.4 Efforts standard. Where these Terms expressly require a Cube Party to use “commercially reasonable efforts,” this means efforts reasonably proportionate to the stated task, assessed objectively in light of its scope and duration, the stage of the wind-down, technical feasibility, security and legal requirements, dependencies outside that party’s control, and the cost and operational burden of the available measures. The standard does not require a guaranteed outcome, guaranteed independent-provider performance, materially disproportionate expenditure, or development or continued operation of services beyond an express commitment. It does not qualify an obligation that is not expressly subject to that standard or excuse a Cube Party’s own breach. Required notices, the XP record-retention commitment in Section 12.7, and duties that cannot lawfully be limited remain unaffected.