Trench Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Tap Get To Install, a Delaware corporation, doing business as Trench ("Trench", "we", "us"). They govern your use of the Trench website, apps, application programming interfaces (APIs) and related services (the "Service"). By creating an account or using the Service, you agree to these Terms, our Privacy Policy and our Refund Policy. If you do not agree, do not use the Service.

Section 16 contains a binding arbitration agreement and a class action waiver. It affects how disputes are resolved. You may opt out as described in Section 16.

1. Eligibility

You must be at least 18 years old, and of legal age to form a binding contract where you live, to use the Service. By using the Service, you confirm that you meet these requirements.

You may not use the Service if you are barred from doing so under applicable law. The Service is not available to residents of, or persons located in, Cuba, Iran, North Korea, the Crimea region of Ukraine, the so-called Donetsk People's Republic and Luhansk People's Republic regions of Ukraine, or any other country or region subject to comprehensive U.S. sanctions. We may restrict access to the Service, or to specific features, in any other country or region at our discretion.

You represent that you are not (a) located in, organized in or ordinarily resident in any country or region subject to comprehensive U.S. sanctions, or (b) identified on, or owned or controlled by a person identified on, any U.S. government restricted-party list, including the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control.

You consent to our use of geolocation and other technologies to verify your location and eligibility. You agree not to use a virtual private network, proxy or other means to hide or misrepresent your location.

2. Your account

You need an account to use most of the Service. You agree to provide accurate information, keep it up to date and keep your login credentials secure. You are responsible for all activity on your account. Tell us promptly at legal@trench.io if you believe your account has been accessed without your permission.

You may hold only one account. Accounts are personal to you and may not be sold, transferred or shared. We may refuse, suspend or close an account as described in Section 15.

We may ask you for information or documents to verify your identity, age or location at any time, including before you make a purchase, and we may suspend your account until verification is complete.

If you choose a username, it may be shown publicly, including on leaderboards and through our public APIs (see Section 7). Do not choose a username that is offensive, misleading or infringes anyone's rights.

3. The Trench game

Trench is a simulated trading game played for entertainment and practice. In the game, you use virtual credits to open and close simulated positions that reference the prices of publicly traded stocks, cryptocurrencies and commodities, using real market data. Your credit balance goes up or down depending on the simulated result. The instruments available in the game are listed in the Service and may change from time to time.

No real trading takes place. When you place a trade in the game, no order is sent to any broker, exchange, trading venue or market, and no security, cryptocurrency, commodity, currency or other asset is bought, sold or held for you. Trench does not acquire, hold or hedge any asset on your behalf and is not your counterparty in any transaction in any asset. You have no economic exposure to, or ownership interest in, any asset. The Service does not offer markets on sporting events, elections or other event outcomes, or any prediction-market, binary or other event contract.

Regulatory status. Trench is not a broker-dealer, investment adviser, futures commission merchant, exchange, money services business, money transmitter, bank or custodian, and is not registered with or licensed by the U.S. Securities and Exchange Commission, the Commodity Futures Trading Commission, FINRA or any comparable authority. No brokerage, trading or custody account is opened for you, and protections that apply to brokerage accounts, including Securities Investor Protection Corporation (SIPC) coverage, do not apply to your account or any balance.

Not financial advice. Nothing in the Service is investment, financial, legal or tax advice, or an offer, solicitation or recommendation to buy or sell any security, commodity interest, digital asset or other financial instrument. Results in the game do not reflect real-world order execution, liquidity, slippage, commissions or financing costs, and do not predict results in real markets. You are solely responsible for any decisions you make outside the Service.

Market data. Prices and other market data shown in the Service come from third-party sources and may be delayed, incomplete or inaccurate. Market data is licensed to Trench and may be used only for your personal, non-commercial use within the game. You may not copy, redistribute or use it for any other purpose, and your use may be subject to additional terms required by the relevant exchange or data provider.

Errors and corrections. If a position is opened, valued or closed using erroneous or delayed market data, because of a technical malfunction, or at a price clearly inconsistent with prevailing market conditions, we may correct, adjust, cancel or void the affected position and any resulting change to your credit balance. We may also correct results affected by bugs or abuse. Our records of your balances and game activity are final, absent manifest error.

Game rules. We may set and change game rules, features, instruments and limits at any time. Where a change materially affects credits you have purchased, we will give you reasonable notice where required by law.

4. Virtual credits

The Service uses two kinds of virtual credits, together "Credits":

• Trench Private Credits can be purchased from Trench. Your game results using Private Credits are private to you.
• Trench Public Credits are never sold. Trench may gift them to users at its sole discretion. Your game results using Public Credits are public (see Section 7).

The two balances are separate. Credits cannot be converted from one kind to the other.

Credits have no cash value. Credits are a limited, personal, revocable, non-transferable license to use a feature of the Service. They are not money, currency, a deposit, a security, stored value or property of any kind. You do not own Credits.

Credits cannot be cashed out, withdrawn, redeemed for money, sold, traded, gifted or transferred to any other person or account. Trench will never pay you money in exchange for Credits, including when your account is closed, except where required by law. Any attempt to sell or transfer Credits outside the Service is prohibited and void.

Your credit balance may go down, including to zero, as a result of simulated losses. We may adjust, remove or correct Credits to fix errors, reverse Credits issued by mistake, respond to a refund or chargeback, or address a breach of these Terms. We may also reduce or remove Public Credits at our discretion.

5. Purchases and payment

Prices for Private Credits are shown in the Service before you buy, and may change at any time. Prices may include or exclude taxes as shown at checkout. Payments are processed by third-party payment processors, and your payment is also subject to their terms. We do not store your full card details.

When your payment is confirmed, the purchased Private Credits are added to your account. By completing a purchase, you authorize us and our payment processors to charge your payment method for the total shown.

Purchase limits. We may limit the amount or frequency of purchases of Private Credits on any account.

Immediate delivery and your right to cancel. Private Credits are digital content delivered immediately after purchase. If you live in the European Union, the United Kingdom or another country that gives consumers a right to cancel online purchases, you agree at checkout that delivery starts immediately and you acknowledge that you lose your right to cancel once the Credits are delivered.

6. Refunds and chargebacks

All purchases of Private Credits are final and non-refundable, except as set out in our Refund Policy or where required by law. The Refund Policy forms part of these Terms.

If you file a chargeback or payment dispute, we may remove the Credits from the disputed purchase, suspend purchases on your account, and suspend or close your account while the dispute is resolved. Please contact us at legal@trench.io before disputing a charge. Most issues can be resolved faster that way.

7. Public results and leaderboards

Game results from Public Credits, together with your username and ranking, are published on public leaderboards and made available through our public APIs. Anyone, including third-party businesses, can view and query this information. By using Public Credits, you agree to this publication.

Game results from Private Credits are not published on leaderboards or through our public APIs.

8. Third-party offers

The Service may show offers, rewards or promotions from third-party businesses ("Third-Party Offers"). Third parties decide at their own discretion whether to make an offer and to whom. Selecting an offer may take you to the third party's website, where the offer is governed by the third party's own terms and privacy policy. Businesses that make Third-Party Offers do so under our Offer Provider Terms.

Third-Party Offers are provided by those third parties, not by Trench. Trench does not guarantee, endorse or fulfil them and is not responsible for their availability, value, delivery or content, or for any dealings between you and the third party. Some offers may have eligibility requirements set by the third party, which may relate to your use of the Service. Purchasing Private Credits never makes you eligible for any Third-Party Offer.

Trench makes no representation about the value, availability, transferability, legality or tax treatment of anything distributed under a Third-Party Offer, including any digital asset. Digital assets distributed by third parties may have no market or value, and may never be distributed at all.

9. Wallets

The Service may let you create or connect a self-custodial digital asset wallet provided by Privy, a third-party wallet provider ("Wallet"). Your Wallet is subject to Privy's terms and privacy policy.

• You control your Wallet. Trench does not hold, control or have access to your Wallet's private keys or the assets in it, and cannot move, freeze, recover or reverse assets on your behalf.
• Your transactions are your own. Any blockchain transaction you submit from your Wallet is initiated and signed by you. Blockchain transactions are public and generally irreversible. You are responsible for checking addresses and amounts before you submit a transaction.
• Assets you receive. Assets sent to your Wallet by third parties, including under Third-Party Offers, come from those third parties. Trench does not issue, sell, hold or guarantee any digital asset and makes no statement about the value, legality or suitability of any asset.
• Risks. Digital assets can lose value, networks can fail, and smart contracts can have bugs. You are responsible for any taxes that apply to assets you receive or transfer.
• No link to Credits. Credits cannot be sent to, stored in or exchanged for assets in your Wallet.

10. Acceptable use

You agree not to:

• create multiple accounts, share accounts, or use another person's account;
• use bots, scripts, automation or exploits to play the game, gain Credits or affect leaderboards, except through APIs we make available and within their published limits;
• manipulate rankings, collude or coordinate trading with other users, or exploit any bug, defect, or delayed, stale or erroneous price;
• get around geographic, age or other eligibility restrictions;
• buy, sell, trade or transfer Credits or accounts outside the Service;
• use stolen or unauthorized payment methods, or file false payment disputes;
• use the Service for money laundering or to disguise the proceeds of unlawful activity;
• scrape, copy or resell the Service or its data, except as our public APIs allow;
• reverse engineer, decompile or disassemble any software used to provide the Service;
• access non-public areas of the Service or our systems, try to breach any security or authentication measure, or interfere with, overload or try to gain unauthorized access to the Service or other users' accounts;
• use the Service for anything unlawful, fraudulent or harmful, or in violation of sanctions laws;
• post or use content, including usernames, that is offensive, misleading or infringes others' rights.

11. Intellectual property

Trench and its licensors own the Service, including its software, design, text, graphics and trademarks. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own non-commercial entertainment, subject to these Terms. Use of our public APIs is also subject to any API terms we publish.

If you send us feedback or suggestions, we may use them without any obligation to you.

12. Disclaimers

THE SERVICE, CREDITS, MARKET DATA AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT MARKET DATA OR GAME RESULTS WILL BE ACCURATE. WE MAKE NO WARRANTIES ABOUT THIRD-PARTY OFFERS, WALLETS, BLOCKCHAINS OR DIGITAL ASSETS.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TRENCH AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL OR DIGITAL ASSETS, ARISING FROM OR RELATED TO THE SERVICE, CREDITS, THIRD-PARTY OFFERS OR WALLETS.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR PRIVATE CREDITS IN THE 12 MONTHS BEFORE THE CLAIM AROSE AND (B) US$100.

Some jurisdictions do not allow certain disclaimers or limits on liability. In those places, the disclaimers and limits above apply only to the extent the law allows, and nothing in these Terms limits rights you have as a consumer that cannot be waived.

14. Indemnity

To the extent permitted by law, you agree to defend and indemnify Trench against claims, losses and costs, including reasonable legal fees, arising from your breach of these Terms, your misuse of the Service, your participation in any Third-Party Offer, or your violation of any law or third-party right.

15. Suspension and termination

You may stop using the Service and ask us to close your account at any time by contacting legal@trench.io.

We may suspend or close your account, remove Credits or restrict features if we reasonably believe you have broken these Terms, engaged in fraud or abuse, filed a chargeback, or created legal or security risk, or if we are required to by law. Where reasonable, we will tell you why.

When an account is closed, all Credits in it are cancelled. Credits have no cash value and are not refunded on closure, except as set out in the Refund Policy or where required by law. We may discontinue the Service, in whole or in part, and will give reasonable notice where required by law.

Sections 4, 6 and 11 to 18, and any other terms that by their nature should survive, survive termination.

16. Dispute resolution: arbitration and class action waiver

Informal resolution first. Before starting arbitration or a court claim, you agree to email legal@trench.io with a description of the dispute and try to resolve it with us informally for at least 60 days. Any applicable limitation period is paused during this informal resolution period.

Binding individual arbitration. Except as set out below, any dispute, claim or controversy between you and Trench arising from or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in English, by a single arbitrator, and may be held by video or based on written submissions. The Federal Arbitration Act governs this Section.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies. Either party may seek an injunction in court to protect its intellectual property.

Class action waiver. You and Trench agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective or representative proceeding. The arbitrator may not consolidate claims or award relief on a class basis. If this waiver is found unenforceable for a claim, that claim will be decided in court, not in arbitration.

Opt-out. You can opt out of this arbitration agreement by emailing legal@trench.io within 30 days of first accepting these Terms, with your name, account email and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

Mass arbitration. If 25 or more substantially similar demands for arbitration are filed by or with the help of the same law firm or coordinated group, they will be administered in batches of no more than 50 demands, with each batch resolved before the next begins. The parties will cooperate in good faith to carry out this process and any related fee arrangements with the arbitration provider.

Time limit for claims. If you live in the United States, any claim arising from these Terms or the Service must be brought within one year after it arises, or it is permanently barred, to the extent permitted by law.

Changes to this Section. If we make a material change to this Section 16, you may reject the change by emailing legal@trench.io within 30 days after it is posted. The version of this Section in effect before the change will then continue to apply to disputes between you and Trench.

Consumers outside the United States. If you live in the European Union, the United Kingdom or another country whose law does not allow you to be bound by this Section, it does not apply to you, and you may bring claims in the courts where you live.

17. Governing law and general terms

Governing law. These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law rules, except that mandatory consumer protection laws of the country where you live still apply. Subject to Section 16, any court proceedings will take place in the state or federal courts located in Delaware.

Changes to these Terms. We may update these Terms from time to time. We will post the new version with a new "Last updated" date and, for material changes, give you notice through the Service or by email. Continuing to use the Service after changes take effect means you accept them.

Other terms. These Terms, the Privacy Policy and the Refund Policy are the entire agreement between you and Trench about the Service. If any part is found unenforceable, the rest stays in effect. Our failure to enforce a term is not a waiver. You may not assign these Terms without our consent; we may assign them as part of a merger, acquisition or sale of assets. Nothing in these Terms creates any partnership, agency or employment relationship.

Taxes. You are solely responsible for any taxes arising from your participation in Third-Party Offers or your receipt of any digital asset or other item from a third party.

No third-party beneficiaries. Except as stated under Mobile app stores below, these Terms do not create any third-party beneficiary rights. No third party, including any business offering a Third-Party Offer, may enforce them.

Notices. We may give you notices under these Terms by email to the address on your account or by posting them in the Service.

Electronic communications. You consent to receive all communications, agreements, notices and disclosures from us electronically, and agree that electronic delivery satisfies any legal requirement that they be in writing. You may withdraw this consent by emailing legal@trench.io, but because the Service is offered only electronically, withdrawing consent may require us to close your account.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including internet or telecommunications failures, outages or errors of market data providers or payment processors, cyberattacks, changes in law or government action.

Mobile app stores. If you download a Trench app from the Apple App Store, Google Play or another app store, these Terms are between you and Trench only, not the app store operator. Trench, not the app store operator, is solely responsible for the app and any claims relating to it. Your use of the app must also comply with the app store's terms. The app store operator and its subsidiaries are third-party beneficiaries of these Terms with respect to the app and may enforce them against you.

18. Contact

Tap Get To Install, doing business as Trench

Email: legal@trench.io