Infinex Perps – Beta Participation Agreement

1. Beta Version

Infinex's Beta Software is currently being made available to users in its pre-release, "beta" form for the purpose of providing Infinex with feedback on the quality and the usability of the Beta Software in its pre-release form. By using the Beta Software, you agree to be bound by these Terms and all other agreements incorporated by reference herein. Infinex Perps is comprised of Third-Party Services hosted and operated by third parties over which Infinex has no control including without limitation Hyperliquid. Your use of any Third-Party Service made available through the Beta Software is governed by such third parties' terms of use, which are hereby incorporated by reference.

You acknowledge that the Beta Software may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or irreversible loss of your Digital Assets.

Further, you understand, acknowledge, and agree that the Beta Software is being provided "as-is" with respect to its performance, speed, functionality, support, and availability, and that Infinex shall not be responsible for any costs, expenses, losses, or other liabilities you may incur as a result of your use of the Beta Software, including but not limited to any damage to any equipment, software, data, or Digital Assets, or any loss of data, information, or Digital Assets arising from your use of the Beta Software including any Third-Party Services.

YOU AGREE TO ASSUME ALL RISK RELATED TO ANY BUGS, ERRORS, VULNERABILITIES, OR EXPLOITS THAT MAY EXIST IN THE BETA SOFTWARE AND ANY THIRD-PARTY SERVICES, WHETHER FORESEEABLE OR UNFORESEEABLE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OR INTERACTION WITH THE BETA SOFTWARE IS AT YOUR OWN RISK AND INFINEX WAIVES ALL LIABILITY OR RESPONSIBILITY AND MAKES NO WARRANTIES RELATED TO THE BETA SOFTWARE OR ANY THIRD-PARTY SERVICES.

2. Representations & Warranties

By indicating your acceptance to these Terms, or enabling or using the Beta Program, you represent and warrant to Infinex that you:

• Have read, fully understand, and agree to be bound by these Terms, the Terms of Use, and any applicable terms of use for any Third-Party Service involved in the Beta Software and satisfy the eligibility criteria set forth in each of the foregoing;
• Meet all eligibility criteria set forth in Infinex's Terms of Use and in any applicable terms of use for any Third-Party Service involved in the Beta Software;
• Are not a citizen or resident of a Prohibited Jurisdiction (as defined in our Terms of Use);
• Are solely responsible for your compliance with all applicable laws in connection with your participation in the Beta Software;
• Have knowledge sufficient to use, and are informed of all foreseeable risks and the possibility of unforeseeable risks, associated with blockchains, Digital Assets, Web3 Utilities, smart contracts, the Interface, the Wallet, the Services, and Third-Party Services involved in the Beta Software; and
• Are solely responsible for any taxes due and payable in connection with your participation in the Beta Software, including with respect to your transfer or disposition of any Digital Assets through the Beta Software.

3. Dispute Resolution; Binding Arbitration; Class Arbitration Waiver

By using the Beta Software and indicating your agreement to these Terms, you understand and agree that any disputes arising out of your use of the Beta Software shall be resolved through arbitration in accordance with Infinex's Terms of Use.