Latest update: October 16, 2023
Please read these terms carefully and keep a copy of them for your reference. Please also note that there may be specific terms or conditions applicable to you as a user in a given jurisdiction, as detailed below.
AGREEMENT TO TERMS
This Terms of Service (“Terms”) is a binding contract between you, an individual user or site visitor, whether personally or on behalf of an entity (“user,” “you,” “your”) and Aptos Labs (“Aptos,” “we,” “us” or “our”) concerning your access and use of Aptos’s services, including (i) the aptoslabs.com, identityconnect.com, and graffio.art websites as well as any other media form, media channel, website or mobile website related, linked, or otherwise connected thereto (collectively, the “Site”), (ii) Aptos Explorer, as further described below in the section titled “Aptos Explorer”, (iii) Aptos Playground, as further described below in the section titled “Aptos Playground”, and (iv) Identity Connect, as further described below in the section titled “Identity Connect” (collectively, the “Service”). Currently, Aptos maintains and operates aptoslabs.com as a portal for news, information, and updates about the Aptos protocol or blockchain (the “Aptos Network”) and the Aptos ecosystem, and to provide access to certain Aptos services, including Aptos Explorer and Aptos Playground. For the avoidance of doubt, Aptos does not control the Aptos Network and cannot control activity and data on the Aptos Network, including without limitation the activities of persons who develop and use applications on the Aptos Network, the validation of transactions on the Aptos Network, or any other use or access of the Aptos Network. The Aptos Network is an open-source protocol that is maintained and processed by Aptos Network validators across the globe.
BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SERVICE.
Supplemental terms and conditions or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of the Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review the Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Service after the date such revised Terms is posted.
The information provided on the Service 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 Service 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.
The Service is intended for users who are at least 18 years old. You agree that by using the Service you are at least 18 years of age (or the age of legal majority) or accessing the Service under the supervision of a parent or guardian, and you are legally able to enter into a contract. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to the Service. If you use the Service on behalf of another person or entity, (a) all references to “you” throughout the Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
PLEASE NOTE: THE “DISPUTE RESOLUTION” SECTION OF THESE TERMS CONTAINS AN ARBITRATION CLAUSE THAT REQUIRES DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS, AND PROHIBITS CLASS ACTION CLAIMS. IT AFFECTS HOW DISPUTES BETWEEN YOU AND APTOS ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
ACCESS TO THE SERVICE
Subject to these Terms, we hereby grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right and license to access and use the Service for your personal use only, strictly as permitted by the features of the Service. We reserve all rights not expressly granted herein.
TERMINATION OR SUSPENSION OF SERVICE
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SERVICE AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your access to the Service for any reason, you are prohibited from attempting to access the Service under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your access, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
CONTENT THROUGH THE SERVICE
You are responsible for your use of the Service and for any content you provide. You should only provide content that you are comfortable sharing with others.
Any use or reliance on any content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All content is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via the Service and, we cannot take responsibility for such content.
We reserve the right to remove content that violates these terms or we otherwise deem inappropriate to share on our website, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, indecent material or harassment. If you believe that your content has been copied in a way that constitutes copyright infringement, please report this to our designated copyright agent at:
Attn: Copyright Agent
745 Emerson St.
Palo Alto, CA 94301
You retain your rights to any content you submit, post or display on or through the Service. By submitting, posting or displaying content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your content available to the rest of the world and to let others do the same.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you submit, post or display on or through the Service. You agree that such content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Aptos the license described above.
(a) Generally. Aptos Explorer (available at explorer.aptoslabs.com/) is a service that enables you to view and interact with data and information relating to the Aptos Network. Aptos Explorer also provides certain data and information about validator addresses (“Validators”) to enable you to identify and connect with such Validators for purposes of delegating your Aptos (APT) tokens (“Tokens”) for staking on the Aptos Network (“Staking”).
(b) No Endorsement or Recommendation of Validators. All Validators are independently and separately operated and controlled by third parties. Aptos provides data and information about Validators and enables you to identify and connect with Validators merely as a convenience, and the provision of such functionality does not imply Aptos’ endorsement or recommendation of such Validators.
Without limiting the generality of these Terms, including without limitation the section titled “Disclaimer” below, you agree that if you delegate your Tokens to a Validator or otherwise use or interact with a Validator or participate in Staking, you do so at your own risk, and you understand that these Terms do not apply to your delegation to, use of or interaction with such Validator or your participation in any Staking. As such, Aptos is not liable for any damage or loss caused or alleged to be caused by or in connection with any Validator or Staking. YOU EXPRESSLY RELIEVE APTOS FROM ANY AND ALL LIABILITY ARISING FROM YOUR DELEGATION TO, USE OF OR INTERACTION WITH ANY VALIDATORS AND YOUR INVOLVEMENT IN ANY STAKING, AND YOU AGREE THAT APTOS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO THE FOREGOING.
APTOS EXPLORER AND ANY DATA, INFORMATION, AND SERVICES MADE AVAILABLE IN CONNECTION THEREWITH ARE PROVIDED "AS IS" AND APTOS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. APTOS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. APTOS MAKES NO WARRANTY OF ANY KIND THAT APTOS EXPLORER, ANY DATA, INFORMATION, AND SERVICES MADE AVAILABLE IN CONNECTION THEREWITH, OR ANY PRODUCTS OR RESULTS OF ITS USE, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
(a) Generally. Aptos Playground is an experimental service that enables you to experience the Aptos Network through interactive single or multiple player games and Graffio (available at graffio.art), a collective art platform, (collectively “Games”). Games may provide the opportunity to earn certain rewards that may, as determined by Aptos in its sole discretion from time to time, consist of gas credits, non-fungible tokens or other digital collectibles (collectively, “Rewards”). Any gas credits and some non-fungible tokens that may be provided are non-transferable.
(b) Access and Eligibility. If provided access to Aptos Playground, you may browse and play Games listed on our Service by completing any registration and/or entry requirements that may be identified by Aptos, which may include connecting your eligible crypto wallet and providing contact information and other information requested by Aptos. Some Games may have additional eligibility requirements that you may not meet. Aptos may determine the eligibility requirements for each Game it provides in its sole discretion. Third-party Game providers may determine their own eligibility requirements at their sole discretion. No purchase or payment is necessary to play any Games. Games may be subject to additional terms and conditions that Aptos may make available from time to time, and you must read, understand, and agree to any such additional terms and conditions in order to play.
(c) Disclaimers. Your participation in Aptos Playground, including your access to or use of any Games and your receipt and possession of any Rewards, is for entertainment purposes only and Aptos is under no obligation to promote, support, sell or provide any Games or Rewards. Your use of Aptos Playground, access to or use of any Games, or your receipt or possession of any Rewards does not give you any right, title or interest in any intellectual property rights of Aptos. Rewards are not financial or investment instruments or devices of any kind, and do not have any real-world monetary value whatsoever. Aptos is not responsible for any value attributed to, or changes or loss in the perceived value of, any Rewards. Aptos Playground and any technology used to create and use Rewards is experimental, and it is not possible to guarantee, and Aptos does not guarantee, that any software or computer code used to create, trade, and store Rewards is free from bugs or errors. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, IF YOU USE APTOS PLAYGROUND, ACCESS OR USE ANY GAMES OR RECEIVE OR POSSESS ANY REWARDS, YOU DO SO AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APTOS PLAYGROUND AND ALL GAMES AND REWARDS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, AND APTOS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. APTOS MAKES NO WARRANTY OF ANY KIND THAT APTOS PLAYGROUND OR ANY GAMES, DATA, INFORMATION, AND SERVICES MADE AVAILABLE IN CONNECTION THEREWITH, OR ANY PRODUCTS OR RESULTS OF ITS USE, INCLUDING ANY REWARDS, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
(a) Generally. Identity Connect is a service that enables asynchronous communication between Identity Connect dApps and crypto wallets. EXCEPT AS EXPRESSLY STATED OTHERWISE, THE TERMS OF THIS SECTION TITLED “IDENTITY CONNECT” APPLY TO ALL IDENTITY CONNECT USERS, WHETHER YOU ARE A DEVELOPER OR AN END USER (EACH AS DEFINED BELOW).
(i) Certain Defined Terms. As used in this section titled “Identity Connect,” the following terms shall have the following meanings:
(A) “dApp” means a decentralized desktop, mobile, or browser-based software application.
(B) “Developer” means a developer that desires to integrate the Identity Connect SDKs in such Developer’s dApp.
(C) “End User” means an end user of an Identity Connect dApp or who otherwise accesses or uses the Identity Connect service in connection with an Identity Connect dApp.
(D) “Identity Connect dApp” means a third-party dApp that integrates the Identity Connect SDKs.
(E) Identity Connect Portal” means identityconnect.com or any alternative Aptos URL through which an End User can interact with the Identity Connect service.
(F) “Identity Connect SDKs” means any software code for the Identity Connect service that Aptos makes available to Developers for integration into dApps, together with all associated documentation, tools, and components therein.
(b) Developers. The terms of this subsection (b) (Developers) apply to Developers only. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable right and license to use the Identity Connect SDKs as necessary to develop an Identity Connect dApp and allow End Users to use your integration of the Identity Connect SDKs within your Identity Connect dApp.
(c) Third-Party Authentication. By connecting to the Identity Connect service with a third-party authentication service (e.g., “Sign-in with Gmail” or another third-party authentication provider), you give Aptos permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
(d) Disclaimers. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS:
(i) IF YOU ACCESS OR USE THE IDENTITY CONNECT SDKs, IDENTITY CONNECT PORTAL, ANY IDENTITY CONNECT DAPP, OR OTHERWISE ACCESS OR USE THE IDENTITY CONNECT SERVICE, YOU DO SO AT YOUR OWN RISK. IF YOU ARE AN END USER, YOU AGREE THAT THAT THESE TERMS DO NOT APPLY TO YOUR USE OF ANY IDENTITY CONNECT DAPP. AS SUCH, APTOS IS NOT LIABLE FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY IDENTITY CONNECT DAPP. YOU EXPRESSLY RELIEVE APTOS FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY IDENTITY CONNECT DAPP, AND YOU AGREE THAT APTOS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO THE FOREGOING; AND
(ii) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE IDENTITY CONNECT SERVICE, IDENTITY CONNECT SDKs AND IDENTITY CONNECT PORTAL ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, AND APTOS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. APTOS MAKES NO WARRANTY OF ANY KIND THAT THE IDENTITY CONNECT SERVICE, IDENTITY CONNECT SDKs AND IDENTITY CONNECT PORTAL, OR ANY DATA, INFORMATION, AND SERVICES MADE AVAILABLE IN CONNECTION THEREWITH OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
(a) No Monetary Value. In your use of the Testnet, you may accumulate “Testnet Tokens,” such as through the Testnet faucet, which are not, and shall never convert to or accrue to become mainnet tokens or any other tokens or virtual assets. Testnet Tokens are virtual items with no monetary value. Testnet Tokens do not constitute any currency or property of any type and are not redeemable, refundable, or eligible for any fiat or virtual currency or anything else of value. Testnet Tokens are not transferable between users outside of the Testnet, and you may not attempt to sell, trade, or transfer any Testnet Tokens outside of the Testnet, or obtain any manner of credit using any Testnet Tokens. Any attempt to sell, trade, or transfer any Testnet Tokens outside of the Testnet will be null and void.
(b) Modification. Aptos may, in its sole discretion, decide to delete, wipe or otherwise remove the Testnet at any time without notice, including, without limitation, the modification of the presence, amounts, or any other conditions applicable to the Testnet Tokens, without any liability to you or other Testnet users. Aptos does not guarantee that Testnet Tokens will continue to be offered for a specific length of time and you may not rely upon the continued availability of any Testnet Tokens. If the Testnet expires, you acknowledge and agree that your access to and use of your Testnet Tokens will be removed, and all accrued Testnet Tokens will be deleted from the Testnet system. Testnet Tokens will not be converted into any future rewards offered by Aptos.
Aptos is not offered to anyone who is a “Restricted Person.” Restricted Persons are those who are subject to sanctions administered or enforced by any country or government or otherwise designated on any list of prohibited or restricted parties (including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government, the European Union or its Member States, or other applicable government authority) or a citizen or organization or resident in a country or territory that is the subject of country-wide or territory-wide sanctions (including, without limitation, Cuba, Democratic People’s Republic of Korea, the Crimea, Donetsk, and Luhansk regions, Iran, or Syria). For clarity, if you are a Restricted Person, you are prohibited from using the Service.
You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Service, you agree not to:
- Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Service and/or the content contained therein.
- Engage in unauthorized framing of or linking to the Service.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
- Attempt to impersonate another user or person.
- Use any information obtained from the Service in order to harass, abuse, or harm another person.
- Use the Service as part of any effort to compete with us or otherwise use the Service and/or the content for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.
- Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.
- Delete the copyright or other proprietary rights notice from any content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software.
- Disparage, tarnish, distribute hate speech/explicit content or otherwise harm, in our opinion, us, the Service and/or other users of the Service.
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Service, except as expressly permitted by us or our licensors.
- Modify our Service, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Service.
- Use VPN software or any other tools to circumvent any restrictions that apply to the use of Aptos.
- Infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of Aptos or any third party.
- Be listed on any sanctions list or equivalent maintained by the United States government.
- Use the Service in a manner inconsistent with any applicable laws or regulations.
APTOS NAME SERVICE
The Aptos Name Service (“ANS”), which is owned and operated by Aptos Labs, is a naming system based on the Aptos Network. Aptos Labs reserves the right to change ANS at any time. All ANS names are sold “as is'' and without warranties. All ANS name sales are final and no refunds or credits will be issued. Users are responsible for determining what, if any, taxes apply to their purchases, sales and transfers of ANS names. Aptos Labs reserves the right to take down ANS names that include any of the following: fraud, incitement of violence, threats, defamation, intellectual property infringement, obscenity and other offensive content.
We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (4) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.
“Aptos” and our logos, our product or service names, our slogans and the look and feel of the Service are trademarks of Aptos and may not be copied, imitated or used, in whole or in part, without our prior written permission, which may be obtained by emailing email@example.com. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the U.S. Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in the “Dispute Resolution” section below, the exclusive jurisdiction for all Disputes (defined below) that you and Aptos are not required to arbitrate will be the state and federal courts located in the county of Santa Clara, California, and you and Aptos each waive any objection to jurisdiction and venue in such courts.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Aptos and limits the manner in which you can seek relief from us. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Interface (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Aptos agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Aptos are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions. As limited exceptions to the section above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. The place of arbitration shall be Palo Alto, California. The language of arbitration shall be English. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under Applicable Law.
(e) Injunctive and Declaratory Relief. Except as provided above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(f) Class Action Waiver. YOU AND APTOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(g) Severability. With the exception of any of the provisions above (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
There may be information on the Service 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 Service at any time, without prior notice. Aptos does not warrant that the content will be uninterrupted or error free or free of computer viruses, contaminants or other harmful items.
THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, APTOS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. APTOS IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT RESULT FROM YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, YOUR USE OR INABILITY TO USE THE SERVICE; ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SERVICE; ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE; ANY ACTIVITIES OR COMMUNICATIONS OF THIRD PARTIES; OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE 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 SERVICE, (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 SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE 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 SERVICE.
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Aptos may link or otherwise provide access to products and services offered by third parties through the Service (each, “Third-Party Service”). Further, to use the Service, you may be required to register for Third-Party Services and/or to otherwise enable various Third-Party Services that may directly integrate with the Service. Third-Party Services are not offered by Aptos and Aptos is not responsible for any damages or losses that you might incur as a result of your use or purchase of Third-Party Services. The inclusion of Third-Party Services does not imply Aptos’ endorsement or recommendation of them. If you access or use any Third-Party Service, you do so at your own risk, and you understand that these Terms do not apply to your access to or use of such Third-Party Service. Any engagement with a Third-Party Service, including but not limited to any Staking or any other transaction between you and any Third-Party Service, is solely between you and the applicable Third-Party Service provider and is subject to such Third-Party Service’s (or Third-Party Service provider’s) own terms and conditions. As such, Aptos is not liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any Third-Party Service.
You shall and hereby do waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which says in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.
You hereby agree to defend, indemnify, and hold Aptos harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Service; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Service with whom you connected via the Service; or (6) any breach of, or failure to comply with, applicable law. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
MODIFYING AND TERMINATING THE SERVICE
We reserve the right to modify the Service or to suspend or stop providing all or portions of the Service at any time. You also have the right to stop using the Service at any time. We are not responsible for any loss or harm related to your inability to access or use the Service.
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 Service. 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.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
You agree and consent to receive disclosures and communications from us regarding the Service (“Communications”), including, but not limited to:
- Terms and conditions of service, and amendments thereto;
- Privacy policies and notices, and amendments thereto;
- Client agreements and receipts;
- Legal and regulatory disclosures and communications; and
- Customer service communications.
We may provide Communications to you by email or by making them accessible on the Service or through email (including via “hyperlinks” provided online and in emails). We may always, in our sole discretion, provide you with any Communication via paper.
Visiting the Service, sending us emails, and completing online forms constitute Communications. You consent to receive Communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, 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 SERVICE. 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.
Withdrawal of Consent
You may withdraw your consent to receive Communications under these Terms by contacting us at firstname.lastname@example.org. We will process your request to withdraw your consent to receive electronic Communications in a reasonable time. After we process your request, your access and use of the Service will terminate.
Requesting Paper Copies
You may request that we mail a paper copy of any electronic Communication by contacting us at email@example.com. We may charge you fees associated with processing and mailing your request. We will send a copy of the Communication to you within a reasonable timeframe.
Termination and Changes
We reserve the right, in our sole discretion, to discontinue the provision of your Communications, or to terminate or change the terms and conditions on which we provide Communications. We will provide you notice of such termination or change as required by law.
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.
These Terms and any policies or operating rules posted by us on the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Service. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and lack of signing by the parties hereto to execute these Terms.
In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at: firstname.lastname@example.org.