Optimism Terms of Service

Thank you for your interest in Optimism! The Optimism Foundation (the “Foundation”, “we”, “our” or “us”) provides this website, its features, and certain other products and services (collectively, our “Services”) as identified and further described in these Terms of Service (the “Terms”).

Your use of our Services is subject to and governed by these Terms. Please read all of these Terms carefully, as they include legal terms, obligations, and restrictions. They cover important information about the Services, eligibility to use the Services, future changes to these Terms, disclaimers, and limitations of liability, including that you assume all risk associated with using the Services.

By accessing or using any Service or interacting with OP Mainnet or any other blockchain built using the OP Stack (“Other OP Chains/Forks”), you agree to these Terms and the Optimism Community Agreement, which you understand applies to all uses of OP Mainnet and any Other OP Chain/Fork, in addition to this website and its features, and you acknowledge and consent to our Privacy Policy. In addition, certain pages, features, products, or services may be subject to additional guidelines, terms, or rules, which will be posted in connection with such features and product offerings. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. Your agreement to these Terms and the Optimism Community Agreement (on behalf of yourself and, if applicable, the entity you represent) forms a binding contract between you and us (and, if applicable, the entity you represent), and you represent and warrant that you have the willingness, right, authority, and capacity to enter into these Terms (on behalf of yourself and, if applicable, the entity you represent). You are not authorized to and must not use the Services if you do not wish to, or do not have capacity to, agree or consent to any of the above.
Key Terminology:
- “OP Mainnet” means the decentralized, peer-to-peer layer 2 rollup protocol on the Ethereum public blockchain with chain ID: 10 known as “OP Mainnet.”
- “OP Stack” means the Optimism Collective-approved, standardized, shared, and open-source development stack release that powers OP Mainnet and other blockchain protocols.
- “Optimism Collective” means the decentralized, representative body of Optimism governance, as further described in the Optimism Community Agreement.
Authority to Bind Organization or Entity You Represent: If you are agreeing to the Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to the Terms on that organization’s or entity’s behalf and bind them to the Terms (in which case, the references to “you” and “your” in the Terms, except for in this sentence, refer also to that organization or entity).
Eligibility to Use Services; Consent of Parent or Legal Guardian: You may only access or use the Services if you are an individual of legal age to form a binding contract (or if not, you have received your parent’s or guardian’s permission to use the Services and your parent or guardian has agreed to the Terms on your behalf). If you are accepting these Terms on behalf of a minor, you represent that you are their parent or legal guardian with the legal authority to do so and confirm that you consent to their use of the Services, you agree to these Terms on your and their behalf, and you agree to bear responsibility for their use of the Services.
AGREEMENT TO ARBITRATE: SECTION 16 OF THESE TERMS CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU ARE AGREEING TO MANDATORY INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS.
Changes to Terms: We reserve the right to change these Terms at any time. If we do so, we will post an updated version of the Terms and indicate at the top of the updated version the date on which these Terms were last updated. If you don’t agree to the new Terms, you are free to reject them; unfortunately, that means you must stop accessing or using the Services immediately. If you access or use the Services in any way after an updated version of the Terms is posted, you agree to all the changes.
If you have any questions, comments, or concerns regarding these Terms or the Services, you may send an email to [email protected].

1. Services

Our Services currently include:

Website: The website available at www.optimism.io (the “Site”).
Optimism Gateway Interface: The Optimism Gateway Interface, a website-hosted user interface (the “Gateway Interface”) that enables you to connect a compatible non-custodial software wallet (“Web3 Wallet”) and initiate messages to the OP Mainnet, and to bridge digital assets between the Ethereum and OP Mainnet public blockchains, and between OP Mainnet and certain other public blockchains. The Gateway Interface (also known as the ‘Bridge Front-End’) is available here. Depending on how you use the Gateway Interface, (i) these messages may be sent directly to Ethereum, OP Mainnet or other public blockchains or routed through various third-party interfaces and decentralized applications, and (ii) the bridging smart contracts with which you interact may be inherent to Ethereum, OP Mainnet, or other public blockchains themselves, or independently developed and deployed by various third parties (“Third-Party Bridges”).
Optimist NFTs, PFPs and AttestationStation: The ability, if you are eligible, to connect your compatible Web3 Wallet to OP Mainnet and mint non-fungible tokens (“Optimist NFTs”) with customized profile pictures (“PFPs”) and interact with certain related smart contracts deployed on OP Mainnet (collectively, the “Optimist NFT Service”). When you mint an Optimist NFT, your Optimist NFT will be permanently linked to your wallet address and will not be transferable, and other users will be able to use the attestation smart contract deployed on OP Mainnet known as the “AttestationStation” (which you can read more about here) to post permanent, publicly available attestations about, among other things, your Optimist NFT. When you or others submit information or attestations in minting an Optimist NFT or using the AttestationStation, you and they are interacting directly with OP Mainnet and smart contracts deployed on OP Mainnet and entering that information into an on-chain permanent repository, where it will be publicly accessible and cannot be deleted.

For clarity, the Foundation does not own or control, and the Services do not include, (i) OP Mainnet, which is public, permissionless, and runs on open-source self-executing smart contracts, (ii) any Other OP Chain/Fork, (iii) the Optimism Collective, or (iv) any Web3 Wallet.

The Foundation reserves the right, at any time, to modify, suspend, or discontinue any Service (in whole or in part) without notice to you. You agree that the Foundation will not be liable to you or to any third party for any modification, suspension, or discontinuation of any Service or any part thereof. The Foundation does not undertake or have any obligation to maintain any Service or provide support to you in connection with your use of any Service.

2. Web3 Wallets

To access certain Services, you must use a Web3 Wallet, which constructs and broadcasts the data (“transactions”) that allows you to interact with Ethereum, OP Mainnet, or any Other OP Chain/Fork (as applicable). By using your Web3 Wallet in connection with a Service, you acknowledge and agree that you are using the Web3 Wallet under the terms and conditions of the applicable provider of the Web3 Wallet. No Web3 Wallet is created by, operated by, maintained by, or affiliated with us. Accordingly, we do not have custody or control over the contents of your Web3 Wallet, and we have no ability to retrieve, transfer or recover its contents. Your relationship with any given Web3 Wallet provider is governed by the applicable terms of service of that third party, not these Terms.

3. License

Subject to the Terms and your compliance with the Terms, the Foundation grants you a non-transferable, non-exclusive, non-sublicensable, personal, revocable, limited license to access and use the Services solely for your own personal, non-commercial use.

4. Prohibited Conduct

You represent, warrant, and agree that you will not provide or contribute anything to the Services, including without limitation by submitting any attestation to the AttestationStation, or otherwise use or interact with any Service, in a manner that:

infringes or violates the intellectual property rights or any other rights of anyone else (including us);
violates any law, rule or regulation (collectively, “Law”), including, without limitation, any applicable sanctions Laws, export control Laws, securities Laws, anti-money laundering Laws, or privacy Laws;
is for a purpose not reasonably intended by us;
is dangerous, harmful, fraudulent, misleading, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
violates, compromises, or interferes with the security, integrity or availability of any computer, network, software, or technology; or
otherwise violates the Terms or the Optimism Community Agreement.

5. Additional Restrictions

You agree that the rights granted to you in these Terms are subject to the following restrictions:

You shall not have any right to, and shall not, license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any Service, whether in whole or in part, or any content accessible on any Service (except, with respect to PFP images, to the extent permitted by Section 9(b));
You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of any Service (except, with respect to PFP images, to the extent permitted by Section 9(b));
You shall not access or use the Services to build a similar or competitive website, product, or service; and
You shall not remove or obscure any copyright or other proprietary notices on or presented through the Services (or on any content accessible on the Services).

We reserve the right to take whatever action we deem appropriate, including but not limited to terminating or suspending your right and ability to use a Service, if we suspect you have violated Section 4 or this Section 5.

6. Legal Compliance

You will comply with all Laws that apply to you, your access to and use of the Services, and your actions and omissions that relate to the Services. If your access to or use of any Service (whether generally or for a particular purpose) is prohibited by any Law, then you are not authorized to access or use that Service (generally or for the particular purpose, as applicable). We are not responsible for your accessing or using the Services, including in any way that breaks any Law.

Without limiting the foregoing, you represent, warrant, and covenant that you are not, and for the duration of the time you use the Services, will not be: (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the United Nations Security Council, the European Union, His Majesty’s Treasury, and U.S. Department of Treasury), or (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United Nations, European Union, any EU country, UK Treasury, or the United States. If at any point the above is no longer true, you must immediately cease using the Services.

7. Assumption of Risk

By using the Services, you (a) represent that you are sophisticated enough to understand the various inherent risks of using cryptographic and public blockchain-based systems, including but not limited to the Gateway Interface, OP Mainnet, Other OP Chains/Forks, and digital assets such as bitcoin (BTC), ether (ETH), and other digital tokens such as those following the ERC-20 Ethereum token standard, and (b) acknowledge and accept all such risks, and acknowledge and agree that we make no representations or warranties (expressly or implicitly) regarding, and that you will not seek to hold us liable for, those risks, any or all of which could lead to losses and damages, including the total and irrevocable loss of your assets. Such risks include, but are not limited to, for example:

Experimental nature. The Services are experimental in nature. They represent an example reference implementation only. The Services are not intended to be used as a primary means of accessing or interacting with OP Mainnet.
Wallet security and safekeeping. You are solely responsible for the safeguarding and security of your Web3 Wallets. If you lose your wallet seed phrase, private keys, or password, you may be forever unable to access your digital assets. Any unauthorized access to your wallet by third parties could result in the loss or theft of your digital assets. We have no involvement in, or responsibility for, storing, retaining, securing, or recovering your Web3 Wallet seed phrases, private keys, passwords, or digital assets, or for any unauthorized access to your Web3 Wallet.
Blockchain technology. Public blockchains, and the technology underlying and interacting with cryptographic and public blockchain-based systems, are experimental, inherently risky, and subject to change. Among other risks, bugs, malfunctions, cyberattacks, or changes to a particular public blockchain (e.g., via forks) could disrupt these technologies irreparably. There is no guarantee that any of these technologies will not become unavailable, degraded, or subject to hardware or software errors, operational or technical difficulties, denial-of-service attacks, other cyberattacks, or other problems requiring maintenance, interruptions, delays, or errors.
Network cost and performance. The cost, speed, and availability of transacting on public blockchain systems are subject to significant variability. There is no guarantee that any transfer will be confirmed or transferred successfully or in a timely manner.
Blockchain transactions and smart contract execution. Public blockchain-based transactions (including but not limited to transactions automatically executed by smart contracts) are generally considered irreversible when confirmed. Any transaction that will interact with smart contracts or be recorded on a public blockchain must be recorded with extreme caution.
Digital assets. You own and control the digital assets held in and bridged via your Web3 Wallet. You bear all risk of loss of and relating to such digital assets, including but not limited to fluctuations in value. The markets for digital assets are nascent and highly volatile due to various risk factors including (but not limited to) adoption, speculation, technology, security, and regulation. Digital assets and their underlying blockchain networks are complex emerging technologies that may be subject to delays or halts, or go offline, as a result of errors, forks, attacks or other unforeseeable reasons. Anyone can create a digital asset, including fake versions of existing digital assets and digital assets that falsely claim to represent projects. So-called stablecoins may not be as stable as they purport to be, may not be fully or adequately collateralized, and may be subject to panics and runs. You are solely responsible for understanding the risks specific to each digital asset that is relevant to you.
Bridging. In addition to being an especially novel and untested implementation of blockchain technology in general, cross-blockchain bridging technology has historically been, and may in the future be, the subject of numerous cyberattacks and exploits, including without limitation, hacks that exploit a vulnerability in the associated software, hardware, systems or other equipment or social engineering to gain control of the any bridge components, wallets, smart contracts or other related systems.
Control. OP Mainnet, the OP Stack, and potentially, certain Other OP Chains/Forks are subject to periodic upgrades based on votes by the Optimism Collective. Although the Foundation stewards and administers certain governance processes of the Optimism Collective, it does not control the Optimism Collective or the outcomes of governance votes. The Optimism Collective may vote to implement, or fail to implement, a protocol upgrade that significantly impacts OP Mainnet, the OP Stack, and/or certain Other OP Chains/Forks, or introduces other risks, bugs, malfunctions, cyberattack vectors, or other changes to OP Mainnet, the OP Stack, and/or certain Other OP Chains/Forks that could disrupt the operation of the Services, your ability to access your digital assets, or otherwise cause you damage or loss.
Third Party Risks. Third-party products and services carry their own individual, oftentimes highly significant risks. When you use the Services to interact with any third-party product or service, you are subject to, and assume, all of those risks.
Tax and compliance. Digital assets may be subject to taxation. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct in connection with your use of the Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
Legislative and regulatory risks. Digital assets, blockchain technology, and any related software and services are subject to legal and regulatory uncertainty in the United States and other jurisdictions throughout the world. Legislative and regulatory changes or actions may adversely affect the usage, transferability, transactability and accessibility of the Services, OP Mainnet, Other OP Chains/Forks, or digital assets in general.

You represent that you understand, and you agree to accept full responsibility for, all the risks of using any Service, the OP Stack, OP Mainnet, and any Other OP Chain/Fork, including, but not limited to, those listed above.

8. No Fiduciary Relationship; No Advice

You acknowledge and agree that: (a) these Terms are not intended to, and do not, create or impose any fiduciary duties on us; (b) we owe no fiduciary duties or liabilities to you or any other party; (c) to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated; and (d) the only duties and obligations that we owe you are those set out expressly in these Terms.

You agree that the Services and any information provided by or obtained from the Services are for informational purposes only, are not intended to be relied upon for professional advice of any sort and are not a substitute for information from experts or professionals in the applicable area. You should not take, or refrain from taking, any action or decision based on any information contained in the Services. If, and before you make any financial, legal, or other decisions involving the Services, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.

9. Intellectual Property

Generally. Unless expressly set forth otherwise in these Terms, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the Services and the content contained therein, are owned by the Foundation. Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, unless expressly set forth otherwise in these Terms (if applicable). The Foundation reserves all rights not granted in these Terms. There are no implied licenses granted under these Terms.
PFP Images. All copyrights in each PFP image associated with an Optimist NFT that is minted using the Optimist NFT Service (i.e., the whole customized PFP image) is dedicated to the public domain under the Creative Commons Zero (CC0). The full text of the CC0 license can be read here. We and you hereby waive any copyrights we and you may have in each customized PFP image associated with an Optimist NFT that is minted using the Optimist NFT Service. For clarity, the above paragraph applies only to the whole customized PFP image associated with each Optimist NFT, and not any of the individual PFP elements made available by the Foundation on the Site for users to combine to customize a PFP, or any other intellectual property we may own, all of which the Foundation retains ownership of all right, title and interest.

10. Feedback

11. Third-Party Products and Information

The Services may contain references and links or otherwise enable you to connect to third-party websites, applications, resources, products, or services, including (but not limited to) Web3 Wallets, Third-Party Bridges, decentralized applications, and other information, materials, products, or services, which we do not own or control (collectively, “Third-Party Products”). We do not approve, monitor, endorse, make any representations or warranties (expressly or implicitly) about, or assume any responsibility for any Third-Party Products, any component thereof, or the manner in which those products or components interact with the Services. When you use or rely on any Third-Party Product, you do so at your own risk. You understand that you are solely responsible for any fees and costs associated with using Third-Party Products and that, unless stated herein, the Terms do not otherwise apply to your dealings or relationships with any third parties or Third-Party Products. We will not have any liability or responsibility with respect to any Third-Party Product.

12. Copyright Policy

The Foundation respects the intellectual property of others and asks that users of our Services do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, please provide the following information to [email protected] in the form of a written notification:

your name address, telephone number, and e-mail address;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the Law;
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner; and
your physical or electronic signature.

Any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

13. Indemnification

To the fullest extent permitted by applicable Law, you agree to indemnify, defend and hold harmless the Foundation, as well as its affiliates and its and their respective service providers, licensees, sublicensees, users, and contractors, and each of its and their respective past, present and future officers, directors, members, employees, consultants, representatives, agents, and users, and each of their respective successors and assigns (all of the foregoing, collectively, the “Indemnified Parties”) from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”) that are caused by, arise out of or are related to: (a) your use of the Services; (b) your violation of these Terms or applicable Law; (c) your violation of the rights of a third party; and (d) your negligence or willful misconduct. You agree to promptly notify the Foundation of any third-party Claims you become aware of and cooperate with the Indemnified Parties in defending such Claims. You further agree that the Indemnified Parties shall have the right to control the defense or settlement of any third-party Claims, if they so choose.

14. Disclaimers and Release of Claims

THE SERVICES ARE PROVIDED BY US ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT AVAILABILITY, ACCESSIBILITY, OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

YOU EXPRESSLY AGREE THAT YOU ASSUME ALL RISKS IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES, THE OP STACK, OP MAINNET, OTHER OP CHAINS/FORKS AND THIRD-PARTY PRODUCTS, AND YOU ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES DO NOT OPERATE OR CONTROL, AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY WITH RESPECT TO, OP MAINNET OR ANY OTHER OP CHAIN/FORK. YOU FURTHER EXPRESSLY WAIVE AND RELEASE THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM OR IN ANY WAY RELATING TO YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO LOSS, MISDIRECTION OR INACCESSIBILITY OF, OR ANY OTHER ERROR WITH RESPECT TO, DIGITAL ASSETS.

15. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY INDEMNIFIED PARTY BE LIABLE TO YOU OR TO ANY OTHER PERSON WITH RESPECT TO A SERVICE (INCLUDING WITHOUT LIMITATION ANY ASSOCIATED SMART CONTRACTS, OPTIMIST NFTS, PFPS, OR ATTESTATIONS) FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS, MISDIRECTION OR INACCESSIBILITY OF DIGITAL ASSETS, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION; (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS; OR (D) ANY MATTER BEYOND THE REASONABLE CONTROL OF THE FOUNDATION.

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.

16. Dispute Resolution; Arbitration

Please carefully read the following arbitration agreement (this “Arbitration Agreement”). It requires you to arbitrate disputes with the Foundation and limits the manner in which you can seek relief from us.

Applicability of this Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to the Terms or to any aspect of your relationship with the Foundation will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims or seek relief in small claims court if your claims qualify, and (ii) you or the Foundation may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of the Terms or any prior version of the Terms.
Arbitration rules and forum. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to [email protected]. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require the Foundation to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules and applicable Law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, the Foundation will pay the remaining filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorney’s fees in certain cases. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions in accordance with JAMS Rule 24 for any claims the arbitrator determines to be frivolous or improper. The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before JAMS, the arbitrator, or a court of competent jurisdiction.
Authority of arbitrator. The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement, and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, provided that the arbitrator shall also be empowered to consolidate claims raised between the same parties to a single arbitration proceeding. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
Waiver of jury trial. YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 16(a) (Applicability of this Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of class or other non-individualized relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the courts of the Cayman Island. All other disputes, claims, or requests for relief shall be arbitrated.
30-day right to opt out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to [email protected] within 30 days after you first access any of the Services. Your notice must include your name and address, the Web3 Wallet address used to access or use the Service (if applicable), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, (i) all other parts of this Arbitration Agreement will continue to apply to you, and (ii) the Foundation will not be bound by this Arbitration Agreement. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. Except as provided in Section 16(e) (Waiver of class or other non-individualized relief), if any part or parts of this Arbitration Agreement are held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such specific part or parts shall be eliminated or limited to the minimum extent such that the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
Modification. Notwithstanding any provision in the Terms to the contrary, we agree that if we make any future material change to this Arbitration Agreement, you may reject that change within 30 days of such change becoming effective by writing us at [email protected] and expressly opting out of this Arbitration Agreement.

17. Conflict of Provisions

In the event that there exists a conflict between any term, condition or provision contained within these Terms, and in any term, condition, or provision contained within any other specific part or feature, the term, condition, or provision contained in such specific part or feature will control, solely with respect to the applicable part or feature.

18. Governing Law, Forum, Venue and Jurisdiction

The Terms are governed by and will be construed under the laws of the Cayman Islands, excluding its body of law controlling conflict of laws. You agree that the Services shall be deemed to be based solely in the Cayman Islands, and that although the Services may be available in other jurisdictions, the availability of any Service does not give rise to general or specific personal jurisdiction in any forum outside the Cayman Islands. Any arbitration conducted pursuant to these Terms shall be conducted in accordance with Section 16. You agree that any judicial proceeding will be brought in the courts located in the Cayman Islands.

19. Third-Party Beneficiaries

Each Indemnified Party shall be deemed to be an expressly-intended third-party beneficiary of all provisions of these Terms that expressly reference Indemnified Parties or that are reasonably relevant to Indemnified Parties and you, with the right to directly enforce such provisions against you. There are otherwise no third-party beneficiaries of these Terms.

20. Entire Agreement; Amendment; Severability

These Terms, the Optimism Community Agreement, and any other terms we provide in connection with specific pages, features, products, or services constitute the sole and entire agreement between you and the Foundation regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. Except for changes made by us posting an updated version of these Terms, no other amendment or modification of the Terms will be effective unless in writing and signed by both you and us. Without limiting the foregoing sentence, if any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Last updated: March 5, 2024