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Avian Labs Distributed, Inc. Terms of Service

Last updated April 15, 2026

These Terms of Service ("Agreement") form a binding legal contract between Avian Labs Distributed, Inc., a company incorporated under the laws of the State of Delaware, United States of America ("Avian Distributed", "Avian", "we", "us", or "our"), and you, the individual accessing or using the Services ("User", "you", or "your").

This Agreement governs your access to and use of the Services made available by Avian Distributed through the Morse application. It applies in addition to, and is entirely separate from, the Morse Terms of Service ("Morse ToS") which you have agreed to with Avian Labs Inc. Where this Agreement refers to a section of the Morse ToS, that section is incorporated by reference and applies to your use of the Services.

BY CLICKING "I AGREE", TAPPING "ACCEPT", OR ACCESSING OR USING THE SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

1. Definitions

Capitalized terms not defined in this Agreement have the meaning given to them in the Morse ToS. In this Agreement:

  • "Agreement" means these Terms of Service, as amended from time to time.
  • "Digital Assets" means blockchain-based tokens, stablecoins, cryptocurrencies, and other on-chain assets transacted through the Services.
  • "Losses" means any and all losses, damages, claims, costs, fines, penalties, liabilities, and expenses of whatever nature.
  • "Protocol" means any open-source smart contract system or on-chain program that facilitates the exchange, routing, or settlement of Digital Assets on a blockchain.
  • "Services" means the digital asset services and functionalities made available by Avian Distributed through the Morse application, as described in Section 2.
  • "Transaction" means any exchange, swap, trade, or transfer of Digital Assets that you initiate through the Services.
  • "Wallet" means the self-custody digital asset wallet you control and use in connection with the Services. Avian does not hold, control, or have access to your Wallet or its private keys at any time.

2. Nature of Services; No Regulated Activity

2.1 Avian Distributed is not a broker-dealer, investment adviser, money transmitter, virtual asset service provider, exchange, or any form of regulated financial institution. Avian does not hold or custody Digital Assets on your behalf at any time.

2.2 The Services provide you with access to digital asset markets through third-party decentralized exchange environments that are external to Avian. Avian is not a counterparty to any Transaction and has no role in its execution, settlement, or pricing. Avian shall have no liability for loss associated with your activities through the Services. Third-party services and Protocols accessible through the Services are subject to Section 24 (Third-Party Terms) of the Morse ToS, with Avian Distributed substituted as the relevant contracting entity.

2.3 Nothing in this Agreement constitutes investment advice, financial advice, or a recommendation to buy, sell, or hold any Digital Asset. You are solely responsible for all decisions you make through the Services.

2.4 Avian Distributed is a separate legal entity from Avian Labs Inc. and its affiliates. Your relationship with Avian Distributed under this Agreement is entirely distinct from your Morse account relationship. The obligations, liabilities, and rights of each entity are independent of one another.

3. Eligibility

3.1 The eligibility requirements set out in Section 5 of the Morse ToS apply to your use of the Services, with Avian Distributed substituted as the relevant contracting entity. In addition, the Services are not available to individuals who reside in or are citizens of the United States of America, Canada, or any other jurisdiction designated as prohibited by Avian.

3.2 Avian reserves the right to restrict, suspend, or terminate your access to the Services at any time if it determines that you do not meet or no longer meet the eligibility requirements.

4. Transfers

4.1 You may send funds to, or receive funds from, third-party service providers via the Services using your Wallet. You are solely responsible for:

(a) all funds sent and received through the Services;

(b) any errors in your use of sender or recipient information;

(c) the accuracy of counterparty wallet addresses and all other transaction details; and

(d) verifying the correctness of any recipient wallet address before submitting a Transaction.

4.2 Transactions sent to an incorrect or unintended address are irreversible and cannot be recovered. Avian has no obligation or ability to reverse, recover, or compensate you for funds sent in error.

5. Fees

5.1 You may incur charges from your use of the Services from Avian or from third parties. Third-party fees are not charged by Avian. Any fee charged by Avian will be designated as such and presented to you before you submit your Transaction.

5.2 Third-party fees — including network gas fees, Protocol fees, and liquidity provider fees — are set by third parties and may vary based on network conditions outside Avian's control.

5.3 Avian reserves the right to introduce, modify, or remove its own fees for the Services in accordance with the Morse ToS.

6. Risk Disclosures

YOU EXPRESSLY ACKNOWLEDGE AND ACCEPT THE FOLLOWING RISKS AS A CONDITION OF USING THE SERVICES. THESE RISKS MAY RESULT IN PARTIAL OR TOTAL LOSS OF YOUR DIGITAL ASSETS.

  • Smart Contract Risk. The Services operate through third-party automated smart contracts that may contain bugs, vulnerabilities, or be subject to exploits. Avian has no control over and accepts no responsibility for any Protocol's code.
  • Price Volatility. Digital Assets are subject to extreme price movements. The value of assets you receive through the Services may differ materially from your expectation at the time of initiation.
  • Slippage. The price at which your Transaction executes may differ from the quoted price, particularly in low-liquidity or high-volatility conditions.
  • Irreversibility. All on-chain Transactions are final once submitted to the blockchain. There is no mechanism to cancel, reverse, or recover a Transaction.
  • Blockchain and Network Risk. Network congestion, forks, outages, or protocol upgrades may delay, prevent, or alter the execution of your Transactions.
  • Self-Custody Risk. Your Digital Assets are held in a self-custody Wallet. Avian does not hold or insure your assets and bears no liability for Losses arising from loss of private keys, device failure, or unauthorised access.
  • Regulatory Risk. The legal status of Digital Assets and decentralized exchange services varies by jurisdiction and may change at any time. You are solely responsible for ensuring your use of the Services complies with all laws applicable to you.
  • Protocol Discontinuation. Third-party Protocols may be modified, deprecated, or permanently discontinued. Avian has no control over the continued availability of any Protocol.

7. Liability

The Limitation of liability provisions in Section 29 of the Morse ToS apply in full to your use of the Services, with Avian Distributed substituted as the relevant contracting entity.

8. Prohibited Conduct

The prohibited conduct provisions in Section 18 of the Morse ToS apply in full to your use of the Services, with Avian Distributed substituted as the relevant contracting entity. In addition, you must not use the Services to engage in market manipulation, wash trading, front-running, or any other deceptive trading activity, or to interact with any wallet address subject to sanctions.

9. Governing Law and Dispute Resolution

Section 30 (Complaints, Dispute Resolution and Arbitration) and Section 31 (Governing Law) of the Morse ToS apply to any dispute arising out of or in connection with this Agreement, with Avian Distributed substituted as the relevant contracting entity.

10. General

10.1 Entire Agreement. This Agreement, together with the Morse ToS, constitutes the complete agreement between you and Avian Distributed with respect to the Services. In the event of any conflict between this Agreement and the Morse ToS in relation to the Services, this Agreement prevails.

10.2 Modifications to these Terms are governed by Section 21 of the Morse ToS. Severability, waiver, and assignment are governed by Section 34 (Miscellaneous) of the Morse ToS, with Avian Distributed substituted as the relevant entity. Suspension and termination of your access to the Services is governed by Section 19 of the Morse ToS; in addition, Avian may suspend or terminate your access at any time if continued provision would expose Avian to legal or regulatory risk. Termination of the Services does not affect your Morse account.

11. Contact Information

Avian Labs Distributed, Inc. 1209 Orange Street, Wilmington, New Castle County. Delaware 19801, US