Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website located at https://staking.pyth.network (“Site”) operated by Pyth Data Association, Grabenstrasse 25, 6340 Baar, Switzerland (“Association”, “we”, “us”, or “our”) and the use of our tools available therein (the “Tools” and together with the Site, “Services”).

“You”, “your” and “User(s)” refers to anybody who accesses or in any way uses the Services. If you are accessing or in any way using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms and, in that case, “you”, “your” or “User(s)” will refer to that entity.

If you do not agree to these Terms, you are not permitted access or in any way use the Services. In the event of any conflict between these Terms, the Website Terms of Use or the Privacy Policy, the terms of these Terms shall prevail.

The foregoing is a partial summary. You must read these Terms in their entirety. In the event of any conflict or consistency on between this Summary and any other part of these Terms, any other part of these Terms shall prevail.

The Services provide links to third-party content (which may include smart contracts and cryptographically secured protocols). We provide such links 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 or items. USE OF ANY THIRD-PARTY PROTOCOL OR SMART CONTRACT LINKED ON THE SERVICES IS AT YOUR OWN RISK. THESE TERMS DO NOT GOVERN YOUR USE OF ANY PROTOCOL OR SMART CONTRACT OTHER THAN THE SERVICES. PLEASE CONSULT APPLICABLE LICENSES AND USER AGREEMENTS FOR INFORMATION REGARDING YOUR RIGHTS AND RISKS ASSOCIATED WITH YOUR USE OF AND ACCESS TO THESE MATERIALS.

By accessing or in any way using the Services, you automatically agree to these Terms. Your access and use of the Services is conditioned on your acceptance of and/or compliance with these Terms, the Website Terms of Use and our Privacy Policy. These Terms shall exclusively apply; any of your terms and conditions that contradict or deviate from these Terms shall only be valid if and to the extent that we have expressly agreed to them. If you do not agree with any part of these Terms, you may not access or use the Services.

These Terms may be changed at any time at our sole discretion and without prior notice. All changes are effective immediately upon posting. By continuing to use the Services after revised Terms have been posted, you signify your acceptance of and agreement to the changes.

You are responsible to regularly review these Terms to stay informed of any updates, as they are legally binding on you.

We reserve the right to modify or discontinue the Services at our sole discretion and without prior notice. We do not guarantee continuous availability or uninterrupted access to the Services. We will not be liable if all or any part of the Services is unavailable at any time or for any duration.

The Services are only accessible to Users who meet the following criteria: (i) you are at least 18 years of age; (ii) you are of sound mental capacity; (iii) you possess the technical knowledge necessary or advisable to understand and evaluate the risks associated with the Services, including cryptographic systems, blockchain-based networks, and the staking of digital assets (such as the occurrence of Slashing Penalties); and (iv) you are not prohibited from accessing or using the Services by any relevant laws; and additionally (v) if you are a legal entity, you are duly organized, validly existing, and in good standing under the laws of the jurisdiction in which you are organized, and you have all requisite power and authority to carry on your business as now conducted. By accessing or using the Services, you confirm and guarantee that you fulfil all of these criteria. If you do not meet these requirements, you are not permitted to access or use the Services.

We are based in Switzerland and do not make any claims that the Services are accessible or appropriate outside of Switzerland. Accessing and/or using the Services may be illegal for certain individuals or in certain countries. If you choose to access and/or use the Services from outside Switzerland, you do so at your own risk and are responsible for complying with local laws.

EXCEPT EXPLICTLY PROVIDED IN THESE TERMS, CERTAIN TOOLS AND/OR SERVICES ARE NOT DEVELOPED FOR, AND ARE NOT AVAILABLE TO PERSONS OR ENTITIES WHO RESIDE IN, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE OR PRINCIPAL PLACE OF BUSINESS IN THE UNITED STATES OF AMERICA, OR THE UNITED KINGDOM, OR CANADA (COLLECTIVELY, “BLOCKED PERSONS”). MOREOVER, THE SERVICES ARE NOT OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE OR PRINCIPAL PLACE OF BUSINESS IN ANY RESTRICTED JURISDICTION OR COUNTRY SUBJECT TO ANY SANCTIONS OR RESTRICTIONS PURSUANT TO ANY APPLICABLE LAW, INCLUDING THE CRIMEA AND SEVASTOPOL REGIONS, CUBA, IRAN, DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA (NORTH KOREA), SYRIA, MYANMAR (BURMA), DONETSK AND LUHANSK REGIONS, OR ANY OTHER COUNTRY TO WHICH THE UNITED STATES, THE UNITED KINGDOM, THE EUROPEAN UNION, SWITZERLAND OR ANY OTHER JURISDICTIONS EMBARGOES GOODS OR IMPOSES SIMILAR SANCTIONS, INCLUDING THOSE LISTED ON OUR SERVICES (COLLECTIVELY, THE “RESTRICTED JURISDICTIONS” AND EACH A “RESTRICTED JURISDICTION”) OR ANY PERSON OWNED, CONTROLLED, LOCATED IN OR ORGANIZED UNDER THE LAWS OF ANY JURISDICTION UNDER EMBARGO OR CONNECTED OR AFFILIATED WITH ANY SUCH PERSON (COLLECTIVELY, “RESTRICTED PERSONS”). THE SERVICES WERE NOT SPECIFICALLY DEVELOPED FOR, AND IS NOT AIMED AT OR BEING ACTIVELY MARKETED TO, PERSONS OR ENTITIES WHO RESIDE IN, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE OR PRINCIPAL PLACE OF BUSINESS IN THE EUROPEAN UNION. THERE ARE NO EXCEPTIONS. IF YOU ARE A BLOCKED PERSON OR A RESTRICTED PERSON, THEN DO NOT USE OR ATTEMPT TO ACCESS AND/OR USE THE SERVICES. USE OF ANY TECHNOLOGY OR MECHANISM, SUCH AS A VIRTUAL PRIVATE NETWORK (“VPN”) TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.

You access the Services by connecting a third-party digital wallet holding digital assets to smart contract systems offered by third parties that communicate with the Services. You understand that we do not hold your digital assets, have no power of disposal over your digital assets, or take any custody of them. We have no access to your digital assets or funds.

The Services allow you to participate in different non-custodial staking mechanisms on Pyth Network (“Pyth Staking”), an open-source oracle network (“Pyth Network”) governed by the Pyth DAO that provides financial market data to blockchain-based applications powered by a blockchain protocol (“Pyth Protocol”). PLEASE NOTE THAT THE PYTH DAO IS AN INDEPENDENT THIRD-PARTY ENTITY, NOT CONTROLLED BY, NOR UNDER THE CONTROL OF THE ASSOCIATION.

THE PARTICIPATION IN PYTH STAKING MAY BE SUBJECT TO SLASHING PENALTIES ON STAKED DIGITAL ASSETS ASSESSED BY PYTH NETWORK PURSUANT TO THE PYTH PROTOCOL (“SLASHING PENALTIES”). WE ARE NOT RESPONSIBLE FOR THE OCCURRENCE OF ANY SLASHING PENALTIES, YOU ARE STRONGLY ENCOURAGED TO INDEPENDENTLY RESEARCH AND FULLY UNDERSTAND THE CONDITIONS UNDER WHICH SLASHING PENALTIES MAY OCCUR, INCLUDING WHEN AND HOW THEY ARE TRIGGERED, AS WELL AS THE ASSOCIATED RISKS AND CONSEQUENCES.

FOR THE AVOIDANCE OF DOUBT, THE ASSOCIATION DOES NOT CONTROL PYTH NETWORK AND CANNOT CONTROL ANY ACTIVITY ON PYTH NETWORK, INCLUDING PYTH STAKING, THE ACTIVITIES OF PERSONS WHO DEVELOP AND USE APPLICATIONS ON PYTH NETWORK, THE PRODUCTION OF DATA ON PYTH NETWORK, OR USE OF PYTH NETWORK. PYTH NETWORK IS AN OPEN-SOURCE PROTOCOL THAT IS GOVERNED BY THE PYTH DAO.

We are not responsible for the keys to any digital assets or your seed phrase, or their loss or disclosure to others. The Association does not maintain your keys or your seed phrase, and is not responsible for their safe keeping. It is your responsibility at all times to ensure you have such credentials and maintain them securely. ANY LOSSES YOU SUFFER RELATING TO YOUR DIGITAL ASSET TRANSACTIONS, SLASHING PENALTIES, DIGITAL KEYS AND WALLETS, AND EXCHANGES ARE YOUR SOLE RESPONSIBILITY, AND YOU HEREBY INDEMNIFY US, AGREE TO DEFEND US, AND HOLD US HARMLESS AGAINST ANY CLAIMS OR LOSSES THAT YOU OR ANYONE ELSE SUFFERS AS A RESULT OF YOUR DIGITAL ASSET TRANSACTIONS, OR YOUR PARTICIPATION IN PYTH STAKING, EVEN IF YOU INITIATED YOUR TRANSACTION BY ACCESSING OUR SERVICES. If, once you use the Services and participate in Pyth Staking, and your digital assets are somehow transferred to a third party you didn’t intend to have them, it is your responsibility to get them back. PLEASE KEEP YOUR SEED PHRASE AND DIGITAL KEYS SAFE, AS THE ASSOCIATION DOES NOT HAVE THEM AND DOES NOT KNOW THEM. IF YOU LOSE THE KEYS OR SEED PHRASE, YOU MAY LOSE ACCESS TO YOUR DIGITAL ASSETS.

You also understand that we do not act as your agent, transaction broker, financial intermediary, or financial advisors or give you any advice of any kind with respect to what digital assets you choose to hold in your wallet or any staking thereof. As with Pyth Staking you can participate in via the Services, it is your responsibility and you are solely responsible for the contents of your third-party digital wallet, your staking decisions, how,when you stake digital assets and with whom and any occurrence of Slashing Penalties. It is also your responsibility to ensure you understand digital assets, how they work, what their value is, about staking such digital assets and the possibility of the occurrence of Slashing Penalties, as there are significant risks in doing so, all of which you solely assume.

Also note that the digital wallet you use for the Services may not connect or stake all digital assets. It is your responsibility to ensure compatibility with the Pyth Network.

We may suspend your access to or use of, or cancel your access to or use of the Services for any reason, including if we believe you have engaged in or are about to engage in any kind of fraud, if required pursuant to applicable laws, or you violate these Terms. We may provide you with notice of suspension, but do not undertake an obligation to do so. We may change the functionality of the Services at any time, which means some features could no longer be supported after a time. You acknowledge that this is the case, and accept this risk. Given that the third-party digital wallets are non-custodial, we do not perform any activities to vet Users prior to allowing them to create their third-party digital wallets or stake digital assets. You acknowledge that this is a risk you accept when you interact with the wallet or other users of the Services.

Our Services may at times make mistakes. You accept the risk that your transactions may be improperly processed, or not processed at all. We will not be liable for any such event. You hereby hold us harmless from any such event. We offer no guarantees and shall not provide any refunds for any services you paid for staking digital assets, even if you lose such digital assets.

We do not own, operate or control Pyth Network, its products and services (including Pyth Staking) or any parts thereof. Accessing, using or interacting with Pyth Network does not require the use of the Services. The Services aggregate and publish already publicly available information about Pyth Network in a user-friendly and convenient format. Such information might also be independently available from other sources.

The Association and the Services are not agents or intermediaries of the User, do not store or have access to or control over any digital assets, private keys, passwords, accounts or other property of the User, and are not capable of performing transactions or sending transaction messages on behalf of the User. The Services do not hold and cannot stake, purchase, sell or trade any digital assets. All transactions relating to the Pyth Network smart contract system are effected and recorded solely through the interactions of the User with the Solana network validators, who are not under the control of or affiliated with the Association or the Services.

The Association is not obligated to monitor access to or use of the Services or to review or edit any content. However, we reserve the right to do so in our discretion, if we choose. We reserve the right, but are not obligated, to remove or disable access to any 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.

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), other than third-party content, are owned by the Association, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Accessing or using the Services does not grant you any license or rights to use the intellectual property or trademarks of the Association, its licensors, its partners, or any third party, except as expressly permitted by these Terms. Any unauthorized use of such intellectual property may result in legal action.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to access and/or use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Association. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

The Association’s name, and all trademarks, logos, taglines, service names, designs, and slogans on the Services are trademarks of the Association or its affiliates or licensors. You must not use such marks without our prior written permission.

Depending on your location of residence, you may owe taxes on amounts you earn after staking digital assets. It is your responsibility to ensure you have accounted for, reported to the proper governmental authority, and paid all such taxes to the applicable governmental authority. We do not undertake any obligation to report any such taxes, nor collect or disburse them on your behalf. The taxes you owe are solely your responsibility. You hold us harmless and release us from and against any claims, losses, damages or demands arising in connection with taxes you may owe as a result of your use of the Services.

If we believe that you have engaged in or been a participant in any fraudulent transaction, we reserve the right to take any action we think appropriate, including forwarding your information and information about the transactions we believe or suspect to be fraudulent to applicable law enforcement agencies, which may result in civil or criminal penalties or other actions against you.

You and the Association recognize that each has a legitimate interest in maintaining confidentiality regarding these Terms, the subject matter of these Terms, or any other agreements, documents, or transactions referred to or contemplated herein and all trade secrets, confidential and/or proprietary knowledge or information of each other which you and/or the Association may receive or obtain as a result of entering into or performing its obligations under these Terms (collectively, “Confidential Information”).

You and the Association undertake to the other that you and/or the Association shall keep the Confidential Information in the strictest confidence, and shall not, without the prior written consent of the other disclosing the Confidential Information, use or disclose to any person Confidential Information, information relating to these Terms, or the transactions contemplated hereunder it has or acquires or information which by its nature ought to be regarded as confidential (including without limitation, any business information in respect of the other which is not directly applicable or relevant to the transactions contemplated by these Terms).

You agree to indemnify, defend, and hold harmless the Association, including our subsidiaries, affiliates, licensors, service providers, directors, officers, employees, agents, partners, contractors, successors, and assigns from and against any and all losses, damages, liabilities, claims, demands, actions, judgments, awards, costs, expenses, or fees (including reasonable attorneys' fees and expenses) arising out of or in connection with any third-party claims or any action, adjudication or decision taken against the Association by any government body, in each case, directly or indirectly arising (in whole or in part) out of any breach of these Terms.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are obligated to indemnify us. You agree to cooperate fully in the defense of any such claim, action, or proceeding. This includes allowing us to control the investigation, defense, and settlement of any legal claim subject to your indemnification obligations. We will make reasonable efforts to notify you of any such claim, action, or proceeding as soon as we become aware of it.

Your indemnification obligations under this section O. survive the termination of these Terms.

Upon termination of your access to or use of the Services, you remain responsible for any obligations or liabilities incurred during your use of the Services.

Termination of your access to or use of the Services does not limit any liability you may have incurred. All provisions of these Terms, which by their nature should survive termination, shall survive, including but not limited to intellectual property and trademarks (section L.), warranty disclaimers (section Q.) indemnity (section O.), and limitations of liability (sections S.) and sections T., U., V., W., X., Y, Z.

The Association shall not be liable to you or any third party for any termination of your access to or use of the Services. Any termination under this section P. shall be at the Association’s sole discretion.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE ASSOCIATION AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM AND AGAINST ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES, THEIR CONTENTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES (INCLUDING THIRD PARTY CONTENT ON OR OFF CHAIN) IS AT YOUR OWN RISK.

TO THE EXTENT NOT PROHIBITED BY LAW, WE PROVIDE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

THE ASSOCIATION, ITS AFFILIATES, LICENSORS, AGENTS, SERVICE PROVIDERS, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, REPRESRNTATIVES, AND EMPLOYEES CANNOT AND DO NOT GUARANTEE OR WARRANT THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR THE RESULTS OF USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS.

THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SERVICES AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE SERVICES CAUSED BY SUCH FACTORS. NEITHER THE ASSOCIATION, NOR ITS AFFILIATES, LICENSORS, AGENTS, SERVICE PROVIDERS, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, REPRESENTATIVES, AND EMPLOYEES, NOR ANY OTHER PERSON ASSOCIATED WITH THE ASSOCIATION MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA.

YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY. NEITHER THE ASSOCIATION, NOR ITS AFFILIATES, LICENSORS, AGENTS, SERVICE PROVIDERS, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, REPRESENTATIVES, AND EMPLOYEES, NOR ANY OTHER PERSON ASSOCIATED WITH THE ASSOCIATION WILL BE RESPONSIBLE OR LIABLE FOR ANY LOSS, AND NO SUCH PARTY TAKES ANY RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, ANY USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) SERVER FAILURE OR DATA LOSS; (II) BLOCKCHAIN NETWORKS, DIGITAL WALLETS OR CORRUPT FILES; (III) UNAUTHORIZED ACCESS TO THE SERVICES; OR (IV) ANY THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK.

By accessing or using the Services, you represent that you understand the inherent risks associated with cryptographic systems,blockchain-based networks, staking of digital assets (including the occurrence of Slashing Penalties); and warrant that you have an understanding of the usage and intricacies of digital assets, smart contract-based cryptographic tokens, decentralized networks, and systems that interact with blockchain-based networks.

You acknowledge and agree that digital assets are volatile and risky, and their staking is affected by many factors outside our or your control. You are solely responsible for any transactions, and for all fees that you may incur as a result of you staking digital assets, including (without limitation) “gas” costs. The Services do not control the timing of any transaction, yet you acknowledge that the time of a transaction can affect the value of the digital asset or the fees associated with a transaction or both. You hereby agree that you hold us harmless against any and all claims arising from the transaction of your digital assets, or the timing of such transactions. Digital assets are not legal tender and are not backed by any government. Digital assets are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections. We make no guarantee as to the functionality of any digital asset network which might cause delays, conflicts of interest or might be subject to operational decisions of third parties that are unfavorable to you or affect your digital assets, or lead to your inability to complete a transaction. You hold us harmless from and against any losses you suffer as a result of your use of such third-party services, networks and protocols, including Slashing Penalties, even if you access them from our Services. There are no guarantees that a transfer initiated via your third-party digital wallet on the Services will successfully transfer title of or right in any digital assets. You acknowledge that, while the Services and the underlying software have been tested, it is still relatively new and could have bugs or security vulnerabilities. You further acknowledge that the Services and the underlying software are still under development and may undergo significant changes over time that may not meet Users’ expectations. You acknowledge that your use of certain technologies (e.g., jailbreaking tech) on the device with which you access the Services, may cause the Services not to work. You acknowledge that you accept all risk associated with your use of such advanced technologies, and any errors they may cause. You hereby hold us harmless from any losses you suffer as a result of your use of such technologies.

Digital assets and use of our Services may be subject to expropriation and/or theft. Hackers or other malicious actors may attempt to interfere with our Services or your use thereof in a variety of ways, including, but not limited to, use of malware, denial of service attacks, Sybil attacks, and spoofing. Furthermore, because much of our Services rely on open-source software, there is the software underlying our code that may contain intentional or unintentional bugs or weaknesses which may negatively affect the Services, or result in the loss of your digital assets, or your ability to control your third-party digital wallet. You hold us harmless from and against any losses you suffer as a result of such issues. You agree that your use of the Services is subject to, and you will comply with any, applicable open-source licenses governing any such open-source components. The information on our Services may not always be entirely accurate, complete or current. Information on the Services may be changed or updated from time to time without notice, including information regarding our policies, products and services. Accordingly, you should verify all information before relying on it. All decisions you make based on information provided through the Services are your sole responsibility and you hold us harmless from and against any losses you suffer as a result of such decisions. The Services may contain materials offered by or created by third parties. All such materials, and links to third party websites are provided as a convenience only. We do not control such materials, and provide no guarantee as to their accuracy, completeness, legality or usefulness. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any such third-party materials accessible or linked to from the Services. You agree and understand that all staking decisions and transactions are made solely by you. You agree and understand that under no circumstances will the operation of the Services and your use of it be deemed to create a relationship that includes the provision of or tendering of investment advice. NO FINANCIAL, INVESTMENT, TAX, LEGAL OR SECURITIES ADVICE IS GIVEN THROUGH OR IN CONNECTION WITH OUR SERVICES. No content found on the Services, whether created by us or another User is or should be considered as investment advice. You agree and understand that we accept no responsibility whatsoever for, and shall in no circumstances be liable in connection with, your decisions to use the Services. Nothing contained on the Services constitutes a solicitation, recommendation, endorsement, or offer by us or any third party to stake, buy or sell any digital assets, securities, or other financial instruments. Neither us nor any of our affiliates has: (1) evaluated the merit of any non-custody staking mechanisms available through the Services; or (2) has endorsed or sponsored any digital assets made available.

IF YOU ARE DISSATISFIED WITH THE USE OF THE SERVICES, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

THE ASSOCIATION, ITS AFFILIATES, LICENSORS, AGENTS, SERVICE PROVIDERS, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, REPRESENTATIVES, AND EMPLOYEES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROFITS, BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, GOODWILL, OR DATA, CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. SPECIFICALLY, THE ASSOCIATION, ITS AFFILIATES, LICENSORS, AGENTS, SERVICE PROVIDERS, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, REPRESENTATIVES, AND EMPLOYEES WILL NOT BE LIABLE FOR USER’S LOSSES ARISING FROM SLASHING PENALTIES.

THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN JURISDICTIONS WHERE SUCH EXCLUSIONS AND LIMITATIONS ARE NOT ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE SKILL AND CARE OR OUR BREACH OF THESE TERMS.

THE AGGREGATE LIABILITY OF THE ASSOCIATION AND ITS AFFILIATES, LICENSORS, AGENTS AND SERVICE PROVIDERS RELATING TO THE SERVIES WILL BE LIMITED TO ONE HUNDRET FRANCS (CHF 100.00). THE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

IF ANY PROVISION OF THIS SECTION S. IS OR BECOMES INVALID, THE REMAINING PROVISIONS SHALL REMAIN UNAFFECTED AND WILL BE REPLACED BY A VALID PROVISION THAT CLOSELY MATCHES THE ECONOMIC INTENT OF THE INVALID PROVISION.

The Association is not liable for any damage, loss, delay, or inconvenience caused by circumstances beyond our reasonable control. Such circumstances include, but are not limited to, war, threats of war, riots, civil disturbances, terrorist activities, industrial disputes, natural or nuclear disasters, fires, airport closures, adverse weather conditions, utility service interruptions or failures, or actions by any local or national government.

Nothing contained in these Terms shall be construed as creating any agency, partnership, employment of any type or other form of joint enterprise between you and the Association. You shall not represent to the contrary, either expressly, implicitly, by appearance, or otherwise.

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, that provision will be limited to the minimum extent necessary, and the remaining provisions will continue to be fully effective.

Our failure to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision, any other provision, or these Terms as a whole in the future.

You may not assign any of your rights, licenses, or obligations under these Terms without our prior written consent. Any attempt by you to do so will be void. We may assign its rights, licenses, and obligations under these Terms without any limitations and without your prior consent.

Any notices or other communications provided by the Association under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

All matters relating to the access to and use of the Services and these Terms, including any dispute or claim arising from or related to them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Switzerland, without regard to any choice or conflict of law provision or rule (whether of Switzerland or any other jurisdiction).

Any disputes, legal suit, action, or proceeding arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the Courts of Zug, ZG, Switzerland, subject to an appeal at the Swiss Federal Court. However, we retain the right to bring any suit, action, or proceeding against you for breach of this Policy in your country of residence or any other relevant country. You waive any objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

You agree that any dispute with us shall be resolved solely on an individual basis and not as a class action or any other representative proceeding. You agree that you cannot bring a claim as a class or representative action, nor on behalf of any other person or persons.

In the event of a dispute, you agree to maintain the confidentiality of all proceedings, including, but not limited to, any and all information gathered, prepared, and presented for the purposes of litigation or related to the dispute(s).