Welcome to our Terms of Service
Last updated: May 6, 2021
1. Agreement to Terms
The information provided on the Site and our Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site or Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Our Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use our Services or our Site.
2. Updates, Amendments, Changes to Terms
“As A Service” means any individual or bundle of software, protocol, codebase, digital product, tool, or service that is provided remotely via a network (specifically, the internet) rather than hosted locally at the User’s (or User’s agent’s) physical premises.
“Blockchain” means a distributed digital ledger that is not under the control of a single identifiable or discreet individual or entity and where accounts (including units of account contained in them) cannot be manipulated without providing a user’s specific private key. This may be a “main net” used as a determinative record of historical events and transactions on the ledger, or a “test net” which operates like a main net but does not have a Cryptocurrency that carries substantial real-world value and is generally used for simulated or testing purposes.
“Cryptocurrency” or “Cryptocurrencies” means a unit(s) of account that is tracked by a Blockchain. “Delegate” means support a Validator Node to be one charged with maintaining (in collaboration) the operation and authenticity of a Blockchain.
“Designate” means to signal to a Blockchain a certain communication or intention, including designating Cryptocurrencies as supporting a certain node as a Validator Node for the network. “User Data” means all data, files and information that User provides to Avaunt Staking Services in the course of using the Services.
“User Funds” means the Cryptocurrencies controlled by User or delegated to Avaunt Staking Service’s control but ultimately belonging to User.
“Slashing Penalty” means any penalty assessed by a Blockchain, either automatically by predefined parameters or accepted by consensus of controllers of the Blockchain, in Cryptocurrency for unavailability or slow, incorrect or malicious performance or for other behaviors penalized by the network.
“Staking” or “to Stake” means committing Cryptocurrency holdings as a guarantee or bid of what is believed to be the correct operation or information.
“Validator Node” means a collection of server hardware and software required to maintain a current copy of the Blockchain for a Cryptocurrency and/or to produce and/or to validate new transactions as bundled into blocks.
“Validator Node Services” means a Validator Node operated by Avaunt Staking Services As-A-Service on a User’s behalf.
“Validator Rewards” means all Cryptocurrency generated by operating Validator Nodes, including, but not limited to, block rewards, endorser rewards, transaction fees and any other direct payments as a result of operating a Validator Node.
4. Our Responsibilities
In the course of operating the Services, Avaunt Staking Services will provide the following:
1. Delegated Validation – Avaunt Staking Services operates Staking Validator Nodes to support the decentralized functioning of various Blockchains. Avaunt Staking Services maintains all of the hardware, software, connectivity, wallet, technological, management/supervision, and any other requirements to properly deploy these Validator Nodes. You may use your Cryptocurrencies (as allowed by the related Blockchains) to support our status as a Delegated Staking Validator for those Blockchains. We will distribute Validator Rewards generated by our Staking Validators among those who designated Cryptocurrencies to support our status as a Validator proportionate to the amount of Cryptocurrencies they use to designate such support as is consistent with our advertisements or website and the customs of each supported Blockchain.
2. Validators-As-A-Service – Avaunt Staking Services allows customers and users to spin up their own Validator Nodes hosted and maintained by us. Avaunt Staking Services maintains all of the hardware, software, connectivity, technological, management/supervision, and any other requirements to properly deploy these Validator Nodes. Avaunt Staking Services also provides an interface to utilize Validators-As-A-Service.
3. Contributions – Avaunt Staking Services strives to be a prominent and reputable contributor and member of its respective Blockchain communities and to the decentralized movement as a whole. In line with this, Avaunt Staking Services provides certain free to use services (“Contributions”) in an open-source and/or free-to-access basis. Avaunt Staking Services makes no guarantees, warranties, or representations as to the functionality, security, or reliability of these products, disclaims all liabilities associated with their use, and urges users to audit their codebases or otherwise test their abilities before deploying or utilizing them in a context where reliability is essential.
4. Support – We aim to provide quality and timely support for each of our Services. You can email us at firstname.lastname@example.org with any questions or technical issues and we will assist you as soon as we can.
5. Your Responsibilities
In the use of any of our Services, you agree to take the following actions, or to otherwise agree to carry any liability, responsibility, and accountability as described:
1. Delegation Decisions – You have sole discretion as to whether to and how much Cryptocurrencies will be designated towards support of our status as a Delegated Validator. As is the nature of Blockchain systems, you are in full control of designating Cryptocurrencies, and must tend to the operations and current events required for responsible designation.
2. Taxes and Other Legal Obligations – You are responsible for paying any taxes related to your Cryptocurrencies, whether it involves appreciation in value, capital gains, general income (including those from Staking Rewards), or any other types of taxable income. You also agree not to use our Services in any illegal manner or to support any illegal activity, and to comply with any other applicable laws or regulations on your use of Blockchain and Cryptocurrencies.
3. Malicious Behavior – You will not take any steps to harm our systems or our ability to provide our Services to you or others, other than those permitted by these Terms, our systems, or our written or verbal instructions. Any attempt at unauthorized use of our private keys, inhibiting the functionality of our technical equipment and hardware (e.g. malware or DDoS), or other method to direct our systems to function in a way that is not permitted (as determined in our sole discretion) is considered a violation of these terms.
4. Typical Risk of Blockchains and Cryptocurrencies – Your use of any Blockchain is subject to the risk and limitations of that Blockchain, including, but not limited to, fifty-one attacks, mis-addressed transactions, Sybil attacks, eclipse attacks, compromised private keys, or vulnerabilities made at the “core” level. Further, your use of any payment method, including where permitted, any Cryptocurrency, is at your own risk and is subject to the terms and conditions and policies of such payment (service). You agree to hold Avaunt Staking Services unaccountable for these types of risks, and to waive your right to litigate, arbitrate, mediate, or otherwise hold any type of claim against Avaunt Staking Services for injuries suffered due to your use of a Blockchain network or service.
6. Intellectual Property
Provided that you are eligible to use the Site and Services, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Services, the Content and the Marks.
7. Representations and Warranties
1. Representations and Warranties by Avaunt Staking Services – Avaunt Staking Services represents and warrants that: (i) it has the power and authority to enter into this Agreement, (ii) entering into this Agreement will not be a breach or violation of any other contract or agreement to which we are bound, (iii) it provides the Services using commercially reasonable care and skill in accordance with the service levels outlined.
3. Disclaimer - EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS SECTION, AVAUNT STAKING SERVICES MAKES, AND AVAUNT STAKING SERVICES EXPRESSLY DISCLAIMS, ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES AND ANY MATTER RELATED TO THESE TERMS, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF ACCESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. EXCEPT AS STATED IN THIS SECTION 7(a), THE SERVICES ARE PROVIDED TO CLIENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE FOR COMMERCIAL USE ONLY. User understands that while Avaunt Staking Services attempts and strives to provide non-stop access to and functionality of Services, we cannot guarantee uninterrupted or error-free operation or performance of the Services, nor that we will correct all defects nor prevent third party disruptions or unauthorized third party access. Avaunt Staking Services warranties will not apply if there has been misuse, modification, damage not caused by us, or failure to comply with instructions. Third parties may provide their own warranties to Client.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
9. Third Party Websites and Content
10. Site and Services Management
11. Term and Termination
If we terminate or suspend your access to our Site or Services for any reason, you are prohibited from registering or accessing them in any other manner. In addition to terminating or suspending your access to our Services and Site, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
12. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of our Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or our Services.
13. Governing Law
This agreement and any dispute or claim arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR TO YOU BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
16. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, INCLUDING A SHARE OF OUR FEES COLLECTED FROM YOU PROPORTIONATE TO THE AMOUNTS YOU STAKE OR DELEGATE THROUGH US, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
18. Relationship of Parties
Neither these Terms, the relationship or agreement created between the parties, nor any course of dealing between the parties hereto is intended to create, or shall create, an employment relationship, a joint venture, partnership or any similar relationship. Each party is solely responsible for the payroll taxes, workman’s compensation insurance, and any other benefits owed to their own employees.
19. User Data
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site and Services, as well as data relating to your use of the Site and Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. Note that any information posted to a public blockchain is accessible to the public, and you should not expect confidentiality nor a guarantee against reproduction for such (whether or not in connection to our Services).
20. Electronic Communications, Transactions, and Signatures
Visiting the Site, using our Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE OR USE OF THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
21. California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
23. Contact Us
In order to resolve a complaint regarding the Site or Services or to receive further information regarding use of the Site or Services, please contact us at:
Avaunt Staking Services
Email: staking [at] avaunt.io