Terms of service
Last revised: 11 April 2023
NOTICE ON PROHIBITED USE – RESTRICTED PERSONS: THE SERVICES ARE NOT OFFERED TO AND MAY NOT BE USED BY PERSONS OR ENTITIES WHO: (A) RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY STATE, COUNTRY OR OTHER JURISDICTION THAT IS DESIGNATED BY THE U.S. SECRETARY OF STATE AS A COUNTRY SUPPORTING INTERNATIONAL TERRORISM, OR THAT IS SUBJECT TO ECONOMIC SANCTIONS SUCH THAT U.S. NATIONALS CANNOT LAWFULLY ENGAGE IN TRANSACTIONS AS DESIGNATED BY THE OFFICE OF FOREIGN ASSETS CONTROL (OFAC) (EACH SUCH JURISDICTION, A “RESTRICTED JURISDICTION”); OR (B) LISTED ON THE OFAC SPECIALLY DESIGNATED NATIONALS, BLOCKED PERSONS LIST, OR ANY OTHER CONSOLIDATED PROHIBITED PERSONS LIST AS DETERMINED BY ANY APPLICABLE GOVERNMENTAL AUTHORITY (EACH SUCH PERSON OR ENTITY, A “RESTRICTED PERSON”). WE DO NOT MAKE EXCEPTIONS. THEREFORE, IF YOU ARE A RESTRICTED PERSON, YOU ARE NOT PERMITTED TO, AND DO NOT ATTEMPT TO, USE THE SERVICES. USE OF A SCHEME OR MEAN (E.G., A VIRTUAL PRIVATE NETWORK), WHETHER DIRECT OR INDIRECT, THAT IS INTENDED OR REASONABLY LIKELY TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.
NOTICE: YOU AGREE THAT DISPUTES REGARDING THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
BEFORE USING OUR SERVICE, YOU WILL NEED TO ENTER INTO A STAKE CONTRACT ON A BLOCKCHAIN WE SUPPORT. WE DO NOT CONTROL THE OPERATION OF ANY BLOCKCHAIN, INCLUDING ANY REWARDS THAT MAY BE OBTAINED THROUGH THE BLOCKCHAIN. ANY REWARDS YOU OBTAIN ARE NOT LEGAL TENDER, NOT BACKED BY ANY SOVEREIGN GOVERNMENT, MAY NOT BE WITHDRAWN FOR A PERIOD OF TIME (OR ANY TIME), ARE SUBJECT TO THE OPERATION OF THE BLOCKCHAIN, AND IF WITHDRAWN WILL BE SUBJECT TO SIGNIFICANT FLUCTUATIONS IN PRICE AND LIQUIDITY THAT MAY BE UNPREDICTABLE. THE REGULATORY LANDSCAPE REGARDING CRYPTOCURRENCIES COULD CHANGE AND AFFECT YOUR ABILITY TO USE, TRANSFER OR EXCHANGE ANY TOKEN IN YOUR POSSESSION. THE SERVICE IS PROVIDED “AS IS” WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. ACCORDINGLY, IT IS IMPORTANT THAT YOU READ THIS ENTIRE AGREEMENT CAREFULLY TO ENSURE THAT YOU FULLY UNDERSTAND YOUR RIGHTS AND OBLIGATIONS, AND THE POTENTIAL REPERCUSSIONS AND LIABILITY FOR YOU SHOULD YOU FAIL TO ADHERE TO YOUR OBLIGATIONS OR IN ANY OTHER WAY BE IN BREACH OF THIS AGREEMENT.
- “Applicable Law” means any applicable national, provincial, international, federal, state, county, and local statute, law, ordinance, regulation, rule, code, and order.
- “MEV” means maximum extractable value which may or may not be available on any given blockchain.
- “Party” means you or us, as applicable, and “Parties” means you and us collectively.
- “Personal Data” shall have the same definition as that ascribed to it by the General Data Protection Regulation (Regulation EU 2016/679).
- “Prohibited Content” means content that: (i) is illegal under Applicable Law; (ii) violates any third party’s intellectual property rights, including, without limitation, copyrights, trademarks, patents, and trade secrets; (iii) contains indecent or obscene material; (iv) contains libelous, slanderous, or defamatory material, or material constituting an invasion of privacy or misappropriation of publicity rights; (v) promotes unlawful or illegal goods, services, or activities; (vi) contains false, misleading, or deceptive statements, depictions, or sales practices; or (vii) contains viruses, Trojan horses, worms, or any other harmful, malicious, or hidden procedures, routines, mechanisms, or code.
- “Protocol Fees” has the meaning provided for in Section 4(a).
- “Services” means our provision of the Site and software and related services that will enable you to obtain and manage Validation Services.
- “Stake” means the amount of cryptocurrency staked by the User as part of depositing tokens to a Stake Contract.
- “Stake Contract” means a blockchain-based program or set of programs that enable(s) you to store your value as Stake pursuant to the staking protocol on the applicable Supported Blockchain.
- “Staking Reward” means the amount of newly issued or distributed cryptocurrency you receive based on the Stake committed to the applicable Supported Blockchain. Staking Rewards are generated pursuant to the applicable Supported Blockchain’s staking protocol. We do not control the issuance of Staking Rewards.
- “Supported Blockchain” means a blockchain on which stakefish operates at least one node participating in network consensus operations and/or the validation of transactions. The list of Supported Blockchains is available on our Site. Additional terms found in a Network Addendum may apply to Services obtained on certain Supported Blockchains.
- “Validation Services” means computational services performed in accordance with the validation or consensus protocol that records or updates state and contributes to the security of a Supported Blockchain, including creating blocks, submitting attestations, monitoring for malicious behaviors, reporting malicious behaviors, and observing such blockchain for new deposits performed through the Services.
- “Validator Signing Key” means the cryptographic key pair created in connection with a Stake Contract, if applicable pursuant to staking protocol on the Supported Blockchain, which is used by stakefish at the direction of the User to perform the Validation Services.
- “Withdrawal Key” means the cryptographic key created in connection with a Stake Contract, if applicable pursuant to staking protocol on the Supported Blockchain, that enables the withdrawal of Stake and Staking Rewards by the User. Control of the private key component of the Withdrawal Key entails the ability to control of the Stake. You should carefully guard and keep confidential the private key component of your Withdrawal Key. The public key component of the Withdrawal Key is publicly recorded on the Supported Blockchain.
2. Access and Use of the Services.
- As between you and stakefish, staking assets using the Services does not affect your ownership of the assets. When you stake assets you own, you continue to own those assets. Title to such assets remains with you and is not transferred to stakefish.
- To obtain Validation Services, you may be required to transfer the minimum Stake to a Stake Contract. Some Supported Blockchains may require you to establish a Withdrawal Key corresponding to the Stake Contract. We will not take possession of your Stake or the private key component of any Withdrawal Key created.
- You authorize stakefish to create a Validator Signing Key and use it to sign blockchain transactions as required for the performance of Validation Services. In the event that you choose to withdraw your Stake or terminate the Validation Services, this Validator Signing Key will no longer be functional. Subject to the operation of the blockchain, the creation of a new Validator Signing Key may be required for each time you stake tokens using the Validation Services.
- You agree that you will not (and will not authorize, permit, or encourage any third party to): (i) attempt to gain unauthorized access to the accounts of other Users of the Services; (ii) attempt to gain unauthorized access to the information of other Users of the Services or use the information of other Users of the Services; (iii) use the Services in violation of any Applicable Law; (iv) use the Services to harass or harm any other User or other person in any way; (v) use the Services to build a competitive product or service, or for any purpose not specifically permitted in this Agreement; (vi) interfere with or disrupt the Services; (vii) attempt to circumvent any security measure associated with the Services, access the Services from any location in which it is not offered, or attempt to circumvent any access restrictions; (viii) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code or any other aspect of the Services; (ix) modify, adapt, or create (or attempt to create) derivative works from the Services; (x) make any copies of the Services (or any portion thereof); (xi) resell, distribute, or sublicense the Services; (xii) remove or modify any proprietary marking or restrictive legends placed on the Services; or (xiv) introduce, post, upload, transmit, or otherwise make available to or from the Services any Prohibited Content.
- By using the Services, you represent and warrant that you are not a Restricted Person and do not reside in a Restricted Territory.
- The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
- We reserve the right to assist you in the event that you lose control of your wallet, but we are not required to assist you.
3. Changes to these Terms or the Services.
- We reserve the right to change the list of Supported Blockchains in our sole discretion, for any reason or no reason at all.
4. Termination and Suspension.
- If you choose to terminate this Agreement and cease using the Services, you may be required to sign and broadcast to the blockchain an exit transaction effecting the withdrawal of your Stake from the Services.
5. Fees and Rewards.
- We may charge fees for Services we make available to you (“Protocol Fees”), and we reserve the right to change those fees at our discretion upon notice to you. We will disclose the amount of fees we will charge you for the applicable Services at the time that you access the Services.
- All Protocol Fees are non-refundable, including if you choose to terminate this Agreement or if we terminate your access to and use of the Services as provided for hereunder.
- You will receive Staking Rewards as provided by the operation of the Supported Blockchain on which you are staking, net of any Protocol Fees. We have no control over those rewards, and the operation of the blockchain and the amount of any Staking Rewards is subject to change without any control or input by us. We do not guarantee and do not make any representations regarding Staking Rewards. Any reference on our site to past or projected Staking Rewards is an estimate and may change over time.
- You are solely responsible for the payment of any applicable taxes with respect to your share of Staking Rewards. Neither stakefish nor any of its agents shall provide any advice or guidance with respect to the tax obligations of the User. The tax characterization of the transactions contemplated by this Agreement under the laws of certain countries may be unclear. You are strongly encouraged to seek advice from your own tax advisor to discuss the potential tax consequences of the receipt of any Staking Rewards.
- Staking is inherently risky. Any token balance that you stake on blockchain may be diminished or lost based on operation of the blockchain, such as, for example, if penalties or slashing are incurred. We will use commercially reasonable efforts to prevent the occurrence of any slashing event, but we do not guarantee that slashing will not occur.
- To the extent that there are slashing or other penalties imposed resulting directly and solely from actions taken by stakefish that impact you, stakefish may, in its sole discretion, provide a refund up to the amount of the Services Fee. However, stakefish does not assume any obligation or liability with respect to slashing or other penalties, including where incurred based on your actions or the actions, systems, software, or service of any third party or any blockchain.
7. Maximal Extractable Value.
- On certain Supported Blockchains that will be identified on our Site, we may offer you the opportunity to elect to receive a portion of fees paid by network users to validators for specialty or priority transaction processing in the course of their performance of Validation Services (“MEV Fees”). You are not entitled to any MEV Fees. We may support and/or offer or terminate MEV Fees in our sole discretion with or without prior notice. The amount of MEV Fees available depend on market demand for such transaction processing among unaffiliated third parties using the applicable Supported Blockchain. If you elect to receive MEV Fees, you can receive your shared portion of MEV and/or priority fees by claiming them from the Site (net of claim transaction fees) and transferring them to your personal wallet, at which point they become your property. As a courtesy, we may (but are not obligated to) assist in sending any unclaimed MEV Fees to your wallet.
- You are solely responsible for the payment of any applicable taxes with respect to the MEV Fees. Neither stakefish nor any of its agents is responsible for any advice or guidance with respect to the tax obligations of the User. The tax characterization of the transactions contemplated by this Agreement under the laws of certain countries may be unclear. You are strongly encouraged to seek advice from your own tax advisor to discuss the potential tax consequences of the receipt of any MEV Fees.
8. Intellectual Property Rights.
- All right, title, and interest in and to the Services (and all content made available through the Services) is the sole and exclusive property of stakefish or its licensors, including all modifications, improvements, adaptations, and enhancements thereto. You acknowledge that the Services are protected by copyright, trademark, and other laws of the British Virgin Islands and other jurisdictions. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
- The limited right to access and use the Services is not a sale of the software underlying the Services. This Agreement does not provide the User with any right to receive any software code related to the Services.
9. Representations and Warranties; Disclaimers.
- You represent and warrant that: (i) you are of legal age to enter into this Agreement; (ii) you have the authority to enter into this Agreement; (iii) you do not intend to use the Services for any purpose that would be in violation of Applicable Law; (iv) your use of the Services does not violate any Applicable Law; (v) you are in compliance with any anti-money laundering obligations under the law of your jurisdiction or otherwise applicable to you; (vi) you have not been convicted of a criminal offence involving theft, dishonesty, breach of trust, money laundering, the illegal manufacture, sale, distribution of or trafficking in controlled substances, or substantially equivalent activity in a domestic, military, or foreign court; and (vii) you are not a “Person” described or designated in the Specifically Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or in Section I of the Anti-Terrorism Order; and you are not engaged in any dealings or transactions with any such Person.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, RELIABILITY, AND COMPLETENESS IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STAKEFISH MAKES NO WARRANTY THAT ACCESS TO THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK, AND YOUR RELIANCE ON ANY INFORMATION OR DATA CONTAINED IN THE SERVICE IS AT YOUR OWN RISK. STAKEFISH EXPRESSLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. STAKEFISH FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES ARISING FROM USAGE OF TRADE AND COURSE OF DEALING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STAKEFISH (I) DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL OPERATE IN COMBINATION WITH OTHER SOFTWARE AND (II) SPECIFICALLY DISCLAIMS WITH RESPECT TO THE SERVICE ANY CONDITIONS OF QUALITY, AVAILABILITY, RELIABILITY, SECURITY, LACK OF VIRUSES, BUGS, OR ERRORS.
- USER ACKNOWLEDGES THAT BLOCKCHAIN PLATFORMS ARE NEW AND THAT ANY RISK ASSOCIATED WITH USING ANY BLOCKCHAIN PLATFORM, STAKING ON THE PLATFORM, OR DEPOSITING TO THE STAKE CONTRACT RESTS ENTIRELY WITH USER. USER ACKNOWLEDGES THAT THE SERVICE MAY BE IMPACTED BY DEFECTS OR FAILURES IN A BLOCKCHAIN AND THAT STAKEFISH IS NOT RESPONSIBLE OR LIABLE FOR SUCH FAILURES, OR ANY OTHER SERVICE INTERRUPTION, SERVICE FAILURE, ACTION OR INACTION OF ANY THIRD PARTY, OR SIMILAR ISSUE ARISING FROM OR RELATED TO A BLOCKCHAIN.
- TO THE EXTENT THAT STAKEFISH MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. WITHOUT LIMITING THE FOREGOING, STAKEFISH MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE POTENTIAL MARKET FOR THE SERVICE OR THE AMOUNT OF REWARDS THAT MAY BE GENERATED BY A USER.
- STAKEFISH TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN ACCOUNT CREDENTIALS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) BLOCKCHAIN NETWORKS OR CORRUPT FILES; (IV) UNAUTHORIZED ACCESS TO THE SERVICE; OR (V) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK. STAKEFISH IS NOT RESPONSIBLE FOR ANY ISSUES WITH BLOCKCHAINS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES RESULTING IN THE LOSS OF VALUE.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
- Some Supported Blockchains may be subject to forks from time to time, which can occur when there are changes in the underlying protocol of the Supported Blockchain. In the event of a fork involving a Supported Blockchain, we will determine in our sole discretion which network if any to support in providing Validation Services under this Agreement. Without limiting the generality of the foregoing, stakefish does not assume any responsibility to notify a User of pending, threatened or completed forks.
- You acknowledge that cryptography and blockchain technology is an emerging technology subject to regulatory uncertainty and technological advances. Advances in code cracking or technical advances such as the development of quantum computers may present risks to blockchain systems, including the theft, loss, value depreciation, or the inaccessibility thereof.
10. General Prohibitions and stakefish’s Enforcement Rights.
You agree not to do any of the following:
- Use, display, mirror or frame the Services or any individual element within the Services, stakefish’s name, any stakefish trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without stakefish’s express written consent;
- Access, tamper with, or use non-public areas of the Services, stakefish’s computer systems, or the technical delivery systems of stakefish’s providers;
- Attempt to probe, scan or test the vulnerability of any stakefish system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by stakefish or any of stakefish’s providers or any other third party (including another User) to protect the Services;
- Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by stakefish or other generally available third-party web browsers;
- Use the Services, or any portion thereof, for the benefit of any third party or in any manner not permitted by these Terms;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other Users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
stakefish is not obligated to monitor access to or use of the Services. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Services or content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the law.
11. Limitation of Liability; Indemnity.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT STAKEFISH SHALL NOT BE LIABLE FOR ANY LOSS OF INFORMATION, DATA, LOSS OF INCOME, LOSS OF OPPORTUNITY OR PROFITS, COST OF RECOVERY, PERSONAL INJURY, OR OTHER LOSS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM THE USE OF THE SERVICE, OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE. THIS LIMITATION WILL APPLY EVEN IF STAKEFISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STAKEFISH’S TOTAL LIABILITY TO ANY USER ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICE EXCEED THE PROTOCOL FEES PAID IN THE APPLICABLE TOKEN OR ITS EQUIVALENT.
- THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STAKEFISH AND YOU.
12. General Provisions.
- Reservation of Rights. stakefish and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws protecting intellectual property. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Address: Trinity Chambers, P.O. Box 4301 Road Town, Tortola, VG1110, British Virgin Islands Email: email@example.com
- Assignment. Except as may be provided in an Applicable Addendum, User may not assign or otherwise transfer any of its rights or obligations under this Agreement without the prior, written consent of stakefish. stakefish may assign or otherwise transfer this Agreement in conjunction with a transfer of the Services. In all cases of assignment, the assignee agrees in writing to be bound by the terms and conditions of this Agreement. Any assignment or other transfer in violation of this Section will be null and void. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the Parties hereto and their permitted successors and assigns.
- This Agreement shall be governed by and construed in accordance with the laws of the British Virgin Islands, without regard for choice of law provisions thereof.
- Arbitration. Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the BVI International Arbitration Centre (“IAC”). The procedural rules shall be governed by the BVI IAC Arbitration Rules. The place of the arbitration shall be Road Town, Tortola, British Virgin Islands, unless agreed to otherwise by the Parties. The arbitration shall be conducted in the English language. The number of arbitrators shall be one.
- All disputes and arbitrations must be resolved on an individual basis. Class actions and class arbitrations are not permitted; you may bring a claim only on your own behalf and cannot seek relief that would affect other Users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
- Severability. If any provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be amended to achieve as nearly as possible the same economic effect as the original provision, and the remainder of this Agreement shall remain in full force and effect. Any provision of this Agreement, which is unenforceable in any jurisdiction, shall be ineffective only as to that jurisdiction, and only to the extent of such unenforceability, without invalidating the remaining provisions hereof.
- Force Majeure. Neither Party shall be deemed to be in breach of this Agreement for any failure or delay in performance to the extent caused by reasons beyond its reasonable control, including, but not limited to, acts of God, earthquakes, strikes, work stoppages, shortages of materials or resources, civil or military disturbances, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services (including cloud service providers).
- Third-Party Beneficiaries. Except for the Indemnified Parties that are third parties, there are no third-party beneficiaries under this Agreement.
- Complete Understanding. This Agreement constitutes the final and complete agreement between the Parties regarding the subject matter hereof, and supersedes any prior or contemporaneous communications, representations, or agreements between the Parties, whether oral or written, including, without limitation, any confidentiality or non-disclosure agreements. No term included in any confirmation, acceptance, or any other similar document from you in connection with this Agreement will apply to this Agreement or have any force or effect.
Last revised: 11 April 2023
1. Use of Validator NFTs.
- You may choose to stake on Ethereum through a Stake Contract that is controlled by a non-fungible token (i.e., a controllable electronic record on a blockchain, referred to herein as a “Validator NFT”). To create a Validator NFT, you must transfer 32 ETH to a stakefish-specified smart contract that enables you to create and control a Validator NFT and an associated Stake Contract, after which a Validator NFT will be minted to your wallet.
- When you own a digital wallet that holds a Validator NFT, as recorded by the Ethereum blockchain, you own (i) all personal property rights to that Validator NFT (i.e., the right to freely sell, transfer, or otherwise dispose of that Validator NFT); (ii) any value controlled by the Validator NFT, including the Stake and any accrued Stake Rewards or MEV Rewards (“Validator NFT Controlled Value”) associated with the Stake; and (iii) the right to access and use the Services subject to the Terms (the “Services Entitlement”). You do not own the intellectual property rights in the Validator NFT Art linked to the Validator NFT; those rights are owned by stakefish and are licensed to you pursuant to Section 2. The Validator NFT Controlled Value, the associated Services Entitlement, and the associated intellectual property rights licensed to you pursuant to Section 2 are herein referred to as the “Validator NFT Benefits.”
- You may freely transfer the Validator NFT along with its associated Validator NFT Benefits to any Validator NFT transferee (“Transferee”), provided that no transfer of any Validator NFT Benefits will have any effect and the associated Services and license shall terminate if the Transferee is (i) a Restricted Person or (ii) located in a Restricted Jurisdiction.
- Ownership of a Validator NFT and the Validator NFT Benefits are not separable in any way. In no event may you engage in any transaction or activity that purports to, or that does, decouple the Validator NFT Benefits from the Validator NFT.
- If you transfer the Validator NFT to a new owner, you are entirely responsible for any tax liability which may arise from minting or selling your Validator NFT. Any person who controls the Validator NFT will be able to control the Stake and any associated Stake Rewards or MEV Rewards. If you lose control of the Validator NFT, you may lose your Stake and any such rewards. STAKEFISH HEREBY DISCLAIMS ANY AND ALL LIABILITY AND RESPONSIBILITY FOR OR IN CONNECTION WITH YOUR WALLET, YOUR CONTROL OF YOUR VALIDATOR NFT, OR ANY DIGITAL ASSETS OR TRANSACTIONS THEREON OR THERETHROUGH, AND YOU AGREE TO HOLD STAKEFISH HARMLESS FROM AND IN CONNECTION WITH ANY SUCH LIABILITY OR RESPONSIBILITY.
- Any Transferee shall, by purchasing, accepting, accessing or otherwise using the Validator NFT, be deemed to accept all of the terms of the Terms.
2. License to the Validator NFT Art.
- Subject to your acceptance of, and compliance with, the Terms, upon lawfully acquiring a Validator NFT and for so long as you hold your Validator NFT (both dates as recorded by the Ethereum blockchain), stakefish hereby grants to you a non-exclusive, universe-wide, royalty-free, revocable license, with no right to sublicense, to use, copy, and display the Validator NFT Art linked to your Validator NFT solely for your own personal, non-commercial use (e.g., home display, display in a virtual gallery, in a “metaverse” or other interactive digital environments, or as a social media avatar), including to create a reasonable number of back-up copies and a physical print out, each to be retained only for so long as you own the associated Validator NFT.
- The license in this Section 2 is non-transferrable, except that it will automatically transfer in connection with a transfer of the Validator NFT (as recorded by the Ethereum blockchain). Upon the transfer of your Validator NFT to a new Holder, as recorded by the Ethereum blockchain, the license in this Section 2 granted to you will immediately and automatically terminate.
- Your license under this Section 2 shall automatically terminate, and all rights shall revert to stakefish if at any time: (i) you engage in any unlawful activity related to the Validator NFT (including any transfer of the Validator NFT that is contrary to Applicable Law or these Terms), or (ii) if stakefish has a reasonable basis for believing that you have engaged in a subsequent transaction with respect to an Validator NFT that is not recorded on, effected by, or otherwise conducted using the Ethereum blockchain. Upon any termination, discontinuation, or cancellation of the license in these Terms.
- We have no obligation to support the resolution of or to resolve any dispute that may arise between or among Validator NFT holders.
3. Reservation of Rights.
- All rights in and to the Validator NFT Art not expressly granted to you in these Terms are hereby reserved by stakefish. The Validator NFT Art is licensed, not sold. stakefish owns and will retain all title, interest, ownership rights and intellectual property rights in and to the Validator NFT Art.
- No rights are granted to you to any of stakefish’s trade names or trademarks hereunder, and no trademark or other rights based on designation of source or origin are granted to you. No trademark or other rights based on designation of source or origin are licensed to you. You may not use, attempt to register, or enforce any rights in any asset, including any domain names, social media accounts or related addresses, that contains or incorporates any artwork, other representation, name or mark that may be confusingly similar to such trademarks. For clarity, however, you may use your Validator NFT identification number (e.g., “#182”) to identify your particular Validator NFT or Validator NFT Art linked thereto.
- We reserve the right, but have no obligation, to clarify the terms of these Terms in relation to novel or unforeseen circumstances in its sole and exclusive discretion. If stakefish issues or provides any clarification about these Terms, such clarification will be binding on you, and you hereby waive any right that you may have to dispute it in any manner.
4. Assumption of Risk. You accept and acknowledge all risks associated with the following:
- You are solely responsible for determining what, if any, taxes apply to your purchase, sale, or transfer of rights in the Validator NFT. We are not responsible for determining or paying the taxes that apply to such transactions.
- Transactions involving Validator NFTs may rely on the consensus of the Supported Blockchain on which they are recorded. Transactions recorded to such Supported Blockchain are immutable and public. We do not maintain, control, or assume any obligations with respect to the execution of any such transaction or any blockchain.
- You are solely responsible for the payment of any network transaction fees or costs (such as gas) when you transact using the Validator NFT.