Terms of Use

Latest Reviewed on: August 22, 2024

THE SATLAYER APPLICATION IS A SUITE OF EXPERIMENTAL BLOCKCHAIN-ENABLED FUNCTIONALITIES. USING OUR SOFTWARE PACKAGE MAY POSE SIGNIFICANT RISKS TO YOU AND YOUR ONLINE ASSETS. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING THESE RISKS AND YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU AND YOUR RIGHTS.

BY ACCESSING OR USING THE SATLAYER APPLICATION ON ANY DEVICE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

YOU MAY NOT USE OUR APPLICATION OR SERVICES IF YOU: (A) DO NOT AGREE TO THESE TERMS; (B) ARE NOT THE OLDER OF (i) AT LEAST EIGHTEEN (18) YEARS OF AGE; OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S FUNCTIONALITIES BY THESE TERMS OR BY APPLICABLE LAW.

THE PROTOCOL (AS DEFINED BELOW) IS NOT OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY PROHIBITED JURISDICTION, AS DEFINED BELOW (ANY SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, A “RESTRICTED PERSON”). WE DO NOT MAKE EXCEPTIONS; THEREFORE, IF YOU ARE A RESTRICTED PERSON, DO NOT ATTEMPT TO USE THE PROTOCOL OR ANY OF THE SERVICES. USE OF A VIRTUAL PRIVATE NETWORK (“VPN”) TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS STRICTLY PROHIBITED.

1. Acceptance of These Terms of Use.

These terms of use are entered into by and between you (“you” or the “User”) and Mithril Global Ltd. (“Company”, “we,” “us,” “our” or “SatLayer”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use” or this “Agreement”), govern the User’s access to and use of https://stake.satlayer.xyz/ (the “Application,” including any content or functionality offered on or through the Application accessible via any web-based intermediary interface, or collectively through other associated subpages and platforms).

The User must read these Terms of Use carefully before using the Application. By using the Application, the User accepts and agrees to be bound and abide by these Terms of Use and all documents incorporated herein by reference. If the User does not want to agree to these Terms of Use or any documents that are incorporated herein by reference, the User must not access or use the Application.

The Application is offered and available to users who are eighteen (18) years of age or older. By using the Application, the User represents and warrants that the User is at least the higher of legal age to form a binding contract with the Company in the User’s applicable jurisdiction or eighteen (18) years of age, and meets all of the foregoing eligibility requirements. Further, by using the Application, the User represents and warrants that the User is not a citizen or resident of, nor is located in, any country where the use of the Application is illegal or impermissible, whether by rule, statute, regulation, bylaw, court adjudication or order, protocol, administrative statement, code, decree, or other directive, requirement or guideline, whether applicable on the Company, the Application, the Protocol (as defined herein), or on the User (or any combination of the foregoing) by an authority with valid and enforceable jurisdiction (“Applicable Laws”). If you do not meet all of these requirements, you must not access or use the Application.

2. The Services and Protocol.

The Application’s services (the “Services”) include, without limitation, providing tools to enable those who access the Application (“Participants”) to interact with a set of decentralized open-source smart contracts designed for the re-staking of certain blockchain based tokens (“Digital Assets”), specifically on the Bitcoin (“BTC”) blockchain. The Application relies on blockchain-based functionalities and these underlying smart contracts are referred to herein as the “Protocol”. The Protocol enables secure and transparent transactions, while also providing an intuitive user experience.

The Application is not the only method that Participants may interact with, contribute to, access, or otherwise affect the Protocol. Thus, the Services (including the Application) are distinct from the Protocol, and any of the Protocol’s products or offerings should not be viewed as products or offerings provided by SatLayer or the Application. You are responsible for obtaining the data network access necessary to use the Services.

You are expected to be familiar with the Protocol and the risks it represents (including without limitation the possibility of your Digital Assets being forfeited according to the Protocol’s encoded parameters or being lost for any other reason) before accessing it (whether accessed via the Application or otherwise). YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OR INTERACTION WITH THE PROTOCOL IS AT YOUR OWN RISK AND SATLAYER WAIVES ALL LIABILITY OR RESPONSIBILITY, AND MAKES NO WARRANTIES, RELATED TO THE PROTOCOL, WHETHER OR NOT THE PROTOCOL IS ACCESSED VIA OUR SERVICES.

Your full engagement with and benefits from the Services offered by SatLayer, including but not limited to the Application, may necessitate the payment of transactional fees imposed by the underlying blockchain or distributed ledger technology compatible with the Protocol, or directly by the Protocol itself. These fees ("Blockchain Fees") are intended to facilitate and incentivize proper utilization within the Protocol’s ecosystem. For instance, Blockchain Fees may be applied when you redeem rewards, set up a blockchain-compatible wallet, or transfer distributed rewards into your personal Digital Asset wallet.

Please note that these Blockchain Fees are not directly charged by SatLayer, but rather are a result of your interaction with the Services and the governance rules established by the Protocol and the broader blockchain community. SatLayer does not have any influence over Blockchain Fees, including but not limited to their imposition, collection, amounts, or their operational execution and effectiveness, whether they arise from your use of the Services or otherwise. By using the Services, you agree that SatLayer is not liable for any aspect of the Blockchain Fees, including payment, reimbursement, refund, disbursement, compensation, or any other related matter.

SatLayer may charge you a fee to utilize the re-staking functionalities on the Application (the “SatLayer Fee”). The SatLayer Fee is charged at the sole discretion of the Company. By using the Application, you consent to the Company collecting the SatLayer Fee.

For additional details on blockchain technology, Digital Assets, and the risks involved, please refer to the section titled: Nature of Blockchain; Assumption of Risk; Waiver of Claims.

3. Key Features and Our Commitment to the Community

The Protocol facilitates Actively Validated Services (“AVS”) through an advanced infrastructure deployed on the Babylon blockchain. The Protocol utilizes continuous system monitoring, automated validation, and proactive issue detection to enhance security, reliability, and compliance. With Bitcoin as its sole security module, AVS ensures robust validation without external dependencies. Within Babylon, AVS strengthens the blockchain by continuously validating transactions and maintaining system integrity. SatLayer benefits from AVS by enhancing the security and reliability of its staking processes. While SatLayer relies on Bitcoin’s inherent security, AVS through Babylon adds an extra layer of protection, swiftly identifying and mitigating potential vulnerabilities or performance issues, thereby contributing to a more secure and dependable staking environment.
THE PROTOCOL’S SMART CONTRACTS RELY ON EXTERNAL THIRD PARTIES UNAFFILIATED WITH SATLAYER.
SATLAYER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY, SECURITY, OR ACCURACY OF ANY SMART CONTRACTS PROVIDED BY ANY OTHER THIRD PARTIES. BY USING THE PROTOCOL’S SMART CONTRACTS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SATLAYER DOES NOT HAVE ANY CONTROL OR INFLUENCE OVER ANY THIRD PARTY, AND SMART CONTRACT VULNERABILITIES IN THOSE EXTERNAL INTERACTIONS ARE SOLELY AT THE RISK OF THE PARTICIPANTS.

Guidelines for Using SatLayer:

• To ensure accountability and integrity within our community, you are required to:

  • Create only one personal account for individual or organizational use.
  • Not share your password, grant access to the account you use to login to SatLayer with others or transfer your account without our explicit permission.

• SatLayer is designed to be inclusive, yet certain restrictions apply:

  • Individuals convicted of serious offenses may be barred from the platform.
  • Accounts disabled for breaches of our Terms, Community Standards, or other applicable policies are not allowed to be recreated without our permission.
  • Usage is prohibited if it conflicts with laws applicable to you.
  • Manage only assets to which you have legal rights.
  • Respect others' financial and intellectual property rights.
  • Avoid distributing malicious software, spam, or anything that could harm the platform or its users.
  • Respect others' financial and intellectual property rights.
  • Avoid distributing malicious software, spam, or anything that could harm the platform or its users.

4. Accessing the Application and User Security.

We reserve the right to withdraw or amend the Application, and any other Services we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application, the Protocol, or any of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, to Participants.

The User is responsible for both:

• Making all arrangements necessary for the User to have access to the Application and the Services.
• Ensuring that all persons who access the Application or the Services through the User’s internet connection are aware of these Terms of Use and comply with them.

Services or resources offered on the Application may require the User to utilize certain Web3 capabilities, such as a Bitcoin wallet capable of interacting with the User’s web browser or relevant blockchain nodes (“Web3 Utilities”). It is a condition of the User’s use of the Application and the Services that the User only operate such Web3 Utilities with a private key(s) that the User created or has the direct, explicit permission of the party who created the relevant private key(s). The User agrees that all information it provides to interact with the Application, Services, or otherwise, including, but not limited to, through the use of any interactive features on the Application is correct, current, and complete. The User consents to all actions we take with respect to the User’s information as is consistent with these Terms of Use and all documents referenced or incorporated herein.

SatLayer offers participants multiple options for connecting self-custodied assets, enabling the execution of transactions and access to Services within the Application. Participants can choose from various compatible wallets, including but not limited to MetaMask, Rainbow, Coinbase Wallet, WalletConnect, Ledger, Trust Wallet, or any other wallet that meets the necessary compatibility requirements. SatLayer does not endorse any particular wallet, and the inclusion of these options is solely for the convenience of participants.

By interacting with the Application using MetaMask, Rainbow, Coinbase Wallet, WalletConnect, Ledger, Trust Wallet, or any other compatible wallet, participants agree to adhere to the respective Terms of Service of the wallet they choose to employ. It is crucial for participants to review and understand these terms to ensure their interactions align with the stipulated guidelines.

SatLayer also utilizes an API call to Babylon for certain blockchain-enabled functionalities. When leaving the Application, the User agrees to comply with the Terms of Use of Babylon, which can be found here. It is the User's responsibility to familiarize themselves with terms and ensure that their interactions conform to these requirements. The User acknowledges that Babylon’s services are governed by its own Terms of Use, which operate independently of SatLayer. This ensures that Users are aware that their use of Babylon through the Application must adhere strictly to the stipulated guidelines provided by Babylon.

If the User utilizes a Web3 Utility that relies on a separate username, password, private key, or any other piece of information as part of its security procedures, the User must treat such information as confidential, and the User must not disclose that information to any other person or entity. The User also acknowledges that any identity linked to its Web3 Utility is personal to the User and agrees not to provide any other person with access to such identity. The User also agrees to ensure that it will lock or otherwise prevent its Web3 Utility from unauthorized use on this Application or the Services at the end of each session. The User should use particular caution when accessing the Application or the Services from a public or shared computer so that others are not able to view or record the User’s username, password, private key, or other personal information. In the event the User’s Web3 credentials are compromised, they User acknowledges and understands that all of its related Digital Assets may be compromised as well, and waives any and all responsibility of and liability against SatLayer related to any losses in any such event.

5. Potential for Forks

The Protocol, and Digital Assets may be subject to "Forks" that occur when some or all persons running the software clients for a particular blockchain system adopt a new client or a new version of an existing client that: (i) changes the protocol rules in backward-compatible or backward-incompatible manner that affects which transactions can be added into later blocks, how later blocks are added to the blockchain, or other matters relating to the future operation of the protocol; or (ii) reorganizes or changes past blocks to alter the history of the blockchain. Some Forks may result in two or more persistent alternative versions of the protocol or blockchain, either of which may be viewed as or claimed to be the legitimate or genuine continuation of the original.

SatLayer cannot anticipate, control or influence the occurrence or outcome of Forks, and does not assume any risk, liability or obligation in connection therewith. SatLayer does not assume any responsibility to notify you of pending, threatened or completed Forks. SatLayer will respond (or refrain from responding) to any Forks in such manner as SatLayer determines in its sole and absolute discretion. SatLayer will not have any duty or obligation, or liability to any user if such response (or lack of such response) acts to your detriment. You assume full responsibility to independently remain apprised of and informed about possible Forks, and to manage your own interests and risks in connection therewith.

6. Taxes

The tax consequences of purchasing, selling, holding, transferring, or otherwise utilizing Digital Assets or the Services are uncertain and may vary by jurisdiction. Provider has undertaken no due diligence or investigation into such tax consequences, and you assume all obligation and liability for the tax consequences applicable to you.

7. Intellectual Property Rights.

By sharing content on SatLayer, you retain your rights to the intellectual property but grant us a license to use this content within our ecosystem. This is crucial for delivering our services, enhancing user experience, and developing new features. Except any open-source software or other material incorporated into the Application or the Services, the Application and its 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) are owned by the Company, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The User must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Application, except as follows:

• The User’s computer may temporarily store copies of such materials in RAM incidental to the User’s accessing and viewing those materials.
• The User may store files that are automatically cached by the User’s web browser for display enhancement purposes.
• The User may print or download one copy of a reasonable number of pages of the Application for its own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, the User may download a single copy to its computer or mobile device, provided the User agrees to be bound by any applicable end user license agreement or other similar agreement for such applications.
• For any open-source materials provided on the Application or through the Services, the User may perform any activities only as is consistent with the open-source license applicable to such materials.

The User must not:

• Modify copies of any materials from this Website.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

If the User prints, copies, modifies, downloads, or otherwise uses or provides any other person with access to any part of the Application in breach of these Terms of Use, the User’s right to access the Application will stop immediately and the User must, at our option, return or destroy any copies of the materials the User has made. No right, title, or interest in or to the Application or any content on the Application is transferred to the User, and all rights not expressly granted are reserved by SatLayer.

Notwithstanding anything to the contrary in these Terms of Use, the User may freely use any open-sourced materials up to the limits provided, but in accordance with any requirements placed, by those materials’ open-source licenses.

Any use of the Application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

8. Trademarks.

The terms “SatLayer,” “Sat Layer,” and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company; provided, however, the User is hereby granted a limited, revocable, non-transferable permission and license to use the term “SatLayer” and any related names, logos (excluding the SatLayer logo), product and service names, designs, and slogans in any way that they desire so long as such usage is not done in a way that: (1) is deceitful, fraudulent, or manipulative; (2) implies any relationship between User and SatLayer beyond that reasonably typical of a website administrator and its users; or (3) to cause confusion in any way to gain Digital Assets of, or personal information about, another party other than that intended by the Services, the Protocol, the Application or any related or interacting functionality (for example but without limitation, you may not use the foregoing marks to execute phishing attacks, spear-phishing attacks, social engineering, or in any way that may cause a party to transmit Digital Assets to an unintended recipient or to reveal private information, like a private key or password). All other names, logos, product and service names, designs, and slogans on the Application are the trademarks of their respective owners.

9. Prohibited Uses.

Users may access and utilize the Services and Protocol exclusively for lawful purposes, in strict adherence to these Terms of Use. The User commits not to deploy the Application or any future application developed by the Company in manners that:

• Contravene any federal, state, local, or international law or regulation. This encompasses, but is not limited to, regulations concerning data privacy, intellectual property rights, and the export of data or software to and from the United States or other nations.
• Facilitate, incite, or result in unlawful or unethical manipulation or misuse of data, including but not limited to AI training datasets, violating copyright laws, AI, or IP rights.
• Exploit, harm, or attempt to exploit or harm minors in any way, such as by exposing them to inappropriate content or soliciting personally identifiable information.
• Transmit or facilitate the transmission of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.
• Impersonate SatLayer, a SatLayer user, or any other person or entity, or otherwise conduct fraudulent activities.
• Engage in any activity that impedes or restricts anyone's use or enjoyment of the Services, or which may cause harm to SatLayer or its users or expose them to liability.
• Circumvent, or attempt to circumvent, any geographical restrictions, privacy measures, or other access controls, including the use of VPNs for such purposes.
• Cause, or potentially cause, damage, disruption, or impairment to the operation of SatLayer or affiliated applications, or engage in any unlawful, illegal, fraudulent, or harmful behavior.
• Extract data or perform any unauthorized form of data scraping, or interfere with the Protocol or Protocol operations in any manner not expressly permitted by SatLayer.
• Restrict or inhibit anyone's use or enjoyment of the Application or the Services, or which, as determined by us, may harm the platform, other participants, or expose them to liability. This includes access from United States of America, Burma (Myanmar), Cuba, Iran, Sudan, South Sudan, Syria, the Western Balkans, Belarus, Democratic Republic of the Congo, Iraq, Lebanon, Liberia, Libya, North Korea, the Crimea region, Somalia, Venezuela, Yemen, or Zimbabwe (collectively, “Prohibited Jurisdictions”), or if the user is listed as a Specially Designated National by the United States Office of Foreign Asset Control (“OFAC”).

Furthermore, Users must not:

• Misrepresent their identity or affiliation with any person or organization.
• Engage in any behavior that violates applicable laws or regulations, infringes on any person's legal rights, or promotes any illegal or immoral activities, including without limitation activities related to AI training or Copyright and Intellectual Property violations.
• Use the Protocol in a manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the network, or that could damage, disable, overburden, or impair the functioning of the network.
• Attempt to bypass any organic growth or decentralization filtering techniques employed by SatLayer or access any services or areas of the Protocol for which they are not authorized.
• Employ robots, spiders, crawlers, scrapers, or any other automated means or interfaces not provided by SatLayer to access the Protocol or extract data.
• Deploy or spread malicious software, viruses, or any other harmful code through the Application that could harm or disrupt the operation of other users' software or hardware.
• Use the Services to conduct "rug pulls," or any deceptive practice that involves artificially inflating the value of a token before suddenly withdrawing liquidity and selling off the token en masse, leading to financial loss for other users.
• Manipulate token prices or market conditions by employing techniques like wash trading, pump and dump schemes, or any other manipulative tactics that aim to exploit the trading environment for unfair profit through the Application.

10. AI Usage and Data Management

Use of Content and Data in AI Models: The use of our content or data within any language model, such as ChatGPT, Claude, or Llama, is prohibited. This prohibition includes training, tuning, or prompting of such models and is in accordance with the restrictions on use, distribution, and storage of data outlined in our Terms of Use**.**

Data Storage and Database Creation: The creation of databases or storage systems incorporating SatLayer content, particularly financial transaction data, is prohibited unless for approved backup purposes by authorized personnel. This ensures the integrity and security of sensitive financial data managed within the SatLayer ecosystem.

AI Tools in Financial Processing: The use of AI-enhanced tools for processing financial data or presenting transaction information is permitted under controlled conditions. Such usage must strictly adhere to guidelines ensuring that data is not distributed to unauthorized parties or misused by software providers for any purposes outside of the specified financial operations.

Engagement with AI Innovations: SatLayer is actively exploring the potential of AI to enhance the efficiency and security of financial transactions within our protocol. For more information on our AI initiatives or potential partnerships, please contact our development team.

Compliance with Financial Regulations: All interactions with tokens on SatLayer and the associated reporting of that data must comply with applicable financial regulations and the specific provisions set out in our Terms of Use. This includes strict adherence to laws governing financial transactions, anti-money laundering, fraud prevention, and data security.

11. Monitoring and Enforcement; Termination.

The Company reserves the right to:

• Take any necessary legal action, including but not limited to, referral to law enforcement, for any illegal or unauthorized use of the network.
• Terminate or suspend access to all or part of the Protocol for any or no reason, including without limitation, any violation of these Terms of Use.
• Without limiting the foregoing, the Company reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using our network. YOU WAIVE AND HOLD HARMLESS SATLAYER FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SATLAYER DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SATLAYER OR LAW ENFORCEMENT AUTHORITIES.

We cannot undertake to review all material before it is transmitted on the Protocol and cannot ensure immediate removal of objectionable material after it has been sent. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

12. WARRANTY DISCLAIMER.

SatLayer develops open-source software and does not directly offer, operate, or administer the Protocol. Our Services are designed to facilitate participants’ use of the Application. Users are responsible for their engagement with the Services, including any transactions or other information obtained through our platform. It is the User's responsibility to ensure compliance with all applicable laws and regulations pertaining to their use of the Services, especially regarding compliance with applicable financial regulations, anti-money laundering laws, fraud prevention, intellectual property rights, and international financial standards.

Users must acknowledge that SatLayer is not affiliated with, nor has our Platform, the Services, or the software it contains been reviewed or approved by, any regulatory authority concerned with data privacy or cybersecurity.

The User understands that SatLayer cannot guarantee that files available for download from the internet or through our Services will be free of viruses or other destructive code. Users are responsible for implementing adequate measures to fulfill their specific needs for: (1) ensuring the security and integrity of their web activities; (2) anti-virus protection and accuracy of data input and output; (3) engaging with asset streaming applications and related blockchain technologies; and (4) maintaining external backups to recover any lost data.

TO THE FULLEST EXTENT PERMITTED BY LAW, SATLAYER SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, MAN-IN-THE-MIDDLE ATTACKS, VIRUSES, OR OTHER TECHNOLOGICAL HAZARDS THAT MAY INFECT USER'S COMPUTER EQUIPMENT, SOFTWARE, DATA, OR OTHER PROPRIETARY MATERIAL AS A RESULT OF USING SATLAYER, ITS SERVICES, OR DOWNLOADING MATERIAL POSTED ON IT, OR ON ANY LINKED SITES. THIS INCLUDES ANY LOSSES RELATED TO ANY OF THE TOKENS DISTRIBUTED VIA THE PROTOCOL.

ADDITIONALLY, SATLAYER EXPRESSLY DISCLAIMS ANY LIABILITY FOR TRANSACTIONS INVOLVING THIRD-PARTY TOKENS AND SERVICES ACCESSED THROUGH THE APPLICATION. USERS ENGAGE WITH THESE TOKENS AND THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OF WALLET SERVICES LIKE METAMASK, RAINBOW, COINBASE WALLET, WALLETCONNECT, LEDGER, AND TRUST WALLET AT THEIR OWN RISK. SATLAYER DOES NOT ENDORSE, VERIFY, OR MAKE ANY REPRESENTATIONS REGARDING THE SAFETY, RELIABILITY, ACCURACY, OR PERFORMANCE OF ANY THIRD-PARTY TOKENS, WALLETS, OR SERVICES. THE USER ACKNOWLEDGES THAT ANY INTERACTION WITH SUCH TOKENS AND SERVICES IS GOVERNED SOLELY BY THE TERMS AND AGREEMENTS OF THOSE RESPECTIVE SERVICES, AND SATLAYER BEARS NO RESPONSIBILITY FOR ANY ISSUES THAT ARISE FROM SUCH INTERACTIONS.

THE USE OF THE PROTOCOL, ITS APPLICATIONS, AND ANY RELATED SERVICES IS SOLELY AT THE USER'S RISK. THE PROTOCOL AND ITS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SATLAYER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PROTOCOL OR ITS SERVICES. WE DO NOT GUARANTEE THAT ACCESS TO THE PROTOCOL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERRORS; THAT THE INFORMATION PROVIDED WILL BE ACCURATE, RELIABLE, OR CURRENT; OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SATLAYER OR THROUGH THE PROTOCOL, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE DO NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT, ADVERTISEMENTS, OR SERVICES PROVIDED THROUGH THE PROTOCOL OR ANY LINKED WEBSITES.

THESE DISCLAIMERS WILL NOT LIMIT OR EXCLUDE ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SATLAYER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, CONTRIBUTORS, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USER'S USE, OR INABILITY TO USE, THE PROTOCOL, ITS APPLICATIONS, THE SERVICES, ANY WEBSITES LINKED THROUGH OUR SERVICES, OR ANY CONTENT ON THE PROTOCOL OR SUCH OTHER WEBSITES. UNDER NO CIRCUMSTANCES WILL SATLAYER BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE PROTOCOL, NOR FOR THE USER'S INTERACTIONS WITH ANY THIRD-PARTY TOKENS OR SERVICES, INCLUDING BUT NOT LIMITED TO, THE USE OF WALLET SERVICES LIKE METAMASK, RAINBOW, COINBASE WALLET, WALLETCONNECT, LEDGER, AND TRUST WALLET. THIS INCLUDES ANY LOSSES, DAMAGES, OR DISRUPTIONS CAUSED BY THE USER'S ENGAGEMENT WITH OR TRANSFER OF THIRD-PARTY TOKENS, OR BY THE FAILURE, MISCONDUCT, OR ERRORS OF THIRD-PARTY SERVICES. USERS ARE SOLELY RESPONSIBLE FOR ALL DECISIONS AND TRANSACTIONS INVOLVING THIRD-PARTY TOKENS AND SERVICES, AND SATLAYER ASSUMES NO LIABILITY FOR ANY CONSEQUENCES OF SUCH INTERACTIONS, EVEN IF SATLAYER FACILITATED ACCESS TO THESE THIRD-PARTY SERVICES WITHIN THE APPLICATION. THIS ALSO INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROFITS, BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, GOODWILL, DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS DISCLAIMER OF LIABILITY EXTENDS TO ANY DAMAGES CAUSED BY ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY FRAUD, DECEIT, OR MANIPULATION), OR ANY FAILURE, EXPLOIT, OR VULNERABILITY OF THE NETWORK, SERVICES, THE TOKEN DISTRIBUTION PROTOCOL, OR THE UNDERLYING TECHNOLOGIES OR FUNCTIONALITIES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SATLAYER AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, CONTRIBUTORS, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID DIRECTLY TO SATLAYER FOR THE APPLICABLE CONTENT OR SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Indemnification.

The User agrees to defend, indemnify, and hold harmless SatLayer, its affiliates, licensors, and service providers, and its and their respective officers, directors, contributors, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (1) the User’s violation of these Terms of Use; (2) the User’s use of the Protocol, its applications, or any other services provided by SatLayer, including, but not limited to, the User’s interactions with any tokens or messages or reliance on content, services, and products accessed through the Protocol other than as expressly authorized in these Terms of Use; (3) the User’s reliance on any information obtained through the Application; or (4) any other party's access and use of the Protocol or its applications with the User’s assistance or by using any device or account that the User owns or controls.

15. Arbitration; Class Arbitration Waiver.

Any dispute, controversy or claim arising out of, relating to, or in connection with the User’s use of the Application or the Services, or in connection with this Agreement, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be finally resolved by binding arbitration administered in New York, New York by the International Centre for Dispute Resolution under its applicable Arbitration Rules. A single arbitrator shall preside, and proceedings shall be conducted remotely to the maximum extent possible. Each Party shall pay its own expenses in such arbitration, including its attorneys’ fees, subject to reapportionment by the arbitrator in a final award. The language of the arbitration shall be English. The prevailing Party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in such proceeding in addition to any other relief to which it may be entitled. Any interim or provisional relief that would be available from a court of law shall be available in accordance with the rules of ICDR, however, nothing in this Agreement shall preclude the Parties from obtaining preliminary injunctive relief in a court of competent jurisdiction located in New York, New York if necessary to prevent irreparable harm pending the conclusion of any arbitration. The final arbitration award may be confirmed in a state or federal court located in New York, New York and the Parties agree to waive any claim of improper venue or forum non conveniens. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that these Terms of Use do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then its remaining portions will remain in force.

16. Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM THE USER MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR A USER’S USE OF THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17. Waiver and Severability.

No waiver by SatLayer of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SatLayer to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

18. Entire Agreement.

These Terms of Use, the Privacy Policy, and any other document incorporated by reference herein constitute the sole and entire agreement between the User and SatLayer regarding the Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Application.

19. Changes to Terms.

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Application thereafter. However, any changes to the dispute resolution provisions set out in the Section entitled Governing Law & Jurisdiction below will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Application.

20. Points Program.

You may be attributed by us or third parties certain reputation indicators, loyalty points, or other intangible rewards related to your activities including staking (collectively, "Points"). Points are not blockchain tokens. Points are not, and may never convert to, accrue to, be used as basis to calculate, or become any other tokens or other Digital Asset or distribution thereof. Points are virtual items with no monetary value. Points do not constitute any currency or property of any type and are not redeemable, refundable, or eligible for any fiat or virtual currency or anything else of value. Points are not transferable, and you may not attempt to sell, trade, or transfer any Points, or obtain any manner of credit using any Points. Any attempt to sell, trade, or transfer any Points will be null and void.

We reserve the right to change, modify, discontinue or cancel any Points programs (including the frequency, criteria and calculation for earning such Points), at any time and without notice to you.

You agree not to engage in any manipulative, fraudulent, dishonest, or abusive activities in connection with Points. This includes, but is not limited to, creating multiple accounts to claim additional Points, using bots or scripts to automate claiming, or participating in any schemes that artificially inflate the perceived value of Points. We or our affiliates may terminate any or all of your Points due to such activities, or for breaching any license granted by us, and may disclose privately and publicly why such action was taken. Points may not be available in your jurisdiction.

21. Governing Law and Jurisdiction.

All matters relating to the Application and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of British Virgin Islands without giving effect to any law or rule that would cause the application of another jurisdiction’s law.

22. Contact Us.

If you have any questions about these Terms, please contact us at legal@satlayer.xyz.

End of Terms of Use