Terms of Service

Last updated: 20th August 2025

Acceptance of These Terms of Service

IC AG (“Alpin”, ”Alpinrail”, “we”, “us”, or “our”) provides our services (described below) and related content to you through our website(s) located at https://alpinrail.xyz/ (the “Site”) and through our mobile applications and related technologies (“Mobile Apps”, and collectively, such Mobile Apps and the Site, including any updated or new features, functionality and technology, the “Service”). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site, Mobile Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

Your Privacy: At Alpin, we respect the privacy of our users. For more information please see our Privacy Policy, located at https://alpinrail.xyz/privacy-policy (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

Additional Terms: In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. For example, your use of the Alpin Card is subject to the Alpin Cardholder Agreement (International), as applicable, available at https://alpinrail.xyz/about. All such terms are hereby incorporated by reference into these Terms of Service.

Eligibility and Registration

Eligibility: To access and use the Service, you must be at least eighteen (18) years old and have the legal capacity to enter into binding contracts. By using the Service, you represent and warrant that you (i) are at least eighteen (18) years of age, (ii) are not a resident of, or located in, any jurisdiction that is subject to U.S. government embargoes or sanctions, including but not limited to jurisdictions designated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), (iii) are not listed on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals List, and (iv) will comply with all applicable laws and regulations in connection with your use of the Service. Alpin may suspend or terminate your access to the Service at any time if it determines, in its sole discretion, that you do not meet these eligibility requirements.

Your Registration Obligations: You may be required to register with Alpin or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.

Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your account details, including the private key for your digital wallet, and are fully responsible for any and all activities that occur under your account. You agree to immediately notify Alpin of any unauthorized use of your account or any other breach of security. Alpin and its current and future affiliates (collectively, “Alpin Affiliates”) will not be liable for any loss or damage arising from your failure to comply with this paragraph.

No Fiduciary Duties: This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that 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. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.

Custodial Management of Virtual Assets

Third-Party Custodianship: Your Virtual Assets in the Custodian Wallet are held by a Custodian part of our Partners to ensure the secure management of your Virtual Assets. By utilizing the Custodian Wallet, you acknowledge the risks involved, including system (related to the operation and security of the Custodian’s systems and platforms), market (arising from the volatile nature of Virtual Assets and their fluctuating market values), regulatory (associated with changing regulations and legal compliance of the Custodian), security (potential loss or theft of Virtual Assets due to cyberattacks or breaches by the Custodian), and operational risks (arising from operational failures, errors, or disruptions in the Custodian Wallet).

Authority Over Custodian: The Company is entitled to instruct the Custodian to execute various actions related to your Virtual Assets for settlement purposes including but not limited to freezing, converting, and transferring.

Custodian Selection Discretion: The Company reserves the right to change the Custodian and, in such an event, has your authorization to transfer your Virtual Assets to the new Custodian for the purpose of continuing to use our Card and Services.

Delay in Transaction: Subject to any delays caused by Partners or delays due to fraud or compliance reviews initiated by the Partner, us or any third party partner providing you with services, transfers will normally process in the following time frame: a few business days for transfers from a linked account to the Custodian Wallet, or less, depending on factors such as payment type and funds availability. Transfer times are not guaranteed in any way by the Custodian, Partners and us.

Exemption from Liability: The Company and its affiliates bear no responsibility for any losses, damages or liabilities related to the Custodian Wallet's management or the virtual assets stored within or otherwise caused by or attributable to the actions or omissions of the Custodian. The Custodian is responsible and liable for the security of your Virtual Assets held in the Custodian Wallet.

Wallet Account Structure: Your Custodian Wallet consists of individual vaults assigned to service users for initially storing approved Virtual Assets. These assets are then aggregated into a separate, centralized omnibus account (“Pooled Account”), distinct from the Company's own accounts. This collective account includes the Virtual Assets of all users, ensuring that both your individual wallet details and your proportionate share of assets in this Pooled Account are meticulously recorded and maintained by the Partners, and your Custodian Wallet will at all times be maintained in the account records of the Company.

Disclaimer Custodian Wallet: The Custodian Wallet is not equivalent to a bank debit card, savings, or checking account and does not yield interest. The wallet is not classified as a deposit account and thus does not qualify for coverage under the Deposit Protection Scheme or similar guarantee or consumer protection mechanisms in other application jurisdictions.

User Acknowledgments and Warranties: You accept that our related Partners (1) hold complete control over the Custodian Wallet arrangements such as freeze, convert and transfer of your Virtual Assets on your behalf as may be required; (2) is not a fiduciary, trustee or escrow agent in relation to your Virtual Assets; and (3) you are not a party to any agreement between the Company and the Custodian. All Virtual Assets deposited by you into the Custodian Wallet are of legal origin and in compliance with all applicable laws.

Accessibility of Transaction Records: Transaction histories by month can be accessed through the Platform, and no physical statements will be issued for your Custodian Wallet.

Top-Ups: To deposit Virtual Assets into your Custodian Wallet, you must follow specific instructions available on the Platform. The Custodian Wallet is designed to accept only certain types of Virtual Assets, referred to as “Acceptable Tokens”, for adding funds. You represent and warrant that any Virtual Assets used to fund your Custodian Wallet are owned by you, free of any legal claims or disputes, and not tied to illegal activities. The Partners reserve the right to reject transactions such as top-ups if concerns arise about the assets' legality, and authenticity, or if KYC, KYT, AML, and due diligence checks are not satisfactorily completed. Top-up might be subject to fees as specified on the Platform.

Notifications on Asset Management: The Company will inform you via the Platform about any actions taken on your Account, such as asset freezes or conversions, including the details of affected assets and the applied exchange rates.

Acceptable Tokens: The list of Acceptable Tokens for your Custodian Wallet may be altered by either the Custodian or the Company. Changes can occur due to various factors, including but not limited to regulatory demands, amendments in laws, or issues like scams. You are responsible for ensuring that you only send Acceptable Tokens to the Custodian Wallet. Any assets sent to the Custodian Wallet that are not Acceptable Tokens may be irretrievably lost.

Use of Alpin Services

The Service may allow you to access certain features, functionality or other services that are subject to their own terms and conditions. Accessing these additional services may carry additional risk, and you should only use them if you fully understand the services provided, agree to the risks associated with their use, and accept the legal terms associated with the additional services.

Alpin Card: The Mobile Apps may give you access to manage the Alpin Card, which is issued by a third party card issuer (“Issuer”). Your eligibility for, and use of the Alpin Card, is subject to the terms and conditions disclosed to you during the card account opening process and such other terms made available to you by us or the Issuer.

Digital Asset Transfer: Through the Mobile Apps, you will be able to transfer digital assets from the Wallet to third parties or request third parties to transfer digital assets to the Wallet. All transfer transactions are executed and confirmed on public blockchains, and are irreversible. Alpin does not control any blockchain network and does not guarantee a transfer transaction will be confirmed by a network, and will have no liability to you if a transaction is not processed correctly by the network. You and your counterparties are solely responsible for executing the transactions properly. When you send digital assets from your Wallet to an external wallet, such transfers are executed at your instruction. You should verify all transaction information prior to submitting instructions. Alpin will have no liability to you in the event you enter an incorrect blockchain address or make a transfer to an incompatible wallet. We reserve the right to restrict your ability to submit transactions through the Service if required by law or if it is reasonably necessary to protect the security of our system or to prevent fraudulent activities. You are solely responsible for any network fees to process your transfer requests.

Purchase and Sale of Digital Assets with Fiat Currency: Through third-party licensed financial services providers (“Financial Services Providers”), you can purchase or sell digital assets with or for fiat currency. You must be onboarded successfully by the relevant Financial Services Provider to use such fiat-digital asset exchange services, and your transactions and activities will be subject to the terms and conditions of such Financial Services Provider.

Virtual Account For Receiving Fiat Currencies: Through our Financial Services Providers, including Bridge.xyz, you will receive a virtual account number for receiving supported fiat currencies via wire or ACH transfer. Fiat currencies received in the virtual account will be automatically converted to USDC by the Financial Services Provider and sent to your Wallet. The virtual account is not a checking or savings account or prepaid account, cannot be used for holding cash, and is not eligible for FDIC insurance. You can check the current supported fiat currencies in the Mobile App.

Decentralized Protocols: The Service and Mobile App may provide access to or link to third-party decentralized protocols (“Third Party Protocols”). The Service may enable you to access content and information made available by such Third Party Protocols with the Service and Mobile App. When interacting with any Third Party Protocols, you understand that you are not transferring any assets to us, we are not a party to the transactions you conduct in connection with such Third Party Protocols, and we do not act in any intermediary, fiduciary, or advisory capacity to any party to such transactions. We provide you access to these Third Party Protocols only as a convenience, and you understand and agree that we do not have control over, do not warrant or endorse, and are not responsible for the availability or legitimacy of, the content, products, assets, or services on or accessible from the Third Party Protocols. You should consult your financial and legal advisors before entering into transactions through or with any Third Party Protocols, and you are solely responsible for the risks and losses as a result of your use of such Third Party Protocols.

Compliance and Tax Obligations: Your use of the Service may result in various tax consequences, such as income or capital gains tax, value-added tax, goods and services tax, or sales tax in certain jurisdictions. It is your responsibility to determine whether taxes apply to any transactions you initiate or receive and, if so, to report and/or remit the correct tax to the appropriate tax authority.

Fees: Other than transaction-based fees charged by blockchain networks or implemented by the Issuer or Financial Services Providers, Alpin does not currently charge any fees for the Service. However, we reserve the right to charge fees for your use of the Service and adjust the pricing anytime. If such fees are imposed, we will notify you before the fees become effective, and unless prohibited by applicable law, your continued use of the Service constitutes your consent to these fees.

User Security: We provide you with certain tools and features that are designed to assist you in managing your digital assets in a secure manner. For example, for iOS users, Alpin leverages iCloud for automatic backup of your wallet, including your private keys and recovery phrases. This feature ensures that you can easily recover your wallet in case of device loss or replacement, without the need to manually save and store your recovery phrase. It is crucial, however, to ensure that your iCloud account remains secure and accessible only to you. Because we may depend on backup functionality made available by your device and platform, it is your responsibility to ensure that the associated backup account is configured properly and Alpin will not be responsible for any losses or inability to access your private key, recovery phrases, or digital assets due to any misconfiguration or any other actions taken by your or the related third party platform (e.g. iOS, Android, etc.).

Modifications to Service: Alpin reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Alpin and Alpin Affiliates will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that Alpin may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Alpin’s or its third-party service providers’ servers on your behalf. You agree that Alpin has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Alpin reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Alpin reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Conditions of Access and Use

Assumption of Risks: Using a self-custodial digital wallet like Alpin involves inherent risks. Before using Alpin, it’s important that you fully understand these risks and how they might affect your digital assets. The following are some of the key risks associated with using Alpin:

Market Risk: The value of cryptocurrencies and digital tokens is highly volatile and can fluctuate widely. You are solely responsible for making informed decisions about your digital asset transactions.

Operational Risk: While Alpin utilizes advanced security measures, including automatic backup for your wallet’s recovery phrase and private keys onto your device or associated cloud storage accounts, the security of your assets also depends on your adherence to best security practices for your devices and the backup mechanisms made available by your device.

Regulatory Risk: The regulatory environment for blockchain technologies and digital assets is evolving. Changes in laws and regulations could impact your ability to use Alpin or hold digital assets.

User Conduct: You agree to not use the Service to:

Infringe or violate any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights of a third party;

Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

Violate any applicable local, state, national, or international law, or any rule, guidance, or regulations having the force of law (“Laws”);

Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

Engage in activity that seeks to defraud us or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another;

Engage in activity that violates any Laws concerning the integrity of trading markets, including, but not limited to, the manipulative tactics commonly known as “rug pulls”, pumping and dumping, and wash trading;

Engage in activity that violates any Laws concerning the trading of securities or derivatives, including, but not limited to, the unregistered offering of securities and the offering of leveraged and margined commodity products to retail customers in the United States or other applicable jurisdiction;

Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;

Obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;

Circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks;

Engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods; or

Engage in any of the additional prohibited activities available at https://api.alpinrail.xyz/legal/card/prohibitions .

If you are blocked by Alpin from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

Alpin reserves the right to investigate and take appropriate legal action against anyone who, in Alpin’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities.

Personal Use: The Service is for your personal use. Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, grant access to, transfer, or otherwise use or exploit any portion of the Service for any commercial purposes.

Electronic Communication and Signatures: Using the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Mobile Services and Software

Mobile Services: The Service includes certain services that are available via a mobile device, including (a) the ability to upload content to the Service via a mobile device, (b) the ability to browse the Service and the Site from a mobile device, and (c) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Mobile App License: Subject to these Terms of Service, Alpin hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App on another device on which you also agreed to these Terms of Service. Each instance of these Terms of Service that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.

Ownership; Restrictions: The technology and software underlying the Service or distributed in connection therewith are the property of Alpin, Alpin Affiliates, and their licensors (including the Mobile Apps, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, or sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Alpin.

Third-Party Distribution Channels: Alpin offers Software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.

Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

Alpin and you acknowledge that these Terms of Service are concluded between Alpin and you only, and not with Apple Inc. (“Apple”), and that as between Alpin and Apple, Alpin, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.

Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.

Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Alpin’s sole responsibility, to the extent it cannot be disclaimed under applicable law.

Alpin and you acknowledge that Alpin, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Alpin and Apple, Alpin, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to Alpin as follows:

support@alpinrail.xyz

You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.

Alpin and you acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms of Service are between you and Alpin only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Alpin, and not Google, is solely responsible for Alpins Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to Alpin’s Google-Sourced Software.

Intellectual Property Rights

Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and Laws. Except as expressly authorized by Alpin, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own content or materials that you upload to or make available through the Service (“User Content”) in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

Trademarks: The Alpin name and logos are trademarks and service marks of Alpin (collectively the “Alpin Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Alpin. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Alpin Trademarks displayed on the Service without our prior written permission in each instance. All goodwill generated from the use of Alpin Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will Alpin or any Alpin Affiliate be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Alpin does not pre-screen content, but that Alpin and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Alpin and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Alpin, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content: You represent and warrant that you own all right, title, and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant Alpin and Alpin Affiliates a non-exclusive, worldwide, royalty-free license to use, reproduce, display, store, and transmit your User Content solely for the purpose of operating, maintaining, and improving the Service and as otherwise set forth in our Privacy Policy. This license will terminate with respect to specific User Content once you delete such User Content from the Service, except to the extent that Alpin needs to retain a copy for compliance with applicable Law, to resolve disputes, or to enforce these Terms of Service.

You also agree that Alpin may remove metadata associated with your User Content and you irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content. Notwithstanding the termination of the license above, you acknowledge and agree that Alpin may preserve User Content and may also disclose User Content if required to do so by Law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable Law, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Alpin, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Usage Data: You hereby authorize Alpin and Alpin Affiliates and their third-party service providers to collect and analyze User Content and other data and information relating to the Service and related systems and technologies and derive statistical and usage data relating thereto (collectively, “Usage Data”). Alpin and Alpin Affiliates may use Usage Data for any purpose in accordance with applicable Law and our Privacy Policy.

Submissions: Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Alpin or any Alpin Affiliate are non-confidential and Alpin and Alpin Affiliates 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.

Third-Party Services and Websites

The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store, and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage, and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. Alpin has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Alpin or any Alpin Affiliate, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Alpin enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Alpin and Alpin Affiliates 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 Services.

Indemnification

To the extent permitted under applicable Law, you agree to defend, indemnify, and hold harmless Alpin and Alpin Affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Alpin Parties”), from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. Alpin will provide notice to you of any such claim, suit, or proceeding. Alpin reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Alpin’s defense of such matter. You may not settle or compromise any claim against the Alpin Parties without Alpin’s written consent.

Duty of Care

Alpin will exercise reasonable skill and care in providing the Service, but does not guarantee that the Service will be free from interruptions, errors, or security breaches. This duty of care does not extend to factors outside of Alpin’s reasonable control, including third-party service providers, custodians, blockchain networks, or external technology platforms.

Disclaimer of Warranties

BY ACCESSING AND USING THE SERVICE, YOU REPRESENT THAT YOU ARE FINANCIALLY AND TECHNICALLY SOPHISTICATED ENOUGH TO UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS, AND THAT YOU HAVE A WORKING KNOWLEDGE OF THE USAGE AND INTRICACIES OF DIGITAL ASSETS.

IN PARTICULAR, YOU UNDERSTAND THAT THE MARKETS FOR THESE DIGITAL ASSETS ARE NASCENT AND HIGHLY VOLATILE DUE TO RISK FACTORS INCLUDING, BUT NOT LIMITED TO, ADOPTION, SPECULATION, TECHNOLOGY, SECURITY, AND REGULATION. YOU UNDERSTAND THAT ANYONE CAN CREATE A TOKEN, INCLUDING FAKE VERSIONS OF EXISTING TOKENS AND TOKENS THAT FALSELY CLAIM TO REPRESENT PROJECTS, AND ACKNOWLEDGE AND ACCEPT THE RISK THAT YOU MAY MISTAKENLY TRADE THOSE OR OTHER TOKENS. 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.

FURTHER, YOU UNDERSTAND THAT SMART CONTRACT TRANSACTIONS AUTOMATICALLY EXECUTE AND SETTLE, AND THAT BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE WHEN CONFIRMED. YOU ACKNOWLEDGE AND ACCEPT THAT THE COST AND SPEED OF TRANSACTING WITH CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS ARE VARIABLE AND MAY INCREASE DRAMATICALLY AT ANY TIME. YOU FURTHER ACKNOWLEDGE AND ACCEPT THE RISK OF SELECTING TO TRADE IN EXPERT MODES, WHICH CAN EXPOSE YOU TO POTENTIALLY SIGNIFICANT PRICE SLIPPAGE AND HIGHER COSTS.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE ALPIN PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE ALPIN PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ALPIN PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ALPIN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE ALPIN PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ALPIN FOR ACCESS TO THE SERVICE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Termination

You agree that Alpin, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Alpin believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. Alpin may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Alpin may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Alpin and Alpin Affiliates will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Alpin and Alpin Affiliates will have no liability or responsibility with respect thereto. Alpin reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Alpin governing your access and use of the Service, and supersede any prior agreements between you and Alpin with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of Switzerland without regard to its conflict of law provisions. The failure of Alpin to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any Law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Alpin, but Alpin may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Alpin will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Alpin’s reasonable control.

Questions? Concerns? Suggestions?

Please contact us at legal@alpinrail.xyz to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.