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Stakin by The Tie - Terms of Use

Terms

Terms of Use

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The following definitions apply to these Terms of Use (the “Terms”):

“You,” “Your,” and “Client” mean the individual or entity accessing the website or using any services provided under the Stakin by The Tie brand. “Stakin,” “Stakin by The Tie,” “Validator,” “Validation Service,” “Non-Custodial Staking Service,” “Service,” “The Tie,” “We,” “Us,” and “Our” refer to The Tie Inc., a Delaware corporation.

“Services” means the non-custodial staking and validator services and any other blockchain infrastructure services made available by Us, including, without limitation, oracle infrastructure, RPC endpoints, bridge-related infrastructure, dashboards, re-staking infrastructure, and dedicated or white-label nodes.

Unless otherwise specified, references to defined terms in the singular include the plural (and vice versa), and references to any gender include all genders.

By using any of Our Services, including delegation, staking, or interacting with any related functionalities, You represent and warrant that You have read, understand, and agree to be bound by these Terms and all applicable policies referenced herein. If You are entering into these Terms on behalf of an entity, You represent and warrant that You have authority to bind such entity. If You do not agree to these Terms, You must immediately cease all use of the Services.

OUR SERVICES

Non-Custodial Staking Services

We offer non-custodial staking services by acting as a node operator and/or Validator on various Proof-of-Stake (“PoS”) blockchain networks (the “Services”). These PoS networks allow holders of applicable tokens (“Delegators”) to delegate tokens to validators in order to participate in network security and earn staking rewards.

From time to time, a Delegator may, in its sole discretion, delegate an amount of supported tokens to Us to act as Validator in connection therewith (“Delegation”). Delegation does not involve any transfer of ownership or custody of tokens from You to Us. All delegated tokens always remain the property of, and under the control of, the Delegator.

You, as Delegator, are solely responsible for maintaining control and security of Your private keys, seed phrases, and digital assets. We do not hold, store, or manage private keys, do not control Delegators’ tokens, and cannot recover tokens in the event of theft, loss, or compromise.

Delegators may un-stake tokens at any time; however, each PoS network may impose its own un-bonding or lock-up periods, meaning un-staking may not be immediate. We have no control over such un-bonding periods, and You acknowledge and agree that You bear all financial risk associated with price fluctuations during any applicable un-bonding period. We may, but are not obligated to, inform Delegators of applicable un-bonding periods; in the event that We inform You, We make no representations or warranties as to the accuracy or completeness of such information.

Rewards

In accordance with the terms of the applicable PoS blockchain network, Delegators and validators may be entitled to staking rewards, which are typically distributed directly by the network.

Stakin by The Tie is not responsible for delays in reward distribution, changes in reward rates, network downtime, slashing events, or other network-related issues that may affect rewards.

Governance

As a Validator, We may participate in protocol-level governance decisions and may use voting power attributable to delegated tokens to vote on governance proposals, including but not limited to, network upgrades, grant funding, parameter changes, and other protocol- level decisions.

Unless otherwise restricted by the applicable network, Delegators acknowledge and agree that the voting rights associated with delegated tokens may be exercised by Us in Our absolute discretion. Delegators may also participate independently in governance discussions and, depending on the network, may be able to vote directly and override Our vote.

All governance decisions that We make in Our capacity as Validator are made in Our absolute discretion. We do not undertake any fiduciary duty to Delegators in connection with governance participation.

We shall not be liable for any losses, damages, or adverse consequences arising from protocol-level governance votes or decisions made in good faith and in accordance with these Terms, except to the extent such liability arises from Our gross negligence, willful misconduct, or fraud.

Oracle Infrastructure

We operate and maintain Oracle nodes and related infrastructure that provide off-chain data to blockchain networks and smart contracts. Oracle infrastructure may include data sourcing, aggregation, validation, and transmission services.

We do not control how oracle data is used by third-party protocols, applications, or smart contracts, and, unless expressly stated in a separate written agreement, We have no obligation to monitor, verify, update, correct, or maintain any Oracle-fed data. We provide no service level agreement unless written in a duly executed contract. We make no representation or warranty regarding the accuracy, completeness, timeliness, or fitness of any data delivered through Oracle infrastructure. Use of any Oracle-fed data is at the sole risk of the applicable protocol or user.

Bridge Infrastructure

We operate infrastructure that supports cross-chain messaging, bridging, or interoperability protocols between blockchain networks.

We do not custody or control Client assets in connection with third-party bridge protocols unless expressly stated in a separate written agreement. Cross-chain transfers involve significant technical and smart contract risk, including the risk of total loss. We are not responsible for exploits, hacks, design flaws, validator or relayer failures, or other vulnerabilities affecting any bridge or interoperability protocol. We do not initiate, control, or guarantee cross-chain transfers or transaction finality.

Dedicated and White-Label Nodes

We may deploy and operate dedicated or white-label validator infrastructure, full nodes, archive nodes, or other blockchain infrastructure, including infrastructure supporting Proof-of-Authority or other permissioned networks. Such services are provided pursuant to separate written agreements with the Client.

Unless otherwise expressly agreed in writing, our role in connection with dedicated or white-label infrastructure is limited to the technical operation and maintenance of the agreed infrastructure components (e.g., validator nodes). We do not control, manage, or assume responsibility for the governance, protocol design, economic model, participant conduct, or overall operation of the underlying blockchain network. The availability of such services is not guaranteed and requires a separate written agreement.

Re-staking Infrastructure

We provide infrastructure services that support re-staking mechanisms or shared security protocols across blockchain networks.

Re-staking may introduce additional layers of risk, including compounding slashing exposure across multiple protocols. Unless expressly stated in a separate written agreement, We do not guarantee performance, rewards, or protection from slashing events associated with re-staked assets. Participation in any re-staking mechanism is undertaken solely at Your own risk and subject to the rules of the applicable protocol(s).

RPC Nodes

We may operate public or private Remote Procedure Call (“RPC”) endpoints that allow Clients or third-party applications to query blockchain data and submit transactions.

While Private and Dedicated RPCs may benefit from specific guarantees, Public RPC services are provided on an “as available” basis unless otherwise specified in a separate written agreement. For public RPCs, We do not guarantee uninterrupted access, latency thresholds, transaction inclusion, or network-level performance. We are not responsible for failed, delayed, or rejected transactions caused by network conditions, congestion, protocol rules, or third-party dependencies. We do not guarantee transaction propagation, inclusion, ordering, or execution.

Dashboard Access

We provide access to a staking dashboard to enable Clients to monitor staking activity across supported blockchain networks and validators.

All dashboard data is provided strictly for informational and convenience purposes only and may be delayed, incomplete, inaccurate, or subject to revision. Dashboard information is derived from third-party blockchain networks and related infrastructure, and We do not control such underlying data sources. The dashboard does not constitute financial, investment, legal, accounting, or tax advice.

Unless expressly set forth in a separate written agreement, We make no representation or warranty, express or implied, regarding the accuracy, completeness, reliability, timeliness, or fitness for a particular purpose of any data, metrics, analytics, staked asset balances, reward calculations, performance indicators, or other information displayed through the dashboard.

Any reward, APY, or performance metrics are estimates only and may not reflect actual network outcomes.

Unless expressly stated in a separate written agreement, access to the dashboard may be modified, limited, suspended, or discontinued at any time in our sole discretion.

IMPORTANT DISCLAIMERS AND RISK ACKNOWLEDGMENTS

BY ACCESSING OR USING OUR SERVICES, YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND AGREE TO THE FOLLOWING:

Non-Custodial Services Disclaimer

We exclusively provide non-custodial staking and validation services. At no time do We take custody, possession, or control of any digital assets, private keys, seed phrases, wallets, or other cryptographic credentials belonging to You. You remain solely responsible for maintaining the security of Your wallet, private keys, seed phrases, access credentials, and any transactions initiated from Your wallet.

You expressly acknowledge and agree that delegation of digital assets through a blockchain protocol does not transfer ownership of such assets to Us, and We cannot access, withdraw, transfer, or otherwise control Your digital assets.

You further acknowledge and agree that We do not provide wallet services, custody services, brokerage services, exchange services, investment advice, tax advice, legal advice, or financial advisory services. Any staking, delegation, or participation in blockchain networks is undertaken solely at Your own risk.

You acknowledge that We do not act as a fiduciary, trustee, custodian, broker, investment adviser, or financial intermediary.

You understand and agree that staking and delegation may involve significant risks, including but not limited to: (i) slashing penalties, loss of rewards, or partial or total loss of delegated assets due to validator performance issues, protocol rules, or network events; (ii) validator downtime, missed attestations, missed blocks, or other technical failures; (iii) bugs, exploits, hacks, or vulnerabilities affecting the blockchain protocol or related smart contracts; (iv) network congestion, delayed transactions, chain reorganizations, forks, or other blockchain disruptions; (v) changes to protocol parameters, governance decisions, or network upgrades that may affect staking rewards, lock-up periods, un-bonding times, or delegation mechanics; (vi) the total loss of all delegated assets in extreme circumstances; (vii) inability to withdraw or access assets during lock-up or un-bonding periods; (viii) regulatory changes that may prohibit, restrict, or penalize staking activities; and (ix) risks associated with the security and reliability of third-party wallet providers, software, and interfaces used to interact with the Services. You acknowledge that these risks could result in the complete loss of Your digital assets.

The Services are technical infrastructure services only and do not constitute brokerage, execution, routing, matching, or settlement services.

The Tie does not guarantee any reward rate, yield, uptime, or performance, and makes no representation or warranty that staking will be profitable. The Tie shall not be liable for any losses, damages, penalties, slashing events, lost rewards, or other adverse outcomes arising from or related to Your delegation, staking activity, or participation in any blockchain network, except to the extent such liability cannot be excluded under applicable law.

Experimental Technologies

We operate Validation Services on PoS blockchain protocols and infrastructure for a wide range of blockchain networks. Blockchains and consensus algorithms such as PoS, among others, are experimental technologies. Cryptocurrencies and blockchain networks involve significant technological, market, and regulatory risks. There are considerable risks in the technology and mechanics of each network. We shall not be liable for any losses, damages, or claims arising from blockchain protocol faults, bugs, security breaches, hacks, network failures, or any other technical failures or defects in the underlying blockchain protocols. We do not provide any investment, financial, legal, regulatory, accounting, tax, or similar advice. You represent and warrant that You are not relying on any statements, representations, or advice from Us in making any decisions regarding cryptocurrency staking or investment. We are an agnostic infrastructure provider. We are not part of the development teams of blockchain protocols and do not take part in the development of the code and mechanics of the networks and operate for a wide range of blockchain networks. You are solely responsible for conducting Your own due diligence when buying cryptocurrencies, interacting with the services of a blockchain network, and using Our Service.

Regulatory Status; No Securities Offering

The Services are limited to providing non-custodial validator infrastructure and technical staking facilitation. The Tie does not offer, sell, or distribute securities, investment contracts, collective investment schemes, or other regulated financial instruments through its Stakin by The Tie Service. Participation in staking or delegation through Stakin by The Tie does not constitute an investment in The Tie or any managed investment product.

Nothing contained in the Services or on the website constitutes or should be construed as: (i) an offer to sell or solicitation of an offer to buy securities; (ii) investment, financial, tax, accounting, or legal advice; or (iii) a recommendation or endorsement of any digital asset, blockchain network, or staking strategy.

LIMITATIONS ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TIE, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, REWARDS, DIGITAL ASSETS, DATA, BUSINESS OPPORTUNITY, GOODWILL, REPUTATIONAL HARM, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TIE SHALL NOT BE LIABLE FOR ANY LOSS, THEFT, MISAPPROPRIATION, OR DIMINUTION IN VALUE OF ANY DIGITAL ASSET, INCLUDING ANY DIRECT LOSS OF DIGITAL ASSETS, REWARDS, OR PRINCIPAL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR YOUR PARTICIPATION IN ANY BLOCKCHAIN NETWORK OR PROTOCOL, INCLUDING AS A RESULT OF SLASHING, VALIDATOR PERFORMANCE, NETWORK CONDITIONS, SECURITY INCIDENTS, OR THIRD- PARTY FAILURES.

WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TIE SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, PENALTIES, OR ADVERSE OUTCOMES ARISING FROM OR RELATING TO: (A) SLASHING EVENTS, PROTOCOL PENALTIES, OR VALIDATOR PERFORMANCE ISSUES; (B) DOWNTIME, MISSED BLOCKS, MISSED ATTESTATIONS, OR TECHNICAL MALFUNCTIONS; (C) BUGS, HACKS, EXPLOITS, SMART CONTRACT VULNERABILITIES, OR FAILURES OF ANY BLOCKCHAIN PROTOCOL OR THIRD-PARTY SOFTWARE; (D) NETWORK CONGESTION, CHAIN REORGANIZATIONS, FORKS, OR GOVERNANCE OR PARAMETER CHANGES; (E) THIRD-PARTY INFRASTRUCTURE OR SERVICE FAILURES, INCLUDING HOSTING PROVIDERS, RPC PROVIDERS, OR INTERNET/TELECOMMUNICATIONS DISRUPTIONS; (F) UNAUTHORIZED ACCESS TO OR COMPROMISE OF YOUR WALLET, PRIVATE KEYS, SEED PHRASES, OR CREDENTIALS; OR (G) MARKET VOLATILITY OR CHANGES IN THE VALUE OF ANY DIGITAL ASSET.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

CAP ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO THE TIE FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US $100.00).

THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY TO THE EXTENT IT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR THE TIE’S FRAUD OR WILLFUL MISCONDUCT (AND, WHERE REQUIRED BY APPLICABLE LAW, GROSS NEGLIGENCE).

DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TIE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, THE TIE MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; (B) ANY VALIDATOR, ORACLE, RPC, BRIDGE, RE-STAKING, DASHBOARD, OR OTHER INFRASTRUCTURE SERVICE WILL OPERATE WITHOUT DOWNTIME OR PERFORMANCE DEGRADATION; (C) ANY DATA, INCLUDING ORACLE DATA, BLOCKCHAIN DATA, REWARD CALCULATIONS, OR PERFORMANCE METRICS, WILL BE ACCURATE, COMPLETE, CURRENT, OR FIT FOR ANY PARTICULAR PURPOSE; OR (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED.

THE TIE DOES NOT WARRANT OR GUARANTEE ANY REWARD RATE, YIELD, PERFORMANCE LEVEL, UPTIME, LATENCY, TRANSACTION INCLUSION, OR PROTECTION FROM SLASHING, PENALTIES, OR DIGITAL ASSET LOSS.

YOU ACKNOWLEDGE THAT BLOCKCHAIN NETWORKS AND RELATED INFRASTRUCTURE ARE EXPERIMENTAL AND SUBJECT TO PROTOCOL RULES, GOVERNANCE CHANGES, AND THIRD-PARTY DEPENDENCIES OUTSIDE OF THE TIE’S CONTROL.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Tie, its affiliates, and its and their respective officers, directors, employees, agents, contractors, licensors, and service providers (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, losses, penalties, fines, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:

  1. Your access to or use of the Services, including any delegation or staking activity conducted through or in connection with the Services;
  2. Your violation of these Terms or any applicable law, regulation, rule, ordinance, directive, or governmental requirement;
  3. any breach of Your representations, warranties, or obligations under these Terms;
  4. any dispute between You and any third party relating to Your staking activities, delegated assets, wallet usage, or transactions;
  5. any claim that Your use of the Services infringes, misappropriates, or otherwise violates the rights of any third party;
  6. any taxes, duties, levies, reporting obligations, penalties, or other governmental charges arising from or relating to Your staking activity, rewards, delegation, or digital asset transactions; and/or
  7. any claim, inquiry, investigation, enforcement action, or proceeding arising out of or relating to Your violation of applicable sanctions, anti-money laundering, counter-terrorist financing, or export control laws, including but not limited to, U.S. sanctions administered by the Office of Foreign Assets Control (“OFAC”).

The Tie reserves the right, at Your expense, to assume the exclusive defense and control of any matter subject to indemnification by You, and You agree to cooperate fully with such defense. You may not settle any matter without The Tie’s prior written consent if such settlement imposes any liability, obligation, admission of wrongdoing, or restriction on any Indemnified Party.

REGULATORY COMPLIANCE; CLIENT RESPRESENTATIONS; PROHIBITED JURSDICTIONS AND ACTIVITIES

You represent, warrant, and covenant that:

  1. You are solely responsible for determining whether Your participation in staking and use of Our Services complies with all applicable laws and regulations, including but not limited to, securities laws, commodities laws, anti-money laundering (“AML”) laws, counter-terrorist financing (“CTF”) laws, and applicable sanctions regulations;
  2. You are not located in, organized under the laws of, or a citizen or resident of any jurisdiction where the Services are prohibited (each, a “Prohibited Jurisdiction”). “Prohibited Jurisdiction” means any jurisdiction subject to comprehensive trade or economic sanctions imposed by the United Nations, European Union, or the United States;
  3. You are not identified on any U.S. or international sanctions list, including the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals and Blocked Persons List, or any similar list maintained by the United Nations, European Union, or other applicable governmental authority.

We make no representation or warranty that the Services are appropriate or available for use in any particular jurisdiction. Access to the Services from jurisdictions where such access is illegal is expressly prohibited. We shall not be liable if the Services fail to meet specific regulatory requirements applicable in Your jurisdiction. You are solely responsible for ensuring compliance with Your local laws and regulations.

You may not use the Services to engage in any illegal or prohibited activity, including but not limited to:

  • money laundering
  • terrorist financing
  • fraud or cybercrime
  • he development, distribution, or use of malicious software (including viruses, worms, trojans, or similar harmful code).

We reserve the right to suspend or block access to the Services for any user or entity that violates this Section.

Log Files and Privacy

We use website usage data, including anonymized IP addresses, to analyze trends, administer the site, track user actions, and gather broad demographic information for aggregate use. In addition, if You choose to use any Service developed by Us, Your email and public wallet address might be collected in accordance with Our Privacy Policy. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, Our web servers automatically log standard access information including browser type, access times, URL requested, and referral URL. This information is not shared with third parties and is used only within this Delegation Service on a need-to-know basis. Any personal identifiable information related to this data will never be used in any way different from that stated above without Your explicit permission. More about the data We collect and use can be found in Our Privacy Policy, which is incorporated herein by reference and available at https://www.thetie.io/privacy-policy.

INTELLECTUAL PROPERTY AND CLIENT LICENSE

Intellectual Property Rights

All right, title, and interest in and to the Service, including the websites located at https://stakin.com/ and https://www.thetie.io, and all related subdomains, applications, dashboards, interfaces, software, and content (collectively, the “Service”), are and shall remain Our exclusive property and/or that of Our licensors.

The Service includes, without limitation, all software (in source and object code), algorithms, architecture, user interfaces, designs, layouts, graphics, logos, trade dress, color schemes, branding elements, text, documentation, data compilations, methodologies, processes, know-how, marketing materials, and all associated intellectual property rights, including copyrights, patents, trademarks, service marks, trade secrets, and other proprietary rights, whether registered or unregistered (collectively, “Intellectual Property Rights”). All such Intellectual Property Rights are protected by applicable United States and international laws and treaties.

Except for the limited license expressly granted to You under these Terms, no rights, licenses, or ownership interests in the Service or any Intellectual Property Rights are granted to You, whether expressly, by implication, estoppel, or otherwise. All rights not expressly granted are reserved by The Tie and its licensors.

Limited License to Use the Service

Subject to Your compliance with these Terms, The Tie grants You a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for Your internal business or personal use (as applicable) and only as permitted under these Terms (the “Use License”).

Restrictions

You shall not, and shall not permit any third party to:

  • copy, reproduce, modify, distribute, publicly display, publicly perform, republish, download, store, transmit, or create derivative works of the Service or any portion thereof;
  • reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive the source code, algorithms, or underlying structure of the Service;
  • remove, alter, or obscure any copyright, trademark, service mark, or other proprietary notices contained in or displayed through the Service;
  • use The Tie’s name, trademarks, service marks, logos, or branding elements without The Tie’s prior written consent;
  • use the Service in any manner that infringes, misappropriates, or violates the Intellectual Property Rights or other rights of The Tie or any third party.

In addition, You shall not:

  • use the Service in violation of any applicable law, rule, or regulation;
  • interfere with, disrupt, damage, or impair the integrity, security, or performance of the Service;
  • impose an unreasonable or disproportionately large load on The Tie’s infrastructure;
  • attempt to bypass, circumvent, or defeat any security features, access controls, or authentication mechanisms;
  • access or attempt to access any systems, accounts, networks, or data not expressly authorized for Your use;
  • introduce malicious code or harmful technologies, including worms, trojans, ransomware, cryptojacking software, viruses, or other destructive or disruptive code.

You are further prohibited from launching, deploying, or using any automated system, software, or device (including “crawlers,” “spiders,” scrapers, or “auto-responders”) to access, scrape, extract, collect, monitor, or copy any portion of the Service, or to engage in spamming or unsolicited messaging activities through the Service.

Termination of License; Enforcement

The Use License will automatically terminate upon any breach of this Section. The Tie may, in its sole discretion, provide written notice of a violation and allow a cure period of up to five (5) business days, but The Tie shall have no obligation to provide notice or an opportunity to cure.

If You damage, disrupt, compromise, or attempt to compromise any portion of the Service, including through any cyberattack or unauthorized access attempt, The Tie reserves the right to report such activity to law enforcement authorities and pursue any and all legal remedies available under applicable law, including injunctive relief.

CLIENT RIGHTS AND OBLIGATIONS

You are solely responsible for determining and paying any taxes, duties, levies, or similar governmental assessments applicable to staking rewards, payouts, or other transactions conducted through or in connection with the Service. The Tie does not provide tax advice and shall not be responsible or liable for any tax obligations imposed on You by any governmental authority or under any jurisdiction’s laws.

If You initiate a withdrawal or un-staking request, You acknowledge and agree that such withdrawal is subject to the applicable un-bonding, lock-up, or protocol-imposed waiting period established by the relevant blockchain network. The length and operation of such period is determined solely by the underlying blockchain protocol and is outside Our control. You will not be able to withdraw staked cryptocurrency prior to the completion of such un-bonding or lock-up period, and The Tie shall not be liable for any losses, delays, missed opportunities, market fluctuations, or damages arising out of or relating to such restrictions.

We reserve the right, but do not assume the obligation, to monitor access to and use of the Service for compliance with these Terms, applicable law, and to protect the security and integrity of the Service.

MODIFICATION AND NOTICE

Modifications to Terms

We reserve the right to modify these Terms from time to time. Any modifications will be posted on Our website.

If a modification constitutes a Material Modification, We will provide Client with at least ten (10) business days’ prior notice via email to the most recent email address provided by Client. Material Modifications will become effective on the date specified in the notice.

All other modifications that are not Material Modifications will become effective thirty (30) days after they are posted on the website. Modifications required by applicable law may become effective immediately upon posting or as required by law.

“Material Modification” means a change to these Terms that materially and adversely affects a Client’s substantive rights or obligations under these Terms, including without limitation, changes that:

  1. increase fees by more than twenty-percent (20%) or introduce a new fee structure;
  2. materially reduce the scope of Services;
  3. materially limit Client’s rights to use the Services;
  4. materially expand Client’s indemnification obligations; or
  5. materially limit The Tie’s liability beyond what is stated in the prior version of these Terms.

For clarity, Material Modifications do not include changes that are administrative, clarifying, non-substantive, required by applicable law, improve security, or do not adversely affect Client’s rights or obligations.

Client’s continued use of the Services after the applicable effective date constitutes acceptance of the modified Terms. If Client does not agree to a Material Modification, Client’s sole remedy is to cease using the Services and, in the case of a written agreement, to terminate the agreement in accordance with the termination provisions therein prior to the effective date of such Material Modification.

GOVERNING LAW

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Services (including any non-contractual claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE MOST DISPUTES THROUGH BINDING ARBITRATION AND LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF.

To the fullest extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including the breach, termination, enforcement, interpretation, or validity thereof (each, a “Dispute”), shall be resolved exclusively by final and binding arbitration.

The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator. The seat and place of arbitration shall be Wilmington, Delaware. The arbitration proceedings shall be conducted in English.

Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

Waiver of Jury Trial

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE.

Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL DISPUTES SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL NOT HAVE AUTHORITY TO CONSOLIDATE CLAIMS OR TO HEAR ANY CLASS OR REPRESENTATIVE PROCEEDING.

If this class action waiver is found to be unenforceable, then the entirety of this arbitration section shall be null and void.

FORCE MAJEURE

The Tie shall not be liable for any delay, failure in performance, or interruption of the Services resulting directly or indirectly from any cause beyond its reasonable control, including but not limited to:

  • acts of God;
  • natural disasters;
  • war, terrorism, civil unrest, or governmental actions;
  • labor disputes or strikes;
  • internet or telecommunications failures;
  • cloud hosting or infrastructure outages;
  • power failures;
  • cyberattacks or distributed denial-of-service attacks;
  • blockchain network failures, forks, protocol changes, governance actions, or validator penalties;
  • regulatory or legal changes.

During any Force Majeure event, The Tie’s obligations shall be suspended for the duration of such event. Nothing herein obligates The Tie to provide credits, refunds, or compensation for interruptions caused by Force Majeure events.

TERMINATION OR SUSPENSION BY THE TIE

The Tie may suspend or terminate Your access to the Services immediately, with or without notice, if:

  • You breach these Terms;
  • Your use of the Services poses legal, regulatory, security, or reputational risk to The Tie;
  • You are determined to be located in a Prohibited Jurisdiction;
  • required by law, regulation, subpoena, or governmental authority; or
  • The Tie elects to discontinue the Services.

Effect of Termination

Upon termination:

  • Your right to access and use the Services shall immediately cease;
  • any outstanding fees (if applicable) shall remain payable;
  • delegated assets remain subject to applicable blockchain protocol rules, including un-bonding or lock-up periods;
  • The Tie shall have no obligation to provide continued Validator Services. Termination shall not affect any rights or obligations that accrued prior to termination.

SURVIVAL

The following provisions shall survive termination of these Terms:
  • Disclaimer of Warranties
  • Limitation of Liability
  • Cap on Liability
  • Indemnification
  • Regulatory Representations
  • Governing Law and Dispute Resolution
  • Intellectual Property
  • Any other provision that by its nature should survive termination