Terms of Service

Last Revised on September 10, 2025

These Labs Terms of Service (“Terms”) apply to your access to and use of the protocols, smart contracts, our website available at www.button.xyz, interfaces, and related products and services (collectively, our “Services”) provided by Button Labs, Inc. (“Button”) or (“we” or “us”).

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 16, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 16.

By accessing or using our Services, you agree to be bound by these Terms and all terms incorporated by reference. If you do not agree to these Terms in their entirety, do not use our Services.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

If you have any questions about these Terms or our Services, please contact us at legal@button.xyz

  1. Scope of Services

The Services include:

  • Permissionless vaults that allow users to deposit Bitcoin, as well as supported stablecoins such as USDC and USDT,  as collateral and related smart contracts that enable the borrowing of protocol-issued stablecoins against such Bitcoin collateral;
  • A yield module that deploys user assets into automated strategies (including, for example, basis trades) with the goal of generating yield;
  • Staking pools (including the HYPE pool) through which users may stake HYPE tokens and other supported assets and receive incentives or rewards tied to protocol performance; and
  • Other products, interfaces, and features that we may introduce from time to time to connect collateral asset holders to liquidity and trading opportunities.
  • Certain Services are planned for future release and may initially be provided as beta or experimental features. These Services may not be generally available, may not function as intended, and may be discontinued at any time without notice.

You acknowledge and agree that the Services are provided primarily through non-custodial smart contracts deployed on supported blockchains (including Hyperliquid) and that your use of the Services is at your own risk. Transactions executed through the Services are irreversible, may expose you to the risk of loss of assets, and are solely your responsibility.

  1. Privacy

For information about how we collect, use, share or otherwise process personal information about you, please see our Privacy Policy.

  1. Eligibility

You must be at least 18 years of age to use our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

You may not use the Services if you are (i) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury); (ii) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States; or (iii) where your use of the Services would be illegal or otherwise violate any applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction and that you will not use any Services while located in any such jurisdiction. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where we have determined, at our discretion, to prohibit use of the Services. We may implement controls to restrict access to the Services from any such jurisdiction You will comply with this paragraph even if our methods to prevent use of the Services are not effective or can be bypassed.

     

  1. User Accounts and Security 

You may need to register for an account or connect a supported wallet to access some or all of the Services. You must maintain the security of your wallet and credentials, and you are solely responsible for all activities that occur through your account or wallet. Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. In addition, you will not:

  • modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information or content obtained from the Services, or as otherwise expressly permitted by us or our licensors;
  • use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
  • use automation software (e.g., bots), hacks, modifications, or any other unauthorized software designed to access, use, or modify the Services, except as expressly permitted by the protocol;
  • access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services;
  • deliberately input false, misleading, or tampered or otherwise attempt to manipulate protocol outcomes, including trading activity, yields, or liquidation processes;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, or the smart contracts, wallets, computer systems or networks connected to the Services;
  • circumvent, remove, alter, deactivate, degrade or thwart any technological measure of the Services or any of the computer systems, wallets, accounts, protocols or networks connected to the Services;
  • use any robots, spiders, crawlers or other automatic devices, processes, software or queries that intercept, “mine,” scrape or otherwise access the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
  • reverse engineer any aspect of our Services, probe or otherwise attempt to discover the source code or underlying protocol logic, or bypass or circumvent measures employed to prevent or limit access to any part of the Services or smart contracts;
  • introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems or smart contracts;
  • impersonate any other person or entity using the Services, including by falsely stating, implying or otherwise misrepresenting your affiliation with any person or entity;
  • violate any applicable law or regulation in connection with your access to or use of the Services, including any laws governing digital assets or lending; 
  • access or use the Services in any way other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services; or
  • access or use the Services if you are a resident or citizen of any jurisdiction in which access to decentralized finance or crypto lending is restricted or prohibited, including any country subject to U.S. or international sanctions.

Enforcement of this Section 4 is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any conduct that is prohibited by such rules.

  1. Materials and Data

You may provide digital assets to the Services, including but not limited to Bitcoin, protocol-issued stablecoins, and HYPE tokens used for staking (collectively, “Materials”). As between you and us, you retain ownership rights in your Materials.

By using the Services, you authorize and instruct us and our smart contracts to process your Materials in accordance with protocol rules, including:

  • Locking Bitcoin into permissionless vaults;
  • Borrowing protocol-issued stablecoins against Bitcoin collateral;
  • Deploying Bitcoin into automated strategies such as yield modules or basis trades; and
  • Allocating HYPE tokens into staking pools, where rewards or incentives may be distributed.

You acknowledge that staking rewards, if any, are not guaranteed and are contingent upon protocol performance, including but not limited to revenue generated by the yield module and trading activity. You further acknowledge that certain Services may require a minimum amount of HYPE to be staked in aggregate before they are enabled, and that Button has no obligation to make such Services available until such thresholds are met.

You acknowledge and agree that once submitted to the Services, Materials are governed by autonomous smart contracts, and transactions are generally irreversible. You are solely responsible for understanding how the Services function and for any risk of loss of your Materials, including through depegs, market volatility, or smart contract failures.

You represent and warrant that you have all rights, licenses, and permissions necessary to provide your Materials to the Services and to use the Services as contemplated by these Terms.

We may generate or develop aggregated, anonymized, or de-identified data derived from your Materials and from activity on the Services (“Deidentified Data”). We may also collect usage statistics, performance metrics, and other analytics regarding your interactions with the Services (“Analytic Data”). We own all right, title, and interest in and to Deidentified Data and Analytic Data, which we may use to operate, maintain, develop, and improve the Services.

  1.           Ownership; Limited License

All right, title, and interest in and to the Services, Deidentified Data, and Analytic Data, including all software, interfaces, designs, protocols, and related intellectual property are owned by us or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms or in any applicable open-source license, all rights in and to our Services are reserved by us or our licensors. 

Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of our Services other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited, will terminate this license and violate our intellectual property rights.

Certain smart contracts or software components of the Services may be made available under separate open-source licenses. To the extent an open-source license applies, your use of those components will be governed solely by the terms of the applicable open-source license, and nothing in these Terms limits your rights under that license.

  1. Trademarks

Our logos, our product or service names, our slogans and the look and feel of our Services are our trademarks and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

  1. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about us or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in our sole discretion. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in the Feedback. You understand that we may treat Feedback as nonconfidential.

  1. Services and Protocol Fees

All transactions on the Services occur on-chain. You agree to pay any applicable fees, including protocol performance fees, trading fees, liquidation penalties, and network (gas) costs. All transactions are final and non-refundable. Button does not accept or process credit card payments.

  1. Support

We are under no obligation to provide support for the Services. Instances where we may offer support, the support will be subject to published policies. Support is conducted through email at legal@button.xyz.

  1. Third-Party Services

We may make available, or we may allow third parties to make available access to information, products, services, and other materials made available by third parties on or through our Services (collectively, “Third-Party Services”). The Services are built to interoperate with and depend upon third-party decentralized protocols (including centralized limit order books and other trading venues). Button does not control and is not responsible for the performance, availability, or security of any other third-party protocol. Your use of such third-party protocols is solely at your own risk. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Services are solely between you and the third party. We do not control or endorse, and makes no representations or warranties regarding, any Third-Party Services, and your access to and use of such Third-Party Services is at your own risk. Button is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Services. You irrevocably waive any claim against us with respect to such Third-Party Services. We are not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any such Third-Party Services, or your reliance on the privacy practices, data security processes, or other policies of such Third-Party Services. Third-Party Services are provided solely as a convenience to you.

We provide some elements of the Services through third-party service providers (“Third-Party Providers”). You acknowledge that your Material, may be shared with and processed by our Third-Party Providers, to enable your use of our Services. You may not use the Services in a manner that violates any terms or policy of any Third-Party Provider.

The Services may involve the use of third-party stablecoins (including, without limitation, USDT and USDC) and third-party protocols (including, without limitation, Hyperliquid). We make no representations or warranties regarding the continued availability, solvency, security, or value of any such stablecoins or protocols. You assume all risk of loss in connection with your reliance on such third-party assets and protocols.

  1. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless us and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Button Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Services; (b) your Materials or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with or use of our Services. You agree to cooperate with Button Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Button Parties will have control of the defense or settlement, at our sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Button Parties.

  1. Disclaimers and Risk Factors

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While we attempt to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of our Services. 

Loss of Value and Significant Risk in Connection with Use of Services. You acknowledge that use of the Services involves significant risks, including but not limited to: loss of Bitcoin collateral due to liquidation, volatility of crypto assets, risk of stablecoin depegging, smart contract bugs or exploits, regulatory uncertainty, and total loss of assets. Button is not a bank, broker, investment adviser, or exchange, and does not provide financial, legal, or tax advice.

     Liquidations. You acknowledge and agree that collateral you provide may be automatically liquidated if required by protocol rules, including if loan-to-value ratios are not maintained. Such liquidations may occur without prior notice, are executed by autonomous smart contracts, and are final and non-reversible. Button has no ability to prevent or reverse such liquidations.

Oracle and Network Risk. You acknowledge and agree that the Services depend on external price oracles, blockchain infrastructure, and validator or miner performance. We are not responsible for errors, delays, manipulation, or failures in any oracle feed, blockchain network (including forks, congestion, or reorganizations), or validator/miner behavior, and you assume all risk of loss arising therefrom.

Beta Services. We may provide you with the option to participate in early access programs to use alpha, beta, or pre-release services, products, features, and documentation (Beta Services). Notwithstanding anything to the contrary contained in these Terms, Beta Services are not generally available and may contain bugs, errors, or defects. We may discontinue Beta Services at any time in our sole discretion and may never make them generally available.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND THE OTHER BUTTON PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF WE OR THE OTHER BUTTON PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

THE TOTAL LIABILITY OF US AND THE OTHER BUTTON PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID BY YOU TO USE OUR SERVICES WITHIN THE PAST SIX (6) MONTHS. 

THE LIMITATIONS SET FORTH IN THIS SECTION 14 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF US OR THE OTHER BUTTON PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

  1. Releases
    1. Materials Release

Except where prohibited by applicable law, by submitting Materials to us, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the Materials. You hereby release and discharge us and our agents, employees and assigns, and anyone acting under their authorization, from any claims that use of any Materials as authorized herein violates any of your rights, including any rights of publicity or privacy and intellectual property rights. You understand that you will not be entitled to any additional compensation for the permission and release granted herein or for the use of any of Materials as authorized herein.

  1. General Release

To the fullest extent permitted by applicable law, you release us and the other Button Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

  1. Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions. You and Button agree that any dispute arising out of or related to these Terms or our Services is personal to you and Button and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes in which you or Button seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Button seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Button waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against us or relating in any way to our Services, you agree to first contact us and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to us by email at legal@button.xyz: or by certified mail addressed to 50 Woodside Plaza Redwood City, Ca 94061. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Button cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in San Francisco County, California or may be conducted telephonically or via video conference for disputes alleging damages less than $100, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

You and Button agree that these Terms affect interstate commerce and that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The arbitrator, Button, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and Button agree that for any arbitration you initiate, you will pay the filing fee and we will pay the remaining JAMS fees and costs. For any arbitration initiated by Button, we will pay all JAMS fees and costs. You and Button agree that the state or federal courts of State of Delaware and the United States, respectively, sitting in Wilmington, Delaware have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Button will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 16 by sending an email to legal@button.xyz. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 17.

If any portion of this Section 16 is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 16 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 16; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 16 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 16 will be enforceable.

You acknowledge that Button cannot reverse or cancel on-chain transactions, and arbitration applies only to off-chain disputes.

  1. Governing Law and Venue

Any dispute arising from these Terms and your use of our Services will be governed by and construed and enforced in accordance with the laws of the State of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in San Francisco County, California.

  1. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

You acknowledge that the Services include autonomous smart contracts deployed on public blockchains. Such smart contracts generally cannot be altered, reversed, or disabled by us. Our ability to suspend, modify, or terminate Services is limited to off-chain interfaces and hosted components, and does not extend to disabling or reversing on-chain transactions.

  1. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

  1. Miscellaneous

These Terms constitute the entire agreement between you and us relating to your access to and use of our Services. Notwithstanding any other provisions of these Terms, Sections 1, 5, 6, 7 (except for the license and rights granted), 8, 9, 10 (for amounts due prior to the expiration or termination of these terms), 11, 12, 13, 14, 15, 16, 17, 18, 19, and this 20 survive any expiration or termination of these terms. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or our Services, in whole or in part, without your prior written consent.