Terms of Service

We’re excited you’re interested in Hyperlane, a cross-chain messaging protocol. While we do not control Hyperlane, these Terms of Service (“Terms”) constitute a legally binding contract made between you and Abacus Works, Inc. (“Company,” “we,” or “us”) that governs your access to and use of the Hyperlane Bridge Interface (the “Bridge”). By using the Bridge in any way, you agree to be bound by these Terms. If you do not accept the terms and conditions of these Terms, you are not permitted to access or otherwise use the Bridge.

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BEFORE WE INCLUDE ANY OTHER DETAILS, WE WANT TO GIVE YOU NOTICE OF SOMETHING UP FRONT: BY AGREEING TO THESE TERMS, YOU AND WE AGREE TO RESOLVE ANY DISPUTES WE MAY HAVE WITH EACH OTHER VIA BINDING ARBITRATION OR IN SMALL CLAIMS COURT (INSTEAD OF A COURT OF GENERAL JURISDICTION), AND YOU AGREE TO DO SO AS AN INDIVIDUAL (INSTEAD OF, FOR EXAMPLE, AS A REPRESENTATIVE OR MEMBER OF A CLASS IN A CLASS ACTION). TO THE EXTENT THAT THE LAW ALLOWS, YOU ALSO WAIVE YOUR RIGHT TO A TRIAL BY JURY.

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1. Hyperlane

‍Hyperlane (“Hyperlane”) is a cross-chain messaging protocol that enables secure communication and interoperability between different blockchain networks. Hyperlane includes protocol smart contracts that allow you to “bridge” (i.e., lock assets on one blockchain protocol and replicate them on another protocol) digital assets between and/or Hyperlane (“Bridging Smart Contracts”). We do not control what third parties may build on Hyperlane, the activity of such parties, any user transacting on Hyperlane, or any data stored on Hyperlane itself, and We do not take possession, custody, or control over any virtual currency or other digital asset on Hyperlane, unless expressly stated in a written contract signed by Us. You acknowledge and agree that We make no representations or warranties with respect to Hyperlane, and that, if you use Hyperlane, you do so at your own risk.

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2. Who May Use the Bridge

‍You may only use the Bridge if you are legally capable of forming a binding contract with the Company in your respective jurisdiction which may require your parent's consent if you’re not the legal age of majority (which in many jurisdictions is 18), and not barred from using the Bridge under the laws of any applicable jurisdiction, for example, that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals and are not located or organized in a U.S. sanctioned jurisdiction. If you are using the Bridge on behalf of an entity or other organization, you agree to these Terms for that entity or organization and represent to the Company that you have the authority to bind that entity or organization to these Terms.

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3. Rights We Grant You

As between you and us, the Company is the owner of the Bridge, including all related intellectual property rights and proprietary content, information, material, software, images, text, graphics, illustrations, logos, trademarks (including the Hyperlane logo, the Hyperlane name and any other Hyperlane or Hyperlane marks), service marks, copyrights, photographs, audio, video, music, and the “look and feel” of the Bridge. We hereby permit you to use and access the Bridge, provided that you comply with these Terms. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Bridge, we hereby grant you a non-sublicensable, non-transferable, and non-exclusive right and license to execute, access and display such software, content and materials provided to you as part of the Bridge, in each case for the sole purpose of enabling you to use the Bridge as permitted by these Terms.

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4. Accessing the Bridge

To access the Bridge you must connect a compatible cryptocurrency wallet software (“Wallet”). Your relationship with any given Wallet provider is governed by the applicable terms of that Wallet provider, not these Terms. You are responsible for maintaining the confidentiality of any private key controlled by your Wallet and are fully responsible for any and all messages or conduct signed with your private key. We accept no responsibility or liability to you in connection with your use of a Wallet, and make no representations and warranties regarding how the Bridge will operate or be compatible with any specific Wallet. We reserve the right, in our sole discretion, to prohibit certain Wallet addresses from being able to use or engage in transactions via the Bridge. As between you and the Company, you retain ownership and all intellectual property rights to the content and materials you submit to the Bridge. But, you grant us a limited, non-exclusive, worldwide, royalty-free license to use your content solely for the purpose of operating the Bridge for so long as we operate the Bridge. To avoid any doubt, this license does not allow us to use your intellectual property beyond operating the Bridge (e.g., in advertisements).

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5. The Bridge

The Company offers the following:

• Bridge Interface: The Bridge Interface is a web application and graphical user display operated by Hyperlane and located at usenexus.org, as well as inevmbridge.com, bridge.inevm.com, nautilusbridge.com, renzo.hyperlane.xyz, and app.hyperlane.xyz. The Bridge Interface will not have access to your private key at any point.
• Explorer: The Explorer interface is a web application and graphical user display operated by Hyperlane and located at explorer.hyperlane.xyz - it assists users in searching transactions conducted within the Bridge Interface.

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6. Acceptable Use

You agree that you will not use the Bridge in any manner or for any purpose other than as expressly permitted by these Terms. That means, among other things, you will not use the Bridge to do or encourage any of the following:

• Infringe or violate the intellectual property rights or any other rights of anyone else (including the Company) or attempt to decompile, disassemble, or reverse engineer the Bridge;
• Violate any applicable law or regulation, including without limitation, any applicable anti-money laundering laws, anti-terrorism laws, export control laws, end user restrictions, privacy laws or economic sanctions laws/regulations, including those administered by the U.S. Department of Treasury’s Office of Foreign Assets Control;
• Use the Bridge in a way that is dangerous, harmful, fraudulent, misleading, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• Violate, compromise, or interfere with the security, integrity, or availability of any computer, network, or technology associated with the Bridge, including using the Bridge in a manner that constitutes excessive or abusive usage, attempts to disrupt, attack, or interfere with other users, or otherwise impacts the stability of the Bridge.
• Use any Company brands, logos, or trademarks (or any brands, logos, or trademarks that are confusingly similar) without our express prior written approval, which we may withhold at our discretion for any reason.

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7. Release and Assumption of Risk

By using the Bridge you represent that you understand there are risks inherent in using cryptographic and public blockchain systems, including, but not limited, to the Bridge and digital assets such as Bitcoin (BTC) and Ether (ETH). You expressly agree that you assume all risks in connection with your access and use of the Bridge. That means, among other things, you understand and acknowledge that:

• The Bridge may be subject to cyberattacks and exploits, which could result in the irrevocable loss or reduction in value of your digital assets or in additional copies of your digital assets being created or bridged without your consent.
• If you lose your Wallet seed phrase, private keys, or password, you might permanently be unable to access your digital assets. You bear sole responsibility for safeguarding and ensuring the security of your Wallet.

You further expressly waive and release the Company, its parents, affiliates, related companies, their officers, directors, members, employees, consultants, representatives, agents, partners, licensors, and each of their respective successors and assigns from any and all liability, claims, causes of action, or damages arising from or in any way related to your use of the Bridge. Also, to the extent applicable, you shall and hereby do waive the benefits and protections of California Civil Code § 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.”

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8. Interactions with Other Users

You are responsible for your interactions with other users on or through the Bridge. While we reserve the right to monitor interactions between users, we are not obligated to do so, and we cannot be held liable for your interactions with other users, or for any user’s actions or inactions. If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

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9. Feedback

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Bridge, provided by you to the Company, are non-confidential and the Company will be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

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10. Privacy

For more information regarding our collection, use, and disclosure of personal data and certain other data, please see our Privacy Policy. The processing of personal data by the Company as a processor will be subject to any data processing agreement that you enter into with the Company.

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11. Third-Party Bridge

The Bridge may use source code or provide access to Bridges, sites, technology, applications, and resources that are provided or otherwise made available by third parties (“Third-Party Bridge”). Your access and use of Third-Party Bridge may also be subject to additional terms and conditions, privacy policies, or other agreements with such third parties. The Company has no control over and is not responsible for such Third-Party Bridge, including for the accuracy, availability, reliability, or completeness of information or content shared by or available through Third-Party Bridge, or on the privacy practices of Third-Party Bridge. We encourage you to review the privacy policies of Third-Party Bridge prior to using such Bridge. You, and not the Company, will be responsible for any and all costs and charges associated with your use of any Third-Party Bridge. The integration or inclusion of such Third-Party Bridge does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Bridge — including if a Third-Party Service may have infringed your intellectual property rights — are between you and the third party. The Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Bridge.

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12. Indemnification

To the fullest extent permitted by applicable laws, you will indemnify and hold the Company harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Bridge, (b) your violation of these Terms, or (c) your negligence or willful misconduct. If you are obligated to indemnify the Company hereunder, then you agree that the Company (or, at its discretion, the applicable Hyperlane Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether the Company wishes to settle, and if so, on what terms, and you agree to fully cooperate with the Company in the defense or settlement of such claim.

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13. Warranty Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BRIDGE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT (I) ACCESS TO THE BRIDGE WILL BE CONTINUOUS, UNINTERRUPTED, OR TIMELY; (II) THE BRIDGE WILL BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER BRIDGE, INCLUDING ANY WALLETS; (III) THE BRIDGE WILL BE SECURE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE; (IV) THE BRIDGE WILL PREVENT ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA; OR (V) THAT THE BRIDGE WILL PROTECT YOUR ASSETS FROM THEFT, HACKING, CYBER ATTACK, OR OTHER FORM OF LOSS OR DEVALUATION CAUSED BY THIRD-PARTY CONDUCT.

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14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE BRIDGE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, INTELLECTUAL PROPERTY INFRINGEMENT, OR THE COST OF SUBSTITUTE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE BRIDGE WHETHER ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

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TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE BRIDGE EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO THE COMPANY FOR USE OF THE BRIDGE OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS HIGHER.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF YOUR STATE OF RESIDENCE, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

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15. Changes to Terms

We reserve the right, in our sole discretion, to change these Terms at any time and your continued use of the Bridge after the date any such changes become effective constitutes your acceptance of the new Terms. You should periodically visit this page to review the current Terms so you are aware of any revisions. If you do not agree to abide by these or any future Terms, you are not permitted to access, browse, or use (or continue to access, browse, or use) the Bridge.

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16. Notice

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be posted online, in the Bridge, or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with your use of the Bridge.

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17. Entire Agreement

These Terms and any other documents incorporated by reference comprise the entire understanding and agreement between you and the Company as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of these Terms), between you and the Company. Section headings in these Terms are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms.

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18. Assignment

We reserve the right to assign our rights without restriction, including without limitation to any of the Company’s affiliates or subsidiaries, or to any successor in interest of any business associated with the Bridge. In the event that the Company is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. You may not assign any rights and/or licenses granted under these Terms. Any attempted transfer or assignment by you in violation hereof shall be null and void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

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19. Severability

If any provision of these Terms is determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.

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20. Termination; Survival

We may suspend or terminate your access to and use of the Bridge at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation, or cancellation of the Bridge, the following Sections 6 - 25 will survive.

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21. Governing Law

You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any Dispute, except to the extent governed by federal law.

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22. Force Majeure

We shall not be liable for delays, failure in performance, or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet Bridge or network provider Bridge, failure of equipment and/or software, pandemic, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

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23. Non-Waiver of Rights

These Terms shall not be construed to waive rights that cannot be waived under applicable laws, including applicable state money transmission laws in the state where you are located. In addition, our failure to insist upon or enforce strict performance by you of any provision of these Terms or to exercise any right under these Terms will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in that or any other instance.

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24. Relationship of the Parties

The Company is an independent contractor for all purposes. Nothing in these Terms is intended to or shall operate to create a partnership or joint venture between you and the Company, or authorize you to act as agent of the Company.

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25. Dispute Resolution, Arbitration Agreement, Class Action Waiver, And Jury Trial Waiver

If you have a dispute with us, you agree to first contact our Support via email at jon@hyperlane.xyz.

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26. Disputes with Users Who Reside in the United States or Canada

If you reside in the United States or Canada, and if you have a dispute with us or if we have a dispute with you, the dispute shall be resolved through binding arbitration or in small claims court. As an illustration only, the following is a summary of some of the terms of the Arbitration Agreement:

• Individual Resolution: Disputes will be resolved individually (in other words, you are waiving your right to proceed against the Company in a class action). However, if you or we bring a coordinated group of arbitration demands with other claimants, you and we agree that the American Arbitration Association (AAA) must batch your or our arbitration demand with up to 100 other claimants to increase the efficiency and resolution of such claims.
• Court-Only Disputes: Certain disputes must be decided before a court, including:
  • Any claim that the class action waiver is unenforceable.
  • Any dispute about the payment of arbitration fees.
  • Any dispute about whether you have completed the prerequisites to arbitration (such as exhausting the support and Formal Complaint processes).
  • Any dispute about which version of the Arbitration Agreement applies.
  • Court Orders: In the event that a dispute is filed with a court that does not fall into one of the above four categories, either you or Hyperlane may move to compel the court to order arbitration. If the court issues an order compelling arbitration, the prevailing party on the motion to compel may recover its reasonable attorneys’ fees and costs.

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Disputes with Users Who Reside Outside the United States and Canada

If you do not reside in the United States or Canada, the Arbitration Agreement in Appendix 1 does not apply to you and you may resolve any claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Bridge in a court of competent jurisdiction.