Smart Contract Terms of Service

1.1 Technology Platform Only: PictoSafe is a technology platform that provides tools for creating, deploying, and managing smart contracts. We are NOT a financial institution, broker-dealer, investment advisor, legal service provider, or escrow agent.

1.2 Experimental Technology: Smart contracts and blockchain technology are experimental, rapidly evolving, and subject to numerous risks including technical failures, security vulnerabilities, regulatory changes, and market volatility.

1.3 No Custody: PictoSafe does NOT custody, hold, control, or have access to your cryptocurrency, private keys, or wallet. You maintain complete control and responsibility for your digital assets.

2.1 AS-IS Basis: The platform and all smart contracts are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

2.2 No Functionality Guarantee: We do NOT guarantee that:

• Smart contracts will function as intended or be error-free
• Blockchain networks will remain operational or accessible
• Gas fees will remain affordable or predictable
• Funds will be recoverable in case of errors or disputes
• The service will be uninterrupted, secure, or free from bugs

2.3 No Audit Guarantee: While we follow best practices, smart contracts deployed through our platform have NOT been independently audited by third-party security firms unless explicitly stated. Users accept all risks associated with unaudited code.

3.1 Complete Risk Assumption: You acknowledge and accept ALL risks associated with blockchain technology, smart contracts, and cryptocurrency transactions, including but not limited to:

• Loss of funds due to smart contract bugs, exploits, or vulnerabilities
• Permanent loss of access due to lost private keys or wallet failures
• Irreversible transactions and inability to modify deployed contracts
• Network congestion, failed transactions, or excessive gas fees
• Regulatory enforcement actions or legal consequences
• Market volatility and cryptocurrency price fluctuations
• Counterparty default or non-performance

3.2 Due Diligence: You are solely responsible for:

• Verifying contract terms and parameters before deployment
• Testing contracts on testnet before mainnet deployment
• Understanding blockchain mechanics and gas fee economics
• Maintaining secure backup of wallet seeds and private keys
• Independently verifying counterparty identity and creditworthiness

3.3 Professional Consultation: You agree to consult qualified legal, financial, tax, and accounting professionals before using smart contracts for business purposes. PictoSafe does NOT provide professional advice of any kind.

4.1 No Regulatory Approval: PictoSafe and the smart contracts deployed through our platform have NOT been approved, reviewed, or registered with any regulatory authority including but not limited to:

• Canadian Securities Administrators (CSA)
• Financial Transactions and Reports Analysis Centre of Canada (FINTRAC)
• U.S. Securities and Exchange Commission (SEC)
• Commodity Futures Trading Commission (CFTC)
• Financial Crimes Enforcement Network (FinCEN)
• Provincial or state money transmission regulators
• International financial regulatory bodies

4.2 User Compliance Obligation: You are solely responsible for determining whether your use of smart contracts:

• Requires registration as a securities offering under federal, provincial, or state law (including CSA and SEC requirements)
• Requires money transmission or payment services licenses in applicable jurisdictions
• Triggers tax reporting obligations (CRA T4A, T5, IRS 1099, etc.)
• Complies with FINTRAC Proceeds of Crime (Money Laundering) and Terrorist Financing Act requirements
• Complies with anti-money laundering (AML) and know-your-customer (KYC) requirements
• Violates any applicable laws, regulations, or industry standards in Canada or internationally

4.3 Geographic Restrictions: This service may not be available or legal in all jurisdictions. You represent that your use complies with all applicable local laws.

5.1 Maximum Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, PICTOSAFE'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS SERVICE SHALL NOT EXCEED THE AMOUNT OF PLATFORM FEES YOU PAID IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

5.2 Exclusion of Damages: IN NO EVENT SHALL PICTOSAFE BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Lost cryptocurrency, tokens, or digital assets
• Costs of substitute services or procurement
• Actions or omissions of third parties (counterparties, wallet providers, blockchain networks)
• Smart contract bugs, exploits, or vulnerabilities
• Regulatory enforcement actions or legal penalties

5.3 Force Majeure: PictoSafe is not liable for failures or delays caused by circumstances beyond our reasonable control including blockchain network issues, regulatory changes, cyberattacks, or natural disasters.

6.1 User Indemnity: You agree to indemnify, defend, and hold harmless PictoSafe, its officers, directors, employees, contractors, and affiliates from any claims, losses, damages, liabilities, and expenses (including attorney fees) arising from:

• Your use or misuse of the platform
• Your violation of these terms or applicable laws
• Your smart contract deployments and transactions
• Disputes with counterparties or third parties
• Infringement of intellectual property rights
• False or misleading representations made by you

7.1 Fee Structure:

• Platform Fee: $0 (free to deploy — no upfront costs)
• Milestone Tracking Fee: 0.25% per milestone (charged only on successful milestone completion, deducted on-chain)
• Gas Fees: Paid directly to blockchain network (not to PictoSafe)

7.2 No Refunds: ALL FEES ARE NON-REFUNDABLE. This includes:

• Milestone tracking fees for completed milestones
• Gas fees paid to blockchain networks
• Fees related to failed, erroneous, or regretted deployments

7.3 Failed Deployments: If a deployment fails due to PictoSafe platform errors (not user error, network issues, or insufficient gas), we may, at our sole discretion, issue a credit toward a future deployment.

8.1 Arbitration: Any disputes arising from these terms shall be resolved through binding arbitration under the rules of the ADR Institute of Canada, rather than in court, where permitted by law.

8.2 Class Action Waiver: To the extent permitted by applicable law, you waive any right to participate in class action lawsuits or class-wide arbitration against PictoSafe. Note: This waiver may not be enforceable in certain Canadian provinces.

8.3 Governing Law: These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes shall be resolved in the courts located in Ontario, Canada.

PictoSafe reserves the right to modify these terms at any time. Continued use after changes constitutes acceptance. Material changes will be communicated via email or platform notification.