Last updated 11 September 2026.
THESE TERMS INCLUDE A WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AS WELL AS A MANDATORY ARBITRATION CLAUSE THAT GOVERNS RESOLUTION OF CERTAIN DISPUTES AND WAIVES YOUR RIGHT TO SUE IN COURT OR HAVE A TRIAL BY JURY. PLEASE READ SECTION 15 CAREFULLY.
THE WEBSITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. MONOLITH IS A PRE-LAUNCH COMPANY. NO TRADING VENUE, PRODUCT, OR SERVICE DESCRIBED ON THE WEBSITE IS CURRENTLY OPERATIONAL OR OFFERED. MONOLITH IS NOT CURRENTLY REGISTERED, DESIGNATED, OR LICENSED BY THE U.S. COMMODITY FUTURES TRADING COMMISSION OR ANY OTHER REGULATORY AUTHORITY. NOTHING ON THE WEBSITE CONSTITUTES AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY, FUTURES CONTRACT, SWAP, OR OTHER FINANCIAL INSTRUMENT OR PRODUCT, OR ANY INVESTMENT, LEGAL, TAX, OR OTHER PROFESSIONAL ADVICE. PLEASE READ SECTION 3 CAREFULLY.
1. Introduction
These Website Terms of Use (these “Terms” or this “Agreement”) are a contract between you and Monolith Institutional LLC (“Monolith,” “we,” “our,” or “us”) and govern your access to and use of the website located at https://monolith.finance/ and all related pages and components (the “Website”), including the enquiry form made available on the Website (the “Enquiry Form”), and such other content, features, and online services provided by Monolith through the Website from time to time (collectively, the “Services”).
By accessing or using any portion of the Services, you agree to comply with and be bound by these Terms and any materials expressly incorporated herein. If you do not agree to these Terms, you are not authorized to access or use the Services and should not use the Services.
2. Amendments to this Agreement
Monolith reserves the right to amend this Agreement and/or any policies that govern the Services from time to time and in our sole discretion. Any changes will be effective immediately upon posting of the revisions to the Website, and you waive any right you may have to receive specific notice of such changes or modifications. By continuing to use the Services after any changes are posted, you agree to be bound by those changes. If you do not agree to the changes, you must stop using the Services.
3. Informational Purposes Only; No Offer; Regulatory Status
The Website describes a business and products that Monolith is developing, including an institutional trading venue for cash-settled perpetual futures contracts that Monolith intends to operate as a designated contract market registered with the U.S. Commodity Futures Trading Commission (the “CFTC”). As of the date of these Terms, no such trading venue is operational, no products are listed or offered, and no application, registration, or designation has been granted by the CFTC or any other regulatory authority. Monolith makes no representation that any such registration or designation will be obtained, or as to the timing, structure, or features of any future product or service.
All content on the Website is provided for general informational purposes only. Nothing on the Website constitutes, and nothing on the Website should be relied upon as: (a) an offer to sell, or a solicitation of an offer to buy, any security, futures contract, swap, derivative, or other financial instrument or product in any jurisdiction; (b) a recommendation, solicitation, or inducement to engage in any trading or investment activity or strategy; (c) investment, legal, tax, accounting, or other professional advice; or (d) a representation that any product or service described on the Website is or will be available in any jurisdiction, or available to you. Statements on the Website regarding Monolith’s plans, intentions, expectations, or anticipated products are forward-looking in nature, are subject to change without notice, and may never be realized.
You are solely responsible for evaluating the information presented on the Website and for any decision you make in reliance on it. You should consult your own professional advisers before taking, or refraining from, any action on the basis of content appearing on the Website.
4. Eligibility
The Services are intended for use by persons acting in a business or professional capacity. In connection with your access to and use of the Services, you represent and warrant that you are at least 18 years old, or the minimum legal age deemed capable of forming a binding contract with Monolith in your jurisdiction. If you are accessing or using the Services on behalf of a legal entity or other organization, you represent and warrant that you are authorized to agree to these Terms on behalf of that entity or organization and that you have the power and authority to bind that entity or organization to these Terms. The Website is not directed to children, and persons under 13 years old may not use the Services.
You represent and warrant to Monolith that you are not a “Restricted User,” which is any individual, legal entity, or organization who or that is:
- located in, under the control of, or a resident of any jurisdiction that is comprehensively sanctioned or embargoed by the United States, the United Nations, or the United Kingdom;
- a resident, national, or agent of Cuba, certain sanctioned areas of Russia and Ukraine (including without limitation, Crimea, the so-called region of Donetsk, the so-called region of Luhansk, and the so-called region of Zaporizhzhia), Democratic People’s Republic of Korea (North Korea), Iran, or Syria;
- a citizen or resident of, located in, or organized in a jurisdiction where your access to or use of the Services would be illegal or violate applicable law; or
- subject to any export restriction, end-user restriction, anti-terrorism law, anti-money laundering law, economic sanction, financial sanction, or trade embargo imposed, administered, or enforced by the United States Department of the Treasury’s Office of Foreign Assets Control, United States Department of State, United States Department of Commerce, United Nations Security Council, or any other applicable national, regional, provincial, state, municipal, or local law or regulation.
5. The Services
The Services currently consist of: (a) an informational website containing descriptions of Monolith’s business and intended products and general company content; and (b) the Enquiry Form, through which a visitor may voluntarily submit contact details and an enquiry to Monolith and may elect to receive marketing communications.
The Services do not require registration and no user accounts are offered. Every visitor has access to the same content, and submitting the Enquiry Form does not create an account or grant access to any additional content, product, or service. The Services do not support, offer, list, quote, hold, transfer, or transact in any digital asset, cryptocurrency, or other asset, and no transaction of any kind, whether in digital assets, fiat currency, or otherwise, can be entered into or executed through the Services.
We may change, supplement, suspend, or discontinue all or any part of the Services at any time, at our sole discretion and without notice.
6. Enquiry Form and Submissions
Submitting the Enquiry Form is entirely voluntary. If you choose to submit the Enquiry Form, you may be asked to provide your name, organization, work email address, an enquiry type, and an optional free-text message (collectively, a “Submission”).
You represent and warrant that any Submission you make: (a) is truthful and accurate; (b) is yours to submit, and does not infringe, misappropriate, or violate the intellectual property, privacy, publicity, or other rights of any third party; and (c) does not contain any content that is unlawful, defamatory, abusive, harassing, threatening, obscene, or otherwise objectionable, or any malicious code. You agree not to submit any confidential, proprietary, or sensitive information through the Enquiry Form. No confidential, fiduciary, or other special relationship is formed between you and Monolith by reason of any Submission, and Monolith has no obligation to respond to, act upon, or retain any Submission.
By making a Submission, you grant Monolith a non-exclusive, worldwide, royalty-free license to use, reproduce, and process the Submission for the purposes of reviewing and responding to your enquiry, administering our relationship with you, operating and improving the Services, and, where you have opted in, sending you marketing communications. You may unsubscribe from marketing communications at any time using the mechanism provided in those communications.
7. Third Party Services
The Services incorporate or rely upon products, services, software, and infrastructure provided by third parties (“Third Party Services”), including third-party hosting infrastructure and a third-party customer relationship management platform that supplies the embedded Enquiry Form, associated website analytics and tracking technologies, and marketing email functionality. When you view the Website or submit the Enquiry Form, information about you may be collected, received, stored, and processed by such third parties, and third-party code may load in your browser. The Website may also contain links to third-party websites or resources.
Third Party Services are governed by their providers’ own terms and privacy policies, which we do not control. Monolith does not endorse, is not responsible for, and makes no representation or warranty regarding any Third Party Service, including its availability, accuracy, security, or handling of your information. To the maximum extent permitted by applicable law, you waive and release Monolith and its affiliates, and each of their respective officers, directors, employees, agents, and successors, from any and all claims, demands, and damages of every kind or nature arising out of or in any way related to your access to or use of, or your inability to access or use, any Third Party Service.
8. Intellectual Property Rights
Monolith Materials
The Services and all of their contents, including without limitation website copy, text, design, layout, graphics, logos, brand assets, images, and any technical or product documentation published on the Website, and all software, code, and other materials used to provide the Services (collectively, the “Monolith Materials”), are owned by Monolith or its licensors and are protected by copyright, trademark, and other intellectual property laws. Certain components of the Services may be provided under open-source or other third-party licenses; nothing in these Terms grants you any right or license in any Third Party Service or third-party software.
Rights We Grant You
Subject to your compliance with these Terms, Monolith grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Website and the Monolith Materials solely for your own informational purposes. No other right or license is granted to you, whether by implication, estoppel, or otherwise.
Limitations on Use
Except as expressly permitted by these Terms or with Monolith’s prior written consent, you may not copy, reproduce, distribute, republish, download, display, post, transmit, sell, license, modify, create derivative works from, or otherwise exploit the Monolith Materials, in whole or in part, in any form or by any means.
Reservation of Rights
Monolith and its licensors reserve all rights not expressly granted to you in these Terms. Nothing in these Terms transfers any ownership interest in any Monolith Materials to you.
Trademarks
“Monolith,” “Windhelm Labs,” the Monolith Institutional LLC name, and all related names, logos, product and service names, designs, and slogans are trademarks of Monolith or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
Copyright Complaints
If you believe that any content on the Website infringes your copyright or other intellectual property rights, please notify us at compliance@windhelm.finance with a description of the material, its location on the Website, your contact information, and a statement of your good-faith belief that the use is not authorized. We will review and respond to complaints as appropriate.
9. Prohibited Uses
You may access and use the Services only for lawful purposes and in accordance with these Terms. You agree that you will not, and will not attempt to:
- use the Services in any way that violates any applicable federal, state, local, or international law or regulation, or for any unlawful, fraudulent, or malicious purpose;
- use the Services to transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material, or any content described in Section 6 as prohibited in a Submission;
- impersonate or misrepresent your affiliation with any person or entity, including in any Submission;
- use any robot, spider, scraper, or other automated means to access the Services, or harvest or collect information from the Services, except as permitted by our robots.txt file or with our prior written consent;
- introduce any virus, trojan horse, worm, logic bomb, or other malicious or technologically harmful material to the Services;
- attempt to gain unauthorized access to, interfere with, damage, disrupt, or overburden the Services, the servers on which the Services are hosted, or any server, computer, database, or network connected to the Services, including through denial-of-service attacks, rate abuse, or spam submissions;
- circumvent, disable, or otherwise interfere with any security-related feature of the Services, or any measure Monolith uses to restrict access to the Services, including any block of an internet protocol address; or
- infringe, misappropriate, or violate the intellectual property or other rights of Monolith or any third party in connection with your use of the Services.
10. Changes, Suspension, and Termination
Monolith may, at its sole discretion and without notice or liability: (a) change, suspend, or discontinue all or any part of the Services; (b) restrict, block, or terminate any person’s access to all or any part of the Services, including by blocking any internet protocol address or range; and (c) decline to respond to, or delete, any Submission. Monolith may take any of these actions for any reason or no reason, including where Monolith believes a person has violated these Terms, engaged in abusive activity, or created risk or possible legal exposure for Monolith.
Monolith will not be liable to you or to any third party for any change, suspension, discontinuance, restriction, or termination of the Services or your access to them. All sections of these Terms that by their nature should survive termination shall survive, including without limitation Sections 8 and 12 through 17.
11. Charges and Fees
The Services are currently made available free of charge, and Monolith does not collect any payment of any kind through the Services. You are responsible for all fees charged by third parties in connection with your access to the Services, including internet, data, and mobile carrier charges. Monolith reserves the right to introduce fees for any future product or service, which would be governed by separate terms.
12. Warranty Disclaimer
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MONOLITH, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, MAN-IN-THE-MIDDLE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, THE WEBSITE, OR THE MONOLITH MATERIALS, AND ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF MONOLITH THROUGH THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD-PARTY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES AND ANY SERVICES CONTENT IS AT YOUR SOLE RISK. THE SERVICES, THE MONOLITH MATERIALS, THE WEBSITE, AND ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF MONOLITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, IN NO EVENT WILL MONOLITH, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR, AND EXPLICITLY DISCLAIM, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO THE SERVICES, THE MONOLITH MATERIALS, OR ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF MONOLITH, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER MONOLITH, ITS AFFILIATES, AND SERVICE PROVIDERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, THE MONOLITH MATERIALS, AND/OR ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF MONOLITH.
MONOLITH, ITS AFFILIATES, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND REPRESENTATIVES DO NOT REPRESENT OR WARRANT THAT: (A) ACCESS TO THE SERVICES, THE MONOLITH MATERIALS, THE WEBSITE, AND ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF MONOLITH WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, WITHOUT DELAY, ERROR-FREE, SECURE, OR FREE FROM DEFECTS; (B) THE INFORMATION CONTAINED OR PRESENTED ON THE SERVICES, THE MONOLITH MATERIALS, OR THE WEBSITE IS ACCURATE, RELIABLE, COMPLETE, CONCISE, CURRENT, OR RELEVANT; (C) THE SERVICES, THE MONOLITH MATERIALS, THE WEBSITE, AND ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF MONOLITH OR ANY SOFTWARE CONTAINED THEREIN WILL BE FREE FROM DEFECTS, MALICIOUS SOFTWARE, ERRORS, OR ANY OTHER HARMFUL ELEMENTS, OR THAT ANY OF SUCH WILL BE CORRECTED; OR (D) THE SERVICES, THE MONOLITH MATERIALS, THE WEBSITE, AND ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF MONOLITH WILL MEET ANY USER’S EXPECTATIONS. NO INFORMATION OR STATEMENT THAT WE MAKE, INCLUDING DOCUMENTATION OR PRIVATE COMMUNICATION, SHOULD BE TREATED AS OFFERING ANY WARRANTY CONCERNING THE SERVICES, THE MONOLITH MATERIALS, OR THE WEBSITE, AND ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF MONOLITH. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY CONTENT, ADVERTISEMENTS, OFFERS, STATEMENTS, OR ACTIONS BY ANY THIRD PARTY EITHER REGARDING THE SERVICES, THE MONOLITH MATERIALS, THE WEBSITE, AND ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF MONOLITH. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MONOLITH, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, THE MONOLITH MATERIALS, THE WEBSITE, AND/OR ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF MONOLITH, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS DISCLAIMER OF LIABILITY EXTENDS TO ANY AND ALL DAMAGES CAUSED BY ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY FRAUD, DECEIT, OR MANIPULATION), WHETHER OR NOT A USER, OR ANY FAILURE, EXPLOIT, OR VULNERABILITY OF THE SERVICES, THE WEBSITE, THE MONOLITH MATERIALS, AND ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF MONOLITH.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MONOLITH AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID DIRECTLY TO MONOLITH FOR THE APPLICABLE SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Indemnification
You agree to defend, indemnify, and hold harmless Monolith, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services, including any Submission you make; (c) your use of or reliance on any information obtained from the Services; and/or (d) your access to or use of any Third Party Service.
15. Dispute Resolution; Waiver of Class Action and Mandatory Arbitration
Waiver of Class Actions and Right to Jury Trial
To the extent permissible by law, any claim, controversy, or dispute arising out of or related to this Agreement, or any products or services provided in connection with the Services (each, a “Dispute”) must be brought in your individual capacity, and not as a plaintiff or class member in any putative class, collective action, or representative proceeding (collectively, the “Class Action Waiver”). The arbitrator may not consolidate more than one person’s claims or engage in any arbitration on behalf of a class. You agree that, by entering into this Agreement, you are waiving the right to a trial by jury and the right to participate in a class action.
Informal Resolution
Before filing a claim against Monolith, you agree to try to resolve the Dispute by first emailing compliance@windhelm.finance with a description of your claim and proof of your relationship with Monolith. If we cannot resolve the Dispute within sixty days of our receipt of your first email, you or Monolith may then submit the Dispute to binding arbitration as provided herein.
Arbitration Agreement
All Disputes between you and Monolith must be resolved by final and binding arbitration. By agreeing to binding arbitration, you and Monolith expressly waive the right to formal court proceedings including without limitation trial by jury and class action. This Agreement affects interstate commerce, and the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”).
Conducting Arbitration
The arbitration shall be conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (the “AAA Rules”) then in effect. If you are a consumer, the most recent version of the AAA Rules can be accessed on the AAA’s website. These Terms shall govern any conflict between the AAA Rules and these Terms. The location and type of hearing shall be determined in accordance with the AAA Rules. Further, a party’s right to request a hearing shall also be determined in accordance with the AAA Rules. Unless otherwise ordered by an arbitrator or pursuant to the AAA Rules, any in-person arbitration shall be in English and held remotely to the maximum extent and administered in New York, New York, or another mutually agreeable location.
Confidentiality
Monolith, the arbitrator, and you will each maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information shared and produced during the arbitration.
Arbitration Time for Filing
Any arbitration must be commenced by filing a demand for arbitration within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. If a claim is not filed within such period, the Dispute is permanently barred.
Severability of this Section
If any portion of this Section 15 is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision shall be severed from these Terms, and such severance of the provision(s) shall have no impact whatsoever on the remainder of this Section 15. Further, to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Lastly, if any provision in this Section 15 is found to prohibit an individual claim seeking public injunctive relief, such provision shall have no effect to the extent relief is allowed to be sought outside of arbitration. The remainder of this Section 15 shall remain in full force and effect.
Modification
Notwithstanding any term or provision in this Agreement to the contrary, you and Monolith agree that if Monolith makes any future material change to this Section 15, Monolith will notify you. Your continued use of the Services following the posting of changes to this Section 15 constitutes your acceptance of any such changes.
16. Governing Law
These Terms and any Dispute shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Subject to and without waiver of Section 15, any judicial proceeding permitted under these Terms shall be brought exclusively in the state or federal courts located in the State of Delaware, and you consent to the jurisdiction of and venue in such courts.
17. Miscellaneous
Assignment
These Terms, and any other document, material, or information referenced herein, are particular to you, and any attempt that you make to assign, novate, or transfer your rights, interests, liabilities, and/or obligations is null and void, unless you have received Monolith’s prior written consent. Monolith reserves the right to assign our rights without restriction, including without limitation to any of Monolith’s affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their successors and permitted assigns.
Term and Survival
This Agreement will remain in effect for as long as you access the Services. We reserve the right to change, suspend, discontinue, or terminate, restrict, or disable your use of or access to parts or all of the Services or their functionality at any time at our sole discretion and without notice. All sections of this Agreement that by their nature should survive termination shall survive termination.
Nonwaiver of Rights
Monolith’s failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
Severability
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation, or by any governmental agency, whether local, state, or federal, such provision shall be 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.
Force Majeure
You acknowledge and consent that the Services are provided by us according to our current technological capability and other business conditions. While we have made every effort to ensure continuity and security of the Services, we are unable to completely foresee and hedge against all legal, technological, and other risks.
Monolith shall not be held liable for delays, failure in performance, or interruption of Services that result directly or indirectly from any cause or condition beyond our reasonable control. Such instances include: (a) acts of God such as earthquakes, fires, cyclones, explosions, typhoons, monsoons, landslides, lightning, storms, tempests, pandemics, droughts, or meteors; (b) acts of war, whether declared or undeclared, including invasion, act of a foreign enemy, hostilities between nations, civil insurrection, or militarily usurped power, and acts of terrorism; (c) civil disorder, such as acts of a public enemy, malicious damage, terrorism, sabotage, or civil unrest; (d) embargoes or sanctions (such as confiscation, nationalization, requisition, expropriation, prohibition, restraint, or damage to property by or under the order of any government or governmental authority); (e) unnatural disasters, such as ionizing radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel; (f) labor disputes, including strikes, blockades, lock-outs, or other industrial disputes; (g) failure of telecommunication outlets, including the internet, communications networks and facilities, or other infrastructure, systems, operations, or equipment relevant to the provision or use of the Services; (h) data breaches or data-processing failure or incomplete processing; and/or (i) changes in laws or regulations that may materially affect the commodities, derivatives, and/or financial technology industries (collectively, “Force Majeure Events”).
Notice
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be posted online, in the Services, 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 Services.
Privacy
To understand how Monolith collects, uses, and shares information about you, please review our Privacy Policy, available at monolith.finance/privacy.
Third Party Beneficiaries
Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties and their successors and permitted assigns, any of the rights hereunder.
Entire Agreement
These Terms and every other term or provision applicable to you, including any document incorporated by reference herein, constitute the entire agreement and understanding between you and Monolith as to the subject matter hereof, and supersede any and all prior discussions, agreements, and understandings of any kind (including any prior versions of these Terms). Unless otherwise specifically stated, these Terms govern and control any conflict between these Terms and any other agreement you may have with Monolith.
Translation
These Terms are set forth in the English language, and all communications, including any notices or information being transmitted, shall be in English. In the event that these Terms or any part of them are translated (for any proceedings, for your convenience, or otherwise) into any other language, the English language text of these Terms shall prevail.
18. Contact Information
If you have any questions about these Terms or the Services, please contact us at compliance@windhelm.finance.