Leverage Trading Agreement
Effective Date: March 12, 2026.
Please click here to view the previous version of our Leverage
Trading Agreement.
This Leverage Trading Agreement (this "Agreement") sets forth the terms and conditions upon
which Moonshot
("Moonshot," or "us," "we," "our," or
"ours") agrees to provide access to leverage trading services via our interface that
connects to Jupiter Exchange
(https://jup.ag/perps) through an API integration.
"Moonshot Account" means the trading
account you open with Moonshot for the purpose of accessing and trading on leverage
("Leverage Trade") through the Jupiter Exchange protocol, and for purposes of this
Agreement,
the term "Services" means all websites, mobile apps, platforms, and related services provided to
you by Moonshot for accessing Jupiter Exchange trading functionality.
Leverage Trading involves significant risk of loss beyond losses that may be experienced in
underlying spot markets. Please review our Risk and Other
Disclosures carefully before you
invest.
This Agreement is binding on and shall inure to the benefit of your estate, heirs, executors,
administrators, personal representatives, successors, and assigns. This Agreement is binding
on and shall inure to the benefit of Moonshot's successors and assigns.
Amendment of these Terms: We may amend or modify this Agreement at any time by posting
the revised agreement on the Moonshot Site and/or providing a copy to you (each, a "Revised
Agreement"). Any Revised Agreement shall be effective as of the time it is posted on the
Moonshot Site or provided to you, but will not apply retroactively, unless specifically so stated
and with your acknowledgment. Your continued use of the Services after the posting or
provision of a Revised Agreement constitutes your acceptance of such Revised Agreement. If
you do not agree with the terms of any Revised Agreement, your sole and exclusive remedy is
to terminate your use of the Services and close your Moonshot account.
1. Moonshot Role and Representations
Moonshot operates as an interface that connects users to Jupiter Exchange ©
(https://jup.ag/perps) through API integration
("Jupiter Exchange"). Moonshot is not itself an
exchange or trading venue, but rather provides access to the perpetuals futures trading
functionality offered by Jupiter Exchange. Moonshot is not regulated as a broker, futures
commission merchant, or other regulated intermediary in the United States. Moonshot does not
solicit, negotiate, execute or facilitate trades, nor does it hold, custody or control user funds
directly related to Leverage Trading, as all trading activity occurs directly on the Jupiter
Exchange protocol. Moonshot provides the technical interface, connectivity, and user
experience to allow you to interact with Jupiter Exchange.
2. Jupiter Exchange Protocol
You understand and acknowledge that:
- Jupiter Exchange is a third-party protocol that provides Leverage Trading functionality.
- All Leverage Trades are executed, settled, and maintained on the Jupiter Exchange protocol,
not directly by Moonshot.
- The operation, functionality, and availability of the Jupiter Exchange protocol is controlled by
Jupiter Exchange, not Moonshot.
- Moonshot may be required to update its interface or Services to accommodate changes to
the Jupiter Exchange protocol.
- Moonshot cannot guarantee the continuous operation or availability of the Jupiter Exchange
protocol.
- Any fees charged by the Jupiter Exchange protocol are separate from and in addition to any
fees charged by Moonshot.
3. User Representations, Warranties, and Acknowledgments
- Self-Directed Account. You acknowledge and agree that the Moonshot Account opened with
Moonshot is self-directed and you are solely responsible for all orders of Leverage Trades
placed in the Moonshot Account and you will use your Moonshot Account only for yourself, and
not on behalf of any third party. You acknowledge and agree further that when you enter a
transaction for a Leverage Trade via Moonshot, Jupiter formats your transaction message that is
then sent on-chain to Jupiter Exchange. Moonshot does not accept, transmit or otherwise
handle transaction instructions.
- Non-U.S. Person. You represent that you are, and will be at all times until the
termination of
this Agreement and satisfaction of all obligations hereunder, a non-U.S., non-Canadian, and
non- United Kingdom person and are not located in the United States, Canada, or United
Kingdom or any other restricted jurisdiction as set forth in Moonshot's Terms of Use.
- Legal Capacity. You are of legal age in the jurisdiction in which you reside and
maintain the
capacity and authority to enter into this Agreement.
- No Violation of Law. You represent that Leverage Trades do not and will not violate
applicable law, any other law applicable to you, or any judgment, decree, order, or agreement to
which you or your property is subject. You further represent that your performance of obligations
hereunder are in compliance with applicable law, and you are not the target of applicable
governmental sanctions. You acknowledge and agree that this Agreement is binding on and
enforceable against you in accordance with its terms.
- Contact Information. You are responsible for providing Moonshot with a true, accurate,
and
complete e-mail address and contact information, and keeping such information up to date. You
understand and agree that if Moonshot sends you an electronic Communication but you do not
receive it because your primary email address on file is incorrect, out of date, blocked by your
service provider, or you are otherwise unable to receive electronic Communications, Moonshot
will be deemed to have provided the Communication to you. You may update your information
by logging into your Moonshot Account and visiting settings or by contacting our support team
through our help center.
- Accuracy and Completeness of Information. You represent and warrant that all
information
provided by you to Moonshot and/or its Affiliates (as defined below) is true and correct. You
acknowledge and agree to promptly notify Moonshot by contacting support, or by updating your
Moonshot Account information online, of any change in any such information or any changes in
circumstances which could affect the representations and information provided by you to
Moonshot or would in any way affect your ability to enter into any transactions contemplated
herein, satisfy any obligation hereunder, or comply with any term of this Agreement. Moonshot
may rely on all information you provide to Moonshot or its Affiliates and you agree to provide
Moonshot or its Affiliates with any supplemental information they request within the requested
time frame. "Affiliate" means any entity under common ownership or control with a person.
- Protocol Understanding. You acknowledge that you understand the fundamental operation
of Leverage Trades, including but not limited to funding rates, liquidation mechanisms, and
margin requirements as maintained by Jupiter Exchange.
4. No Advice Regarding Investment, Tax, Trading or Account Type
- None of Moonshot, its Affiliates, or their respective representatives, will: (i) provide you with
investment advice or recommendations; (ii) offer any opinion regarding the suitability of any
Leverage Trade, account type, order, transaction, or investment advisor or strategy; (iii) solicit
any order for the Moonshot Account or service level; (iv) alert you to any recommended change
to your investments, accounts, or services; or (v) provide legal, tax, or accounting advice (the
subsections collectively, "Advice"). Nothing on the Moonshot Site is or shall be deemed
a
recommendation or solicitation to buy or sell Leverage Trades or any other investment products,
or as to the manner in which such Leverage Trades or investment products are bought or sold,
or to engage in any investment strategy.
- You will not seek or rely on any Advice, or any communication that could be construed as
such, from Moonshot, its Affiliates, or their respective representatives. Discussion of
alternatives, such as the different types of Leverage Trades or other products available to you
shall not be deemed "Advice." Because Moonshot does not provide Advice, Moonshot is not
responsible for the suitability or appropriateness of any Leverage Trade, order, trade,
investment, investment strategy, selection of advisor or other activity of User. You are solely
responsible for determining whether any investment, investment strategy or related transaction
is appropriate for you based on your personal investment objectives, financial circumstances
and risk tolerance. You agree that any order submitted to or transaction executed on Jupiter
Exchange via Moonshot's interface is solely your own decision and is based on your own
evaluation of your personal financial situation, needs, and investment objective(s). Moonshot
does not endorse and is not responsible for any advice, representation, content or other
information provided by its Affiliates or third parties, including but not limited to any such
information or third party referenced by or accessed through the Moonshot Site.
- Information accessible to you through Moonshot tools and services (including through links to
outside websites) ("Information") may be prepared and/or provided by third parties
("Providers"). The Information is the property of the Provider or their licensors, who are solely
responsible for its content, and is protected by law. You agree not to reproduce, distribute, sell
or commercially exploit the Information in any manner without written consent of the Provider.
Moonshot reserves the right to terminate access to the Information. None of the Information
constitutes a recommendation by Moonshot or a solicitation to buy or sell. Moonshot, its
Affiliates, and the Providers do not guarantee accuracy, timeliness, or completeness of the
Information, and you should consult an advisor before making investment decisions. Reliance
on information is at your own risk. In no event will Moonshot, any Moonshot Affiliate, or the
Providers be liable for consequential, incidental, special or indirect damages arising from use of
the Information. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
REGARDING THE INFORMATION, INCLUDING WARRANTY OF MERCHANTABILITY,
WARRANTY OF FITNESS FOR A PARTICULAR USE OR WARRANTY OF
NONINFRINGEMENT.
- The tax treatment of Digital Asset transactions is uncertain, and it is your responsibility to
determine what taxes, if any, arise from transactions using the Services under this Agreement.
You are solely responsible for reporting and paying any applicable taxes arising from
transactions using the Services, and acknowledge that Moonshot does not provide investment,
legal, or tax advice governing these transactions. You should conduct your own due diligence
and consult your own tax advisors before making any decisions with respect to Leverage Trade
transactions.
5. Transactions Authorizations
You authorize Moonshot to provide you with an interface to interact with the Jupiter Exchange
protocol. You acknowledge and agree that you will be bound by, and Moonshot may rely upon
and act in accordance with any oral, written or electronic instructions which Moonshot believes
in good faith to have been given by you, with actual or apparent authority for the Moonshot
Account.
6. Applicable Law
All matters relating to this Agreement and any dispute or claim arising therefrom or related
thereto (in each case, including non-contractual disputes or claims), shall be governed by and
construed in accordance with the laws of the Republic of Panama without giving effect to any
choice or conflict of law provision or rule (whether of the Republic of Panama or any other
jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, this will be decided
by Arbitration, following an attempt at conciliation, administered by the Panama Conciliation and
Arbitration Centre (CECAP) in accordance with its procedural rules, by its procedural rules. The
number of arbitrators shall be three. The seat, or legal place, of arbitration, shall be Panama
City. The language to be used in the arbitral proceedings shall be English. The governing law of
the contract shall be the substantive law of the Republic of Panama. The arbitral award shall be
final for the Parties, although we retain the right to bring any suit, action, or proceeding against
you for breach of this Agreement in your country of residence or any other relevant country. You
waive any and all objections to the exercise of jurisdiction over you by such courts and to the
venue in such courts.
7. Collateral, Margin and Liquidations
- Jupiter Exchange Requirements. You understand and acknowledge that all collateral,
margin requirements, and liquidation processes are governed by the Jupiter Exchange protocol.
Moonshot provides an interface to monitor these requirements but does not control or modify
them.
- Margin Monitoring. You agree to monitor your positions on Jupiter Exchange at all times
and
maintain sufficient collateral to meet the margin requirements established by Jupiter Exchange.
Moonshot may display information about margin requirements and liquidation thresholds, but
this information is provided as a courtesy and may not always be accurate or up-to-date due to
delays in data transmission or other technical factors.
- No Margin Calls. Neither Moonshot nor Jupiter Exchange is obligated to notify you of
any
failure to meet margin requirements prior to liquidation of positions. You are solely responsible
for monitoring your positions and maintaining adequate margin.
- Liquidations. You acknowledge and understand that if your positions on Jupiter Exchange
do not maintain sufficient margin, they may be automatically liquidated according to the
protocols established by Jupiter Exchange. Moonshot has no control over these liquidations and
bears no liability for any losses resulting from such liquidations.
- Risk Acknowledgment. You understand and acknowledge that Leverage Trading is highly
risky and may result in a loss of funds greater than the total amount of funds you have
deposited as collateral.
8. Position Limits and Trading Restrictions
- You agree that Moonshot, in its sole and absolute discretion, may impose interface-level
restrictions that limit the number or size of orders that you may place through the Moonshot
interface to Jupiter Exchange. These restrictions may be in addition to any limits imposed by
Jupiter Exchange itself.
- Moonshot may refuse to access Jupiter Exchange through its interface at any time and for
any reason, including but not limited to compliance with applicable law, risk management, or
system capacity limitations.
- You acknowledge that Jupiter Exchange may have its own position limits, order size
limitations, or trading restrictions that Moonshot does not control and for which Moonshot bears
no responsibility.
9. Events of Default and Remedies
An "Event of Default" occurs automatically, without notice, if:
- You violate, breach, repudiate or fail to perform on a timely basis any term, condition,
obligation, or covenant to be performed under this Agreement or the User Agreement, or any
other agreement between you and Moonshot or any Moonshot Party;
- A proceeding is commenced by or against you under any bankruptcy, insolvency, or similar
law, an appointment of a receiver, trustee, liquidator, or similar officer is filed by or against you or
your property, or an assignment for the benefit of your creditors is made;
- Any representation made by you to Moonshot is inaccurate, incomplete, or misleading;
- You die or become legally incompetent; or
- Moonshot believes, in its sole and absolute discretion, that any of the foregoing is likely to
occur imminently.
You acknowledge and agree that upon the occurrence of an Event of Default, without notice,
Moonshot shall have the right, in its sole and absolute discretion and subject to Applicable Law,
in addition to any other remedy available at law or in equity, to terminate your access to the
Moonshot interface.
10. Fees and Charges
Moonshot Fees.
- Platform Fees. A fee charged on the collateral value of each Leverage Trade opened or
closed through the Moonshot interface, at the rate displayed on the Moonshot app at the time of
execution. Platform Fees are charged separately upon opening a position and upon closing a position. The
applicable rate is subject to change at Moonshot's sole discretion and the then-current rate will be
displayed within the Moonshot app prior to execution.
- Network Fees. You are responsible for all blockchain network fees incurred in
connection
with transactions submitted to the Solana network through the Moonshot interface. These fees include:
(i) base transaction fees, charged by the Solana network per transaction submitted to the blockchain;
(ii) account rent, a Solana-native mechanism requiring a minimum balance to be held in on-chain accounts
in order to keep those accounts active on the network; and (iii) priority fees, fees automatically
included by Moonshot in each transaction to increase the likelihood of timely processing and on-chain
settlement given prevailing Solana network conditions. Priority fees are set and applied by Moonshot and
are not optional. Network Fees are determined by the Solana network and Moonshot's operational
requirements, and are subject to change based on network conditions. Moonshot bears no responsibility
for delays or failures in transaction processing that occur, notwithstanding the inclusion of priority
fees.
- Other Interface Fees. Moonshot may charge additional interface fees for other services
or features made available through the Moonshot app, as specified on the Moonshot Site from time to
time.
Jupiter Exchange Fees.
You acknowledge that the Jupiter Exchange protocol charges its own fees for Leverage Trades executed through
the protocol. These fees are separate from and in addition to any fees charged by Moonshot, are set and
collected by the Jupiter protocol through on-chain smart contract logic, and are not controlled by Moonshot.
Jupiter protocol fees currently include the following categories:
- Base Position Fees. A flat fee of 0.06% of the position size, charged upon the opening
and closing of each Leverage Trade. This fee also applies to positions closed via liquidation,
take-profit orders, stop-loss orders, and limit orders.
- Price Impact Fees. A fee charged to simulate the price impact that would occur on a
traditional order book exchange. The price impact fee has two components: (A) a linear fee that scales
with trade size, applied to all trades; and (B) an additive fee applied on top of the linear fee when a
trade increases the imbalance between total long and short open interest beyond a per-asset threshold
set by the protocol. The combined price impact fee is subject to a per-asset maximum cap enforced
on-chain. Price impact fee parameters are set by Jupiter in consultation with its risk partners and are
subject to change.
- Borrow Fees. An ongoing fee that accrues for each open Leverage Trade, reflecting the
cost of borrowing assets from the JLP liquidity pool to support the leveraged position. The borrow fee
is calculated based on pool utilization (the proportion of pool assets currently locked in open
positions), the hourly borrow rate for the relevant asset, and the notional size of the position. Borrow
fees are continuously deducted from your posted collateral and will affect your leverage ratio and
liquidation price over time.
- Swap Fees (if applicable). When a Leverage Trade requires a swap between assets held in
the JLP pool — for example, to convert collateral into the required collateral asset — a swap fee
applies. The base swap fee is 10 basis points (0.10%) for non-stablecoin assets and 2 basis points
(0.02%) for stablecoin assets, applied to the swap amount. The final fee may be higher or lower than the
base rate depending on whether the swap moves the pool's asset composition toward or away from its
target allocation weightings.
- Liquidation Fees. In the event your position is liquidated, any collateral remaining
after the position is closed will be collected by the protocol and distributed to the JLP liquidity pool
as a liquidation fee. You acknowledge that liquidation may result in the loss of your entire posted
collateral.
For a full description of Jupiter protocol fees, see:
https://support.jup.ag/hc/en-us/articles/18735045234588-Fees. Jupiter protocol fees
may be updated by
Jupiter at any time without notice to Moonshot or to you. Moonshot has no control over Jupiter protocol fees
and bears no responsibility for their amount, timing, or impact on your positions.
11. Suspension, Termination, and Cancellation
- Moonshot may suspend, restrict, or terminate your access to any or all of the Services, and/or
deactivate or cancel your Moonshot Account with immediate effect for any reason at its sole and
absolute discretion and is under no obligation to disclose the details of its decision to take such
action with you. If Moonshot elects to suspend, restrict or terminate your Moonshot Account,
you will no longer be able to access Jupiter Exchange through the Moonshot interface, though
you may still be able to access Jupiter Exchange directly through other means not controlled by
Moonshot.
- You may cancel your Moonshot Account at any time by visiting the account settings page.
You will not be charged for canceling your Moonshot Account(s).
- If you elect to cancel your Moonshot Main Account, your Moonshot Account will automatically
be canceled as of the effective date of the cancellation of your Moonshot Main Account.
- Account Termination and Open Positions. If your account is terminated while you have
open positions on Jupiter Exchange, you acknowledge that you will need to manage these
positions directly through Jupiter Exchange or another interface. Moonshot bears no
responsibility for positions that remain open after termination of your account.
12. Service Interruptions and Technical Issues
- No Guarantee of Service. Moonshot does not guarantee uninterrupted access to Jupiter
Exchange through our interface. You acknowledge that the Services may be unavailable from
time to time due to maintenance, technical issues, connectivity problems with Jupiter Exchange,
or factors outside our control.
- Alternative Access. You acknowledge that if the Moonshot interface is unavailable, you
may
need to access Jupiter Exchange directly or through another interface to manage your positions.
It is your responsibility to understand how to access Jupiter Exchange directly if necessary.
- Technical Failures. You assume all risks associated with technical failures, including
but not
limited to delays, failures in transmission, misinterpretation of instructions, or loss of connection.
Moonshot bears no responsibility for losses resulting from such technical failures.
13. Limitation of Liability
- IN NO EVENT SHALL MOONSHOT, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY
OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS,
EMPLOYEES, OR REPRESENTATIVES HAVE ANY LIABILITY TO YOU OR ANY THIRD
PARTY IN CONNECTION WITH ANY USE OF THE MOONSHOT SITE OR THE SERVICES,
OR THIS AGREEMENT, WHICH DOES NOT RESULT SOLELY FROM ITS GROSS
NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT.
- MOONSHOT SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ANY LOSSES, DAMAGES,
OR OTHER ISSUES RELATING TO THE OPERATION, FUNCTIONALITY, OR AVAILABILITY
OF JUPITER EXCHANGE. YOU ACKNOWLEDGE THAT MOONSHOT DOES NOT CONTROL
JUPITER EXCHANGE AND BEARS NO RESPONSIBILITY FOR ANY ACTIONS, ERRORS,
DELAYS, OR FAILURES OF JUPITER EXCHANGE.
- THE 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, MOONSHOT
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. MOONSHOT
DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE
MOONSHOT SITE, ANY PART OF THE SERVICES, OR ANY OF THE MATERIALS
CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR
ERROR-FREE. MOONSHOT DOES NOT GUARANTEE THAT ANY ORDER WILL BE
EXECUTED, ACCEPTED, RECORDED, OR REMAIN OPEN. EXCEPT FOR THE EXPRESS
STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND
AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR
UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND
ACCESS OF THE SERVICES AND THE MOONSHOT SITE.
- WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT
MOONSHOT WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR
RELATING TO: (I) ANY INACCURACY, DEFECT, OR OMISSION OF CONTRACT PRICE
DATA, OR ANY ERROR, DELAY, OR INTERRUPTION IN THE TRANSMISSION OF SUCH
DATA; (II) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR
WEBSITES, SOFTWARE, SYSTEMS OPERATED BY US, OR ON OUR BEHALF OR ANY OF
THE SERVICES OR ANY WEBSITE OR SERVICE LINKED TO OUR WEBSITE; (III)
GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR WEBSITES,
SOFTWARE, SYSTEMS OPERATED BY MOONSHOT OR ITS AFFILIATES OR ON THEIR
BEHALF OR ANY OF THE SERVICES; (IV) A SUSPENSION OR OTHER ACTION TAKEN
WITH RESPECT TO YOUR MOONSHOT ACCOUNT; OR (V) ANY ISSUES, ERRORS,
OMISSIONS, OR FAILURES OF JUPITER EXCHANGE.
- IN NO EVENT SHALL MOONSHOT, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY
OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS,
EMPLOYEES, OR REPRESENTATIVES, BE LIABLE FOR ANY LOST PROFITS, LOSS OF
GOODWILL, OR REPUTATION, LOSS OF DATA, DIMINUTION IN VALUE, OR BUSINESS
OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION, OR BREACH OF DATA, OR ANY
OTHER INTANGIBLE PROPERTY, OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE,
OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH ANY
USE OF THE MOONSHOT SITE OR THE SERVICES, OR THIS AGREEMENT, EVEN IF
MOONSHOT OR ANY MOONSHOT AFFILIATE HAS BEEN ADVISED OF OR KNEW OR
SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND
NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS
ESSENTIAL PURPOSE.
14. Indemnification
You agree to indemnify, hold harmless, and defend the Moonshot Parties from any and all
liabilities, losses, costs, judgments, penalties, claims, actions, damages, expenses or attorneys'
fees (collectively, "Losses") arising from or relating to: (i) your use of the Services or
transactions through Jupiter Exchange; (ii) any action taken in reliance on any representation,
information or instruction received from you; (iii) your breach of this Agreement; (iv) any action
taken by Moonshot to enforce its rights under this Agreement; (v) any inquiry, information
request, or other action by a third party related to your Moonshot account; (vi) any Event of
Default as defined hereunder; or (vii) your violation or infringement of any intellectual property
right held by Moonshot or its Affiliates, except to the extent that such Losses directly result from
Moonshot's gross negligence, fraud, or willful misconduct.
15. General Provisions
- Entire Agreement. The Terms of Use, this Agreement,
including all appendices, agreements,
and policies incorporated herein by reference and the Risk
Disclosures Statement, and any and
all Appendices attached hereto or otherwise available on the Moonshot Site are incorporated by
reference herein comprise the entire understanding and agreement between you and Moonshot
as to the subject matter hereof, and supersede any and all prior discussions, agreements and
understandings of any kind (including without limitation any prior versions of this Agreement),
between you and Moonshot. Section headings in this Agreement are for convenience only and
shall not govern the meaning or interpretation of any provision of this Agreement.
- Assignment. Moonshot reserves the right to assign its rights, without restriction or
limitation, including to
any Affiliate or to any successor in interest of any business associated with the Services. In the event
that Moonshot is acquired by or merges with a third party entity, Moonshot reserves the right, in any of
these circumstances, to transfer or assign the information Moonshot has 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 this Agreement. Any attempted transfer or assignment by you in violation hereof shall be null and
void.
- Severability. If any provision of this Agreement shall be determined to be inconsistent
with,
invalid, or unenforceable under any rule, law, regulation, interpretation or pronouncement of any
local, state, federal government agency, court, or regulator, such provision will be deemed
changed and interpreted to accomplish the objectives of the provision to the greatest extent
possible under Applicable Law and the validity or enforceability of any other provision of this
Agreement shall not be affected.
- Survival. All provisions of this Agreement which by their nature extend beyond the
expiration or termination of this Agreement, including, without limitation, sections pertaining to
suspension
or termination, account cancellation, general use of the Moonshot Site, disputes with Moonshot,
and general provisions, shall survive the termination or expiration of this Agreement.
- Non-Waiver of Rights. This Agreement shall not be construed to waive rights that cannot
be
waived under Applicable Law. In addition, Moonshot's failure to insist upon or enforce strict
performance by you of any provision of this Agreement or to exercise any right under this
Agreement will not be construed as a waiver or relinquishment to any extent of Moonshot's right
to assert or rely upon any such provision or right in that or any other instance.
16. E-Sign Disclosure and Consent
- Electronic Delivery of Communications. You agree and consent to receive electronically
all
communications, agreements, documents, notices, and disclosures (collectively,
"Communications") that Moonshot provides in connection with your Moonshot Account and
your use of the Services. Communications include, without limitation:
- Terms of Use, Privacy Policy and policies you agree to (e.g., this Agreement, the Risk and
Other Disclosures, Referral Terms, any and all Appendices, and each policy incorporated herein
by reference), including any updates to these agreements or policies;
- Account details, history, transaction receipts, confirmations, and any other account or
transaction information;
- Legal and regulatory disclosures or statements Moonshot may be required to make available
to you; and
- Responses to claims or user support inquiries filed in connection with your Moonshot
Account.
Moonshot will provide these Communications to you by posting them on the Moonshot Site,
emailing them to you at the primary email address listed in your profile for your Moonshot
Account, and/or through other electronic communication such as mobile push notification. You
agree that electronically delivered Communications may be accepted and agreed to by you
through the Moonshot Site. Furthermore, the parties consent to the use of electronic signatures
in connection with your use of the Services.
- How to Withdraw Your Consent. Your consent to receive Communication electronically is
effective indefinitely unless withdrawn or revoked by you. You may withdraw or revoke your
consent to receive Communications electronically by contacting Moonshot. If you withdraw your
consent to receive Communications electronically, Moonshot reserves the right to charge you
additional fees for paper copies upon notice.