Airdrop Terms and Conditions

Last Updated: 17 March, 2026

These Airdrop Terms and Conditions (these "Terms") govern your participation in the distribution of PRL tokens to eligible participants (the "Airdrop") conducted by Lumen ServiceCo (BVI) Ltd., a British Virgin Islands business company ("Lumen," "we," "our," or "us"). The Airdrop registration page is located at https://register.perle.xyz/ (the "Registration Page"). Capitalized terms not otherwise defined herein have the meanings given to them in Section 1.

These Terms constitute a legally binding contract between you and Lumen. By checking the box or clicking the button indicating your acceptance of these Terms on the Registration Page, connecting your digital wallet, completing the registration process, or claiming Tokens, you (a) signify that you have read, understand, and agree to be bound by these Terms, (b) acknowledge that we may obtain personal data about you, including directly from you or from third parties, and that you have read and understood our Privacy Policy available at https://www.perle.xyz/privacy , which describes how we process personal data in accordance with applicable data protection laws, and (c) represent and warrant that you have the right, authority, and capacity to enter into these Terms and that you are at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is higher. If you are entering into these Terms on behalf of an entity, you represent to us that (i) you are an authorized representative of and have the legal authority to bind such entity to these Terms and (ii) you are entering into these Terms on such entity's behalf. If you do not agree, you are not authorized to participate in the Airdrop.

SECTION 11.2 (DISPUTE RESOLUTION; ARBITRATION) CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION/JURY TRIAL WAIVERS WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH SECTION 11.2(f), (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST LUMEN ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU AGREE TO MANDATORY INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS.

NOTHING IN THESE TERMS OR THE AIRDROP CONSTITUTES AN OFFER, OR THE SOLICITATION OF AN OFFER, TO BUY OR SELL ANY SECURITIES. THESE TERMS, AND ANY INFORMATION PROVIDED ABOUT OR IN CONNECTION WITH THE AIRDROP, DO NOT CONSTITUTE INVESTMENT ADVICE OR A RECOMMENDATION REGARDING SECURITIES. RECEIVING, HOLDING, OR TRANSFERRING DIGITAL ASSETS, INCLUDING BUT NOT LIMITED TO ANY TOKENS, MAY NOT BE PERMITTED WHERE YOU RESIDE. YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS.

• DEFINITIONS

As used in these Terms, the following capitalized terms have the meanings set forth below:

• 1. "Applicable Laws" means all applicable local, state, national, and international laws, rules, and regulations, including, without limitation, any applicable sanctions laws, export control laws, securities or other financial regulatory laws, anti-money laundering laws, counter-financing of terrorism laws, counter-proliferation financing laws, privacy laws, and tax laws.
  • "Claim Period" means the period during which Eligible Participants may claim Tokens, as specified on the Registration Page.
  • "Eligible Participant" means an individual or entity that satisfies the eligibility requirements set forth in Section 2.
  • "KYC Provider" means the third-party identity verification service provider designated by Lumen from time to time.
  • "Perle Tokens" or "Tokens" means PRL tokens native to the Perle protocol distributed pursuant to the Airdrop.
  • "Restricted Territory" has the meaning set forth in Section 2.3.
  • "Sanctions" has the meaning set forth in Section 2.3.
  • "Sanctioned Person" has the meaning set forth in Section 2.3.
  • "Third-Party Services" means products, services, or content provided by third parties that are not owned or controlled by Lumen, including without limitation digital wallet providers, identity verification services, blockchain explorers, and social media platforms.
  • "U.S. Person" means any natural person residing in the United States or any entity organized or incorporated under the laws of the United States.
  • "Wallet" means a Solana-compatible digital wallet, whether self-custodial or provided through an embedded wallet service provided by a third party.

• ELIGIBILITY REQUIREMENTS; REGISTRATION

  • Airdrop Eligibility
    • You may participate in the Airdrop only if you: (i) are at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is higher (in the case of individuals); (ii) have the full right, capacity, power, and authority to form a legally binding contract with Lumen; (iii) are not located in, organized in, or a resident of a Restricted Territory; (iv) are not a Sanctioned Person; (v) are not prohibited from participating under Applicable Laws; (vi) satisfy the additional eligibility criteria specified on the Registration Page; and (vii) are not a U.S. Person.
    • Lumen reserves the sole and absolute discretion to determine eligibility, including the right to disqualify any participant for any reason, including without limitation suspected fraudulent activity, failure to complete identity verification, or ineligibility under Applicable Laws.
  • Registration and Claim Process
    • To participate in the Airdrop, you must complete the following steps during the Claim Period: (i) connect a compatible Wallet; (ii) pass the eligibility check; (iii) complete task verification and proof-of-humanity verification; (iv) connect your applicable social media accounts; and (v) submit your registration.
    • Lumen reserves the right to modify, suspend, or cancel the Airdrop, or to modify the registration process, Claim Period, or distribution schedule, at any time and for any reason without liability to you.
    • Tokens will be distributed to your Wallet following successful completion of registration and any required identity verification. Lumen makes no guarantee regarding the timing of distribution.
  • Sanctions and AML Representations

Without limiting any other section of these Terms, by participating in the Airdrop you represent and warrant that:

• You are not, and for the duration of your participation will not be, (i) an individual or entity that is, or that is owned or controlled by, the subject of economic or trade sanctions administered or enforced by any governmental authority ("Sanctions"), or designated on any list of prohibited or restricted parties, including but not limited to the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), the Consolidated List of Financial Sanctions Targets maintained by His Majesty's Treasury of the United Kingdom, the Consolidated List of Persons, Groups and Entities Subject to EU Financial Sanctions, or any similar list maintained by the United Nations Security Council (a "Sanctioned Person"), or (ii) located, organized, or resident, or owned or controlled by any person that is located, organized or resident in any country or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic Sanctions which, as of the "Last Updated" date of these Terms, include, without limitation, Cuba, the Crimea region of Ukraine, the so-called Donetsk People's Republic and Luhansk People's Republic of Ukraine, Iran, and North Korea, and any other jurisdiction that is targeted for comprehensive Sanctions after this date (a "Restricted Territory");

• You do not intend to, and will not, transact with any Sanctioned Person or any person located in, or owned or controlled by any person located in, any Restricted Territory;

• You are not acting on behalf of, or for the benefit of, any Sanctioned Person or any person located in, or owned or controlled by a person located in, a Restricted Territory;

• You do not, and will not, use a Virtual Private Network (VPN) or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Airdrop;

• You either own, or are authorized to use and carry out all actions using, the Wallet you use in connection with the Airdrop;

• You are not a U.S. Person;

• You are not participating in the Airdrop to launder money, finance terrorism, or engage in any other illegal financial activity; and

• You agree to promptly notify Lumen if any of the foregoing representations becomes untrue, and immediately cease participation in the Airdrop.

  • Identity Verification. Lumen may require you to complete identity verification through a KYC Provider as a condition of claiming Tokens. You agree to cooperate with any verification requests in a truthful, complete, and timely manner.
  • Prohibited Conduct. You agree that you will not: (a) use any bots, scripts, or other automated means to register for or claim Tokens; (b) create multiple accounts, Wallets, or identities to claim Tokens more than once or to circumvent eligibility restrictions; (c) provide false, misleading, or fraudulent information during registration or identity verification; (d) attempt to probe, scan, or test the vulnerability of the Registration Page or any related systems; (e) use the Airdrop to violate, evade, or circumvent any applicable Sanctions, export controls, or trade restrictions; or (f) participate in the Airdrop in any way that violates Applicable Laws.
  • Forfeiture and Clawback. Lumen reserves the right, in its sole discretion, to revoke your eligibility, withhold Tokens, or require the return of Tokens already distributed if: (a) you are found to have been ineligible at the time of registration or claim; (b) you fail to complete required identity verification; (c) you engaged in any prohibited conduct described in Section 2.5; (d) you breached any representation, warranty, or covenant in these Terms; or (e) Lumen determines that distribution to you would violate Applicable Laws. You acknowledge that Lumen may implement technical measures, including smart contract mechanisms, to effectuate forfeiture or clawback of Tokens.

• WALLET REQUIREMENTS

  • Compatibility. To receive Tokens, you must connect a compatible Wallet. Lumen does not endorse, recommend, or guarantee any particular Wallet provider. Your use of any Wallet is governed by the applicable provider's terms of service, and Lumen is not responsible for the security, operation, or availability of any Third-Party Services, including Wallet providers.
  • Self-Custody. Tokens are distributed to self-custodial Wallets. Lumen does not custody Tokens on your behalf and has no ability to recover, reverse, or modify on-chain transactions.
  • Security and Accuracy. You are solely responsible for the security of your Wallet, seed phrase, and private keys. Lumen will never ask for your private keys or seed phrase. If you lose access to your Wallet, you will permanently lose access to any Tokens stored therein, and Lumen has no ability to recover such Tokens. You are solely responsible for ensuring that any Wallet address you provide is accurate. Lumen is not responsible for Tokens sent to an incorrect address.

• TOKENS

  • Token Nature
    • Tokens distributed pursuant to the Airdrop are intended solely as a mechanism to facilitate participation in the Perle protocol ecosystem and are not intended to be, and should not be viewed as, an investment or a financial instrument.
    • You acknowledge and agree that: (i) you are not participating in the Airdrop as an investment or with any expectation of profit; (ii) Tokens are not compensation for services, labor, or any other activity; (iii) you have no expectation that Tokens will increase in value or generate any return; (iv) any market value that Tokens may have is subject to extreme volatility and may decline to zero; (v) you do not expect to profit from the entrepreneurial or managerial efforts of Lumen, its affiliates, or any third party; and (vi) Tokens do not constitute securities, investment contracts, equity interests, debt instruments, or any other form of financial instrument under the laws of any jurisdiction.
  • No Secondary Market Guarantee; Volatility
    • Lumen makes no guarantee that Tokens will be listed on any exchange or that any secondary market for Tokens will exist or develop. You should not participate in the Airdrop with the expectation of selling or trading Tokens.
    • The markets for digital assets are nascent and highly volatile. The value of Tokens may fluctuate dramatically over short periods and may decline to zero. You should not acquire or hold Tokens unless you are prepared to lose your entire position.
  • Taxes. You are solely responsible for: (a) determining any tax implications arising from your participation in the Airdrop or receipt of Tokens, and (b) reporting and paying all applicable taxes, duties, and levies in connection with the Airdrop and any Tokens received, in accordance with the laws of all applicable jurisdictions. Lumen will not withhold any taxes from distributions. Lumen may provide tax forms or information as required by Applicable Laws but makes no representation as to the tax treatment of Tokens.

• INTELLECTUAL PROPERTY

The Registration Page and all content, features, and functionality thereof are owned by Lumen, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Neither these Terms nor your participation in the Airdrop transfers to you or any third party any rights, title, or interest in or to such intellectual property rights. You agree that you will not reproduce, distribute, modify, or create derivative works of any content on the Registration Page.

• DISCLAIMERS AND REGULATORY MATTERS
  • Not Registered with Any Governmental Agency. Neither Lumen, the Lumen Foundation nor any of their respective subsidiaries is (i) registered with the U.S. Securities and Exchange Commission, the U.S. Commodity Futures Trading Commission, or any other governmental agency as a national securities exchange, broker-dealer, investment adviser, or money services business, or (ii) licensed by the BVI Financial Services Commission, or by any other governmental authority in any jurisdiction in the world.
  • No Investment Advice. Lumen does not and will not provide any business, investment, financial, legal, or tax advice in connection with the Airdrop or Tokens or any recommendation that a particular digital asset is a safe or sound investment. You should consult with your own advisors before participating in the Airdrop.
  • Regulatory Uncertainty. The regulatory status of cryptographic tokens, blockchain technology, and decentralized protocols is unsettled in many jurisdictions. Applicable Laws may change in ways that adversely affect your ability to receive, hold, or transfer Tokens. Lumen makes no representation that the Airdrop, Tokens, or any related activity complies with the laws of your jurisdiction.
  • Virtual Asset Services Regulation. You understand and agree that the introduction of any changes to the British Virgin Islands Virtual Assets Service Providers Act (as revised) of the British Virgin Islands, or any guidance issued in connection therewith, or any change to the business activities of Lumen, Lumen Foundation and/or any of their respective subsidiaries, or any changes to the Perle protocol, may result in one or all of them becoming subject to regulation in the British Virgin Islands, or other applicable jurisdiction(s), which may impact the Airdrop and/or the Terms hereunder.
  • No Custodial Services. You understand and agree that Lumen does not provide any custodial or similar services, custodial solutions, or software, nor act as your agent or representative and does not control, manage or custody any of your Tokens.
• RISKS OF BLOCKCHAIN TECHNOLOGY

By participating in the Airdrop, you (i) represent that you are sophisticated enough to understand the various inherent risks of using cryptographic and public blockchain-based systems, including but not limited to Tokens, and (ii) acknowledge and accept all such risks, including but not limited to:

• Wallet Security: You are solely responsible for the safeguarding and security of your non-custodial crypto wallets. If you lose your wallet seed phrase, private keys, or password, you may be forever unable to access your digital assets.

• Blockchain Technology: Public blockchain networks (e.g., Solana) are experimental, inherently risky, and subject to change. Bugs, malfunctions, cyberattacks, or changes to a particular public blockchain network (e.g., via forks) could disrupt these technologies irreparably.

• Solana Network Risks: Tokens are distributed on the Solana blockchain. Solana has experienced network outages, performance degradation, and other technical issues. Network congestion may result in delayed or failed transactions. You may be unable to claim or transfer Tokens during network disruptions.

• Smart Contract Execution: Transactions executed by smart contracts are generally considered irreversible. Smart contracts may contain bugs, exploits, or other vulnerabilities. Lumen is not responsible for smart contract failures.

• Volatility of Digital Assets: The markets for digital assets are nascent and highly volatile. The value of digital assets, including Tokens, may fluctuate dramatically over short periods. Tokens may lose most or all of their value. Historical price performance is not indicative of future results. You should not acquire or hold Tokens unless you are prepared to lose your entire position.

• Legislative and Regulatory Risks: Digital assets, blockchain technology, and any related software and services are subject to legal and regulatory uncertainty in many jurisdictions. Legislative and regulatory changes or actions may adversely affect the availability, usage, transferability, and accessibility of Tokens. Regulators in various jurisdictions may determine that Tokens are securities, commodities, or other regulated instruments, which could result in restrictions on trading, requirements for registration, or other adverse consequences.

• Third Party Risks: The Airdrop may rely on Third-Party Services which carry their own significant risks. Lumen does not control and is not responsible for the availability, security, or performance of any Third-Party Services.

• THIRD-PARTY SERVICES

  • Participation in the Airdrop may require you to interact with Third-Party Services, including without limitation Wallet providers, KYC Providers, and social media platforms. Your use of any Third-Party Service is subject to that service's terms and conditions.
  • LUMEN DOES NOT APPROVE, MONITOR, ENDORSE, WARRANT, OR ASSUME ANY RESPONSIBILITY FOR ANY THIRD-PARTY SERVICES. LUMEN IS NOT RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES ARISING FROM YOUR USE OF ANY THIRD-PARTY SERVICE, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; OR (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTE-FORCING, OR OTHER MEANS OF ATTACK AGAINST ANY THIRD-PARTY SERVICES.

• INDEMNIFICATION

To the fullest extent permitted by Applicable Laws, you agree to indemnify, defend and hold harmless Lumen, its affiliates and service providers, and each of their respective past, present and future officers, directors, members, employees, consultants, representatives and agents, and each of their respective successors and assigns (the "Indemnified Parties") from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys' fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, "Claims"), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to: (a) your participation in the Airdrop or receipt of Tokens; (b) your violation of any term or condition of these Terms, the right of any third party, or any Applicable Laws; (c) any dispute between you and any other participant in the Airdrop; (d) any claim by a governmental authority that Lumen was required to withhold taxes from distributions made to you or that you owe taxes in connection with Tokens received; and (e) your negligence or willful misconduct. You agree to promptly notify us of any Claims and cooperate with the Indemnified Parties in defending such Claims. You further agree that the Indemnified Parties shall have the right to control the defense or settlement of any Claims if the applicable Indemnified Party so chooses.

• LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL THE INDEMNIFIED PARTIES OR ANY OF THEM BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR: (A) ANY LOSS OF REVENUE OR LOSS OF PROFITS (WHETHER SUCH LOSS BE DIRECT OR INDIRECT LOSS) OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR LOSS OF DIGITAL ASSETS, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (B) ANY SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; OR (C) ANY MATTER BEYOND THE REASONABLE CONTROL OF THE INDEMNIFIED PARTIES OR ANY OF THEM, INCLUDING WITHOUT LIMITATION BLOCKCHAIN NETWORK FAILURES, SMART CONTRACT VULNERABILITIES, OR REGULATORY CHANGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE INDEMNIFIED PARTIES EXCEED ONE HUNDRED DOLLARS ($100).

NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL LIMIT LIABILITY FOR ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAWS. 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; NOTHING IN THESE TERMS SHALL LIMIT ANY RIGHTS YOU MAY HAVE UNDER MANDATORY CONSUMER PROTECTION LAWS IN YOUR JURISDICTION THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.

• GOVERNING LAW; DISPUTE RESOLUTION
  • Governing Law. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with their subject matter are governed by and will be construed in accordance with the laws of the British Virgin Islands. You agree that the Airdrop shall be deemed to be based solely in the British Virgin Islands, and that although the Registration Page may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the British Virgin Islands.
  • Dispute Resolution; Arbitration

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT (THIS "ARBITRATION AGREEMENT") CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

• • 1. Applicability of Arbitration Agreement. You agree that any dispute, controversy, conflict, claim, or request for relief relating in any way to these Terms or to any aspect of your participation in the Airdrop, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims or seek relief in small claims court if your claims qualify and do not exceed $10,000, and (ii) you or Lumen may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of these Terms or any prior version of these Terms.
       • Arbitration Rules and Forum. For participants located in the United States, arbitration shall be administered by JAMS under its most current version of the Streamlined Arbitration Rules and Procedures (for disputes under $250,000) or Comprehensive Arbitration Rules and Procedures (for disputes of $250,000 or more), available at <www.jamsadr.com>. For participants located outside the United States, arbitration shall be settled by arbitration in accordance with the British Virgin Islands Arbitration Act (Revised 2020) (the "BVI Arbitration Act") and the BVI IAC Arbitration Rules as at present in force and as amended, or by another internationally recognized arbitration institution mutually agreed by the parties. The language of arbitration shall be English. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Lumen may pay the additional cost. You are responsible for your own attorneys' fees unless the arbitration rules and Applicable Laws provide otherwise.
       • Authority of Arbitrator. The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement, and (ii) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and Lumen. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under Applicable Laws, the arbitral forum's rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The award of the arbitrator is final and binding upon you and Lumen.
       • Waiver of Jury Trial. YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Lumen are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
       • Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE PARTICIPANT CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER PARTICIPANT. If a decision is issued stating that Applicable Laws preclude enforcement of any of this section's limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the courts of the British Virgin Islands. All other disputes, claims, or requests for relief shall be arbitrated.
       • Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to admin@perle.xyz within thirty (30) days after you first access the Registration Page. Your notice must include your name and address, the Wallet address used in connection with the Airdrop (if applicable), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you, Lumen will not be bound by this Arbitration Agreement with respect to you, and any dispute, controversy, conflict, claim, or request for relief relating in any way to these Terms or to any aspect of your participation in the Airdrop may be settled by judicial proceeding (to the extent permitted under these Terms) brought in the courts located in the British Virgin Islands. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with Lumen.
       • Severability. Except as provided in Section 11.2(e), if any part or parts of this Arbitration Agreement are held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such specific part or parts shall be eliminated or limited to the minimum extent such that the remainder of the Arbitration Agreement shall continue in full force and effect.
       • Survival of Agreement. This Arbitration Agreement will survive the completion of the Airdrop and any termination of these Terms.
       • Modification. Notwithstanding any provision in these Terms to the contrary, Lumen agrees that if it makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to Lumen at admin@perle.xyz and expressly opting out of this Arbitration Agreement.

• MISCELLANEOUS

  • Entire Agreement. These Terms constitute the entire agreement between you and Lumen with respect to the Airdrop and supersede any and all prior or contemporaneous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
  • Modifications. Lumen may modify these Terms at any time by posting revised Terms on the Registration Page. Material changes will be indicated by updating the "Last Updated" date. Your participation in the Airdrop after any modification constitutes acceptance of the modified Terms. If you have already claimed Tokens, continued use of Tokens in connection with the Perle protocol ecosystem constitutes acceptance of the modified Terms.
  • Severability. If any provision of these Terms shall be determined to be invalid or unenforceable under any rule, law, 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 Applicable Laws, and the validity or enforceability of any other provision of these Terms shall not be affected.
  • Waiver. The failure of Lumen to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Lumen.
  • Assignment. Lumen may assign its rights and obligations under these Terms without your consent. You may not assign or transfer these Terms or any rights hereunder.
  • Notice. Lumen may provide notice to you under these Terms by posting on the Registration Page, by email (if provided during registration), or by other commercially reasonable means.
  • Force Majeure. Lumen shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including without limitation acts of God, natural disasters, war, terrorism, riots, embargoes, labor disputes, government actions, network failures, power outages, blockchain congestion or failures, regulatory changes, cyberattacks, or pandemics.
  • Export Controls. Tokens may be subject to export control laws and regulations. You agree to comply with all applicable export control laws and not to export, re-export, or transfer Tokens to any prohibited destination, entity, or person.
  • Survival. All sections which by their nature should survive the termination of these Terms, including those protecting our rights and limiting our liabilities, shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms.
  • No Third Party Rights. Except as otherwise noted in these Terms, no person shall have any rights to enforce the contractual terms of these Terms. Notwithstanding any term of these Terms, the consent of or notice to any person who is not a party to these Terms shall not be required for any termination, rescission or agreement to any variation, waiver, assignment, novation, release or settlement under these Terms at any time.
  • Electronic Delivery. These Terms may be entered into electronically by clicking the button "I accept" or respective checkbox in connection with or relating to these Terms and shall be valid and effective for all purposes and the parties to these Terms shall be entitled to rely on any such electronic acceptance for the purposes of the Electronic Transactions Act (as revised) of the British Virgin Islands.
  • Interpretation. Unless the context requires otherwise in these Terms:
    • the headings in these Terms are for reference only and shall not affect the interpretation of these Terms;
    • the singular includes the plural and the masculine includes the feminine and neuter genders and vice versa;
    • references to a "person" include natural persons, companies, partnerships, firms, joint ventures, associations or other bodies of persons (whether or not incorporated);
    • references to a "person" include that person's valid and lawful successors and legal personal representatives;
    • "writing" and "written" includes any method of representing or reproducing words in a visible form, including in the form of an electronic record;
    • a reference to "shall" shall be construed as imperative and a reference to "may" shall be construed as permissive;
    • the term "and/or" is used in these Terms to mean both "and" as well as "or". The use of "and/or" in certain contexts in no respects qualifies or modifies the use of the terms "and" or "or" in others. "Or" shall not be interpreted to be exclusive, and "and" shall not be interpreted to require the conjunctive, in each case unless the context requires otherwise;
    • any phrase introduced by the terms "including", "includes", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
    • references to any statute or statutory provision include that statute or provision as it may have been, or may from time to time be, amended, modified, re-enacted, or replaced and include references to all by-laws, instruments, orders and regulations for the time being made thereunder or deriving validity therefrom; and
    • references to a Section are to a section of these Terms.