Please review these RockX Terms of Use (the "Terms") carefully as they set out legally binding terms and conditions between you ("you", "your" or "User") and Altstake Technology Pte. Ltd. (a company incorporated in Singapore with company registration number: 202120801R) ("we", "our", "us" or "Operator") in respect of:
- your access and/or use of the website accessible at https://www.rockx.com (together with any protocol(s) developed by Operator that facilitates Linkage (as defined below) with RockX Supported Third Party POS Protocols (as defined below) (such website and protocol(s) collectively the "Interface") to facilitate the Delegation/Nomination/Staking (as defined below) of your RockX Supported Tokens (as defined below) with RockX Validator Nodes (as defined below); and
- your Delegation/Nomination/Staking (as defined below) of your RockX Supported Tokens with RockX Validator Nodes whether via (i) the Interface ("Interface Access") or (ii) command line, third party interfaces, User locally installed programs, Software Development Kits, software code and blockchain and smart contract explorers (collectively "Third Party Access").
User and Operator are hereinafter separately referred to as "Party" and collectively as "Parties".
These Terms are to be read together with the provisions set forth in our Privacy Policy as may be published from time to time. Section titles in these Terms are for convenience only and have no legal or contractual effect, and the word "including" means "including without limitation." References to "Clause" and "Annex" are to a clause and annex (if any) of these Terms.
By your Delegation/Nomination/Staking of your RockX Supported Tokens with RockX Validator Nodes whether via Interface Access or Third Party Access, User shall be deemed to have agreed, understood, accepted and agreed to these Terms in their entirety, which Terms shall constitute a legally binding agreement between the Parties in respect thereof.
The RockX Validator Nodes are not intended for Delegation/Nomination/Staking of RockX Supported Tokens by Excluded Persons (as defined below). Accordingly, Excluded Persons should not engage in any Delegation/Nomination/Staking of RockX Supported Tokens with RockX Validator Nodes whether via the Interface and/or Third Party Access.
General Many blockchains which utilise proof of stake ("POS") as a consensus mechanism (collectively "POS Blockchains") adopt delegated POS (DPoS) and nominated POS (NPoS) for the secure validation and recording of transactions on those blockchains. We set out below typical operations and process of POS Blockchains which may be relevant to RockX Validator Nodes. However, operations and processes of RockX Validator Nodes in relation to particular POS Blockchains may differ. Validation and recording of transactions on a POS Blockchain is undertaken by operators of validator nodes (being operators of computer servers running the requisite validation and recording software compatible with such blockchains) ("Validator Nodes") that support the validation and recording of such transactions. For a Validator Node to be connected to a POS Blockchain and be eligible to validate and record transactions on that POS Blockchain, that Validator Node requires tokens ("Tokens") native to that POS Blockchain to be associated (such association to be referred to as "Linkage") to that Validator Node through a protocol ("POS Protocol") native to such POS Blockchain - such that validation rights attributed to the Tokens can be attributed to that Validator Node for eligibility to connect and to validate and record transactions on that POS Blockchain. - In respect of a POS Blockchain other than the Ethereum Blockchain, holders of Tokens that are native to such POS Blockchain can affect Linkage of their Tokens to a Validator Node to support that Validator Node’s eligibility to connect and to validate and record transactions on that POS Blockchain, with their Tokens remaining in their wallet addresses - such Linkage without transfer of Tokens to a wallet address associated with a Validator Node hereinafter referred to as "Delegate/Nominate" and the term "Delegation/Nomination" shall be construed accordingly. Furthermore, there is no fixed tenure / period for such Delegation or Nomination of Tokens.
- In respect of the Ethereum Blockchain, holders of ETH (being the Token that is native to the Ethereum Blockchain) can effect Linkage of their ETH to a Validator Node to support that Validator Node’s eligibility to connect and to validate and record transactions on the Ethereum Blockchain by transfer of their ETH from their wallet addresses to an Ethereum Blockchain smart contract address ("ETH Staking Contract") stipulated by Ethereum Foundation to which Validator Nodes can be associated to their Tokens via the POS Protocol stipulated by Ethereum for such Linkage ("Ethereum POS Protocol") - such Linkage involving transfer of Tokens to the ETH Staking Contract and association with a Validator Node hereinafter referred to as "Stake" and the term "Staking" shall be construed accordingly.
An operator of a Validator Node on a POS Blockchain and a holder of Tokens native to that POS Blockchain who Delegate/Nominate/Stake such Tokens to that Validator Node will be incentivized as follows : that holder of Tokens will receive directly from that POS Blockchain such Tokens ("Delegation/Nomination Fee" in respect of Delegation/Nomination or "Staking Fee" in respect of Staking, and collectively "Delegation/Nomination/Staking Fee") paid by the POS Blockchain and/or whoever initiates a transaction on that POS Blockchain to the extent that such transaction is validated and recorded by that Validator Node; and that Validator Node operator will receive an Operator Fee (as defined below).
Specifically in respect of Staking, Staking Fee comprises of : Block rewards which are a built-in mechanism of the Ethereum Blockchain to incentivize proper behavior by Validator Nodes and such proper behaviour is the proposing of valid blocks that are subsequently attested by all other Validator Nodes ("Block Rewards"); and Transaction Rewards, which comprises of the following two (2) fees : - priority gas fees paid by whoever initiates a transaction on the Ethereum Blockchain in order for their transaction to be completed faster; and
- an additional fee in the form of Maximal Extractable Value ("MEV") paid by such participants of the Ethereum Blockchain commonly referred to as "MEV searchers" and MEV refers to the maximum value that can be extracted from block production by including, excluding, and changing the order of transactions in a block.
(the priority gas fees and MEV, shall collectively be known as the "Transaction Rewards")
In respect of Delegation/Nomination and with reference to Clause 1.6(a), the Delegation/Nomination Fee which User shall be entitled to, shall be such Delegation/Nomination Fee accorded by such RockX Supported Blockchain (as defined below), less the Operator Fee (as defined below). In respect of Staking and with reference to Clause 1.7, the Staking Fee which User shall be entitled to, shall be the aggregate of such Block Rewards and Transaction Rewards, less the Operator Fee (as defined below). For the purposes of these Terms, "Operator Fee" in the context of Delegation/Nomination shall mean such percentage of the Delegation/Nomination Fee and in the context of Staking shall mean such percentage of the Transaction Rewards, charged by the Operator for operating and making available the RockX Validator Nodes (as defined below) for Delegation/Nomination/Staking, and the Interface. For purposes of these Terms, Linkage whether by way of Delegation/Nomination and/or Staking is collectively termed "Delegation/Nomination/Staking" and the term "Delegate/Nominate/Stake" shall be construed accordingly.
RockX Staking Infrastructure Operator is an operator of Validator Nodes ("RockX Validator Nodes") connected to and eligible to validate and record transactions on multiple POS Blockchains selected by RockX ("RockX Supported Blockchains") as indicated on the Interface from time to time. Subject to Section 3 of these Terms, Operator makes available RockX Validator Nodes for User and other users who are holders (provided they are not Excluded Persons) of Tokens native to RockX Supported Blockchains ("RockX Supported Tokens") to Delegate/Nominate/Stake their RockX Supported Tokens with RockX Validator Nodes via POS Protocols native to RockX Supported Blockchains ("RockX Supported Third Party POS Protocols") with a view to User and other users receiving Delegation/Nomination/Staking Fees from RockX Supported Third Party POS Protocols, which RockX Supported Third Party POS Protocols are accessible via the Interface and also Third Party Access.
Availability of RockX Staking Infrastructure Operator shall use best endeavors to make available : - the RockX Validator Nodes for Delegation/Nomination/Staking of RockX Supported Tokens by User whether by the Interface; and
- the Interface for use by User to engage in such Delegation/Nomination/Staking,
the RockX Validator Nodes together with the Interface collectively referred to as "RockX Staking Infrastructure".
- User acknowledges that the RockX Staking Infrastructure made available by Operator is a purely technical service, and that User can decide at its sole and free discretion on the number of RockX Supported Tokens (save in relation to Staking where a minimum of 32 ETH is required for Staking) and thus the number of corresponding validation rights in respect thereof that User is to Delegate/Nominate/Stake to the relevant RockX Validator Node operated by Operator.
Use of Interface The Interface has been developed by Operator to: enable User to access information ("Third Party Information") in relation to the Delegation/Nomination/Staking opportunities offered by RockX Supported Blockchains as may be provided by the RockX Supported Blockchains and presented on the Interface from time to time; - provide a graphical user interface that facilitates User’s access and/or use of RockX Supported Third Party POS Protocols for access and/or use by User to participate in Delegation/Nomination/Staking of User’s RockX Supported Tokens with RockX Validator Nodes using such RockX Supported Third Party POS Protocols; and
- enables User to monitor the status of RockX Validator Node(s) in respect of which User has Delegated/Nominated/Staked RockX Supported Tokens, and in respect of Staking only, also facilitates User’s management (including tracking and claiming) of Staking Fees.
- User acknowledges and accepts that RockX Supported Third Party POS Protocols, Third Party Access and Third Party Information are not provided, developed or controlled by Operator or its Affiliates (as defined below) and accordingly Operator nor its Affiliates shall not be liable to User for any loss incurred by User from the access and/or use of the RockX Supported Third Party POS Protocols and/or Third Party Access, and/or reliance on any Third Party Information.
- The Third Party Information that a User could have access to via the Interface includes information relating to RockX Supported Blockchains and RockX Supported Third Party POS Protocols including information relating to the Delegation/Nomination/Staking Fee that a User who engages in Delegation/Nomination/Staking of RockX Supported Tokens to a RockX Validator Node using a RockX Supported Third Party POS Protocol could receive from that RockX Supported Third Party POS Protocol. Operator does not make any representation or warranty as to the accuracy or completeness of any Third Party Information.
- The Interface is hosted and maintained by Operator, who may, in Operator’s sole discretion, modify or discontinue support for the Interface, any RockX Supported Blockchain, any RockX Supported Third Party POS Protocols(s), any RockX Supported Tokens and/or any Delegation/Nomination/Staking in respect thereof.
- User shall be responsible for obtaining the data network access necessary to use and/or access the Interface, and for acquiring compatible hardware or device necessary to access and use the Interface and any updates thereto.
- Use of the Interface may be disrupted as a result of malfunction and/or delays which are inherent to the use of the Internet and electronic communications, and User agrees that Operator shall not be responsible for any such disruption, malfunction and/or delay, and any loss which may arise therefrom.
- The Interface and its contents are Operator’s property or the property of Operator’s licensors and are protected by copyright, trademark, patent and other applicable laws. User are permitted to download and print content from the Interface solely for User’s own personal use, or in the ordinary course of User’s business, to the extent required to access and use the tools and information made available via the Interface. Unless with our prior written consent, the Interface and its contents must not be copied, reproduced, modified, sold, redistributed or otherwise used for any other reason.
- User shall not modify, adapt or hack the Interface or modify any other website so as to falsely imply that such other website is associated with the Interface and/or Operator and/or its Affiliates (as defined below) in any way. User shall not crawl, scrape, cache or otherwise access any content from the Interface via automated means, and User shall not use automated data collection, data mining, robots or any other data gathering methods of any kind on the Interface.
- User may, through hyperlinks displayed on the Interface, gain access to websites operated by persons other than Operator. Such hyperlinks are displayed only for User’s convenience, and Operator and its Affiliates assume no responsibility for the content, products and services displayed on linked third party websites or the use of any third-party software or other materials on the Interface.
Access and/or use of the Interface & RockX Supported Third Party POS Protocol(s) In order to access and/or use the Interface and its associated functions including access and/or use of RockX Supported Third Party POS Protocols, User will first be required to connect a RockX Supported Wallet (as defined below) via the Interface to such RockX Supported Third Party POS Protocol(s). For purposes of these Terms, "RockX Supported Wallet" in relation to a RockX Supported Third Party POS Protocol, means such digital wallet of User as may be supported by such RockX Supported Third Party POS Protocol.
Representations and Warranties A User in accessing and/or using the Interface and/or connecting a RockX Supported Wallet to a RockX Supported Third Party POS Protocol via the Interface or engaging in Delegation/Nomination/Staking of RockX Supported Tokens to a RockX Validator Node, represents and warrants to Operator as follows : - that User (if a natural person) is at least eighteen (18) years of age, and has the full right, power and authority to access and/or use the Interface (including the tools made available via the Interface), and to enter into and comply with these Terms;
- that User (if a body corporate) is duly incorporated and validly existing under the laws of the country of its incorporation;
- that User has the legal right and full power and capacity to enter into these Terms and to exercise all its rights and perform all its obligations hereunder, and has (if User is a body corporate) taken all necessary corporate actions to authorize its agreement to these Terms and the exercise of its rights and the performance of its obligations hereunder;
- that these Terms constitutes legal, valid, binding and enforceable agreement and obligations of User in accordance with its terms and all applicable laws and regulations, and that User’s agreement to these Terms do not conflict with or constitute or result in a breach of any applicable laws or regulations to which User is subject;
- that User is not prohibited and/or restricted under the laws of any jurisdiction applicable to User from (i) accessing and/or using the Interface; (ii) using a RockX Supported Wallet in connection with User’s access and/or use of the Interface; and/or (iii) engaging a Delegation/Nomination/Staking of User’s RockX Supported Tokens with a RockX Validator Node;
- that User is responsible for ensuring compliance with the laws of any jurisdiction applicable to User in relation to User (i) accessing and/or using the Interface; (ii) using a RockX Supported Wallet in connection with User’s access and/or use of the Interface; and/or (iii) engaging in Delegation/Nomination/Staking with a RockX Validator Node, and User acknowledges and agrees neither Operator nor any of its Affiliates (as defined below) shall be liable for User’s compliance or non-compliance with any such laws;
- that User is not an Excluded Person (as defined below), and User is not accessing and/or using the Interface from an Excluded Jurisdiction (as defined below);
- that User will not, and will not attempt to, authorize anyone other than User to (i) access and/or use the Interface using a RockX Supported Wallet owned by User; (ii) engage in Delegation/Nomination/Staking with a RockX Validator Node using User’s RockX Supported Tokens;
- that User’s (i) access and/or use of the Interface; (ii) use of a RockX Supported Wallet in connection with User’s access and/or use of the Interface; and/or (iii) Delegation/Nomination/Staking with a RockX Validator Node, does not constitute a Prohibited Use (as defined below);
- that User is the legal and beneficial owner of, or is authorized holder of (i) the RockX Supported Wallet that User uses to access and/or use the Interface and/or RockX Supported Third Party POS Protocols; and (ii) all RockX Supported Tokens that User deploys for Delegation/Nomination/Staking with a RockX Validator Node; and
- that User is knowledgeable in using and evaluating blockchain technologies and related blockchain-based digital assets, technology and tools, in particular, the Interface, RockX Supported Wallets, RockX Supported Third Party POS Protocols, RockX Supported Blockchains and Delegation/Nomination/Staking transactions involving RockX Validator Nodes, and User has evaluated each of the Interface, RockX Supported Wallets, RockX Supported Third Party POS Protocols, RockX Supported Blockchains and Delegation/Nomination/Staking transactions involving RockX Validator Nodes and understands all risks relating thereto and have not relied on any information, statement, representation, or warranty, express or implied, made by or on behalf of Operator or any of its Affiliates with respect to the Interface, RockX Supported Wallets, RockX Supported Third Party POS Protocols, RockX Supported Blockchains and Delegation/Nomination/Staking transactions involving RockX Validator Nodes.
- Each and all of User’s above representations and warranties are true, complete, accurate and not misleading from the time of User’s acceptance of these Terms and are deemed repeated each time User uses the Interface.
Excluded Person and Excluded Jurisdiction For purposes of these Terms: "Excluded Jurisdiction" means any of the following jurisdictions: - the People’s Republic of China; [(excluding Hong Kong SAR and Macau SAR)]
- the Central African Republic;
- the Democratic People’s Republic of Korea;
- the Democratic Republic of Congo;
- Belarus;
- Iran;
- Libya;
- Mali;
- Russia;
- Somalia;
- South Sudan;
- Sudan
- Yemen;
a jurisdiction identified by the Financial Action Task Force (FATF) for strategic AML/CFT deficiencies and included in FATF’s listing of "High-risk and Other Monitored Jurisdictions" accessible at https://www.fatf-gafi.org/en/topics/high-risk-and-other-monitored-jurisdictions.html; - a jurisdiction in which access and/or use of the Interface, RockX Supported Third Party POS Protocol(s), Delegation/Nomination/Staking transactions involving RockX Validator Nodes, would be subject of licensing; and/or
- a jurisdiction in which access and/or use of the Interface, RockX Supported Third Party POS Protocol(s), Delegation/Nomination/Staking with RockX Validator Nodes, is/are prohibited, restricted or unauthorized in any form or manner whether in full or in part under the laws, regulatory requirements or rules in such jurisdiction.
"Excluded Persons" refers to the following: a person who is: - a citizen of an Excluded Jurisdiction;
- domiciled in, resident of, or physically present / located in an Excluded Jurisdiction;
a body corporate: - which is incorporated in, or operates out of, an Excluded Jurisdiction; or
- which is under the control of one or more individuals who is/are citizen(s) of, domiciled in, residents of, or physically present / located in, an Excluded Jurisdiction;
- an individual or body corporate (i) accessing and/or using the Interface; (ii) using a RockX Supported Wallet in connection with User’s access and/or use of the Interface; and/or (iii) engaging in Delegation/Nomination/Staking with a RockX Validator Node, from within an Excluded Jurisdiction;
an individual or body corporate included in United Nations Consolidated List (accessible at https://www.un.org/securitycouncil/content/un-sc-consolidated-list); and/or - an individual or body corporate which is otherwise prohibited or ineligible in any way, whether in full or in part, under any laws applicable to such individual or body corporate from (i) accessing and/or using the Interface; (ii) using a RockX Supported Wallet in connection with User’s access and/or use of the Interface; and/or (iii) engaging in Delegation/Nomination/Staking with a RockX Validator Node.
Prohibited Use User shall not, directly or indirectly: access and/or use the Interface, use a RockX Supported Wallet in connection with User’s access and/or use of the Interface and/or engage in Delegation/Nomination/Staking with a RockX Validator Node : - in violation of any law, rule, or regulation of any jurisdiction that is applicable to User; and/or
- in violation or breach of these Terms and/or any other document from time to time governing User access and/or use of the Interface;
- in a manner that disrupts, interferes with, or otherwise adversely affects the normal flow or function of the Interface, the RockX Validator Nodes and/or Rock Supported Third Party POS Protocol(s) or otherwise act in a manner that may negatively affect the experience of other users using the Interface, and User shall not take advantage of software vulnerabilities and any other act that intentionally abuses or exploits the design and functions of the Interface, the RockX Validator Nodes and/or Rock Supported Third Party POS Protocol(s);
- engage in, or knowingly facilitate, any fraudulent, deceptive, or manipulative transaction activity in any digital asset (including RockX Supported Tokens) using the Interface, the RockX Validator Nodes and/or Rock Supported Third Party POS Protocol(s);
- engage in, or knowingly facilitate, any money laundering, terrorist financing, or other illegal activities using the Interface, the RockX Validator Nodes and/or Rock Supported Third Party POS Protocol(s);
- access or attempt to access non-public systems, programs, data, or services using the Interface;
- copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data or content relating to or forming any part of the Interface and/or the RockX Validator Nodes except as expressly permitted by applicable laws; and
- reverse engineer or attempt to reverse engineer the Interface and/or the RockX Validator Nodes except as expressly permitted by applicable law.
Waivers Save for direct losses incurred by User due to Double Transaction Signing Slashing (as defined below) which arises out of or relates to either Operator’s or our Affiliates’ (as defined below) willful misconduct, gross negligence or fraud, User agrees and acknowledges that neither Operator nor any of our Affiliates shall be liable to User for any direct, indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue, income or profits, and loss of use or data), arising out of or in connection with User’s (i) access and/or use of the Interface; (ii) use of a RockX Supported Wallet in connection with User’s access and/or use of the Interface; and/or (iii) Delegation/Nomination/Staking with a RockX Validator Node. For purposes of these Terms, : "Affiliates" of an entity means the owners, directors, officers employees, advisors, agents of such entity and companies in which such entity and/or the aforementioned persons has an interest; and "Double Transaction Signing Slashing" in relation to a RockX Supported Blockchain and a RockX Validator Node validating transactions is respect of such RockX Supported Blockchain, means a penalty imposed by the RockX Supported Third Party POS Protocol of such RockX Supported Blockchain for double transaction signing by such RockX Validator Node, and such penalty being a reduction in the amount of RockX Supported Tokens that were Delegated / Nominated / Staked by Users to such RockX Validator Node such that the amount of RockX Supported Tokens that Users receive on Unbonding (as defined below) would be less than the amount of RockX Supported Tokens initially Delegated / Nominated / Staked by such Users to such RockX Validator Node.
- By accepting these Terms, User waives all rights, claims and/or causes of action (present or future) under law (including any tortious claims) or contract against Operator and/or our Affiliates in connection with User’s (i) access and/or use of the Interface; (ii) use of a RockX Supported Wallet in connection with User’s access and/or use of the Interface; and/or (iii) Delegation/Nomination/Staking with a RockX Validator Node, save where such rights, claims and/or causes of action under law or contract are in relation to direct losses incurred by User due to Double Transaction Signing Slashing.
- [User undertakes not to initiate or participate, and waives the right to participate in, any class action lawsuit or a class-wide arbitration against Operator and/or our Affiliates in relation to User’s (i) access and/or use of the Interface; (ii) use of a RockX Supported Wallet in connection with User’s access and/or use of the Interface; and/or (iii) participation in Delegation/Nomination/Staking in relation to a RockX Validator Node.]
Termination - These Terms shall remain in full force and effect and be legally binding on User for so long as User (i) accesses and/or uses the Interface; (ii) uses a RockX Supported Wallet in connection with User’s access and/or use of the Interface; and/or (iii) engages in Delegation/Nomination/Staking with a RockX Validator Node.
Operator may restrict, suspend and/or terminate User’s : - access and/or use of the Interface;
- use of a RockX Supported Wallet in connection with User’s access and/or use of the Interface; and/or
- Delegation/Nomination/Staking in connection with a RockX Validator Node,
at any time (i) as deemed necessary by Operator for compliance with applicable laws/regulations; (ii) due to an emergency as determined by Operator or failure/malfunction of Interface, RockX Supported Third Party POS Protocol(s), RockX Supported Blockchain(s), Validator Node(s) or otherwise; or (iii) if User breaches or fails to comply with these Terms.
- Neither Operator nor any of our Affiliates will have any liability whatsoever to User for any such restriction, suspension and/or termination or for any action taken by Operator and/or any of our Affiliates to implement such restriction, suspension and/or termination which can include blacklisting User’s Supported Wallet which User uses to access and/or use the Interface and/or to engage in Delegation/Nomination/Staking unless it arises out of or relates to either Operator’s or our Affiliates’ willful misconduct, gross negligence or fraud.
User may discontinue a Delegation/Nomination/Staking of their RockX Supported Tokens with the Rockx Validator Nodes ("Unbonding") at any time. Further to User having undertaken Unbonding of Tokens that has been : - subject of Delegation/Nomination to a Validator Node, the release of such User’s relevant RockX Supported Tokens from Delegation/Nomination shall be effected within such period of time ("Delegation/Nomination Unbonding Period") determined by the RockX Supported Third Party POS Protocol through which such Delegation/Nomination/Staking was effected; or
- subject of Staking, the return of such User’s ETH from the ETH Staking Contract to such User’s RockX Supported Wallet from which such Staking was effected, shall be effected within such period of time ("Staking Unbonding Period") determined by the Ethereum POS Protocol through which such Staking was effected,
(Delegation/Nomination Unbonding Period and Staking Period collectively referred to as "Unbonding Period") and such User will not receive any Delegation/Nomination/Staking Fee during the Unbonding Period unless otherwise determined by such RockX Supported Third Party POS Protocol. Neither Operator nor any of our Affiliates will have any liability whatsoever to User for any losses, damages, reductions in value, or foregone opportunities incurred by User in respect of such User’s RockX Supported Tokens that are subject of a Unbonding.
- Sections 10 to 12 of these Terms shall remain in effect notwithstanding any such restriction, suspension and/or termination.
Disclaimer In accessing and/or using the Interface, User acknowledges and agrees that: - THE INTERFACE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS BY OPERATOR, AND OPERATOR EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON- INFRINGEMENT.
- OPERATOR HAS NOT MADE AND MAKES NO REPRESENTATION, WARRANTY AND/OR CONDITION OF ANY KIND THAT THE INTERFACE WILL MEET USER’S REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
- OPERATOR IS NOT USER’S BROKER, AGENT, TAX OR LEGAL ADVISOR, AND HAS NO FIDUCIARY RELATIONSHIP WITH OR OBLIGATION TO USER. NO COMMUNICATION OR INFORMATION PROVIDED BY OPERATOR IS INTENDED AS OR SHALL BE CONSTRUED AS INVESTMENT, FINANCIAL, TAX, LEGAL OR ANY OTHER KIND OF ADVICE. OPERATOR SHALL NOT BE LIABLE FOR ANY DECISIONS USER MAKES TO ACCESS AND/OR USE THE INTERFACE.
- TO THE EXTENT THAT APPLICABLE LAW REQUIRES OR IMPOSES ANY REPRESENTATION, WARRANTY AND/OR CONDITION WITH RESPECT TO USER’S ACCESS AND/OR USE OF THE INTERFACE, ALL SUCH REPRESENTATION, WARRANTY AND/OR CONDITION ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST ACCESS AND/USE BY USER OF THE INTERFACE.
In accessing and/or using the RockX Supported Third Party POS Protocol(s) via the Interface, User acknowledges and agrees that: - THE ROCKX SUPPORTED THIRD PARTY POS PROTOCOL(S) AS ACCESSED VIA THE INTERFACE HAVE BEEN DEVELOPED BY PARTIES OTHER THAN OPERATOR AND ITS AFFILIATES AND ARE ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND OPERATOR EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY IN RELATION THERETO, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
OPERATOR HAS NOT MADE AND MAKES NO REPRESENTATION, WARRANTY AND/OR CONDITION OF ANY KIND THAT THE ROCKX SUPPORTED THIRD PARTY POS PROTOCOL(S) AS ACCESSED VIA THE INTERFACE WILL MEET USER’S REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. - TO THE EXTENT THAT APPLICABLE LAW REQUIRES OR IMPOSES ANY REPRESENTATION, WARRANTY AND/OR CONDITION WITH RESPECT TO YOUR ACCESS AND/OR USE OF ROCKX SUPPORTED THIRD PARTY POS PROTOCOL(S), ALL SUCH REPRESENTATION, WARRANTY AND/OR CONDITION ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST ACCESS AND/USE BY YOU OF THE ROCKX SUPPORTED THIRD PARTY POS PROTOCOL(S) (VIA THE INTERFACE).
- OPERATOR DOES NOT ENDORSE ANY THIRD PARTY AND SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY TRANSACTIONS YOU ENTER INTO WITH ANY OTHER THIRD PARTY.
- YOU ACKNOWLEDGE AND AGREE THAT ANY DELEGATION/NOMINATION FEE WHICH MAY BE DUE TO OR PAYABLE TO YOU IS TO BE PAID BY THE ROCKX SUPPORTED BLOCKCHAIN AND/OR WHOEVER INITIATES A TRANSACTION ON THAT ROCKX SUPPORTED BLOCKCHAIN TO THE EXTENT THAT SUCH TRANSACTION IS VALIDATED AND RECORDED BY THAT VALIDATOR NODE AND IS NOT THE RESPONSBILITY OF OPERATOR OR ANY OF OUR AFFILIATES. NEITHER OPERATOR NOR ANY OF OUR AFFILIATES SHALL BE LIABLE TO USER FOR ANY FAILURE TO RECEIVE ANY DELEGATION/NOMINATION FEE OR THE LOSS / DESTRUCTION OF ANY DELEGATION/NOMINATION FEE BY REASON OF TRANSFER TO AN INCORRECT OR INVALID ROCKX SUPPORTED WALLET UNLESS IT ARISES OUT OF OR RELATES TO EITHER OPERATOR’S OR OUR AFFILIATES’ WILLFUL MISCONDUCT, GROSS NEGLIGENCE OR FRAUD.
- YOU ACKNOWLEDGE AND AGREE THAT NEITHER OPERATOR NOR ANY OF OUR AFFILIATES WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS BETWEEN YOU AND ANY THIRD PARTY.
Limitation of Liability - SAVE FOR DIRECT LOSSES INCURRED BY USER DUE TO DOUBLE TRANSACTION SIGNING SLASHING WHICH ARISES OUT OF OR RELATES TO EITHER OPERATOR’S OR OUR AFFILIATES’ WILLFUL MISCONDUCT, GROSS NEGLIGENCE OR FRAUD, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OPERATOR AND/OR ANY OF OUR AFFILIATES BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF USER’S (I) ACCESS AND/OR USE OF THE INTERFACE; (II) USE OF A ROCKX SUPPORTED WALLET IN CONNECTION WITH USER’S ACCESS AND/OR USE OF THE INTERFACE; AND/OR (III) DELEGATION / NOMINATION WITH A ROCKX VALIDATOR NODE, EVEN IF OPERATOR AND/OR ANY OF OUR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- USER’S ACCESS TO AND/OR USE OF THE INTERFACE AND ROCKX SUPPORTED POS PROTOCOLS IS AT USER’S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
- NEITHER OPERATOR NOR ANY OF OUR AFFILIATES SHALL BE LIABLE TO USER FOR ANY LOSS OR DAMAGE ARISING OUT OF USER’S FAILURE TO KEEP USER’S PRIVATE KEYS OR LOGIN CREDENTIALS TO USER’S WALLET SECURE OR ANY OTHER UNAUTHORIZED ACCESS TO OR TRANSACTIONS INVOLVING USER’S WALLET.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF OPERATOR AND/OR ANY OF OUR AFFILIATES TO USER FOR ANY CLAIM BY USER FOR DAMAGES ARISING FROM OR RELATED TO USER’S (I) ACCESS AND/OR USE OF THE INTERFACE; (II) USE OF A ROCKX SUPPORTED WALLET IN CONNECTION WITH USER’S ACCESS AND/OR USE OF THE INTERFACE; AND/OR (III) DELEGATION / NOMINATION WITH A ROCKX VALIDATOR NODE: - WHETHER PURSUANT TO THESE TERMS; AND/OR
- WHETHER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO THE AMOUNT OF LOSS OR REDUCTION OF USER’S ROCKX SUPPORTED TOKENS DUE TO DOUBLE TRANSACTION SIGNING SLASHING. THE EXISTENCE OF MORE THAN ONE CLAIM BY USER WILL NOT ENLARGE THIS LIMIT.
Indemnification To the maximum extent permitted by the applicable laws, regulations and rules, User shall indemnify and hold Operator and/or any of our Affiliates, each of their respective employees, officers, directors and representatives (collectively, "Indemnified Party"), harmless, including costs and attorneys’ fees, from any loss, claim or demand made due to or arising out of: - User’s (i) access and/or use of the Interface; (ii) use of a RockX Supported Wallet in connection with User’s access and/or use of the Interface; and/or (iii) Delegation/Nomination/Staking with a RockX Validator Node;
- User’s violation of these Terms;
- User’s breach of any of any warranty, representation, or obligation hereunder; and
- User’s violation of laws or regulations applicable to User’s (i) access and/or use of the Interface; (ii) use of a RockX Supported Wallet in connection with User’s access and/or use of the Interface; and/or (iii) Delegation/Nomination/Staking with a RockX Validator Node.
- The relevant Indemnified Party reserves the right, at User’s expense, to assume the exclusive defense and control of any matter for which User is required to provide indemnification, and User agrees to cooperate in the defense of these claims. User shall not settle any matter without the prior written consent of the relevant Indemnified Party which shall not be unreasonably withheld or unduly delayed. The relevant Indemnified Party will use reasonable efforts to notify User of any such claim, action or proceeding upon becoming aware of it.
Tax Implications User is solely responsible for determining the tax implications and tax reporting requirements associated with User’s (i) access and/or use of the Interface; (ii) use of a RockX Supported Wallet in connection with User’s access and/or use of the Interface; and/or (iii) Delegation/Nomination/Staking with a RockX Validator Node, and for paying any applicable taxes in each applicable jurisdiction. Neither Operator nor any of our Affiliates shall be responsible for determining whether there are tax implications in connection with transactions involving User’s (i) access and/or use of the Interface;(ii) use of a RockX Supported Wallet in connection with User’s access and/or use of the Interface; and/or (iii) Delegation/Nomination/Staking with a RockX Validator Node, or for paying any applicable taxes.
Potential Risks Associated with Use of Interface and/or Protocol(s) (via Interface) User acknowledges and agrees to the following: - Like all software, the Interface, the RockX Validator Nodes and/or the RockX Supported Third Party POS Protocol(s) may be subject to exploits, accordingly, neither Operator nor any of its Affiliates shall be responsible to User for any such exploits or loss to User as a result of such exploits, whether foreseeable or not.
- While Operator has taken a number of precautions to ensure the security of the Interface and the RockX Validator Nodes, the technology constituting the Interface and/or the RockX Validator Nodes, and their interaction with RockX Supported Third Party POS Protocols, is relatively new and it is not possible to guarantee that the code is completely free from bugs or errors. Any adverse changes in market forces, technology, and regulatory environment impacting Operator’s performance under these Terms shall absolve Operator from responsibility in this regard, including but not limited to hacking attacks, possible theft, unfavourable regulatory action, or unclear legal/tax status of cryptographic tokens (including RockX Supported Tokens).
- User accepts all risks that arise from User’s (i) access and/or use of the Interface; (ii) use of a RockX Supported Wallet in connection with User’s access and/or use of the Interface; and/or (iii) Delegation/Nomination/Staking with a RockX Validator Node, including, and not limited to, the risk of any of User’s RockX Supported Tokens being lost due to a failure or exploit of the Interface, the RockX Validator Nodes, User’s RockX Supported Wallet and/or RockX Supported Third Party POS Protocols, in respect of which Operator and its Affiliates shall have absolutely no liability in this regard.
- User is solely responsible for securing the private keys associated with any RockX Supported Wallet which User uses in connection with User’s (i) access and/or use of the Interface; and/or (ii) Delegation/Nomination/Staking with a RockX Validator Node.
- User understands that anyone who obtains User’s private keys to User’s RockX Supported Wallet and/or access to User’s device containing such private keys, may access User’s RockX Supported Wallet controlled with those private keys with or without User’s authorisation and may transfer any RockX Supported Tokens accessible through User’s RockX Supported Wallet.
- In User’s (i) access and/or use of the Interface; (ii) use of a RockX Supported Wallet in connection with User’s access and/or use of the Interface; and/or (iii) Delegation/Nomination/Staking with a RockX Validator Node, User does so on User’s own initiative and at User’s own risk, and User is responsible for complying with all applicable local laws, rules and regulations relating to User’s (i) access and/or use of the Interface; (ii) use of a RockX Supported Wallet in connection with User’s access and/or use of the Interface; and/or (iii) Delegation/Nomination/Staking with a RockX Validator Node.
- Support for the Interface (as means to access the RockX Supported Third Party POS Protocol(s)) may be modified or discontinued at any time in Operator’s sole discretion.
In the event of a change in the operating rules or other features of the RockX Supported Third Party POS Protocol(s) ("Fork") that may result in more than one version of a network ("Forked Network") and more than one version of a digital asset ("Forked Asset"), the Interface, the RockX Validator Nodes and/or RockX Supported Third Party POS Protocol(s) may not support activity related to any Forked Assets. Forked Networks and the available supply of any Forked Assets are wholly outside Operator’s control. In the event of a Fork, Operator may temporarily suspend certain services on the Interface (with or without advance notice to User) while we determine, at our sole discretion, which Forked Network(s) to support. OPERATOR IS UNLIKELY TO SUPPORT MOST FORKED NETWORKS AND MOST FORKED ASSETS WILL LIKELY NOT BE MADE AVAILABLE TO USER. OPERATOR MAY DETERMINE, IN OUR SOLE DISCRETION, NOT TO SUPPORT A FORKED NETWORK. USER HAS NO RIGHT, CLAIM, OR OTHER PRIVILEGE AGAINST FORKED ASSETS ON SUCH UNSUPPORTED FORKED NETWORK. OPERATOR MAY, IN OUR SOLE DISCRETION, DETERMINE OUR APPROACH TO SUCH FORKED ASSETS, WHICH MAY INCLUDE ABANDONING OR OTHERWISE ELECTING NOT TO SUPPORT SUCH FORKED ASSETS AS PART OF OUR SERVICES. OPERATOR IS NOT RESPONSIBLE FOR ANY LOSSES, LIABILITIES, DAMAGES, OR REDUCTIONS IN VALUE OF ROCKX SUPPORTED TOKENS WHICH OCCUR AS A RESULT OF OR ARISE IN RELATION TO A FORK. Changes may be made to the RockX Supported Third Party POS Protocols ("Protocol Changes") and airdrops may arise, in each case outside of the control of Operator, and therefore except in cases where these Terms may provide otherwise:- - Operator may respond to Protocol Changes and/or airdrops in any way that Operator deems appropriate in its sole and absolute discretion, whilst taking care to act reasonably; and
- no exercise by Operator of such discretion or of any rights or powers available to it as operator of RockX Validator Nodes on the RockX Supported Blockchains shall constitute or be construed as a breach or violation of any obligations of Operator to User under these Terms.
OPERATOR IS NOT RESPONSIBLE FOR ANY LOSSES, LIABILITIES, DAMAGES, OR REDUCTIONS IN VALUE OF ROCKX SUPPORTED TOKENS WHICH OCCUR AS A RESULT OF OR ARISE IN RELATION TO ROCKX SUPPORTED POS PROTOCOL(S) CHANGES OR AIRDROPS.
User further acknowledges and agrees that : - User’s (i) access and/or use of the Interface; (ii) use of a RockX Supported Wallet in connection with User’s access and/or use of the Interface; and/or (iii) Delegation/Nomination/Staking with a RockX Validator Node may not be appropriate or available for use in some jurisdictions; and
- Operator and its Affiliates do not represent or warrant that User’s (i) access and/or use of the Interface; (ii) use of a RockX Supported Wallet in connection with User’s access and/or use of the Interface; and/or (iii) Delegation/Nomination/Staking with a RockX Validator Node is appropriate or available for use in any particular jurisdiction.
Electronic Communications with Operator - The communications between User and Operator shall be via electronic means, either through the Interface or electronic mail.
For contractual purposes, User: - consents to receive communications from Operator in any electronic form; and
- acknowledges and agrees that all terms and conditions, agreements, notices, disclosures, and other communications that Operator provides to User electronically satisfy any legal requirement that would also be satisfied if such communications were to be in a hardcopy writing.
General Additional Terms : The provisions (if any) set out in Annex shall constitute part of these Terms. Entire Terms : These Terms (read together with our Privacy Policy), as well as any Additional Terms as per Clause 16.1, constitute the entire agreement between User and Operator regarding User’s access and/use of Interface. Singular and Plural : The definitions of words in the singular herein shall apply to such words when used in the plural where the context so permits and vice versa. Severability : If any provisions of these Terms are found by any court or tribunal of competent jurisdiction to be invalid, void, unlawful or unenforceable under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein. Relationship of Parties : Nothing contained in these Terms will be deemed to be construed as creating a partnership or an agency relationship or joint venture between User, Operator and/or any of our Affiliates. Assignment : These Terms, and User’s rights and/or obligations under these Terms may not be assigned without Operator’s prior written consent. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Operator reserves the right to freely assign these Terms, in whole or in part, and Operator’s rights and/or obligations thereunder at any time without notice. Waiver : A waiver by Operator of any right or remedy under these Terms shall only be effective if it is in writing, executed by a duly authorized representative of Operator and shall apply only to the circumstances for which it is given. Failure of Operator to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy, and no single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies. No Third-Party Rights : Save for Operator’s Affiliates who shall have the rights and benefits to the extent accorded thereto under these Terms, any person who is not a Party shall have no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce any of these Terms. Force Majeure : Operator shall not be deemed to be in breach of this agreement for any delay in performance or other non-performance of its obligations to the extent due to any Force Majeure. If Operator is affected by Force Majeure, it shall take reasonable steps to overcome the delay, and shall be entitled to a reasonable extension of the time to perform the obligation. For the purposes of this Clause 16.9, ‘Force Majeure’ means any unforeseeable circumstances not within the reasonable control of Operator, including without limitation:
- any strike, lockout or other industrial action;
- any destruction, temporary or permanent breakdown, malfunction or damage of or to any premises, plant, equipment (including computer systems, data centers and/or servers) or materials;
- any action, inaction, ruling, decree or injunction of a governmental or public authority of any kind, including not granting a consent, exemption, approval or clearance or imposing an embargo, export or import restriction, expropriation, rationing quota or other restriction, prohibition, order or change in policy that may materially prejudice Operator;
- any act of God, terrorism or sabotage, civil commotion or disorder, riot or revolution, sabotage, invasion, acts of the public enemy, blockade, insurrection, war, threat of or preparation for war or other armed conflict; and
- any accident, fire or explosion, storm, flood, earthquake, landslide, tsunami, subsidence, pandemic, epidemic or other natural physical disaster.
Governing Law and Jurisdiction : - The agreement as shall be constituted by User’s acceptance of these Terms, and any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of such agreement, shall be governed by and construed in accordance with the law of Singapore.
The Parties agree that any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC"), and judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant Party or its assets. The arbitration shall be conducted in accordance with the Arbitration Rules of the SIAC for the time being in force. The arbitral tribunal shall consist of a sole arbitrator to be appointed by the President of the SIAC. The seat of the arbitration shall be Singapore. The language of the arbitration shall be English. The arbitration agreement shall be governed by Singapore law.