Decentralized Protocol Integrations Terms of Service

Last Updated: May 20, 2026

Figure Markets Holdings, Inc. (“FMHI” or “Figure Markets” or “we” or “us” or “our”), may provide users the ability to access one or more decentralized protocols using a native interface inside the Figure Markets mobile application or Figure Markets websites (collectively with the mobile application a “Figure Site”) (each, a “Decentralized Protocol Integration”). Figure developed these Terms of Service (these “Terms”) to describe the terms that govern your use of any Decentralized Protocol Integration, and by using any Decentralized Protocol Integration, you agree to be bound by these Terms. FMHI is a wholly owned subsidiary of Figure Technology Solutions, Inc. In these Terms, “Figure Group” means FMHI, its corporate affiliates, including Figure Technology Solutions, Inc., a Nevada corporation.

1. Third Party Services and Environments.

1.1. The Decentralized Protocol Integrations allow you to access decentralized finance services, such as decentralized exchanges, lending protocols, or other services (“Decentralized Services”), and enable you to interact with services created by third parties (“Third Party Services”) using your Digital Asset Wallet (as defined below). We provide access to Third Party Services only as a convenience, do not have control over their content, 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 those Third Party Services (including any related websites, resources or links displayed therein). When accessing and transacting on or with Third Party Services, you understand that unless otherwise stated, you are at no time transacting with any member of the Figure Group, or transferring your assets to any member of the Figure Group. Your use of any Third Party Service may also be subject to additional terms and conditions between you, on the one hand, and the provider(s) of such Third Party Service, on the other hand.

1.2. Third-party services, such as decentralized exchanges and decentralized lending protocols, may provide access to services and assets that have high risks of illiquidity, devaluation, lockup, or loss. Before you initiate any transaction with or through a Third-Party Service, it is important for you to understand that you are transacting directly with a third party that is not affiliated with any member of the Figure Group. You should assume that we have not verified the safety or legitimacy of any Third Party Service, and have not reviewed (or approved of) the services it provides or any representations it has made. It is your responsibility to ensure that you fully understand the nature of the services being provided by any Third Party Service, including the financial risks that you may be exposed to as a result of using such Third Party Service.

1.3 If you access a Third Party Service that enables you to obtain loans or other forms of credit, you understand and agree that you are not permitted to use the proceeds of such loans or credit to purchase digital assets on or through Figure Markets, Figure Markets APIs, the Figure Markets mobile application, or any other Figure Markets website (collectively the "Figure Markets Site"), and pledge that you will not do so. For the avoidance of doubt, unless explicitly stated, if you access a Third Party Service that enables you to obtain loans or other forms of credit, neither Figure Markets nor any other member of the Figure Group is your lender in connection with that service.

1.4. By accessing Third Party Services or Decentralized Services such as decentralized lending protocols for depositing your assets into lending vaults, you acknowledge and agree that we act solely as a technology provider facilitating your direct interaction with such decentralized lending protocols and their associated vaults. We do not hold custody of your digital assets deposited into the vaults, nor do we act as a financial institution, lender, or borrower in providing Third Party Services outside of the Decentralized Services described above. You understand that participation in decentralized lending protocols involves inherent risks, including but not limited to smart contract vulnerabilities, oracle failures, irreversible loss of assets due to private key compromise, market volatility, liquidation risks, and the risk of losing your funds due to borrower defaults or other protocol failures. Please review the Figure Markets Disclosure Page for additional information.

All lending and borrowing activities, including interest rates and liquidation thresholds, are governed by the smart contracts of the relevant Decentralized Services, or Third Party Services, over which we have no control. While we may facilitate access to certain lending vaults, we provide no guarantee of returns, and you assume full responsibility for assessing and accepting all associated risks.

1.5 If you access a Third Party Service that enables you to obtain a digital asset that is not supported on the Figure Site in your country of residence, you will not be permitted to transfer such digital asset from your Digital Asset Wallet to other users within the Figure Markets Website or App. Figure Markets, in its sole discretion, may terminate support for any particular Digital Asset in accordance with Section II.6 of Appendix B to the Figure Markets General Terms of Service.

1.6. When you interact with any Decentralized Services or Third Party Service through the Decentralized Protocol Integrations, we may display on the Figure Site information about your onchain activities and transactions that is publicly available on the blockchain and/or provided by such Decentralized Services or Third Party Services. For Third-Party Services, you should assume that we have not verified the accuracy of any such information, and neither FMHI nor any other member of the Figure Group will be liable for any losses that you may incur as a result of relying on such information.

2. Digital Asset Wallets.

2.1. In order to use a Decentralized Protocol Integration, you will need to set up a Figure Markets self-custodial crypto wallet or another compatible self-custodial crypto wallet (a “Digital Asset Wallet”) that enables you to (i) store digital assets; (ii) access and interact with Third Party Services; (iii) broadcast transactions on digital asset networks, and (iv) use additional functionality as we may add from time to time. Please see Appendix B.I. Figure Digital Wallet Services to the Figure Markets General Terms of Service.

2.2. Onchain Transactions. Your Digital Asset Wallet enables you to interact with Decentralized Services and Third Party Services by signing onchain transactions (each, an “Onchain Transaction”), including transactions that transfer digital assets between your Digital Asset Wallet and other external wallets. Onchain Transactions that you sign using your Digital Asset Wallet cannot be reversed once they have been broadcast to the relevant digital asset network (although they may be in a pending state, and designated accordingly, while the transaction is processed by network operators). Neither FMHI nor any other member of the Figure Group controls the digital asset network(s) on which the Third Party Services operate, and makes no guarantees that an Onchain Transaction will be confirmed by the relevant digital asset network(s). Accordingly, Section II.6 of Appendix B of the Figure Markets General Terms of Service will be deemed to govern, mutatis mutandis, your use of any digital asset network in connection with an Onchain Transaction that you sign using your Digital Asset Wallet.

2.3. Pending Transactions. Once an Onchain Transaction is submitted to a digital asset network, the transaction will be unconfirmed and remain in a pending state for a period of time sufficient to allow confirmation of the transaction by the digital asset network. An Onchain Transaction is not complete while it is in a pending state. Pending Onchain Transactions that are initiated from a Digital Asset Wallet will reflect a pending transaction status and are not complete while the transaction is pending. Neither FMHI nor any other member of the Figure Group is liable for any losses you may incur as a result of issues with the relevant digital asset network (e.g., network outages or excessive network congestion) that causes any Onchain Transaction initiated from your Digital Asset Wallet to remain in a pending state for an extended duration.

2.4. Ownership and Control. You own and control the digital assets in your Digital Asset Wallet and bear all risks of loss. Neither FMHI nor any other member of the Figure Group is liable for any fluctuations or losses, including those from using Third Party Services. At any time, subject to outages, downtime, and other applicable policies, you may transfer the digital assets you hold in your Digital Asset Wallet to a different self-custodial wallet address.

2.5. Fees. You may incur charges from the Figure Group for your use of any Decentralized Services or from third parties for Third Party Services. For example, you may be charged fees by a decentralized exchange that you access via a Decentralized Protocol Integration. Unless otherwise stated, third-party fees are not charged by, nor paid to, FMHI or any other member of the Figure Group. Any fee charged by us or another member of the Figure Group in connection with your use of a Decentralized Protocol Integration or your Digital Asset Wallet will be designated as such, and presented before you submit your transaction.

2.6. Supported Assets. Neither FMHI nor any other member of the Figure Group assumes any responsibility in connection with any attempt to use your Digital Asset Wallet to store, receive or otherwise transact with any digital asset that Figure does not support. We may in our sole discretion terminate support on the Figure Site for viewing or interacting with any particular digital asset you have in your Digital Asset Wallet. As such, if you or a third party sends digital assets to your Digital Asset Wallet from an external wallet, you understand and agree that you may not be able to access such digital assets through the Figure Site. If you obtain in your Digital Asset Wallet a digital asset for which we have terminated support, you may be required to to transfer such digital asset from your Digital Asset Wallet to an external wallet address. Decentralized Services and supported assets may vary by jurisdiction.

2.7. Digital Asset Wallet Recovery. Your private key is stored directly on your device; Figure does not have access to your private key. If you lose or delete the private key that you used to create and secure your Digital Asset Wallet without saving a backup or utilizing the optional backup mechanisms available within the Figure Markets Application, Figure is unable to assist you with recovery of your private key or any digital assets secured by it.

You are strongly encouraged to securely back up your private key and to utilize any backup mechanisms offered within the Figure Markets Application.

3. Access.

Your Digital Asset Wallet and the Decentralized Protocol Integrations (together, the “FMHI Services”) can be accessed directly using the Figure Site. Access to FMHI Services may become degraded or unavailable, including during times of significant volatility or volume. This could result in significant support response time delays. Although we strive to provide you with excellent software service, we do not represent that the Figure Site or FMHI Services will be available without interruption and we do not guarantee that any transaction you attempt to complete using your Digital Asset Wallet will be confirmed, executed, or remain open. Neither FMHI nor any other member of the Figure Group shall be liable for any losses resulting from or arising out of delays in processing transactions, inability to sign or execute transactions, or lack of timely response from customer support. For example, if you are locked out of your Figure account, it is possible that the value or price of the digital assets, including those held in your Digital Asset Wallet, might go down before your access is restored. Neither FMHI nor any other member of the Figure Group shall be liable for any alleged losses that you suffer due to a drop in digital asset values or prices, including any losses resulting in or from the liquidation of your assets in connection with any Third Party Service in which you participate involving lending or borrowing.

4. Privacy.

For more information regarding our collection, use, and disclosure of personal data and certain other data, please see the Figure Markets Privacy Policy.

5. Indemnification.

To the fullest extent permitted by applicable laws, you will indemnify and hold the Figure Group 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 FMHI Services, (b) your violation of these Terms, or (c) your negligence or willful misconduct. If you are obligated to indemnify any member of the Figure Group hereunder, then you agree that FMHI (or, at its discretion, the applicable Figure Group member) will have the right, in its sole discretion, to control any action or proceeding and to determine whether FMHI wishes to settle, and if so, on what terms, and you agree to fully cooperate with FMHI in the defense or settlement of such claim.

6. Warranty Disclaimer.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FMHI SERVICES ARE 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, FMHI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. NO MEMBER OF THE FIGURE GROUP MAKES ANY REPRESENTATIONS OR WARRANTIES THAT (I) ACCESS TO THE FMHI SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, OR TIMELY; (II) THE FMHI SERVICES WILL BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, INCLUDING ANY WALLETS; (III) THE FMHI SERVICES WILL BE SECURE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE; (IV) THE FMHI SERVICES 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) THE FMHI SERVICES WILL PROTECT YOUR ASSETS FROM THEFT, HACKING, CYBER ATTACK, OR OTHER FORM OF LOSS OR DEVALUATION CAUSED BY THIRD-PARTY CONDUCT.

7. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO MEMBER OF THE FIGURE GROUP 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 SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE FMHI SERVICES , WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MEMBER OF THE FIGURE GROUP HAS 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.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY MEMBER OF THE FIGURE GROUP’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE FMHI SERVICES EXCEED THE AMOUNTS YOU HAVE PAID FOR USE OF THE FMHI SERVICES 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 FMHI AND YOU.

IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER APPLICABLE STATE LAWS, 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.

8. Changes to Terms.

We reserve the right, in our sole discretion, to change these Terms at any time and your continued use of the FMHI Services 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 FMHI Services.

9. Notices.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be posted online, on the Figure Site, 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 FMHI Services.

10. Entire Agreement.

These Terms and any other documents incorporated by reference comprise the entire understanding and agreement between you and FMHI 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 FMHI. Section headings in these Terms are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms.

11. Assignment.

We reserve the right to assign our rights without restriction, including, without limitation, to any FMHI affiliates or subsidiaries, or to any successor in interest of any business associated with the FMHI Services. In the event that FMHI 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.

12. Severability.

If any provision of these Terms is determined to be invalid or unenforceable under any local, state or federal law, or any rule 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.

13. Termination; Survival.

We may suspend or terminate your access to and use of the FMHI Services at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the FMHI Services, sections 4 through 19 of these Terms will survive.

14. Governing Law.

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

15. Force Majeure.

We shall not be liable for delays, failure in performance or interruption of service that 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 services or network provider services, failure of equipment and/or software, pandemic, other catastrophe or any other occurrence that is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

16. 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.

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

17.1. Formal Complaint Process. If you have a dispute with us, you agree to first contact Figure Support via our Customer Support page (https://www.figure.com/contact/). If Figure Support is unable to resolve your dispute, you agree to follow the formal complaint process described herein (the “Formal Complaint Process”). Qualified Written Requests, Notifications of Error, or Requests for Information concerning your dispute must be provided in writing and directed to this PO Box address (P.O. Box 40534 Reno, NV 89504) in order to be treated as such. If you would prefer to send a written complaint via mail, please include as much information as possible in describing your complaint, including your support ticket number, how you would like us to resolve the complaint, and any other relevant information to us at P.O. Box 40534 Reno, NV 89504. The Formal Complaint Process is completed when FMHI responds to your complaint or 45 business days after the date we receive your complaint, whichever occurs first. You agree to complete the Formal Complaint Process before filing an arbitration demand or action in small claims court.

17.2 Disputes with Customers Who Reside in the United States or Canada. Class, Collective, Representative, and Mass Action Waiver and Jury Trial Waiver. If you live in the United States or Canada, You and FMHI agree that, except as specified in the class action Arbitration Provision set forth in Appendix 1, each of us may bring claims against the other only on an individual basis and not on a class, representative, or collective basis or as part of a mass action (such as a mass arbitration), and the parties hereby waive all rights to bring or to participate in such actions in arbitration or in court to the maximum extent permitted by applicable law. This provision does not prevent you or FMHI from participating in a class-wide settlement of claims. YOU AND WE AGREE TO WAIVE OUR RIGHTS TO A JURY TRIAL. To the extent that any Dispute proceeds in court, and to the maximum extent permitted by applicable law, you and we agree to waive any right to a jury trial and have such matter resolved by a judge (also known as a bench trial).

17.3 Disputes with Customers Who Reside Outside the United States and Canada. If you do not reside in the United States or Canada, the Arbitration Agreement described 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 Services in a court of competent jurisdiction.

18. General Terms

These Terms constitute the entire and exclusive understanding and agreement between FMHI and you regarding the Services, and any Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between FMHI and you regarding the Services, and any Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the Arbitration Agreement or by a court of competent jurisdiction), then that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by posting to the Site or in the Figure Markets App, and/or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your use of the Services.

These Terms and any action related thereto will be governed by the laws of the state of Delaware in the United States, without regard to Delaware's conflict of laws provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FMHI. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

These Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.

19. Contact Information

If you have any questions about these Terms or the Services, please visit https://www.figure.com/contact/.

APPENDIX 1

Arbitration Agreement

This is an agreement to arbitrate Claims (as defined below) that may arise as a result of utilizing Decentralized Services or this Agreement. Read this agreement to arbitrate carefully. If a dispute arises that is covered by this agreement to arbitrate, the Parties to this agreement (the user and Figure) may be required to resolve the dispute through binding arbitration (collectively referred to as “Parties” and each as a “Party”). This means that a Party will not be able to have the dispute resolved by trial or before a jury. Other rights that a Party would have if the Parties resolved the matter through litigation may not be available or may be more limited in arbitration, including a Party’s right to appeal.

In consideration for Figure’s willingness to provide Decentralized Services and access to Third Party Services described in this Agreement, the Parties mutually agree as follows:

Any claim, dispute or controversy (“Claim”) by either Party against the other arising from or relating in any way to this Agreement, Decentralized Services or Third Party Services, shall, at the demand of any Party, be resolved by binding arbitration by a single arbitrator who shall be an attorney or retired judge.

“Binding arbitration” means an arbitration proceeding according to the rules of either JAMS or the American Arbitration Association (each referred to herein as the “Arbitration Association”). Figure Markets may select which of these Arbitration Associations to use. If Figure fails to select the Arbitration Association within 45 days from either the date of a demand for arbitration or the date one Party receives a demand for arbitration from the other Party, Figure will choose one. Any arbitration proceeding will take place at a location within the federal judicial district that includes Figure’s address at the time the Claim is filed or at any other mutually acceptable location. Any party to the arbitration proceeding may enter judgment upon the arbitration award in any court having jurisdiction over the arbitration award and may have that judgment enforced by any court having jurisdiction over that judgment.

A demand for arbitration under this agreement to arbitrate may be made either before or after a lawsuit or other legal proceeding begins. Neither Party waives the right to arbitrate by filing suit or seeking or obtaining provisional remedies from a court. However, any demand for arbitration that is made after a lawsuit or other legal proceeding has begun must be made within 90 days following the receipt of (i) service of a complaint, (ii) third-party complaint, (iii) cross-claim or counterclaim, or (v) any answer thereto or any amendment to any of the above, whichever is received by the Party first.

This agreement to arbitrate includes all controversies and disputes of any kind between or among the Parties. It also includes any disputes a Party may have with, contractors, employees, officers or assignees or any third party that has been involved or becomes involved with, any activity relating to Decentralized Services or Third Party Services covered by this Agreement (including any such third party that has not signed this Agreement), and for purposes of this agreement to arbitrate the words “we,” “us” and “our” include any and all such third parties.

The Claims covered by this agreement to arbitrate include, without limitation:

Any disputes regarding the enforceability of this agreement to arbitrate or any other aspect of this entire Agreement;

Any disputes regarding: the use of Decentralized Services; any solicitation or advertising materials or disclosures a Party received in connection with these services.
IMPORTANT: NO PARTY WILL HAVE THE RIGHT TO A JURY TRIAL, TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION ASSOCIATION’S RULES, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT (OTHER THAN IN AN ACTION TO ENFORCE THE ARBITRATOR’S AWARD).

FURTHER, NO PARTY WILL HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY
CLAIM SUBJECT TO ARBITRATION.

THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS AND CLAIMS BROUGHT BY A PARTY MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON. (THIS IS CALLED THE “CLASS ACTION WAIVER”.)

OTHER RIGHTS THAT A PARTY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

GOVERNING LAW: The Parties agree that the transactions subject to this agreement to arbitrate involve interstate commerce. Consequently, this agreement to arbitrate shall be governed solely by and enforceable under the Federal Arbitration Act, 9 USC Section 1 et seq.

The cost of any arbitration proceeding shall be divided as follows:

The Party requesting the arbitration proceeding shall pay to the Arbitration Association an amount up to $200.00 when the demand for arbitration is made.

Figure will pay to the Arbitration Association all other costs for the arbitration proceeding up to a maximum of one day (eight hours) of hearings;

All costs of the arbitration proceeding that exceed one day of hearings will be paid by the non-prevailing Party unless otherwise required by applicable rules of the Arbitration Association, applicable law, or by the arbitrator’s decision; and

Each Party shall pay its own attorney, expert and witness fees and expenses, unless otherwise required by law or by the arbitrator’s decision.

Notwithstanding the foregoing, if a Party believes the cost of arbitration may be too burdensome, such Party may seek a waiver of the filing fee and any other charges of the Arbitration Association under applicable rules of the Arbitration Association. If a Party seeks, but does not qualify for such a waiver, the other Party may consider a written request from such Party to advance all or part of the filing fee.

The arbitrator will be required to follow relevant law and applicable judicial precedent to arrive at a decision, and to apply all applicable statutes of limitation. The arbitrator shall have the authority to award in favor of the individual Party seeking relief all remedies permitted by applicable substantive law, including, without limitation, compensatory, statutory and punitive damages (subject to constitutional limits that would apply in court), and attorneys’ fees and costs (subject to any applicable limits that would apply in court).

In addition, the arbitrator may award declaratory or injunctive relief only in favor of the individual Party seeking relief and only to the extent necessary to provide relief warranted in that Party’s individual Claim. If the arbitrator determines that any Claim or defense is frivolous or wrongfully intended to oppress the other Party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other Party (including arbitration administration fees, arbitrator’s fees, and attorney, expert and witness fees), to the extent such fees and expenses could be imposed under Rule 11 of the Federal Rules of Civil Procedure.

The arbitrator’s decision shall be in writing and shall include a concise explanation of the basis of the arbitrator’s decision. The arbitrator’s decision shall become final and binding after 30 days unless a Party takes an appeal from the decision by making a written request to the Arbitration Association. The appeal panel, which will consist of three arbitrators who shall be attorneys or retired judges, will consider all factual and legal issues anew, will conduct the appeal in the same manner as the initial arbitration, and will make decisions based on the vote of the majority.

The Party requesting the appeal shall pay all costs of the appeal process, except that each Party shall pay its own attorney, expert, and witness fees and expenses unless otherwise required by law. The panel’s decision shall be final and binding, and shall be in writing and include a concise explanation of the basis of the panel’s decision. The parties shall maintain the confidential nature of the arbitration proceeding and the arbitrator’s or panel’s decision, except as may be necessary to prepare for or conduct the arbitration proceeding on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an arbitration decision or its enforcement, or unless otherwise required by law or judicial decision.

Unless properly rejected by a Party as described below, this agreement to arbitrate shall survive bankruptcy or insolvency, any forbearance or modification related to the Decentralized Services or Third Party Services governed by this Agreement.

If any provision of this agreement to arbitrate other than the Class Action Waiver described above should be found invalid or unenforceable by a court or arbitrator, such a determination shall not affect the enforceability of the remaining provisions of this Arbitration Agreement, which shall remain and continue in full force and effect. However, if the Class Action Waiver described above is found by a court or arbitrator to be unenforceable, the remainder of this agreement to arbitrate shall be unenforceable.

Parties may contact the Arbitration Associations listed below to obtain information about arbitration, arbitration procedures and fees by calling the telephone numbers or going to their Internet websites indicated below:

JAMS American Arbitration Association 120 Broadway, Floor 21 Suite 350 New York, NY 10271 www.asdr.org 800-352-5267 or 949-224-1810 www.jamsadr.com