Legal Disclaimer & Risk Disclosure

1. Software Provider Status — No Financial, Investment, or Trading Advice

B-52 Original Edition is a self-hosted Execution Management System (EMS) designed to execute trading instructions according to user-defined parameters and programmed execution, risk-governance, and operational rules.

Provider operates as a software technology provider. The provision of B-52 and B-52.io does not constitute the provision of brokerage, investment management, financial advisory, custodial, or fiduciary services.

1.1. No Investment or Trading Advice

NOTHING PROVIDED THROUGH B-52, B-52.io, ITS DOCUMENTATION, PUBLIC TELEMETRY, PRIVATE EVALUATIONS, OR GENERAL PROVIDER COMMUNICATIONS CONSTITUTES FINANCIAL, INVESTMENT, TRADING, LEGAL, OR TAX ADVICE.

No information published or communicated by Provider shall be interpreted as a solicitation, recommendation, endorsement, or instruction to purchase, sell, hold, or otherwise transact in any cryptocurrency, perpetual futures contract, derivative, or other financial instrument.

Technical explanations, software demonstrations, operational examples, and historical execution records are provided for informational and technical purposes only.

1.2. Independent Trading Decisions

Users retain sole responsibility for their trading decisions, including:

• Developing, selecting, and evaluating trading strategies.
• Determining market direction and selecting trading instruments.
• Configuring ENTRY and EXIT grids, order parameters, and execution settings.
• Selecting leverage, margin allocation, and position sizing.
• Establishing risk tolerances, trading thresholds, and capital exposure.
• Determining whether, when, and under what conditions trading capital should be deployed.

Provider does not independently assess the financial suitability or profitability of any particular user-directed trading strategy.

1.3. No Fiduciary Relationship

The availability, licensing, or use of B-52 does not establish a fiduciary, investment advisory, brokerage, or portfolio-management relationship between Provider and any user.

Users are responsible for obtaining independent professional advice where appropriate.

2. High Risk of Leveraged Futures Trading & No Guarantee of Profit

TRADING CRYPTOCURRENCY DERIVATIVES, PERPETUAL FUTURES, AND OTHER LEVERAGED FINANCIAL INSTRUMENTS INVOLVES SUBSTANTIAL RISK OF FINANCIAL LOSS.

Such trading may be unsuitable for individuals or entities that do not fully understand the associated risks or cannot withstand significant losses.

2.1. Risk of Substantial or Total Capital Loss

Leverage amplifies both favorable and adverse market movements.

Unexpected price changes, liquidity shortages, volatility spikes, liquidation events, exchange disruptions, and other market conditions can produce rapid and substantial losses.

Users may lose part or all of their deposited trading capital. Additional liabilities may arise where applicable exchange rules and account arrangements permit them.

2.2. No Profit or Performance Guarantees

PROVIDER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE USE OF B-52 WILL GENERATE PROFITS, PREVENT LOSSES, PRESERVE CAPITAL, ACHIEVE ANY TARGET RETURN, OR PRODUCE ANY PARTICULAR FINANCIAL OUTCOME.

The correct operation of an execution-management system does not establish that the underlying trading strategy is profitable, prudent, or appropriate.

Execution reliability and investment performance are separate matters.

2.3. Risk Thresholds Are Not Maximum Loss Guarantees

B-52 incorporates programmed risk-governance mechanisms, including Gate 1, Gate 2, and exchange-hosted protective orders.

These mechanisms establish conditions under which the Software is designed to initiate protective actions.

A CONFIGURED STOP-LOSS OR RISK THRESHOLD IS AN INTERVENTION CONDITION, NOT A GUARANTEED MAXIMUM FINANCIAL LOSS.

Actual realized losses may exceed configured thresholds due to:

• Sudden price gaps and extreme volatility.
• Insufficient executable market liquidity.
• Slippage during MARKET or STOP_MARKET execution.
• Multiple ENTRY orders executing during adverse movements.
• Network, market-data, or exchange-processing delays.
• Exchange order rejection, interruption, or liquidation.
• Other circumstances affecting execution prices or available market liquidity.

No stop-loss mechanism can guarantee execution at the intended trigger price.

2.4. Demonstration and Public Telemetry

B-52.io may publicly display operational telemetry from Provider-operated demonstration aircraft for product demonstration, technical evaluation, and informational purposes.

This telemetry may include approved operational information, such as instrument identifiers, lifecycle states, execution health, market observations, and selected execution-status summaries.

Such demonstrations may operate in simulated or Testnet environments.

Demonstration trading uses virtual funds and may exhibit market conditions materially different from live trading.

Differences may include liquidity depth, order-book behavior, volatility, matching-engine activity, slippage, funding, and execution latency.

DEMONSTRATION PERFORMANCE DOES NOT CONSTITUTE LIVE INVESTMENT PERFORMANCE AND DOES NOT GUARANTEE OR RELIABLY PREDICT FUTURE LIVE TRADING RESULTS.

Users must not interpret successful demonstration executions, completed trading lifecycles, or reported historical results as guarantees of financial profitability or future operational performance.

TELEMETRY FROM CUSTOMER-OPERATED B-52 INSTANCES SHALL NEVER BE PUBLICLY DISPLAYED, DISCLOSED, OR MADE ACCESSIBLE ON B-52.io UNDER ANY CIRCUMSTANCES, REGARDLESS OF CUSTOMER CONSENT.

Customer fleet telemetry may be transmitted to and displayed exclusively within the customer's private, authenticated B-52.io account, ONLY WITH THE CUSTOMER'S PRIOR, EXPLICIT, AFFIRMATIVE OPT-IN FOR PERSONAL DISPLAY.

ALL CUSTOMER AUTHORIZED TELEMETRY IS STRICTLY READ-ONLY AND FOR OBSERVABILITY PURPOSES ONLY. B-52.io shall have no authority or capability to initiate trading lifecycles, submit, modify, or cancel orders, manage positions, change execution parameters, or otherwise control customer-operated B-52 instances.

Customer authorized telemetry shall remain private and inaccessible to other customers and the general public. Authorization for personal telemetry display does not authorize any trading control or public disclosure.

2.5. Historical Results

Past performance, whether simulated or live, does not guarantee future results.

Historical execution records establish only the outcomes and observations represented by those records. They do not establish future market behavior, strategy profitability, or guaranteed execution quality.

3. Non-Custodial Architecture, Local Autonomy & Customer Responsibility

B-52 Original Edition is designed to operate on infrastructure provisioned, controlled, and administered by the customer, including private Linux servers and cloud Virtual Private Servers (VPS).

Provider-operated demonstration and evaluation environments may be offered separately.

3.1. Non-Custodial Software

B-52 IS NOT A CUSTODIAL FINANCIAL SERVICE.

Under the standard customer-controlled deployment model:

• Customer exchange funds remain with the selected exchange.
• Provider does not take custody of customer trading capital.
• Exchange API credentials remain within the customer's designated execution environment during normal operation.
• The authoritative execution database remains local to the deployed instance.
• Trading instructions are executed by the customer's locally operated Software instance.

Provider does not operate B-52.io as a brokerage or centralized trade-execution authority.

3.2. Customer Infrastructure and Credential Security

Customers are responsible for securing and maintaining their execution environments, including:

• Host operating-system administration and security updates.
• Network security, firewall rules, and access restrictions.
• Exchange API credential generation, storage, rotation, and revocation.
• Appropriate exchange API permissions and IP restrictions.
• VPS availability, system resources, and clock synchronization.
• Exchange account configuration and margin settings.
• Software configuration, backup procedures, and operational monitoring.
• Prevention of unauthorized third-party access.

Customers should avoid enabling unnecessary API permissions, particularly withdrawal permissions.

A compromised server, exposed API credential, unauthorized configuration change, or improperly secured trading account may result in substantial losses regardless of whether B-52 otherwise operates according to its intended design.

3.3. Authorized Technical Support

Customers may voluntarily provide diagnostic information, logs, configuration excerpts, or other materials for authorized technical support.

Such disclosures are separate from normal automated execution and telemetry operation.

Customers are responsible for removing passwords, API secrets, private signing keys, and other sensitive credentials before submitting support materials.

Provider's handling of personal information submitted for support is governed by the applicable Privacy Policy.

4. Execution Risks, Exchange Dependencies & Technical Limitations

B-52 operates within the technical and operational constraints of third-party exchanges, financial markets, customer-controlled infrastructure, and communications networks.

AUTOMATED EXECUTION, RISK GOVERNANCE, AND RECOVERY MECHANISMS DO NOT ELIMINATE MARKET, SOFTWARE, NETWORK, OR EXCHANGE RISK.

4.1. Third-Party Exchange Dependencies

B-52 relies on supported exchanges, including Binance Futures, for essential functions such as:

• Market-price observations and exchange market data.
• Order submission and acceptance.
• Matching, execution, and settlement.
• Account balance and position information.
• Order-status reporting and execution evidence.
• Exchange-hosted protective orders.

Exchange infrastructure is outside Provider's control.

Exchange outages, matching-engine interruptions, API failures, rate limits, rejected orders, delayed responses, trading suspensions, delistings, and changes to exchange operating rules can materially affect Software operation and trading results.

Provider does not warrant the continuous availability, accuracy, reliability, or performance of third-party exchange services.

4.2. Order Execution and Slippage

Limit orders may remain pending, execute partially, or fail to execute.

Market orders may execute at prices materially different from the last observed market price.

Exchange-hosted STOP_MARKET orders may trigger during market volatility but execute at substantially less favorable prices than their trigger levels.

Execution outcomes depend on actual available liquidity, matching-engine conditions, order priority, exchange restrictions, and other market factors.

NO ORDER TYPE OR SOFTWARE EXECUTION MECHANISM GUARANTEES A PARTICULAR EXECUTION PRICE OR COMPLETE PROTECTION AGAINST SLIPPAGE.

4.3. Market Data and Observation Risk

Automated risk decisions depend upon the market information and exchange evidence available to the Software.

Market-data feeds may experience:

• Delayed or intermittent observations.
• Missed price movements between updates.
• WebSocket interruptions or disconnections.
• Stale or unavailable observations.
• Differences between last-traded prices, mark prices, and executable market prices.

A market may cross a configured threshold before the Software receives an observation sufficient to initiate protective action.

Even immediate action following a valid observation does not guarantee execution at the threshold price.

4.4. ENTRY Grid and Increasing Exposure

B-52 supports configurable ENTRY and EXIT grids.

ENTRY execution may increase position exposure as additional grid levels fill.

During abrupt adverse price movements, multiple ENTRY orders may execute in rapid succession, including at prices beyond a previously calculated risk-intervention level.

Such execution can increase total exposure, alter the average entry price, and amplify the eventual financial loss.

Users are responsible for ensuring that grid depth, level weighting, leverage, capital allocation, and configured risk thresholds are appropriate for their intended strategy and risk tolerance.

4.5. Risk Governance and Protective Execution

B-52 implements programmed risk-governance mechanisms and exchange-hosted protective-order functionality.

These mechanisms are subject to applicable market observations, exchange evidence, software operation, and external execution conditions.

Protective actions may be delayed, rejected, partially executed, or executed at unfavorable prices.

Exchange liquidation may occur independently of B-52's protective mechanisms.

PROVIDER DOES NOT GUARANTEE THAT RISK GOVERNANCE OR PROTECTIVE ORDERS WILL PREVENT LIQUIDATION, LIMIT LOSSES TO A CONFIGURED PERCENTAGE, OR PRESERVE TRADING CAPITAL.

4.6. Infrastructure, Connectivity, Software Failures & Interrupted Operation

Trading operations may be affected by:

• Power outages and VPS failures.
• Operating-system faults and resource exhaustion.
• Network interruptions and latency.
• Exchange API or WebSocket connectivity failures.
• Clock synchronization errors.
• Software defects, unexpected states, or incomplete observations.
• Database, storage, or hardware failures.
• Recovery or reconciliation delays.

B-52 incorporates execution-state management, exchange-evidence reconciliation, and operational recovery mechanisms.

These capabilities do not constitute a guarantee of uninterrupted operation, flawless recovery, or complete immunity from failures.

Risk Governance During Interrupted Operation

While the Software instance is stopped or otherwise unable to execute its local processes, its locally implemented risk evaluation, ENTRY order cancellation, EXIT-grid management, and other active order-management functions cannot operate.

During partial connectivity failures or degraded operation, particular functions may be delayed, restricted, or unavailable depending on the nature of the interruption.

Orders previously accepted by the exchange may remain active independently of the local Software, subject to exchange rules and each order's actual status.

OUTSTANDING ENTRY ORDERS MAY CONTINUE TO EXECUTE WHILE LOCAL RISK GOVERNANCE OR ORDER MANAGEMENT IS UNAVAILABLE. SUCH EXECUTIONS MAY INCREASE POSITION EXPOSURE OR ESTABLISH NEW EXPOSURE, INCLUDING AFTER A PREVIOUSLY ACTIVE PROTECTIVE ORDER HAS CLOSED A POSITION.

New or residual exposure may not be covered by an active exchange-hosted protective order.

The continued presence of an exchange-hosted protective order does not guarantee that all existing or subsequently created exposure will remain protected.

Users remain responsible for monitoring their exchange accounts and understanding the consequences of interrupted local execution, persistent exchange-resting orders, and the limitations of automated recovery.

4.7. Execution Reconciliation and Reporting

B-52 maintains local operational records and uses exchange evidence to reconcile execution outcomes.

Such records and reports may depend on the availability and completeness of exchange information.

Recorded lifecycle profit and loss, exchange realized profit and loss, fees, funding charges, and wallet-balance movements may be calculated or presented using different accounting conventions.

Users remain responsible for independently verifying financial records, exchange statements, tax obligations, and trading outcomes.

5. No Warranties, Assumption of Risk & Limitation of Liability

5.1. NO WARRANTIES — "AS IS" AND "AS AVAILABLE"

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, B-52 ORIGINAL EDITION, B-52.io, AND ALL RELATED SOFTWARE, DOCUMENTATION, TELEMETRY, DATA, FEATURES, AND SERVICES ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AVAILABILITY, UNINTERRUPTED OPERATION, ERROR-FREE CODE, AND FREEDOM FROM SOFTWARE DEFECTS OR OPERATIONAL FAILURES.

Provider does not warrant or guarantee that B-52 or B-52.io will:

• Operate continuously, without interruption, or without errors.
• Remain free from defects, vulnerabilities, or unexpected behavior.
• Maintain uninterrupted exchange or network connectivity.
• Observe every market movement or detect every adverse trading condition.
• Execute every order successfully or at a particular price.
• Prevent trading losses, margin liquidation, or capital impairment.
• Recover successfully from every operational or infrastructure failure.
• Produce accurate, complete, uninterrupted, or continuously current public telemetry.
• Satisfy every user's particular trading, technical, operational, or commercial requirements.

NO DOCUMENTATION, TECHNICAL EXPLANATION, DEMONSTRATION, QUALIFICATION RESULT, HISTORICAL RECORD, PERFORMANCE REPORT, OR COMMUNICATION FROM PROVIDER SHALL CREATE ANY WARRANTY OR GUARANTEE NOT EXPRESSLY ESTABLISHED IN AN APPLICABLE, BINDING WRITTEN AGREEMENT.

Any warranties expressly provided in such an agreement remain subject to that agreement and applicable law.

5.2. ASSUMPTION OF TRADING AND OPERATIONAL RISK

ALL TRADING ACTIVITIES CONDUCTED THROUGH B-52 ARE UNDERTAKEN AT THE USER'S OWN FINANCIAL RISK.

Users retain responsibility for the trading strategies, execution parameters, exchange accounts, leverage, capital allocation, risk settings, and operating infrastructure under their control.

B-52's automated execution, risk-governance, and reconciliation features do not transfer responsibility for user-directed trading decisions to Provider.

FINANCIAL LOSSES MAY OCCUR EVEN WHEN B-52 OPERATES PRECISELY ACCORDING TO ITS INTENDED DESIGN AND PROGRAMMED RULES.

The Software's correct execution of a trading instruction does not establish that the instruction was financially appropriate or that its resulting loss was preventable.

5.3. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER AND ITS FOUNDERS, DEVELOPERS, OFFICERS, EMPLOYEES, AFFILIATES, AND CONTRIBUTORS SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES ARISING FROM OR RELATING TO THE USE OF, RELIANCE UPON, OR INABILITY TO USE B-52 ORIGINAL EDITION OR B-52.io, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, TRADING LOSSES, LOST PROFITS, MARGIN LIQUIDATIONS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION.

This limitation encompasses, to the extent permitted by applicable law, losses associated with:

• Adverse market movements, extreme volatility, and market gaps.
• Slippage, insufficient liquidity, or unfavorable execution prices.
• Third-party exchange interruptions, failures, or restrictions.
• Delayed, incomplete, inaccurate, or unavailable market data.
• Network disruptions, VPS failures, or infrastructure incidents.
• Software errors, operational interruptions, or technical limitations.
• Compromised customer-controlled environments or credentials.
• User-selected strategies, execution parameters, leverage, or risk configurations.
• Reliance upon historical results, public fleet telemetry, or demonstration information.

The foregoing exclusions and limitations apply to the extent legally permitted, including where Provider has been advised of the possibility of such damages.

5.4. MANDATORY LEGAL RIGHTS

NOTHING IN THIS DISCLAIMER EXCLUDES OR LIMITS ANY LIABILITY, WARRANTY, REMEDY, OR STATUTORY RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

The disclaimer of warranties and limitations of liability shall apply only to the extent enforceable under applicable law.

5.5. FUTURE COMMERCIAL AGREEMENTS

Additional contractual exclusions of warranties, limitations of liability, aggregate liability caps, indemnification provisions, remedies, and risk allocations may be established through separately applicable Terms of Service or a Software License Agreement.

Where a validly accepted governing agreement expressly provides different terms, that agreement shall control the relevant commercial relationship, subject to applicable law.

6. Jurisdictional Compliance & Restricted Territories

Access to cryptocurrency derivatives markets, leveraged financial instruments, automated trading technology, and third-party exchange services may be regulated, restricted, or prohibited in certain jurisdictions.

6.1. Responsibility for Legal Compliance

Users are responsible for determining whether their intended use of B-52 and the relevant trading activities comply with all applicable laws and regulations.

These may include:

• Financial-market and derivatives regulations.
• Exchange eligibility and account restrictions.
• Sanctions and trade restrictions.
• Tax reporting and accounting requirements.
• Rules governing automated or algorithmic trading.
• Other local legal and regulatory obligations.

Provider does not represent that use of B-52 or access to Binance Futures is lawful or available in every jurisdiction.

6.2. Exchange Terms and Eligibility

Users must comply with the rules, eligibility requirements, and geographic restrictions imposed by their selected exchanges.

B-52 MUST NOT BE USED TO CIRCUMVENT APPLICABLE LAWS, SANCTIONS, EXCHANGE RESTRICTIONS, OR THIRD-PARTY TERMS OF SERVICE.

Availability of B-52.io from a particular geographic location does not constitute approval, authorization, or confirmation of the legality of trading activities in that location.

6.3. Restricted Availability

Provider reserves the right to decline, restrict, or discontinue the availability of evaluation or commercial licensing services where necessary to comply with applicable law, sanctions, exchange restrictions, or other legitimate legal requirements.

7. Intellectual Property & Non-Affiliation

7.1. Intellectual Property Ownership

B-52 Original Edition, its original source code, software architecture, terminal cockpit interface, documentation, original designs, branding, and the B-52.io platform are protected by applicable intellectual-property laws.

Except for third-party software and materials governed by their respective ownership rights or licenses, applicable intellectual-property rights in Provider-developed materials are retained by Provider or its authorized licensors.

Nothing in this Disclaimer transfers ownership of intellectual property to any website visitor, evaluation participant, or prospective customer.

7.2. Software Licensing Rights

Access to B-52.io, public documentation, demonstration materials, or Private Evaluation information does not, by itself, grant a license to reproduce, redistribute, resell, sublicense, or commercially exploit B-52 Original Edition.

Commercial Software usage rights, including authorized deployments, permitted instances, subscription duration, restrictions, renewal terms, and termination conditions, shall be established through an applicable Software License Agreement.

7.3. Third-Party Trademarks

Binance and other referenced exchange or technology names remain trademarks or other intellectual property of their respective owners.

References to third-party technologies or trading venues are provided for product identification, compatibility descriptions, and technical information.

No third-party affiliation, sponsorship, approval, or endorsement should be inferred from such references.

7.4. B-52 Name and Independent Identity

The B-52 name draws engineering inspiration from the historic B-52 aircraft and its long operational heritage.

B-52 ORIGINAL EDITION AND B-52.io ARE INDEPENDENT COMMERCIAL SOFTWARE PRODUCTS AND ARE NOT AFFILIATED WITH, SPONSORED BY, APPROVED BY, OR ENDORSED BY BINANCE, THE UNITED STATES AIR FORCE, OR ANY AIRCRAFT MANUFACTURER.

8. Amendments, Effective Date & Authoritative Version

8.1. Right to Amend

PROVIDER RESERVES THE RIGHT TO REVISE, AMEND, SUPPLEMENT, OR UPDATE THIS DISCLAIMER AT ITS DISCRETION WITHOUT PRIOR INDIVIDUAL NOTICE, EXCEPT WHERE NOTICE OR OTHER ACTION IS REQUIRED BY APPLICABLE LAW OR AN EXISTING CONTRACTUAL AGREEMENT.

Revisions may reflect developments in applicable laws, regulatory requirements, exchange conditions, Software functionality, operational practices, or disclosed trading and technical risks.

8.2. Effective Date

A revised Disclaimer shall take effect upon publication on the official B-52.io website, or on a later effective date expressly stated in the revised document.

The applicable revision date shall be identified in the document's "Last Updated" field.

8.3. Authoritative Version

THE CURRENT VERSION OF THIS DISCLAIMER PUBLISHED ON THE OFFICIAL B-52.io WEBSITE CONSTITUTES THE AUTHORITATIVE PUBLIC VERSION OF PROVIDER'S LEGAL DISCLAIMERS AND RISK DISCLOSURES.

Downloaded copies, excerpts, archived editions, and reproductions on third-party websites are provided for reference or historical purposes.

Such copies do not supersede the currently published version for prospective use.

Previous versions remain relevant to the periods during which they were effective and to any rights or obligations governed by those versions.

8.4. Preservation of Existing Rights

Amendments to this Disclaimer shall not retroactively modify executed agreements, override expressly negotiated contractual terms, or remove rights and protections that cannot lawfully be waived.

Users are encouraged to review the published Disclaimer periodically.

9. Relationship to Terms of Service & Software License Agreements

This Disclaimer provides the public legal notices and risk disclosures applicable to B-52.io and B-52 Original Edition.

It is distinct from any separately applicable contractual agreement governing commercial services or Software licensing.

9.1. Future Terms of Service

Provider may introduce Terms of Service governing website services, customer accounts, Private Evaluation participation, subscription administration, and other commercial offerings.

Where applicable, such Terms of Service shall be presented through an appropriate contractual acceptance process.

9.2. Software License Agreement

Commercial licensing, installation, activation, or operation of B-52 Original Edition may require acceptance of a separate Software License Agreement.

Such an agreement may establish:

• Authorized software usage and deployment rights.
• Permitted trading instances and licensing scope.
• Subscription fees, payment conditions, and renewals.
• License duration, expiration, suspension, and termination.
• Intellectual-property restrictions and confidentiality obligations.
• Technical support and maintenance arrangements.
• Contractual warranty disclaimers and liability limitations.
• Agreed remedies, indemnification provisions, and dispute-resolution procedures.

NO COMMERCIAL SOFTWARE LICENSE IS CREATED MERELY BY ACCESSING B-52.io OR READING THIS DISCLAIMER.

9.3. Order of Precedence

Where a separately executed or otherwise validly accepted Terms of Service or Software License Agreement governs a particular customer relationship, the express provisions of that agreement shall prevail over conflicting provisions of this Disclaimer, subject to mandatory applicable law.

This Disclaimer remains applicable as a general statement of operational risks and software limitations to the extent consistent with the governing agreement.

9.4. No Replacement of Contractual Acceptance

Publication of this Disclaimer does not establish a paid subscription, grant commercial usage rights, or replace any required acceptance of an applicable Terms of Service or Software License Agreement.

Binding commercial rights and obligations shall arise under the applicable agreement and relevant law.