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TERMS OF SERVICE
Last Revised: July 25, 2024

These Terms of Service (the “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Creative Tech Free Zone Co. (“StakeWise”, “we,” or “us”), concerning your access to and use of the stakewise.io website (the “Website”), the app.stakewise.io web application (the “App”), the v2.stakewise.io web application (the “Legacy App”), and our related websites, hosted applications, mobile or other downloadable applications (collectively, the “Services”). By accessing or using the Services, you agree that you have read, understand, and accept all of the terms and conditions contained in the Terms. If you do not agree to all of the terms and conditions of the Terms, you may not access or use the Services.

Amendment of the Terms. We may amend or modify the Terms at any time by posting the revised agreement on the Website and/or providing a copy to you (“Revised Terms”). Such Revised Terms shall be effective as of the time the Revised Terms are posted. Your continued use of the Services after the posting of Revised Terms constitutes your acceptance of such Revised Terms. If you do not agree with any such modifications, your sole and exclusive remedy is to terminate your use of the Services.

Technical Services Only. THE SERVICES INCLUDE WEB-BASED INTERFACES THAT ALLOW USERS TO INTERACT WITH DECENTRALIZED SOFTWARE PROTOCOLS TO STAKE ETHER (“ETH”) AND GNOSIS (“GNO”) DIRECTLY ON THE ETHEREUM AND GNOSIS CHAIN BLOCKCHAINS. STAKEWISE IS NOT A BROKER, DEALER, EXCHANGE, INVESTMENT ADVISER, CUSTODIAN OR FINANCIAL SERVICE PROVIDER OF ANY KIND. THE SERVICES ARE TECHNICAL SERVICES THAT ENABLE USERS TO ACCESS AND USE SOFTWARE TO STAKE CRYPTO ASSETS DIRECTLY ON THE ETHEREUM AND GNOSIS CHAIN BLOCKCHAINS WITHOUT INTERMEDIATION BY STAKEWISE.

Binding Arbitration; Class Action and Jury Trial Waiver. PLEASE BE AWARE THAT SECTION 12 (DISPUTE RESOLUTION; AGREEMENT TO ARBITRATE) GOVERNS THE RESOLUTION OF DISPUTES BETWEEN YOU AND STAKEWISE. SECTION 12 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND STAKEWISE SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 12 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 12 CAREFULLY.

Data Privacy. StakeWise solely collects data about your use of the Services for purposes of improving the Services. Please refer to Section 2 of the Terms for more information about the types of data that we collect. Before StakeWise processes any personal data, StakeWise will provide you with prior notice and a privacy policy, describing the processing activities. Such privacy policy will be part of the Terms.

  1. Eligibility. To be eligible to access or use the Services, you must satisfy each of the following eligibility requirements:
    1. You are at least eighteen (18) years of age, or are the legal age for entering legally binding agreements under applicable law;
    2. You are not, nor are you an entity that is, or an entity owned or controlled by any person or entity that is, or conducting any activities itself or on behalf of any person or entity that is: located in Belarus, Burundi, Crimea and Sevastopol, Cuba, Democratic Republic of Congo, Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, Zimbabwe or the subject of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control, the U.S. Department of State or any other governmental authority with jurisdiction over the party; identified on the Denied Persons, Entity or Unverified Lists of the U.S. Department of Commerce’s Bureau of Industry and Security; or located, organized or resident in a country or territory that is, or whose government is, the subject of economic sanctions (each, a “Restricted Person”); and
    3. You are not accessing or using the Services on behalf of a Restricted Person.
  2. Data Collection.
    1. You acknowledge that we may collect data about your activities on the Website, unless you have disabled this feature in your web browser settings. The data is collected solely for purposes of improving the Services.
    2. We collect the following data in connection with your use of the Services:
      (A) Clicks on the interface elements;
      (B) Information about deposits (amount, token);
      (C) Selected currency and interface language; and
      (D) Wallet address in encrypted form.
    3. We do not collect personal data, such as your email address, location or other private information.
  3. The Protocol.
    1. The Protocol and the Services. The StakeWise protocol is an open-source Ethereum and Gnosis Chain blockchain software protocol that is available alongside the Services and is designed to enable users to contribute to network consensus by staking ETH and GNO through various methods (the “Protocol”). The Protocol software code is published at github.com/stakewise. New versions and upgrades to the Protocol may be released from time to time. The Services include the App, which is a user interface that allows users to access and interact with the Protocol, but the App is not the exclusive means to do so. Please review the Protocol software code and related documentation before using the App to access or use the Protocol to learn more about the rules and requirements of the Protocol. For the avoidance of doubt, the Protocol is not a part or component of the Services.
    2. StakeWise V3. The most current version of the Protocol is StakeWise V3. StakeWise V3 is software that allows users to configure, administer, launch and commit ETH and GNO to smart contracts that manage the allocation of ETH and GNO to validator nodes on behalf of users (each, a “Vault”) in a decentralized manner. You can access and use StakeWise V3 directly through the App user interface available at app.stakewise.io.
    3. Prior Versions of the Protocol. The Services may not be compatible with prior, abandoned, or outdated versions of the Protocol. StakeWise undertakes no responsibility or obligation to update or maintain support for legacy versions of the Protocol. Users that wish to continue to use the StakeWise V2, including legacy sETH2, rETH2, sGNO, and rGNO crypto assets, may do so through the Legacy App, which is available at v2.stakewise.io.
    4. Protocol Fees. You acknowledge and agree that the Protocol may from time to time assess service fees (“Protocol Fees”) directly from you in accordance with Protocol rules. The current Protocol Fees are set forth at https://docs.stakewise.io/protocol-overview-in-depth/fees. StakeWise is not responsible for liable for any Protocol Fees that result from your use of the Protocol.
  4. Accessing the App. To access and use the App, you will be required to connect a compatible Ethereum or Gnosis Chain blockchain digital wallet (“Wallet”). By connecting a Wallet to the App, you agree to abide by the terms and conditions of the applicable software provider or developer that makes the applicable Wallet software available to you. You are solely responsible for reviewing the terms of use, technology, and security protocols associated with your Wallet software. StakeWise does not offer Wallet software or take custody, possession or control of your crypto assets at any time. You are solely responsible for maintaining the security of your Wallet, including your credentials, private key, and/or seed phrase. StakeWise shall not be liable for any acts or omissions by you in connection with your Wallet or any security incident related to your Wallet.
  5. osETH and osGNO.
    1. Obtaining osETH. You may from time to time obtain a cryptographic receipt token called “osETH” through the Protocol. osETH is a freely transferrable ERC-20 cryptographic receipt token that evidence that the token holder is entitled to receive, control, hold, and dispose of staked ETH and any Ethereum network rewards that accrue to such staked ETH (“ETH Network Rewards”), subject to slashing penalties assessed by the Ethereum network against such staked ETH (“ETH Slashing Penalties”). You may elect to obtain osETH up to the maximum allowable amount of your ETH staked through any Vault to enable free transferability of such staked ETH. If you opt to obtain osETH, ETH Network Rewards and ETH Slashing Penalties earned in Vaults across the Protocol will result in an adjustment to the amount of staked ETH such osETH may be redeemed for through the Protocol. In other words, the amount of staked ETH represented by each unit of osETH will dynamically adjust from time to time to account for any ETH Slashing Penalties and ETH Network Rewards. StakeWise is not responsible or liable for any ETH Slashing Penalties or ETH Network Rewards that result from your use of the Protocol. For the avoidance of doubt, osETH is not a part or component of the Services.
    2. Obtaining osGNO. You may from time to time obtain a cryptographic receipt token called “osGNO” through the Protocol. osGNO is a freely transferrable ERC-20 cryptographic receipt token that evidence that the token holder is entitled to receive, control, hold, and dispose of staked GNO and any Gnosis Chain network rewards that accrue to such staked GNO (“GNO Network Rewards”), subject to slashing penalties assessed by the Gnosis Chain network against such staked GNO (“GNO Slashing Penalties”). You may elect to obtain osGNO up to the maximum allowable amount of your GNO staked through any Vault to enable free transferability of such staked GNO. If you opt to obtain osGNO, GNO Network Rewards and GNO Slashing Penalties earned in Vaults across the Protocol will result in an adjustment to the amount of staked GNO such osGNO may be redeemed for through the Protocol. In other words, the amount of staked GNO represented by each unit of osGNO will dynamically adjust from time to time to account for any GNO Slashing Penalties and GNO Network Rewards. StakeWise is not responsible or liable for any GNO Slashing Penalties or GNO Network Rewards that result from your use of the Protocol. For the avoidance of doubt, osGNO is not a part or component of the Services.
    3. Separate Terms and Conditions Apply. osETH and osGNO are governed by separate terms and conditions set forth in the osETH & osGNO User Agreement, available at https://app.stakewise.io/oseth-osgno-user-agreement. Please carefully review the osETH & osGNO User Agreement prior to obtaining, accessing or using osETH and/or osGNO.
  6. Vaults.
    1. Vault Toolkit. The App provides a user interface and software tools designed to enable users to independently configure, administer and launch a Vault (the “Vault Toolkit”) through the Protocol. Each user that configures a Vault (a “Vault Creator”) using the Vault Toolkit is solely responsible for managing the Vault and the validator node(s) associated with such Vault. The App will prompt the Vault Creator to provide certain information during the configuration process, including the name of the Vault, Vault service fees (“Vault Fees”) and technical specifications for the validator(s) associated with the Vault. The Vault Creator may elect for the Vault to be permissionless and allow any person to stake through the Vault or permission access to staking through the Vault to one or more whitelisted blockchain addresses.
    2. ETH Vault Receipt Tokens. The Vault Creator may elect for users that stake ETH through the Vault to receive a cryptographic receipt token (a “ETH Vault Receipt Token”) that evidences legal and beneficial ownership of the user’s staked ETH, including any ETH Network Rewards and less any ETH Slashing Penalties and Vault Fees.
    3. GNO Vault Receipt Tokens. The Vault Creator may elect for users that stake GNO through the Vault to receive a cryptographic receipt token (a “GNO Vault Receipt Token”) that evidences legal and beneficial ownership of the user’s staked GNO, including any GNO Network Rewards and less any GNO Slashing Penalties and Vault Fees.
    4. Third-Party Terms and Conditions May Apply. Vaults may be offered by a broad variety of Vault Creators, ranging from solo validator operators to institutional staking-as-a-service providers. Each Vault, ETH Vault Receipt Token, and GNO Vault Receipt Token may be subject to separate terms and conditions provided by the Vault Creator of the applicable Vault. Unless we expressly inform you otherwise, you acknowledge and agree that Vaults, ETH Vault Receipt Tokens, and GNO Vault Receipt Tokens are not issued, administered or controlled by StakeWise. Please carefully review any terms and conditions associated with a Vault and/or ETH Vault Receipt Token and/or GNO Vault Receipt Token before accessing or using such products and/or services. StakeWise shall not be liable to you for any loss involving a third-party Vault and/or ETH Vault Receipt Token and/or GNO Vault Receipt Token.
    5. Responsibility for Your Vault. As a Vault Creator, you are solely responsible for the Vaults that you configure, administer and launch using the Vault Toolkit, including for compliance with applicable laws and regulations in the jurisdictions within which you offer access to the Vault. You agree to indemnify, defend, and hold StakeWise and its officers, directors, employees, shareholders, creditors, lenders, lawyers, advisors, insurers, predecessors, successors, affiliates, and assigns (collectively, the “StakeWise Parties”), harmless from and against any and all damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from the configuration, administration, offering, sale, distribution, communication to the public, advertising, marketing, promoting or other use of your Vault and/or associated Vault Receipt Tokens.
    6. Vault Scoring Tool. The Services include access to performance scoring software designed to inform users about the network performance of validator nodes associated with each Vault (the “Scoring Tool”). The components of the scoring system and its outputs are decided upon and managed by Rated Labs Ltd ("Rated Network"). The Scoring Tool is provided by Rated Network and accessible through the Services for educational and informational purposes only. You acknowledge and agree that the Scoring Tool should not be relied upon to make any decision with respect to any Vault or considered to constitute investment advice. It is your responsibility to confirm that any information provided by the Scoring Tool is accurate and complete. StakeWise shall not be liable to you for any damages resulting from your reliance on the Scoring Tool.
  7. Prohibited Activities. You agree that you shall not do any of the following while using or accessing the Services:
    1. Impersonate or misrepresent your affiliation with any person or entity or otherwise commit fraud;
    2. Reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Services;
    3. Circumvent, disable or otherwise interfere with security related features of the Services, or features that prevent or restrict use or copying of any text, design, data, video content or other intellectual property, content or information, made available to you by StakeWise;
    4. Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available on the Website, servers or networks connected to the Website, or the technical delivery systems of our providers or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
    5. Attempt to bypass, breach, impair or circumvent any security or authentication measures protecting the Services;
    6. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
    7. Attempt to scrape, parse, access, search or meta-search the Services with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by StakeWise or other generally available third-party web browsers;
    8. Use the Services to send altered, deceptive or false source-identifying information;
    9. Use the Services in any manner not permitted by the Terms; or
    10. Encourage or instruct any other individuals to do any of the foregoing or to violate the Terms.
  8. Intellectual Property.
    1. Unless otherwise clearly stated, all copyright and other intellectual property rights present in the Services or displayed in connection with the Services, including, without limitation, the Website and App, registered or not, are owned by or licensed to StakeWise. The foregoing also applies to any software solutions, programs, code, and components of the foregoing, present in the Services.
    2. Subject to your compliance with the Terms, we grant to you a personal, worldwide, royalty-free, non-assignable, nonsublicensable and non-exclusive license to access and use the Services for your own personal use. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Services in the manner permitted by the Terms.
    3. With respect to any feedback you provide to StakeWise (whether orally or in writing) concerning the Services, including any features or functionalities thereof, and including identifying potential errors and improvements (“Feedback”), you hereby grant to Stakewise an exclusive, worldwide, perpetual, fully paid-up, royalty free, fully-sublicensable (through multiple tiers of sublicensees) and freely assignable and transferable license to use any Feedback for any purpose without payment or restriction. It is further understood that StakeWise’s use of Feedback, if any, may be made by StakeWise in its sole discretion, and that StakeWise shall in no way be obliged to make any payment to you for or make use of any kind of the Feedback or part thereof.
    4. You may not use any of our trademarks, trade names, service marks, copyrights, or logos, or our partners’, affiliated entities’, licensors’, or their licensors’ trademarks, trade names, service marks, copyrights, or logos, including but not limited to StakeWise, in any manner which creates the impression that such items (i) belong to or are associated with you or indicate the sponsorship or approval of us, our licensors, any partners, affiliates, or their licensors; or (ii) except as otherwise provided herein, are used with our licensors’, partners’, affiliates’, or their licensors’ consent, and you acknowledge that you have no ownership rights in or to any such items.
  9. Term; Termination.
    1. The Terms are effective beginning when you accept the Terms or first access or use the Services and ending when terminated as set forth in Section 9.2.
    2. Your right to use and access the Services will automatically terminate in the event you fail to comply with any of the terms and conditions of the Terms. Termination will be effective without notice.
    3. Upon termination of the Terms, your license rights will immediately terminate and you must immediately cease all use of the Services. Sections 2, 5.3, 6.4, 6.5, 7, 8.3, and 9.3-14 of the Terms shall survive any such termination.
  10. Risks.
    1. You acknowledge and understand that the Services may not be available or appropriate for use in all jurisdictions and your use of the Services may be subject to legal and regulatory compliance obligations in certain jurisdictions. By accessing or using the Services, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. You further agree that we have no obligation to inform you of any potential liabilities or violations of law or regulation that may arise in connection with your access and use of the Services and that we are not liable in any respect for any failure by you to comply with any applicable laws or regulations.
    2. You acknowledge that the Services incorporate experimental and novel technology and that the use of such technology involves a high degree of risk. For example, there are numerous reasons the Services and/or Protocol could fail in an unexpected way, resulting in the total and absolute loss of your crypto assets. You hereby agree that you assume all risks in connection with your use of the Services and expressly waive and release StakeWise from any and all liability, claims, causes of action or damages arising out of or in any way relating to you obtaining or using Services.
    3. You understand and accept the risk of operational challenges related to the Services. For example, the Services may experience cyber-attacks, unexpected surges in transaction volume or activity or other operational or technical difficulties or vulnerabilities that may cause interruptions related to your use of the Services. You agree to accept the risk of a failure of the Services and/or Protocol resulting from unanticipated or heightened technical difficulties or vulnerabilities, including those resulting from cyber-attacks. You agree not to hold StakeWise liable for any related losses.
    4. You agree that StakeWise is not responsible for any ETH, osETH, sETH2, rETH2, osGNO, sGNO, rGNO or other crypto assets that you receive, transfer, hold, stake, lose or otherwise use or misuse in connection with the Services. Additionally, you agree that StakeWise is not responsible for any tax obligations that you incur in connection with the Services.
  11. Disclaimer of Warranties; Limitation of Liability; Indemnification.
    1. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE ISSUED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND STAKEWISE DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO SUCH “AS-IS” AND “AS AVAILABLE” BASIS OR OTHERWISE IN CONNECTION WITH THE TERMS (EXCEPT AS EXPRESSLY PROVIDED HEREIN) AND STAKEWISE HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES AND CONDITIONS, INCLUDING ANY WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. TO THE EXTENT THAT STAKEWISE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR CONDITION, THE SCOPE AND DURATION OF SUCH WARRANTY OR CONDITION SHALL BE APPLIED TO THE MINIMUM EXTENT PERMITTED UNDER SUCH APPLICABLE LAW.
    2. IN NO EVENT SHALL STAKEWISE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES OF ANY TYPE OR NATURE HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THE SERVICES OR THE PROTOCOL, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED TO OR COULD HAVE BEEN REASONABLY FORESEEN BY YOU, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ADDITION, UNDER NO CIRCUMSTANCES SHALL STAKEWISE’S AGGREGATE LIABILITY UNDER THE TERMS EXCEED ONE-HUNDRED U.S. DOLLARS ($100.00).
    3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
    4. You agree, at your own expense, to indemnify, defend, and hold harmless the StakeWise Parties against any claim, suit, action, or other proceeding from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Services, or any links on the Services, including but not limited to: (i) any breach or violation of the Terms by you; (ii) material, information, or content submitted or provided by you; (iii) your use of the Services; or (iv) any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Services by you. You agree to pay any and all costs, damages, and expenses, including but not limited to reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defense.
  12. Dispute Resolution; Agreement to Arbitrate.
    1. All disputes, claims and controversies, whether based on past, present or future events, arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation or validity of any provision of the Terms, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim or controversy originating from the Terms, will be determined by binding arbitration in London, U.K. under the London Court of International Arbitration (“LCIA”) rules (the “LCIA Rules”), which are deemed to be incorporated by reference into the User Agreement, before a single arbitrator. The language to be used in the arbitral proceedings shall be English.
    2. The arbitrator will apply the substantive law of the United Arab Emirates, excluding its conflict or choice of law rules.
    3. Nothing in the Terms will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
    4. A party must notify the other party of its intent to commence arbitration prior to commencing arbitration. The notice must specify the date on which the arbitration demand is intended to be filed, which must be at least thirty (30) days after the date of the notice. During this time period, the parties will meet for the purpose of resolving the dispute prior to commencing arbitration.
    5. Subject to Section 12.4, each party may commence arbitration by providing to the LCIA and the other party to the dispute a written demand for arbitration, stating the subject of the dispute and the relief requested.
    6. Subject to the disclaimers and limitations of liability stated in the Terms, the appointed arbitrators may award monetary damages and any other remedies allowed by the laws of the United Arab Emirates. In making a determination, the arbitrator will not have the authority to modify any term of the Terms. The arbitrator will deliver a reasoned, written decision with respect to the dispute to each party, who will promptly act in accordance with the arbitrator’s decision. Any award (including interim or final remedies) may be confirmed in or enforced by a court located in the United Arab Emirates. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review.
    7. The party initiating the arbitration is responsible for paying the applicable filing fee. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the arbitration reporter at the arbitration hearing and the costs of the arbitration facility. In any arbitration arising out of or relating to the Terms, the arbitrator will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset.
    8. The parties will keep confidential the existence of the arbitration, the arbitration proceeding, the hearing and the arbitrator’s decision, except (a) as necessary to prepare for and conduct the arbitration hearing on the merits; (b) in connection with a court application for a preliminary remedy, or confirmation of an arbitrator’s decision or its enforcement; (c) StakeWise may disclose the arbitrator’s decision in confidential settlement negotiations; (d) each party may disclose as necessary to professional advisors that are subject to a strict duty of confidentiality; and (e) as applicable law otherwise requires. The parties, witnesses and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration, except as applicable law so requires or if the evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.
    9. In the case of a conflict between the provisions of this Section 12 and the LCIA Rules, the provisions of this Section 12 shall prevail.
    10. To the extent permitted by applicable law, any dispute arising out of or relating to the Terms, whether in arbitration or in court, shall be conducted only on an individual basis and not in a class, consolidated or representative action. Notwithstanding any other provision of the Terms or the LCIA Rules, disputes regarding the interpretation, applicability or enforceability of this class waiver may be resolved only by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither party is entitled to arbitration.
    11. If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to the Terms.
  13. Third Party Websites and Links.
    1. StakeWise may allow access to third party information, products, services, and other materials (collectively “Third Party Materials”), including via links. The content of other websites, services, goods, advertisements, or other Third Party Materials that may be linked to or from the Services is not maintained, endorsed or controlled by us. We are therefore not responsible for the availability, content, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, safety or accuracy of Third Party Materials, or any intellectual property rights therein, that may be linked to or from the Services. In addition, the availability of any Third Party Materials through the Services does not imply StakeWise’s endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider. Such third parties may have a privacy policy and/or terms of use that are different from StakeWise’s and may provide less security than StakeWise. Notwithstanding anything to the contrary herein, StakeWise is not responsible or liable for any such differences or discrepancies within the Third Party Materials. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Services; (b) verify or guarantee the accuracy, completeness, usefulness, or adequacy of any other websites, services, goods or other Third Party Materials that may be linked to or from the Services; or (c) make any endorsement, express or implied, of any other websites, services, goods or other Third Party Materials that may be linked to or from Services. You agree to access these other websites, services, goods, advertisements or other Third Party Materials at your own risk. For the avoidance of doubt, this paragraph covers websites linked to or from the Services. Any statements, opinions, or other information made available by third parties, including users, are solely those of the respective author(s) or distributor(s).
    2. WE DISCLAIM ANY AND ALL LIABILITY, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, FOR WEBSITES, SERVICES, GOODS, INFORMATION, ADVERTISEMENTS OR OTHER THIRD PARTY MATERIALS THAT MAY BE LINKED TO OR FROM, OR PROVIDED THROUGH, THE SERVICES. YOU ACKNOWLEDGE THAT NO REPRESENTATION HAS BEEN MADE BY US AS TO THE FITNESS OF THE WEBSITES, SERVICES, GOODS, ADVERTISEMENTS OR OTHER THIRD PARTY MATERIALS THAT MAY BE LINKED TO OR FROM THE SERVICES. YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR SOLE RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF USE OR PRIVACY POLICY OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
    3. You may link to the Services provided that you do so in a way that indicates that the link is direct to the Services and is fair and not misleading. You may not integrate or make use of all or part of the Services in ways that would confuse or mislead visitors as to the nature and origin of the Services’ content.
  14. General Provisions.
    1. Electronic Communications. By accessing or using the Services, you consent to receive electronic communications.
    2. Notices. StakeWise may provide you with notice and other communications via electronic communications as permitted by Section 13.1. You may provide us with notice by sending an email address to info@stakewise.io. All notices will be deemed effective upon dispatch.
    3. Waivers. For a waiver to be deemed effective, a waiver must be in a writing signed by the waiving party. The failure of either party to enforce any provision of the Terms will not constitute a waiver of that party’s rights to subsequently enforce the provision.
    4. Cumulative Rights; Injunctions. The rights and remedies of the parties under the Terms are cumulative, and each party may exercise any of its rights and enforce any of its remedies under the Terms, along with all other rights and remedies available to it at law, in equity or otherwise. Any material breach by a party of the Terms could cause the non-breaching party irreparable harm for which the non-breaching party has no adequate remedies at law. Accordingly, the non-breaching party is entitled to seek specific performance or injunctive relief for any such breach.
    5. Severability. If any provision of the Terms is declared to be invalid, illegal or unenforceable by a court of competent jurisdiction, then the validity, legality and enforceability of the remaining provisions contained herein shall not be affected thereby and the remainder of the provisions of the Terms shall remain valid, legal and enforceable to the fullest extent permitted by law.
    6. Force Majeure. StakeWise shall have no liability for any failure or delay resulting from any condition beyond our reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood, or other acts of God, labor conditions, power failures, equipment failures and Internet or blockchain network disturbances.
    7. Successors and Assigns. You may not transfer or assign the Terms or any rights or obligations hereunder, by operation of law or otherwise and any such attempted assignment shall be void. StakeWise reserves the right to freely transfer or assign the Terms and the rights and obligations hereunder to any third party at any time without your consent and prior notice to you. If you object to any such transfer or assignment, you may stop using the Services.
    8. Relationship of the Parties. Nothing contained in the Terms shall constitute you and StakeWise as members of any partnership, joint venture, association, syndicate, unincorporated business or similar assignment as a result of or by virtue of the relationship established by the Terms.
    9. Governing Law. The Terms shall be solely and exclusively governed, construed and enforced in accordance with the laws of the United Arab Emirates without giving effect to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction.
    10. Entire Agreement. The Terms constitute the entire agreement and understanding between you and StakeWise, and supersedes all previous communications, representations or agreements, whether written or oral, with respect to the subject matter hereof.
    11. No Third-Party Beneficiaries. The Terms are not intended and shall not be construed to create any rights or remedies in any parties other than you and StakeWise and other StakeWise affiliates, which each shall be a third-party beneficiary of the Terms, and no other person shall assert any rights as a third-party beneficiary hereunder.