Aptos Labs | Shelby Labs Terms of Use

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 Shelby Labs Privacy Notice, currently available at https://aptoslabs.com/privacy-notice-shelby-private-beta for information about how we collect, use, share and otherwise process information about you.

AGREEMENT TO TERMS

These Terms of Use (“Terms”) are a binding agreement between you and any user or visitor of the Site or Service, whether personally or on behalf of an entity (“Customer,” “user,” “you” or “your”), and Shelby Labs Inc. (“Shelby,” “we,” “us,” or “our”) and govern your access to and use of: (i) the website located at https://explorer.shelby.xyz (the “Site”); (ii) the blockchain data analytics dashboard, and related user interface made available through the Site (the “Explorer”); (iii) certain hosted services operated by Shelby, including the Private Beta (as defined below); and (iv) any related products, content, features, tools, or services provided by Shelby through the Private Beta, the Site or Explorer ((i) through (iv), collectively, the “Service”). The Shelby private beta service (“Private Beta”) is a hosted pre-release data service operated by Shelby that utilizes a private, permissioned instance of the Aptos blockchain as part of its internal infrastructure. These Terms apply in their entirety to all users of the Service, including Private Beta participants. Additional terms specific to the Private Beta are set out in the “PRIVATE BETA” section below, which supplements these Terms and controls in the event of any conflict with respect to the Private Beta. References in these Terms to the “Non-Beta Services” mean the Service, excluding the Private Beta.

The Explorer is a web-based interface that enables users to view publicly available blockchain data and interact with certain functionalities associated with the Shelby decentralized protocol and related network operating on the public Aptos blockchain (the “Shelby Network”). The Shelby Network operates through decentralized smart contracts, validators, node operators, storage providers, and other independent participants. FOR THE AVOIDANCE OF DOUBT, SHELBY DOES NOT OWN, OPERATE, OR CONTROL THE SHELBY NETWORK. THE SHELBY NETWORK IS MAINTAINED BY INDEPENDENT THIRD PARTIES. SHELBY DOES NOT CONTROL BLOCKCHAIN ACTIVITY, TRANSACTION VALIDATION, DATA STORAGE, SMART CONTRACT EXECUTION, OR ANY OTHER ACTIVITY OCCURRING ON THE SHELBY NETWORK.

BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.

Supplemental terms, policies, guidelines, or documents that may be posted on the Service from time to time are hereby expressly incorporated by reference. We reserve the right, in our sole discretion, to modify these Terms at any time by updating the “Last updated” date above. Your continued use of the Service after such updates constitutes your acceptance of the revised Terms.

The Service is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or would subject Shelby to any registration requirement. Those who access the Service from other locations do so at their own initiative and are responsible for compliance with applicable local laws.

The Service is intended only for users who are at least 18 years old (or the age of legal majority in their jurisdiction). By using the Service, you represent and warrant that you meet this requirement and are legally able to enter into these Terms.

PLEASE NOTE: THE “DISPUTE RESOLUTION” SECTION CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. BY AGREEING TO THESE TERMS, YOU AGREE TO BE BOUND BY THOSE PROVISIONS.

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, internal business purposes or other purposes authorized by Shelby, 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, directly or indirectly, under your own name, a fictitious or borrowed identity, any third party’s identity, or through any wallet address, blockchain account, digital asset address, or other credentials that you own, control, create, or access (including any newly created or alternative wallet), or by any other means intended to circumvent such termination and/or suspension. 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 NON-BETA SERVICES

This Section governs User Content submitted through the Non-Beta Services. It does not apply to data uploaded to, stored on, or otherwise processed through the Private Beta, which constitutes User Data governed by the “PRIVATE BETA” section below.

(a) Content You Make Available Through the Non-Beta Services.

(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 Non-Beta Services (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 derivative 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 Non-Beta Services, and to use, reproduce, distribute, display and perform your User Content as permitted through the functionality of the Non-Beta Services and under these Terms. Except for the limited rights expressly granted herein, Shelby does not claim ownership of your User Content.

(ii) Responsibility for your User Content.

You are responsible for your use of the Non-Beta Services 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 NON-BETA SERVICES, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT WE ARE ACTING ONLY AS A PASSIVE CONDUIT FOR YOUR ONLINE DISTRIBUTION OF YOUR USER CONTENT. Notwithstanding the foregoing, Shelby may implement interface-level restrictions or additional encryption mechanisms to limit accessibility of certain content through the Non-Beta Services. Such measures may be irreversible and may render content permanently inaccessible, including to you. Shelby is not obligated to implement or maintain such measures. You are solely responsible for ensuring compliance with applicable data protection laws.

You acknowledge and agree that the Shelby Network operates through decentralized infrastructure, including autonomous smart contracts and independent node operators and storage providers. Once User Content is written to the Shelby Network or any decentralized storage system, such content may be immutable and may not be capable of modification, removal, or deletion. Shelby does not control the Shelby Network and has no ability to alter, delete, or restrict access to content that has been recorded on-chain or stored through decentralized systems. Removal of content from the Explorer interface or other Shelby-controlled interfaces does not result in deletion of such content from the Shelby Network or any underlying decentralized storage layer, and such content may remain permanently accessible to third parties.

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 Non-Beta Services 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 Non-Beta Services 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 Non-Beta Services 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;
to the best of your knowledge, all User Content and other information that you provide to us is truthful and accurate; and
your User Content does not violate, and will not cause Shelby to violate, any applicable export control, re-export, trade sanctions, or import laws or regulations of the United States or any other applicable jurisdiction, including, without limitation, the U.S. Export Administration Regulations (“EAR”), the International Traffic in Arms Regulations (“ITAR”), and regulations administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”); you will not upload, transmit, or otherwise make available through the Non-Beta Services any software, technical data, encryption technology, or other information subject to export controls without first obtaining all required governmental authorizations; and you are solely responsible for compliance with all such laws in connection with your User Content and use of the Non-Beta Services.

CONTENT DISCLAIMERS; REMOVAL AND DMCA NOTICE

(a) Content Obtained Through the Service.

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 and User Data (as defined below) 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.

(b) Content Removal; DMCA Notice.

We reserve the right to remove content on the Service that violates these Terms or that we otherwise deem inappropriate, 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. For more information, please refer to our Takedown Policy.

For the Private Beta, Shelby may access, review, preserve, restrict, remove, disable access to, or disclose User Data (as defined below) where reasonably necessary to (i) provide or maintain the Service, (ii) investigate suspected abuse or security incidents, (iii) comply with applicable law or legal process, (iv) protect the rights, property, or safety of Shelby, its users, or third parties, or (v) enforce these Terms or any separate agreement governing the Private Beta.

PRIVATE BETA

In addition to this Section (PRIVATE BETA), participation in the Private Beta may also be governed by a separate written agreement between you and Shelby. To the extent there is any conflict between these Terms and such separate written agreement with respect to the Private Beta, the separate written agreement shall control. For participants in the Private Beta, Sections (a) through (m) govern your use of the Private Beta and supersede any inconsistent provisions elsewhere in these Terms to the extent applicable to the Private Beta.

(a) Overview. The Private Beta is a hosted, pre-release storage service operated by Shelby. Unlike the Shelby Network, the Private Beta operates on a private, permissioned instance of the Aptos blockchain (the “Private Instance”) that is operated and controlled by Shelby.

Smart contracts are used to coordinate the storage functionality for the Private Beta on the Private Instance. All transactions occur exclusively on the Private Instance; there is no interaction with the public Aptos blockchain, any other public blockchain, or any public blockchain explorer. No crypto assets, tokens, or digital assets of any monetary value are created, transferred, or held in connection with the Private Beta. Shelby retains the ability to modify, delete, and manage data and smart contract state in regards to the Private Beta. Shelby may also suspend, restrict, migrate, export, archive, or otherwise manage User Data and Service functionality as reasonably necessary to operate, secure, maintain, improve, or discontinue the Private Beta.

(b) Invite-Only Access. The Private Beta is available only to users who have received a valid invitation directly from and have entered into any required agreement with Shelby. You may not share, transfer, or sell your invitation or any associated Private Beta access credentials. Participation in Private Beta is granted at Shelby’s sole discretion and may be revoked at any time without notice or liability.

(c) Access via Geomi; Service Providers. Private Beta participants currently interact with the Private Beta through Geomi, currently available at geomi.dev, an application operated by Aptos Labs. Use of Geomi to access the Private Beta is also subject to Aptos Labs’ terms of use, currently available at aptoslabs.com/terms. Aptos Labs is a separate legal entity and technical service provider to Shelby that is supporting the operation of the Private Beta.

Shelby may engage other affiliated companies or third-party service providers to provide hosting, infrastructure, authentication, networking, monitoring, analytics, customer support, storage, security, payment processing, and related operational services in connection with the Private Beta. Such providers may process User Data solely on Shelby’s behalf and subject to appropriate contractual obligations. By using the Private Beta, you acknowledge that such service providers may process User Data solely on Shelby’s behalf in connection with providing the Service. Shelby shall have no liability to you for any loss or damage arising out of any act or omission of such third-party service provider, except to the extent arising from Shelby’s own negligence or wilful misconduct.

The Private Beta uses third-party storage infrastructure provided by Teraswitch, Inc. (“Teraswitch”) that is subject to its own acceptable use restrictions as provided in Teraswitch’s Terms of Service, which may be provided on its website, currently available at teraswitch.com/legal, or otherwise provided to you here and incorporated herein by reference. Shelby shall have no liability for any changes to or discontinuation of the Private Beta resulting from modifications to third-party infrastructure services. You further acknowledge that Teraswitch may suspend or terminate its services to Shelby in accordance with Teraswitch's Terms of Service, including with limited or no advance notice in certain circumstances, and that any such suspension or termination may limit or prevent Shelby's ability to provide continued access to, or an opportunity to export User Data as described in Section (l) (Private Beta Wind-Down; Data Disposition) below. By using the Private Beta, you acknowledge that your User Data must comply with all applicable restrictions of Teraswitch and any of Shelby’s other infrastructure providers, including prohibitions on uploading any data or information that contains any (a) health insurance information, Protected Health Information subject to the Health Insurance Portability and Accountability Act (HIPAA), or other information regarding an individual’s health, medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional; (b) biological or biometric data; or (c) any payment card information subject to the Payment Card Industry Data Security Standard (“Restricted Data”). If you breach this obligation, you will indemnify Shelby, its affiliates, and any other entity engaging such providers on Shelby’s behalf for any resulting claims, costs, or penalties, including those asserted by such infrastructure providers.

(d)(i) Your Data. Notwithstanding anything to the contrary in the 'Content Through the Non-Beta Services' section, this Section (d) governs User Data uploaded to or processed through the Private Beta. As between you and Shelby, you retain all right, title, and interest, including all intellectual property rights, in and to any files, data, documents, software, text, images, metadata, or other materials that you upload, store, transmit, or otherwise make available through the Private Beta (“User Data”). For the avoidance of doubt, User Data governed by this Section (d) is distinct from User Content governed by the “Content Through the Non-Beta Services” section above: content submitted through the Non-Beta Services is User Content, while data uploaded to, stored on, or otherwise processed through the Private Beta is User Data, and the applicable section governs each accordingly.

You grant Shelby a limited, worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, encrypt, decrypt (where Shelby manages applicable encryption keys), cache, back up, modify solely for formatting or technical purposes, display, and otherwise use User Data only as reasonably necessary to (A) provide the Private Beta; (B) operate, maintain, monitor and improve the Service; (C) troubleshoot technical issues; (D) respond to customer support requests; (E) maintain security; (F) detect fraud, abuse or unlawful activity; (G) comply with applicable law; or (H) enforce these Terms and any applicable separate agreement between you and Shelby.

(d)(ii) Operational Access. Shelby and its employees, contractors, and authorized service providers may only access, review, process, preserve, disclose, or otherwise use User Data only where reasonably necessary to: (A) operate or support the Private Beta; (B) investigate technical problems; (C) respond to customer support requests; (D) detect, prevent, or investigate abuse, fraud, security incidents, or violations of these Terms; (E) comply with applicable law, legal process, or governmental requests; (F) protect Shelby, its users, or third parties.

(d)(iii) Your Responsibilities. You are solely responsible for your User Data, including its legality, accuracy, and compliance with applicable law. You represent and warrant that: (A) you own or have all necessary rights to your User Data and to grant the license above; (B) your User Data does not infringe any third-party intellectual property, privacy, or other rights; (C) you have provided all required notices and obtained all rights, permissions, and lawful bases required under applicable data protection law to upload User Data relating to third parties; (D) your User Data and your use of the Private Beta comply with all applicable laws, including applicable data protection, export control, and sanctions laws; and (E) User Data does not contain malware, ransomware, spyware, malicious code, credential harvesting software, or other harmful material intended to disrupt systems or gain unauthorized access.

(d)(iv) Sensitive Data. Restricted Data may not be uploaded or stored through the Private Beta under any circumstances. In addition, you agree not to upload or store through the Private Beta, without Shelby’s express written approval, any of the following categories of sensitive data: (A) special categories of personal data under applicable data protection law (including genetic, or government-issued identifier data); (B) financial account data other than payment card data subject to PCI-DSS; (C) data classified or controlled under ITAR, EAR, or equivalent export control regulations; (D) classified government information; (E) regulated financial market information; or (F) any other data for which a security incident would trigger mandatory regulatory notification obligations. YOU ACKNOWLEDGE THAT THE PRIVATE BETA MAY NOT SATISFY THE TECHNICAL OR REGULATORY REQUIREMENTS APPLICABLE TO SUCH DATA CATEGORIES.

(d)(v) Acceptable Data Storage. Users may not use Private Beta to store or distribute: (A) malware; (B) ransomware; (C) phishing kits; (D) credential harvesting tools; (E) botnet software; (F) CSAM; (G) unlawful content; (H) sanctions-violating materials; (I) content violating export controls; (J) content infringing IP rights; (K) content designed to interfere with Shelby infrastructure; or (L) any content or activity that Shelby reasonably determines threatens the security, integrity, availability, or operation of the Private Beta.

(d)(vi) Encryption. The Private Beta may offer encryption options for User Data. Shelby makes no representation that any encryption functionality satisfies any particular legal, regulatory, or industry security standard. Where encryption keys are managed by you, Shelby cannot recover lost or deleted keys and cannot decrypt data encrypted with keys it does not hold. You are solely responsible for managing and backing up any encryption keys under your control. Encryption does not eliminate the need to maintain independent backups.

(d)(vii) Backups. You are solely responsible for maintaining independent backup copies of all User Data you store through the Private Beta. While Shelby may perform routine backups in its sole discretion as part of service operations, we make no guarantee regarding the availability, completeness, or recoverability of any such backups. Shelby shall have no liability to you for any loss or corruption of User Data, and you hereby waive any right of action against us arising from any such loss or corruption. Shelby does not undertake any obligation to preserve User Data for any minimum period or to restore User Data following deletion, corruption, system failure, security incidents, or termination.

(d)(viii) Data Deletion. Upon termination of your access to the Private Beta, Shelby will use commercially reasonable efforts to delete or render inaccessible your User Data from its active systems within a reasonable period, except where retention is required by applicable law or Shelby’s legitimate business purposes as described in the DPA. You may request deletion of your User Data at any time by contacting shelbyterms@aptoslabs.com. Shelby will process such requests in accordance with the DPA and applicable law. The foregoing is subject to the Beta acknowledgments in section (h) below; data may be lost or wiped as part of normal beta operations without constituting a failure of this obligation.

(d)(ix) Analytics and Monitoring. Shelby may collect and generate aggregated, statistical, anonymized, or de-identified information regarding use of the Private Beta, provided such information does not identify you or disclose User Data. Shelby owns all right, title, and interest in such aggregated information and may use it for analytics, benchmarking, security, service improvement, product development, and other lawful business purposes. Shelby reserves the right to monitor usage of the Private Beta for operational, security, abuse prevention, legal compliance, capacity planning, and service improvement purposes. Nothing in this section transfers ownership of User Data to Shelby.

(d)(x) Data Processing. To the extent any User Data uploaded to or processed through the Private Beta constitutes personal data, Shelby's processing of that personal data is governed by the Data Processing Addendum between the parties (currently available here), which is incorporated herein by reference.

(e) Account Security. You are responsible for maintaining the confidentiality and security of your account credentials. You agree to: (i) use strong, unique passwords; (ii) enable any multi-factor authentication Shelby makes available; (iii) not share your credentials with any third party; (iv) notify Shelby immediately at shelbyterms@aptoslabs.com upon discovering any unauthorized access to or use of your account; and (v) accept responsibility for all activity that occurs under your account, whether or not authorized by you. Shelby will not be liable for any loss arising from unauthorized use of your account that results from your failure to maintain reasonable credential security.

Shelby reserves the right to suspend access to any account reasonably believed to be compromised or presenting a security risk. Shelby will use commercially reasonable efforts to notify you of any such suspension where practicable.

You remain responsible for the security of your devices, credentials, networks, applications, encryption keys under your control, and User Data prior to upload and after export.

(f) Security. Shelby will use commercially reasonable administrative, physical, and technical measures designed to protect the security, confidentiality, and integrity of User Data against unauthorized access, disclosure, alteration, and destruction. These measures do not constitute a guarantee that User Data will be free from unauthorized access, loss, or breach. You acknowledge that no method of transmission over the internet or electronic storage is completely secure, and Shelby cannot warrant the absolute security of User Data. Shelby does not represent or warrant that the Private Beta is suitable for storing regulated information, business-critical workloads, or data requiring uninterrupted availability, disaster recovery, or compliance with any particular security framework or certification.

(g) Intellectual Property. The Private Beta service and all software, interfaces, APIs, documentation, and content provided by Shelby (excluding User Data) are the exclusive property of Shelby or its licensors and are protected by applicable intellectual property laws. Nothing in these Terms transfers any ownership of Shelby intellectual property to you, and no right or license is granted other than as expressly set out herein. You may not copy, modify, distribute, sell, sublicense, or create derivative works based on the Private Beta or any component thereof without Shelby’s prior written consent. All rights not expressly granted are reserved.

(h) Beta Nature of the Service; Acknowledgments. THE PRIVATE BETA IS A PRE-RELEASE PRODUCT. By accessing the Private Beta, you acknowledge and agree that: (i) the Private Beta is experimental and may contain bugs, errors, or security vulnerabilities; (ii) features, storage limits, APIs, and interfaces may be changed, removed, or made unavailable at any time without notice and may never be commercially released; (iii) data and metadata stored through the Private Beta may be lost, corrupted, deleted, or made permanently inaccessible without warning; (iv) Shelby may suspend, reset, wipe, or terminate the Private Beta or your access at any time without notice or liability; (v) the Private Beta may not be suitable as the sole or primary repository for any data, and you should maintain independent backups of all data you store through the Private Beta; (vi) participation in the Private Beta shall not entitle you to production access, commercial licensing terms, pricing, service levels, support commitments, or participation in any future commercial release; (vii) Shelby is under no obligation to correct defects, provide updates, or continue development of any feature.

(i) No Entitlements; No Future Commitments. Participation in the Private Beta does not create any right, claim, expectation, or entitlement to: (A) continued access to the Private Beta or any future version of the Service; (B) any tokens, rewards, compensation, allocations, governance rights, airdrops, or other economic benefits, now or in the future; or (C) any preferential treatment in any subsequent release, mainnet launch, or token distribution program. Smart contract interactions on the Private Instance do not create, constitute, or evidence any crypto asset, digital asset, token, or financial instrument of any kind, and confer no rights outside of the service relationship governed by these Terms. Shelby makes no representation, warranty, promise, or commitment regarding any future mainnet launch, token issuance, incentive structure, governance framework, or transition to a decentralized protocol. You agree not to rely on participation in the Private Beta as a basis for any expectation of profit, economic benefit, or future token distribution.

(j) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHELBY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE PRIVATE BETA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHELBY SHALL HAVE NO LIABILITY OF ANY KIND ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE PRIVATE BETA. IF SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW, SHELBY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE PRIVATE BETA, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), WILL NOT EXCEED THE LESSER OF (A) THE TOTAL AMOUNT YOU PAID TO SHELBY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) $10,000. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. THE PARTIES ACKNOWLEDGE THAT THIS LIMITATION REFLECTS A REASONABLE ALLOCATION OF RISK AND IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THIS LIMITATION APPLIES IN ADDITION TO THE GENERAL DISCLAIMER IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO SOME OR ALL OF THIS LIMITATION MAY NOT APPLY TO YOU.

(k) Suspension of Private Beta Access. Shelby may immediately suspend or restrict your access to all or any portion of the Private Beta if Shelby reasonably believes: (A) your use threatens security; (B) your use violates law; (C) your use violates these Terms; (D) your account has been compromised; (E) your use adversely affects other users; or (F) suspension is necessary to protect the Service.

(l) Private Beta Wind-Down; Data Disposition. Shelby may terminate the Private Beta in its entirety at any time, including upon or in connection with a mainnet launch, by providing reasonable advance notice to Private Beta participants where practicable. You are solely responsible for maintaining your own copies of User Data throughout your use of the Private Beta, and Shelby strongly encourages you to export or back up User Data on an ongoing basis rather than relying on availability of User Data following any termination. Upon termination of the Private Beta, Shelby may, in its sole discretion: (i) migrate your User Data to a successor service and provide you with access credentials or instructions to retrieve it; (ii) provide you with an opportunity to export User Data for a period and on terms solely determined by Shelby, which will depend on the arrangements then available to Shelby from its own infrastructure providers, if you request that opportunity from Shelby prior to termination; or (iii) permanently delete your User Data without further notice, where migration or export is not practicable, where no export opportunity is available, or where you have not retrieved your data within any opportunity provided. Shelby is under no obligation to preserve any specific file format, metadata, permissions, folder hierarchy, encryption configuration, or application compatibility in connection with any export or migration. Shelby shall have no liability for any loss of User Data resulting from the termination of the Private Beta. You are solely responsible for maintaining independent backups of all User Data as set out in section (d)(vii) above. Shelby shall have no obligation to provide migration assistance unless otherwise expressly agreed in writing. Nothing in this Section (Private Beta Wind-Down; Data Disposition) obligates Shelby to migrate, export, preserve, or otherwise take any action with respect to User Data upon termination of the Private Beta. Shelby's inability or failure to take any such action, for any reason, including the unavailability, discontinuation, or limitation of services from Teraswitch or any other infrastructure provider, shall not constitute a breach of or give rise to any liability under these Terms.

(m) Fees and Payment. Fees, if any, for participation in the Private Beta shall be governed by any applicable separate written agreement between you and Shelby.

PROHIBITED LOCATIONS

The Service is not offered to anyone who is a “Restricted Person.” Restricted Persons are (1) individuals or entities that 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); (2) any individual or entity that owns, controls, or utilizes, transacts through, or otherwise interacts with any digital asset wallet address, blockchain account, or other digital currency address that has been sanctioned, blocked, or otherwise designated by any such authority; or (3) 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, Iran, Syria, Russia, or the Crimea, Donetsk, and Luhansk regions). 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.

In addition to the Private Beta-specific restrictions above, 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.
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.
Copy or adapt the Service’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
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 permitted under Section (d)(iv) for the Private Beta, upload or transmit (or attempt to upload or to transmit) sensitive personal data, regulated data, health information, biometric data, financial account information, government-issued identifiers, or other data subject to heightened regulatory protections.
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 the 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 the Service.
Infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of Shelby 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.

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; (4) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service; and (5) require users to connect to the Service through compatible digital asset wallets solely in connection with the Non-Beta Services and disclaim any responsibility or liability for the security, custody, or management of any wallet, private key, seed phrase, or digital assets in connection therewith. You acknowledge that you are solely responsible for maintaining the confidentiality and security of your wallet credentials, private keys, and seed phrases used to access the non-Beta Services, and that Shelby does not have access to, custody of, or control over your private keys or digital assets and cannot recover lost credentials. For the avoidance of doubt, this wallet-related language applies only to the Non-Beta Services and does not apply to the Private Beta, which does not involve digital asset wallets, private keys, seed phrases, or on-chain digital assets.

TRADEMARKS

“Shelby Labs” and our logos, our product or service names, our slogans and the look and feel of the Service are trademarks of Shelby and may not be copied, imitated or used, in whole or in part, without our prior written permission, which may be obtained by emailing shelbyterms@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 Shelby are not required to arbitrate will be the state and federal courts located in the county of Santa Clara, California, and you and Shelby 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 Shelby 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 Service (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Shelby agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Shelby 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 if you are accessing or using the Service as an individual for your own personal, family, or household purposes, or under its Commercial Arbitration Rules if you are accessing or using the Service on behalf of a business or other entity, or otherwise not for personal, family, or household purposes (as applicable, the “AAA Rules”), in each case 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 SHELBY 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. Shelby 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, SHELBY 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. SHELBY 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 (INCLUDING UPLOADING OR RETRIEVING USER CONTENT); 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 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 NOTICE 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 SHELBY AND SHELBY 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 SHELBY’S 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). SHELBY 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.

SHELBY 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 Shelby 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, in our sole discretion and without notice or liability, to modify, update, suspend, discontinue, or restrict access to all or any portion of the Service at any time, including by removing, disabling, or altering any features, functionality, content, integrations, or interfaces. We are under no obligation to maintain, support, update, or continue providing the Service or any particular feature or functionality thereof.

You acknowledge that the Service may evolve over time and that features, tools, or integrations may be modified, deprecated, or removed without notice. We shall not be liable to you or to any third party for any modification, suspension, degradation, or discontinuation of the Service, or for any loss of access to User Content, data, integrations, or functionality arising therefrom. 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.

MISCELLANEOUS

These Terms and any policies or operating rules posted by us regarding 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: shelbyterms@aptoslabs.com.