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Terms

Latest update: April 8, 2025

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.

Please refer to our Privacy Policy, currently available at aptoslabs.com/privacy for information about how we collect, use, share and otherwise process information about you.

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 (collectively, the “Service”), including, without limitation (i) the aptoslabs.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) Games made available by Aptos, as further described below in the section titled “Games”, (iv) certain components of Aptos Keyless, as further described in the section below titled “Aptos Keyless”, (v) Aptos Learn, as further described below in the section titled “Aptos Learn”, and (vi) any application programming interfaces (“APIs”), software development kits ("SDKs”), code, dApp templates, smart contracts, and other developer-related materials and content made available on the Site by Aptos or third parties (including, without limitation, through Aptos Build, create-aptos-dapp, or Aptos Learn), or as otherwise made available by Aptos, as further described below in the section titled “Developer Content.” The Petra and Aptos Connect product and service offerings are subject to separate terms and conditions that are made available in connection therewith. Currently, Aptos maintains and operates aptoslabs.com as a portal for news, information, and updates about Aptos Labs, the Aptos protocol or blockchain (the “Aptos Network”) and the Aptos ecosystem, and to provide access to certain Aptos services, including Aptos Explorer. 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

(a) Content You Make Available Through the Service.

(i) Licenses. 

By submitting, posting, displaying or otherwise making information, data, and/or other content, in any form or medium, available on or through the Service (collectively, “User Content”), you grant to us, and you represent and warrant that you have all rights necessary to grant to us, under all of your intellectual property rights, an irrevocable, worldwide, non-exclusive, perpetual, transferable, fully-paid, and royalty-free right and license (with the right to sublicense through multiple tiers) to use, copy, reproduce, process, adapt, modify, publish, transmit, store, list information regarding, make derivation works of, display, and distribute such User Content in any and all media or distribution methods now known or later developed. This license authorizes us to make your User Content available to the rest of the world and to let others do the same, and you hereby grant other users a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform your User Content as permitted through the functionality of the Service and under these Terms. 

(ii) Responsibility for your User Content. 

You are responsible for your use of the Service and for your User Content. You should only provide User Content that you are comfortable sharing with others. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY USER CONTENT. YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND THE CONSEQUENCES OF SUBMITTING, POSTING, DISPLAYING, PROVIDING, SHARING, OR OTHERWISE MAKING IT AVAILABLE ON OR THROUGH THE SERVICE, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT WE ARE ACTING ONLY AS A PASSIVE CONDUIT FOR YOUR ONLINE DISTRIBUTION OF YOUR USER CONTENT.

You affirm, represent, and warrant the following with respect to any User Content you provide:

  • you have the written consent of each and every identifiable natural person referred to or mentioned in the User Content, if any, to use such person’s name, voice, and likeness in the manner contemplated by the Service and these Terms, and each such person has released you from any liability that may arise in relation to such use;

  • you have obtained, and are solely responsible for obtaining, all consents required by applicable law to provide User Content relating to third parties;

  • your User Content and our use thereof as contemplated by these Terms and the Service will not violate any applicable law or infringe any rights of any third party, including, but not limited to, any intellectual property rights and privacy rights;

  • your User Content does not include any information or material that a governmental body deems to be sensitive or classified information, and your provision of User Content in connection with the Service is not violative of any confidentiality rights of any third party;

  • we may exercise the rights to your User Content granted to us under these Terms without liability for payment of any guild or other fees, residuals, payments, or royalties payable under any collective bargaining agreement or otherwise;

  • your User Content does not include nudity or other sexually suggestive content; hate speech, threats, or direct attacks on an individual or group; content that is abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy; sexist or racially, ethnically, or otherwise discriminatory content; content that contains self-harm or excessive violence; fake or impostor profiles; illegal content or content in furtherance of harmful or illegal activities; malicious programs or code; any person’s personal information without such person’s consent; spam, machine-generated content, or unsolicited messages; and/or otherwise objectionable content; and

  • to the best of your knowledge, all User Content and other information that you provide to us is truthful and accurate.

(b) Content Obtained Through the Service.

(i) General Disclaimers.

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 or otherwise made available 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, that has been mislabeled or is otherwise deceptive. All User Content is the sole responsibility of the user who originated such content. We do not monitor or control the content posted or made available via the Service and, we cannot take responsibility for such content.

(ii) Content Removal.

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: 

Aptos Labs

Attn: Copyright Agent

735 Emerson St.

Palo Alto, CA 94301

Email: copyright@aptoslabs.com. 

DEVELOPER CONTENT

(a) Generally. 

Certain portions of the Service (including, without limitation, Aptos Build (as further described below in the section titled “API Services; Aptos Build”), create-aptos-dapp, Aptos Learn (as further described below in the section titled “Aptos Learn”)), may enable you to access APIs, SDKs, code, dApp templates, smart contracts, and other developer-related services, tools, materials and content offered by Aptos or third parties (collectively, “Developer Content”). 

For clarity, any Developer Content that you make available through the Service shall be deemed to be User Content (as further described in the section titled “Content You Make Available Through the Service”) and by submitting or making such Developer Content available, you hereby grant the rights and licenses and make the representations and warranties described in that section.

(b) Disclaimers. 

YOU AGREE THAT YOUR ADHERENCE TO, RELIANCE ON, OR PARTICIPATION IN ANY ACTION, ACTIVITY, COMMAND, GUIDANCE, OR INSTRUCTION IN CONNECTION WITH ANY DEVELOPER CONTENT IS AT YOUR OWN RISK. APTOS IS UNDER NO OBLIGATION TO USE, EDIT, OR MONITOR DEVELOPER CONTENT ON THE SERVICE AND WILL NOT BE IN ANY WAY RESPONSIBLE OR LIABLE FOR DEVELOPER CONTENT OR YOUR USE THEREOF. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY AND PRUDENT ACTIONS BEFORE ENGAGING IN ANY SUCH ACTIVITY. 

YOU AGREE TO USE ANY DEVELOPER CONTENT THAT YOU ACCESS, RECEIVE, OR OTHERWISE OBTAIN ON OR THROUGH THE SERVICE IN A MANNER THAT COMPLIES WITH ALL (A) APPLICABLE LAWS AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, STATE AND FEDERAL SECURITIES LAWS AND REGULATIONS, AND APPLICABLE RESTRICTIONS CONCERNING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS), AND (B) APTOS POLICIES (INCLUDING, WITHOUT LIMITATION, APTOS’ POLICIES REGARDING PROHIBITED ACTIVITIES (AS DESCRIBED BELOW IN THE SECTION TITLED “PROHIBITED ACTIVITIES”)).

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, IF YOU ACCESS OR USE DEVELOPER CONTENT, YOU DO SO AT YOUR OWN RISK. DEVELOPER CONTENT IS 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 DEVELOPER CONTENT OR ANY PRODUCTS OR RESULTS OF YOUR 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. APTOS SHALL HAVE NO OBLIGATION TO PROVIDE ANY SUPPORT OR OTHER SERVICES TO YOU RELATING TO DEVELOPER CONTENT.

API SERVICES; APTOS BUILD 

(a) Generally.

Certain portions of the Service, including, but not limited to, Aptos Build, currently available at developers.aptoslabs.com, may enable you to obtain access to APIs, processor time, processor storage, processor writes, and transaction streaming that Aptos makes available from time to time (collectively, the “API Services”). Certain portions of the API Services may be provided for free (“Free API Services”), while other portions may be provided on a paid basis (“Paid API Services”). 

To access the API Services, you must create an account (“API Service Account”) by signing in using a third-party service authorized by Aptos. By connecting to the API Services via a third-party service, you give us permission to access and use your information from that service (including, without limitation, your e-mail address) as permitted by that service, and to store log-in credentials for that service. 

You are solely responsible for monitoring the use of your API Service Account and API key, maintaining the confidentiality of your API Service Account log-in credentials, and restricting access to your computer(s) and other related equipment, and you agree to accept responsibility for all activities that occur under your API Service Account, including any use of your API key. If you have reason to believe that your API Service Account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your credentials), you agree to immediately notify Aptos.

(b) Free API Services; Disclaimers.

Free API Services may be provided in the form of credits for Paid API Services at the beginning of a billing or allocation cycle.  If you have not provided a valid method of payment and have exhausted any Free API Services for the applicable billing period, your access to the API Services will be suspended for the remainder of the billing cycle until a valid payment method is added.   

Free API Services are provided at our sole discretion. We reserve the right to refuse, suspend, or terminate Free API Services for any user without prior notice. We may modify or discontinue Free API Services at any time, with or without notice. Users acknowledge that continued access to Free API Services is not guaranteed. Free API Services is provided "as is" without warranties of uninterrupted or error-free service.  

The quantity of Free API Services allocated may vary month to month and user to user. Decisions related to the allocation of Free API Services are made entirely at our discretion and may depend on usage history, promotional campaigns, or other internal criteria. Free API Services are non-transferable, non-sublicensable, and may not be assigned, exchanged, resold, or otherwise shared with any other account or third party. Free API Services have no cash or monetary value, and do not constitute legal tender, property, or a store of value. They cannot be redeemed for fiat currency, digital assets, or any other item of value outside of the Services. Unused Free API Services will not carry over from one billing or allocation cycle to the next. All unused Free API Services expire at the end of the applicable period (e.g., monthly) and will be forfeited.

(c) Payments; Disclaimers.

After exhausting any Free API Services during a monthly billing cycle, any additional API Services that you use will be Paid API Services and you will be charged at the end of the applicable monthly billing cycle according to the Payment and Pricing Terms, as defined below.  Payment obligations are non-cancelable once incurred (subject to any cancellation rights set forth herein), and fees paid are non-refundable. Fees stated are exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use, and withholding taxes, assessable by any jurisdiction (collectively, but, for clarity, excluding taxes based on our net income, “Taxes”). You will be responsible for paying all Taxes associated with your purchases in connection with any Paid API Services.

The Paid API Services are billed on a pay-as-you-go basis and allow you to set a monthly budget to help manage your usage of the Paid API Services. While Aptos makes reasonable efforts to monitor usage and enforce budgetary constraints, there may be delays between actual usage and budget enforcement.  As a result, total charges may exceed the user-defined budget. The monthly budget feature is intended as an approximation and does not constitute a hard spending limit. You are responsible for all fees incurred based on actual Paid API Services consumption, regardless of any budget settings. Aptos is not liable for any overages beyond the specified budget. Monitor your usage regularly to ensure it aligns with your expectations.

For the most current information about the fees that apply to API Services, please review the pricing and payment terms that are made available on the applicable API Service website (“Pricing and Payment Terms”), which are incorporated by reference herein. We may make any portion of the API Services available on a pay-as-you go basis, discontinue Paid API Services, or add or amend the applicable fees at our sole discretion. When we add or amend fees, we will update our Pricing and Payment Terms. Any change to the Pricing and Payment Terms will become effective in the next billing cycle.

(i) Payment Method; Payment Information.

To use Paid API Services, you must provide at least one (1) current, valid payment card that is accepted by us and our Payment Processor (as defined below) (“Payment Method”). By providing a Payment Method, you agree that we or our Payment Processor are authorized to periodically charge the applicable fees in addition to any applicable taxes and service fees on a recurring basis until you stop using the Paid API Services. The fees for the Paid API Services and any other charges you may incur in connection with your use of the Paid API Services, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on your API Service Account, which is currently the last day of the billing cycle. Fees are fully earned by Aptos upon payment by you. In some cases, your payment date may change (for example, if your Payment Method has not successfully settled). We may authorize your Payment Method in anticipation of service-related charges through various methods. 

By using Paid API Services, you agree that our third-party payment processor (currently Stripe, Inc. (“Stripe” or “Payment Processor”)), may process your payment of the applicable fees. Please see Stripe’s Services Agreement, currently available at https://stripe.com/us/legal, and Stripe’s Privacy Policy, currently available at https://stripe.com/us/privacy, as each may be amended by Stripe in accordance with the terms set forth therein, for information on how Stripe collects and uses personal information. We or our Payment Processor will attempt to verify the Payment Method you provide and may do so by processing an authorization hold. A valid payment method must be received prior to us having any obligation to provide you with the applicable Paid API Services. For all payments of fees described herein, our Payment Processor will collect your Payment Method details and charge your chosen Payment Method. You acknowledge and agree that we are not responsible for any breaches of credit card or other Payment Method security or privacy.

If your Payment Method or any related information changes, you agree to promptly update such information so that we or Payment Processor may complete the applicable transaction and contact you as needed.

(ii) Payment Representations and Warranties. 

You represent and warrant that: (1) the Payment Method information you supply to Aptos and/or to its Payment Processor, as applicable, is true, accurate, correct, and complete; (2) you are duly authorized to use the Payment Method(s); (3) you will pay any and all charges incurred by users of your Payment Method in connection with the Paid API Service; (4) charges incurred by you will be honored by your Payment Method company; (5) you will not allow or enable anyone else to use your API Service Account (including, without limitation, by sharing your password(s) or any other authentication credentials with anyone else, or by attempting to transfer your subscription to anyone else); and (6) you will report to Aptos any unauthorized or prohibited access to or use of your subscription and/or API Service Account, password(s) or other authentication credentials.

(iii) Disclaimer. 

WE DISCLAIM ANY AND ALL LIABILITY WITH RESPECT TO, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR: (1) ANY SECURITY OR PRIVACY BREACHES RELATED TO YOUR API SERVICE ACCOUNT OR YOUR CREDIT CARD OR OTHER PAYMENT METHOD, (2) ANY FEES THAT MAY BE CHARGED TO YOU BY YOUR BANK IN CONNECTION WITH THE COLLECTION OF FEES, AND/OR (3) ANY UNAUTHORIZED USE OF YOUR CREDIT CARD, DEBIT CARD, OR OTHER PAYMENT METHOD BY A THIRD PARTY.

(iv) Automatic Billing and Policies.

When you provide us with a valid payment method and utilize the Paid API Service, you expressly acknowledge and agree that: (1) Aptos and its Payment Processor are authorized to charge you, at the end of each monthly billing cycle, the fees for the applicable Paid API Services that you utilized during that billing cycle, along with any applicable Taxes, and any other charges you may incur in connection with such Paid API Service, subject to adjustment as described herein; and (2) your use of the applicable Paid API Service is continuous until the suspension, discontinuation, or termination of your access to the applicable Paid API Service or to the Service in accordance with these Terms. You understand and acknowledge that the amounts billed may vary due to changes related to your usage of the Paid API Services and related fees in accordance with the Pricing and Payment Terms, and/or changes in applicable Taxes, and you authorize each of Aptos and its Payment Processor to charge your Payment Method the changed amounts.

(v) Cancellation; Refunds. 

You may de-activate your API Service Account or stop using the Paid API Service at any time, in your sole discretion, by using the appropriate functionalities of your API Service Account or by contacting us at terms@aptoslabs.com. If you cancel your API Service Account or stop using the Paid API Service, you will be charged for your actual usage of the Paid API Service during the applicable billing period; provided, however, that we may, subject to these Terms, suspend or terminate your API Service Account, or any Paid API Services at any time, in our sole discretion. YOU UNDERSTAND THAT UNLESS AND UNTIL YOU DEACTIVATE YOUR ACCOUNT OR STOP USING THE PAID API SERVICE, YOU AUTHORIZE APTOS OR ITS PAYMENT PROCESSOR TO CHARGE YOU THE APPLICABLE FEES AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD APTOS OR ITS PAYMENT PROCESSOR HAS ON RECORD FOR YOU. If you believe you have been improperly charged and would like to request a refund, please contact us at terms@aptoslabs.com.

(d) NFT Studio

The Aptos NFT Studio is an Aptos Build service that facilitates the creation, minting, management, storage, and transfer of non-fungible tokens (“NFTs”), NFT collections, related metadata, and other digital assets (collectively, “NFT Studio Assets”) on the Aptos Protocol and related Aptos systems by enabling users to interact with smart contracts (the “NFT Studio Services”). For clarity, any information, data, and/or other content, in any form or medium, that you submit, post, display or otherwise make available on or through the NFT Studio Services is User Content (as described in these Terms above).

(i) Eligibility

To access and/or use the NFT Studio Services, you must be of the legal age of majority in your jurisdiction as is required to access and/or use such services, and you must be otherwise legally permitted to use the NFT Studio Services, including without limitation under all applicable laws related to the ownership of cryptographic tokens of value. YOU ARE RESPONSIBLE FOR ENSURING COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION AND ALL APPLICABLE LAWS, AND YOU AGREE THAT APTOS IS NOT LIABLE FOR YOUR COMPLIANCE THEREWITH.

By accessing and/or using the NFT Studio Services, you represent that you are not 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). If you are a Restricted Person, you are prohibited from using the NFT Studio Services.

(ii) Aptos Build NFT Content Policy.

All NFT Studio Assets must comply with the Aptos Build NFT Content Policy, currently available at developers.aptoslabs.com/content-policy. 

(ii) Third-Party Wallet Connection. 

To access certain features of the NFT Studio Services, you will need to connect a supported electronic wallet offered by a third party (“Wallet”). By connecting your Wallet to access the NFT Studio Services, you authorize Aptos to access your Wallet, including without limitation any data contained therein, for the purpose of permitting you to engage in actions related to the NFT Studio Services. For clarity, Wallets are Third-Party Services (as defined in the section titled “Third Party Materials and Services” below).

(ii) Disclaimers. 

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS:

APTOS DOES NOT OWN OR CONTROL, AND DOES NOT MONITOR OR VERIFY, NFT STUDIO ASSETS. APTOS PROVIDES NO GUARANTEE RELATED TO HOW USERS USE THE NFT STUDIO, INCLUDING WITHOUT LIMITATION THE EXISTENCE, ACCURACY, QUALITY, SAFETY OR LEGALITY OF THE NFT STUDIO ASSETS CREATED USING NFT STUDIO AND ANY USER’S ABILITY, AUTHORIZATION, OR LEGAL STANDING TO CREATE NFT STUDIO ASSETS. APTOS CANNOT AND DOES NOT INVESTIGATE, AND CANNOT AND DOES NOT GUARANTEE OR WARRANT, THE AUTHENTICITY, ORIGINALITY, UNIQUENESS, MARKETABILITY, LEGALITY OR VALUE OF ANY NFT STUDIO ASSET.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT EACH OF YOUR NFT STUDIO ASSETS, AND YOUR CREATION, MINTING, MANAGEMENT, STORAGE, TRANSFER, AND OTHER USE OF THE SAME, DOES NOT AND WILL NOT VIOLATE, AND DOES NOT AND WILL NOT CAUSE APTOS TO VIOLATE, ANY APPLICABLE LAW (INCLUDING WITHOUT LIMITATION ANY STATE OR FEDERAL SECURITIES LAW OR REGULATION) OR THIRD-PARTY RIGHTS (INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHTS). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APTOS DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT APTOS IS NOT RESPONSIBLE FOR, YOUR NFT STUDIO ASSETS (INCLUDING WITHOUT LIMITATION ANY LOSS THEREOF OR LIABILITY THAT MAY ARISE BASED ON ANY VIOLATIONS OF APPLICABLE LAW OR THIRD-PARTY RIGHTS).  

APTOS EXPLORER

(a) Generally. Aptos Explorer (currently 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. 

(c) Disclaimers. 

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.

APTOS KEYLESS

The Service may enable you to use the Aptos Network’s “Keyless” service (as further described at https://aptos.dev/guides/keyless-accounts/) (“Aptos Keyless”) to enable end users of your dApp or other software and/or service to access, transact on, and/or otherwise use the Aptos Network by signing in using a Third-Party Service (as defined in the section titled “Third Party Materials and Services” below).

IF YOU INTEGRATE OR OTHERWISE USE APTOS KEYLESS, YOU DO SO AT YOUR OWN RISK. 

APTOS KEYLESS RELIES ON THIRD-PARTY SERVICES THAT ARE NOT OFFERED OR CONTROLLED BY APTOS, AND APTOS IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT YOU OR YOUR END USERS MIGHT INCUR AS A RESULT OF ANY INTEGRATION, INTERACTION WITH, OR OTHER USE OF APTOS KEYLESS OR ANY FUNCTIONALITY RELATED THERETO. YOU UNDERSTAND AND AGREE THAT THE PROVIDER OF THE APPLICABLE THIRD-PARTY SERVICE FOR APTOS KEYLESS MAY DISCONTINUE THE THIRD-PARTY SERVICE OR MAY LIMIT OR TERMINATE YOUR OR APTOS’ ABILITY TO ACCESS OR OTHERWISE USE THE APPLICABLE THIRD-PARTY SERVICE, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT YOU OR ANY OF YOUR END USERS MIGHT SUFFER AS A RESULT (INCLUDING ANY LOSS OF FUNDS IN THE ACCOUNT). APTOS WILL NOT BE ABLE TO RECOVER ACCOUNTS OR RECOVER OR RE-ISSUE ANY FUNDS OR OTHER ASSETS THAT MIGHT BE ASSOCIATED WITH ACCOUNTS ASSOCIATED WITH APTOS KEYLESS, FOR YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, YOUR END USERS). 

APTOS WILL NOT BE LIABLE FOR, AND EXPRESSLY DISCLAIMS LIABILITY FOR, ANY LOSS OR DAMAGE ARISING FROM ANY ENGAGEMENT, INTERACTION WITH, OR INTEGRATION OR OTHER USE OF APTOS KEYLESS OR YOUR FAILURE TO COMPLY WITH THIS SECTION.

APTOS LEARN

(a) Generally. 

Aptos Learn (currently available at learn.aptoslabs.com) is a service that provides educational material, code examples, and tutorial modules to assist users in building dApps or other software and/or services on the Aptos Network. Some portions of Aptos Learn may enable you to submit the source code for your dApp or other software and/or service (“User dApp Code”) for review by and feedback from Aptos (“Code Feedback”) when you send a link to a GitHub repository link containing the User dApp Code (“User dApp Repository”), and may also enable you to access code, tutorials, and other content and materials from third parties and to make code, tutorials, and other content and materials available to other users (collectively, “Aptos Learn Content”).  

For clarity, any Aptos Learn Content you submit to Aptos or otherwise make available through the Service shall be deemed to be User Content (as further described in the section titled “Content You Make Available Through the Service”) and by submitting or making such Aptos Learn Content available, you hereby grant the rights and licenses and make the representations and warranties described in that section. 

(b) Code Feedback. 

Submission of any User dApp Code is voluntary and Aptos reserves the right to review or not review submitted content in its sole discretion. Aptos reviews User dApp Code based on availability and makes no representations or warranties regarding the timing or the content of any Code Feedback or that you will receive any Code Feedback. Reviews are solely intended to provide you with technical feedback and guidance. 

Aptos’s election to review or to provide Code Feedback to you does not indicate Aptos’s approval or endorsement of, or support for, your User dApp Code or any dApp project or other projects, content or materials you create. Code Feedback provided by Aptos is for educational purposes only and does not create any contractual or professional relationship between you and Aptos.

You must provide your email address to Aptos in order to receive Code Feedback. By providing your email address, you consent to our using that email address to send you Code Feedback and other Communications (as defined and described in the section titled “Electronic Communications, Transactions, and Signatures” below).

(c) Disclaimers. 

YOU AGREE THAT YOUR ADHERENCE TO, RELIANCE ON, OR PARTICIPATION IN ANY ACTION, ACTIVITY, COMMAND, GUIDANCE, OR INSTRUCTION IN CONNECTION WITH ANY APTOS LEARN CONTENT IS AT YOUR OWN RISK. APTOS IS UNDER NO OBLIGATION TO USE, EDIT, OR MONITOR APTOS LEARN CONTENT ON THE SERVICE AND WILL NOT BE IN ANY WAY RESPONSIBLE OR LIABLE FOR APTOS LEARN CONTENT OR YOUR USE THEREOF. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY AND PRUDENT ACTIONS BEFORE ENGAGING IN ANY SUCH ACTIVITY.

YOU AGREE TO USE ANY CODE FEEDBACK AND ANY CODE, TUTORIALS AND OTHER APTOS LEARN CONTENT THAT YOU ACCESS, RECEIVE, OR OTHERWISE OBTAIN ON OR THROUGH APTOS LEARN OR ELSEWHERE ON THE SERVICE IN A MANNER THAT COMPLIES WITH ALL (A) APPLICABLE LAWS AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, STATE AND FEDERAL SECURITIES LAWS AND REGULATIONS AND APPLICABLE RESTRICTIONS CONCERNING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS), AND (B) APTOS POLICIES (INCLUDING, WITHOUT LIMITATION, APTOS’ POLICIES REGARDING PROHIBITED ACTIVITIES (AS DESCRIBED BELOW IN THE SECTION TITLED “PROHIBITED ACTIVITIES”)).

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, IF YOU ACCESS OR USE APTOS LEARN, INCLUDING WITHOUT LIMITATION ANY TUTORIALS, CODE, CODE FEEDBACK, OR ANY OTHER APTOS LEARN CONTENT, YOU DO SO AT YOUR OWN RISK. APTOS LEARN AND ALL TUTORIALS, CODE, CODE FEEDBACK, AND OTHER APTOS LEARN CONTENT 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 LEARN OR ANY TUTORIALS, CODE, CODE FEEDBACK OR ANY OTHER APTOS LEARN CONTENT, OR ANY PRODUCTS OR RESULTS OF YOUR 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. APTOS SHALL HAVE NO OBLIGATION TO PROVIDE ANY SUPPORT OR OTHER SERVICES TO YOU RELATING TO APTOS LEARN, INCLUDING WITHOUT LIMITATION ANY TUTORIALS, CODE, CODE FEEDBACK, OR ANY OTHER APTOS LEARN CONTENT.

GAMES

(a) Generally. As part of the Service, you may have access to an experimental service that enables you to experience the Aptos Network through interactive single or multiple player games and social applications, including, but not limited to, Graffio (currently 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, in-game points, non-fungible tokens or other digital collectibles (collectively, “Rewards”). Any gas credits, in-game points, and some non-fungible tokens that may be provided are non-transferable.

(b) Access and Eligibility. 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 but Aptos Network gas costs may apply. 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 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 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. Games 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. For clarity, any sweepstakes or promotion offered by Aptos or as part of the Service will be subject to additional terms or official rules in addition to these Terms. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, IF YOU 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, 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 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. 

TESTNET AND DEVNET

(a) No Monetary Value. In your use of the Testnet or Devnet (collectively, “Non-Production Networks”), you may accumulate “Testnet Tokens” or “Devnet Tokens” (collectively, “Non-Production Network Tokens”) including, without limitation, through each respective Non-Production Network faucet. Non-Production Network Tokens are not, and shall never convert to or accrue to become mainnet tokens or any other tokens or virtual assets. Non-Production Network Tokens are virtual items with no monetary value. Non-Production Network 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. Non-Production Network Tokens are not transferable between users outside of each respective Non-Production Network, and you may not attempt to sell, trade, or transfer any Non-Production Network Token outside of the applicable Non-Production Network, or obtain any manner of credit using any Non-Production Network Tokens. Any attempt to sell, trade, or transfer any Non-Production Network Tokens outside of the applicable Non-Production Network will be null and void.

(b) Modification. Aptos may, in its sole discretion, decide to delete, wipe or otherwise remove any Non-Production Network at any time without notice, including, without limitation, the modification of the presence, amounts, or any other conditions applicable to Non-Production Network Tokens, without any liability to you or other Non-Production Network users. Aptos does not guarantee that Non-Production Network Tokens will continue to be offered for a specific length of time and you may not rely upon the continued availability of any Non-Production Network Tokens. If any Non-Production Network expires or is terminated by Aptos, you acknowledge and agree that your access to and use of your Non-Production Network Tokens will be removed, and all accrued Non-Production Network Tokens will be deleted from the respective Non-Production Network system. Non-Production Network Tokens will not be converted into any future rewards offered by Aptos.

PROHIBITED LOCATIONS

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. 

PROHIBITED ACTIVITIES

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:

  1. 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.

  2. 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.

  3. 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.

  4. Engage in unauthorized framing of or linking to the Service.

  5. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  6. Make improper use of our support services or submit false reports of abuse or misconduct.

  7. 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.

  8. Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.

  9. Attempt to impersonate another user or person.

  10. Use any information obtained from the Service in order to harass, abuse, or harm another person.

  11. 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.

  12. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.

  13. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.

  14. Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.

  15. Delete the copyright or other proprietary rights notice from any content.

  16. Copy or adapt the Service’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  17. 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.

  18. 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”).

  19. 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.

  20. Disparage, tarnish, distribute hate speech/explicit content or otherwise harm, in our opinion, us, the Service and/or other users of the Service.

  21. Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Service, except as expressly permitted by us or our licensors.

  22. Modify our Service, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Service.

  23. Use VPN software or any other tools to circumvent any restrictions that apply to the use of Aptos.

  24. Infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of Aptos or any third party.

  25. Be listed on any sanctions list or equivalent maintained by the United States government. 

  26. 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 revoke ANS names that include any of the following: fraud, incitement of violence, threats, defamation, intellectual property infringement, obscenity and other offensive content. 

SERVICE MANAGEMENT

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.

TRADEMARKS

“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 terms@aptoslabs.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.

DISPUTE RESOLUTION

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 currently 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 currently available 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.

UPDATES

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.

DISCLAIMER

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) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (5) ANY ERRORS, MISTAKES, INACCURACIES, 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 OR MATERIALS 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.

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.

THIRD PARTY MATERIALS AND SERVICES

The Service may link or otherwise provide access to products and services offered by third parties (each, “Third-Party Service”). Further, certain portions of the Service may enable you to sign in using a Third-Party Service, and/or to otherwise enable various Third-Party Services that may directly integrate with the Service. 

If you connect to the Service using a Third-Party Service, (i) you give us permission to access and use your information from that Third-Party Service (including, without limitation, your e-mail address) as permitted by that Third-Party Service, and to store log-in credentials and/or access tokens for that Third-Party Service; and (ii) you agree (1) to keep your password(s) and/or any other authentication credentials secure, and to not disclose your login credentials to anyone; (2) to notify us immediately of any breach of security or unauthorized use of your account or credentials; (3) that you are solely responsible for all activities that occur under your account, or are otherwise referable to your account credentials, whether or not you know about them; and (4) that you are solely responsible for your conduct, and the tasks and activities you undertake, on or utilizing the Service. We encourage all users who connect to the Service using a Third-Party Service to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols). We reserve the right to suspend or terminate your ability to connect to the Service using a Third-Party Service if you provide inaccurate, untrue, or incomplete information, or if you fail to comply with these Terms or any other requirements that we make available from time to time.

IF YOU ENGAGE, INTERACT WITH, OR OTHERWISE USE A THIRD-PARTY SERVICE (INCLUDING WITHOUT LIMITATION TO CONNECT TO THE SERVICE, OR FOR ANY STAKING OR ANY OTHER TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY SERVICE), YOU DO SO AT YOUR OWN RISK AND YOU UNDERSTAND THAT THESE TERMS AND OUR PRIVACY POLICY DO NOT APPLY TO YOUR USE OF THAT THIRD-PARTY SERVICE. IF YOU ENGAGE, INTERACT WITH, OR OTHERWISE USE A THIRD-PARTY SERVICE, YOU ARE SUBJECT TO AND YOU AGREE TO, AND YOU MUST COMPLY WITH, THE APPLICABLE THIRD PARTY’S TERMS AND CONDITIONS MADE AVAILABLE VIA, OR AGREED IN CONNECTION WITH, THE APPLICABLE THIRD-PARTY SERVICE.

THIRD-PARTY SERVICES ARE NOT OFFERED OR CONTROLLED BY APTOS AND APTOS IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT YOU MIGHT INCUR AS A RESULT OF YOUR USE OF ANY THIRD-PARTY SERVICE OR ANY FUNCTIONALITY RELATED THERETO. THE INCLUSION OF THIRD-PARTY SERVICES DOES NOT IMPLY APTOS’ ENDORSEMENT OR RECOMMENDATION OF THEM. THE PROVIDER OF THE APPLICABLE THIRD-PARTY SERVICE MAY DISCONTINUE THE THIRD-PARTY SERVICE OR MAY LIMIT OR TERMINATE YOUR ACCESS TO THE THIRD-PARTY SERVICE OR THE USE OF SUCH THIRD-PARTY SERVICE WITH THE SERVICE, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MIGHT SUFFER AS A RESULT (INCLUDING ANY LOSS OF FUNDS). APTOS WILL NOT BE ABLE TO RECOVER YOUR ACCOUNT OR RECOVER OR RE-ISSUE ANY FUNDS OR OTHER ASSETS THAT MIGHT BE ASSOCIATED WITH YOUR ACCOUNT. 

APTOS WILL NOT BE LIABLE FOR, AND EXPRESSLY DISCLAIMS LIABILITY FOR, ANY LOSS OR DAMAGE ARISING FROM ANY ENGAGEMENT, INTERACTION WITH, OR USE OF THIRD-PARTY SERVICES (TO CONNECT TO THE SERVICE OR OTHERWISE) OR YOUR FAILURE TO COMPLY WITH THIS SECTION. 

INDEMNIFICATION

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.

USER DATA

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, including, without limitation, your User Content. 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 terms@aptoslabs.com. 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 terms@aptoslabs.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.

MISCELLANEOUS

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.

CONTACT US

In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at: terms@aptoslabs.com.