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Terms of Service

Last revised: 20 March 2020

The following terms and conditions of service (these "Terms of Service", “Terms”) apply to users of stackofstake.com (“Site”). You should read these Terms of Service carefully to determine which provisions apply to you. These Terms of Service should be read in conjunction with the Privacy Policy. By using any of the services made available through the website (stackofstake.com), the API (api.stackofstake.com), our mobile applications, or any other related services provided by StackOfStake or its affiliates (collectively or individually, the "Services"), the user (referred to herein as "you" or "your") agrees to these Terms of Service. Additionally, when using certain features of the Services, you may be subject to additional terms and conditions applicable to such features.

By creating a Digital Tokens Wallet on the Site or by using any of the Services, you acknowledge that you have read, understand, and completely agree to these Terms of Service, as updated and amended from time to time. If you do not agree to be bound by these Terms of Service or with any subsequent amendments, changes, or updates, you may not use any of the Services, and if you do use any of the Services you will be bound by the Terms of Service, as amended; your only recourse in the case of your unwillingness to be bound by these Terms of Service is to stop using all of the Services.

These Terms of Service may be amended, changed, or updated by StackOfStake at any time and without prior notice to you. You should check back often on the Site to confirm that your copy and understanding of these Terms of Service is current and correct. Your non-termination or continued use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms of Service, as modified by such amendments, changes, or updates.

1. Definitions

  1. 1.1.1. "Affiliate" means, in relation to either Party, a direct or indirect subsidiary of the Party, a holding company of the Party, and any other subsidiary of that holding company;
  2. 1.1.2. "AML" means anti-money laundering, including all Laws applicable to the Parties prohibiting money laundering or any acts or attempted acts to conceal or disguise the identity or origin of; change the form of; or move, transfer, or transport, illicit proceeds, property, funds, Fiat, or Digital Tokens, including but not limited to the promotion of any unlawful activity such as fraud, tax evasion, embezzlement, financial crime, bribery, cyber theft or hack, narcotics trafficking, weapons proliferation, terrorism, or Economic Sanctions violations;
  3. 1.1.3 "Associates" means StackOfStake, and each and every one of their respective shareholders, directors, officers, affiliates, employees, contractors, agents, partners, insurers, and attorneys who or that are acting or performing or has acted or performed services for the benefit of or on behalf of the Site;
  4. 1.1.4."Digital Tokens" means a digital representation of value that functions as (i) a medium of exchange; (ii) a unit of account; (iii) a store of value, and/or (iv) other similar digital representations of rights or assets, which is neither issued nor guaranteed by any country or jurisdiction and does not have legal tender status in any country or jurisdiction, typically including blockchain-based assets or rights including sovereign cryptocurrency or virtual currency such as Bitcoin, Dash, etc.;
  5. 1.1.5. "Digital Tokens Address" means an alphanumeric identifier that represents a potential destination for a Digital Tokens transfer, which typically is associated with a user’s Digital Tokens Wallet;
  6. 1.1.6. "Digital Tokens Wallet" means a software application (or other mechanism) that provides a means for holding, storing, and transferring Digital Tokens, including a user’s Digital Tokens Address, Digital Tokens balance, and cryptographic keys;
  7. 1.1.7. “Dividends” means new Digital Tokes produced by Staking;
  8. 1.1.8. “Express Trade” is a service that allows users to exchange Digital Tokes;
  9. 1.1.9. "Fiat" means the money or currency of any country or jurisdiction that is designated as legal tender; circulated, customarily used, and accepted as a medium of exchange in the country or jurisdiction of issuance;
  10. 1.1.10. "Government" means any national, federal, state, municipal, local, or foreign branch of government, including any department, agency, subdivision, bureau, commission, court, tribunal, arbitral body, or other governmental, government appointed, or quasi-governmental authority or component exercising executive, legislative, juridical, regulatory, or administrative powers, authority, or functions of or pertaining to a government instrumentality, including any parasternal company, or state-owned (majority or greater) or controlled business enterprise;
  11. 1.1.11. “Investing” means any act of Digital Tokens deposit to Site or Digital Tokens exchanging by means of Express Trade or other Services;
  12. 1.1.12. "Laws" means all laws, statutes, orders, regulations, rules, treaties, and/or official obligations or requirements enacted, promulgated, issued, ratified, enforced, or administered by any Government that apply to you or the Site;
  13. 1.1.13. "Losses" has the meaning set out in paragraph 12 of these Terms of Service;
  14. 1.1.14. "Marks" has the meaning set out in paragraph 9 of these Terms of Service;
  15. 1.1.15. "Person" includes an individual, association, partnership, corporation, other body corporate, trust, estate, and any form of organization, group, or entity cognizable as legal personalities;
  16. 1.1.16. "Personal Information" has the meaning set out in the Privacy Policy;
  17. 1.1.17. “ROI” means return of investment of Digital Tokens which measures the amount of return on a particular investment, relative to the investment’s cost;
  18. 1.1.18. “Staking” means the process of producing new Digital Tokens;
  19. 1.1.19. "Terms of Service" means these terms and conditions of service, as they may be changed, amended, or updated from time to time, including the following Site policies and pages: the API Terms of Service; the Privacy Policy.

2. Licence to Use the Site

If you comply with these Terms of Service, StackOfStake grants you the limited right to use the Site and the Services. The right to use the Site and the Services is a personal, restricted, non-exclusive, non-transferable, non-sublicensable, revocable, limited licence, and it is subject to the limitations and obligations in these Terms of Service. Nothing in these Terms of Service gives you any right, title, or ownership of, in, or to the Site, any of the Services, or the StackOfStake Marks. The Site may suspend or terminate the Services to you, your Digital Tokens Wallet, or to any of your Digital Tokens Address at its sole discretion, as required by applicable Laws or where StackOfStake determines that you have violated, breached, or acted inconsistent with any of these Terms of Service.

All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel” and arrangement of any content contained on or available through the Services are exclusively owned, controlled, and/or licensed by StackOfStake or its members, licensors, or affiliates.

Depending on your place of residence, you may not be able to use the Services. It is your responsibility to follow those rules and laws in place of residence and/or place from which you are accessing the Services.

3. Staking & Exchanging Activities

StackOfStake is an online Staking and exchanging Service with a goal to allow you to invest in Digital Tokens and receive passive income from these investments.

You have the right to employ to the following Services:

  • Access to the Digital Tokens Wallet within the Service;
  • Access to deposit and to withdraw of Digital Tokens;
  • Access to the Service to carry out Staking activity;
  • Access to the Service to carry out exchanging activity (see paragraph 5.4);
  • Access to the information about StackOfStake, Digital Tokens’ onchain and offchain information, as well as other appropriate information published by StackOfStake on Site and its public channels.

Digital Tokens available on StackOfStake were added according to the users' requests. StackOfStake is not affiliated with the Digital Tokens offered for Staking and exhanging and does not bear any responsibility for the actions of ICO organizers, Digital Tokens developers and entrepreneurs and other representatives of the Digital Tokens community.

4. Risks and Limitation of Liability

Investing in and exchanging of Digital Tokens entails certain risks. Risks include, but are not limited to, the following:

4.1. Market Risk

The market for Digital Tokens is still new and uncertain. No-one should have funds Invested in Digital Tokens he/she is not prepared to lose entirely. Whether the market for one or more Digital Tokens will move up or down, or whether a particular Digital Token will lose all or substantially all of its value, is unknown. Participants should be cautious about holding Digital Tokens.

4.2. Liquidity and Listing Risk

Markets for Digital Tokens have varying degrees of liquidity. Some are quite liquid while others may be thinner. Thin markets can amplify volatility. There is never a guarantee that there will be an active market for one to sell, buy, or exchange Digital Tokens or products derived from or ancillary to them. Furthermore, any market for tokens may abruptly appear and vanish.

4.3. Legal Risk

The legal status of certain Digital Tokens may be uncertain. This can mean that the legality of holding or trading them is not always clear. Whether and how one or more Digital Tokens constitute property, or assets, or rights of any kind may also seem unclear. Participants are responsible for knowing and understanding how Digital Tokens will be addressed, regulated, and taxed under applicable law.

4.4. Counterparty Risk

Having Digital Tokens on deposit or with any third party in a custodial relationship has attendant risks. These risks include security breaches, risk of contractual breach, and risk of loss. Participants should be wary of allowing third parties to hold their property for any reason.

4.5 Risk of Uninsured Losses

Unlike bank accounts or accounts at some other financial institutions, Digital Tokens at StackOfStake are uninsured unless you specifically obtain private insurance to insure them. Thus, in the event of loss or loss of utility value, there is no public insurer or private insurance arranged by StackOfStake, to offer recourse to you.

4.6. Risk of Hacking and Security Weaknesses

Hackers or other malicious groups or organizations may attempt to interfere with Services in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing, which could negatively affect Services.

5. Services usage

5.1. Registration

For the purpose of registration, which is conducted at stackofstake.com/signup, you must enter current e-mail and password. Registration is complete once you visit the activation link, provided in e-mail notification. You set your own password at registration and are solely responsible for the safety of the password and all account information.

5.2. Deposits and Withdrawals

Irrespective of the nature and form of any withdrawal request, whether initiated by you or otherwise, StackOfStake reserves the right to process and send withdrawals using Fiat or any one or more Digital Tokens. In the course of processing and sending any withdrawals in Fiat or one or more Digital Tokens, or when processing and receiving deposits, StackOfStake may be required to share your user information with other contractual third parties, including financial institutions, or as required under applicable Laws or demanded upon a lawful request by any Government. You hereby irrevocably grant full permission and authority for StackOfStake to share this information with such contractual third parties, or as required under applicable Laws or demanded upon a lawful request by any Government, and release StackOfStake from any liability, error, mistake, or negligence related thereto.

Deposit time depends from the number of confirmations set for particular Digital Token. Coins will show up at your Digital Token Wallet in “pending” status after 1 network confirmation.

You are able to withdraw your Digital Tokens at any time, however, StackOfStake reserves the right for a withdrawal processing time of up to 72 hours. This is due to technical and security reasons, as we may need to dissolve running masternodes or transfer Digital Tokens from the cold to the hot storage or perform other action that needs time to be done.

All deposits and withdrawals are fee-free. However, the network fee for withdrawal should be paid by you.

Sometimes wrong deposits transfers of Digital Tokens to Digital Token Wallet intended for accepting and storing other Digital Tokens occur. You should be aware that StackOfStake does not restore and return wrong deposited Digital Tokens.

5.3. Dividends allocation

Each dividend is distributed instantly after Staking block reward accrual. Dividends are distributed according to the following formula:

Dividend = Staking block reward x (1- Fee) x User balance / Total pool balance
Where,
Dividend - Actual payment to the user in Digital Tokens;
Staking block reward - Payment from the network for Staking;
Fee - Our fee for the services provided (see paragraph 5.5);
User balance – balance at user’s Digital Token Wallet;
Total pool balance – total Digital Token balance of all StackOfStake users.

StackOfStake is not liable for any changes of the Digital Tokens prices. Daily ROI is calculated based on actual Dividends for the last 24 hours. Monthly and annual ROI are projected by the proprietary algorithms.

StackOfStake can't guarantee the daily or monthly or annual ROI of any coin to be of constant value. Also, we don’t guarantee the absolute accuracy of all projected data.

StackOfStake can’t guarantee 100% uptime of all Staking servers. If the Staking server or Digital Token Wallet of curtain Digital Token is offline, it can be considered as Digital Tokens maintenance process (see paragraph 5.6).

5.4. Express Trade

After submitting the order of exchange Digital Tokens, the operation will be performed instantly and your Digital Tokens will be reflected on the Digital Token Wallet. Once the order completed, you may not change, withdraw, or cancel your authorization for StackOfStake to complete such order.

By submitting an order, you provide authorization for StackOfStake to execute the requested transaction on your behalf. StackOfStake will attempt to execute the trade at, or close to, the market exchange rate defined within the Services. You agree and accept that exchange rates can be volatile, and that the rates listed within our Services may differ from those available to external sources outside of our own Services. During bouts of illiquidity, excess volume, fast movement or other volatility within the marketplace for Digital Tokens, the final rate at which trades are executed may differ from the prevailing rate previously indicated. Once order has been submitted, it can’t be cancelled.

Any Digital Tokens sold or bought via Express Trade receive 72 hours lock period. These Digital Tokens will be shown as “Locked” at user’s dashboard. These Digital Token are eligible to receive Dividends. This lock protects StackOfStake from various factors like user abuses and exchange rate manipulation.

5.5. Fees

You agree to pay StackOfStake the fees set forth at www.kb.stackofstake.com/fees/ which may be updated from time to time in StackOfStake’s sole discretion. Any such updated fees will apply prospectively to any dividends or other transactions that take place following the effective date of such updated fees.

The fee is deducted from each Dividend payout amount before the payment to you is done.

You provide authorization for us, or for our chosen payment processor, to deduct or charge any applicable fees related to exchange activities completed via the Services against your StackOfStake Digital Token Wallet.

5.6. Digital Tokens maintenance

Digital Tokens may be placed under ‘maintenance’ conditions at any time without notice. During Digital Token maintenance, the affected Digital Token cannot be withdrawn or deposited. Dividends of the affected Digital Token may not be generated, depending of the maintenance reason and period.

We may place Coins under maintenance for a variety of reasons, including but not limited to:

  • Requests from developers;
  • The Digital Token falling out of sync with blockchain;
  • Routine maintenance;
  • Hardware or software updates.

As Digital Token maintenance is a standard risk, we do not accept any direct or indirect liability for losses or damages caused by Digital Token being placed under maintenance.

5.7. Digital Tokens removal

There are the number of cases when StackOfStake decide to remove a curtain Digital Token from Site. Prior to the removal, a period of up to 30 days is set during which users can withdraw their assets.

StackOfStake is not liable to any users’ losses sustained in case of circumstances under which a user for any reason is late to withdraw the funds before the deadline or fails to withdraw the funds due to events outside of StackOfStake’s control (such as broken blockchain, unavailable nodes, etc.).

6. Account verification

  1. 6.1. StackOfStake leaves the right to choose a type of your account: verified (KYC levels 1, 2 or 3) or unverified.
  2. 6.2. Unverified accounts and accounts with KYC level 1 and 2 have daily limitations for Digital Tokens purchase via Express Trade:
  • Unverified – up to 849 USD;
  • Level 1 – 849-4199 USD;
  • Level 2 – 4200-8499 USD
  1. 6.3. StackOfStake reserves the right to request you to submit your identity details (incl. ID data and the photo (selfie)) in case when the user’s activity is found suspicious (see paragraph 8).
  2. 6.4. StackOfStake reserves the right to request you to resubmit your identity details (incl. ID and the User’s photo (selfie) in case when previously provided the User’s identity details seem to have fake marks.
  3. 6.5. In case if you delay or refuse to provide such information, StackOfStake reserves the right to suspend the account along with freezing all the funds, available at the moment of suspending, till the moment of providing the requested information.
  4. 6.6. StackOfStake is not obliged to assist the you to recover unverified account in case when you lost 2FA recovery code or the access to the device storing OTP/U2F access key

7. Prohibited Uses

You may not:

  1. 7.1. Use the Site or any Services in order to disguise the origin or nature of illicit proceeds of, or to further, any breach of applicable Laws, or to transact or deal in, any contraband Digital Tokens, Fiat, funds, property, or proceeds;
  2. 7.2. Use the Site or any of the Services, approve, evade, avoid, or circumvent any applicable Laws, including but not limited to AML Laws, Counter-Terrorist Financing Laws, Anti-Corruption Laws, and Economic Sanctions Laws;
  3. 7.3. Obtain financing on the Site, or use any Services, with anything other than Fiat, funds, keys, property, or Digital Tokens that have been legally obtained by you and that belong to you;
  4. 7.4. Use the Site or any Services to engage in conduct that is detrimental to StackOfStake or to any other Site user or any other third party;
  5. 7.5. Falsify any account, Digital Tokens Wallet, or Digital Tokens Address registration, exchange, or administration details provided to StackOfStake, impersonate another Person or misrepresent your affiliation with a Person;
  6. 7.6. Falsify or materially omit any information or provide misleading or inaccurate information requested by StackOfStake, including at registration or during the course of administering any Services to you;
  7. 7.7. Cause injury to, or attempt to harm, StackOfStake or any third party through your access to the Site or any Services;
  8. 7.8. Have more than one account and more than one Digital Tokens Wallet on the Site, or use any Digital Tokens Wallet on a one-time, ‘throwaway’ basis; any such additional Digital Tokens Wallets or one time ‘throwaway’ Digital Tokens Wallet may be terminated or suspended at the absolute discretion of StackOfStake;
  9. 7.9. Access the Site or use any Services utilizing any virtual private network, proxy service, or any other third party service, network, or product with the effect of disguising your IP address or location;
  10. 7.10. Violate, cause a violation of, or conspire or attempt to violate these Terms of Service or applicable Laws.

Any use as described in this paragraph shall constitute a "Prohibited Use". If StackOfStake determines that you have engaged in any Prohibited Use, StackOfStake may address such Prohibited Use through an appropriate sanction, in its sole and absolute discretion. Such sanction may include, but is not limited to, making a report to any Government, law enforcement, or other authorities, without providing any notice of you about any such report; confiscation of any Fiat, funds, property, proceeds, or Digital Tokens in any Digital Tokens Wallet that you have on the Site; and, suspending or terminating your access to any Services or Fiat, funds, property, or Digital Tokens from any Digital Tokens Address. StackOfStake may, at its sole and absolute discretion, seize and deliver your property to any applicable Government, law enforcement, or other authorities where circumstances warrant. In addition, should your actions or inaction result in the imposition of economic costs to StackOfStake, you shall pay an amount to StackOfStake so as to render StackOfStake whole, including without limitation, the amount of taxes or penalties that might be imposed on StackOfStake.

8. Due Diligence

Generally, Anti-Money Laundering and Counter-Terrorist Financing: StackOfStake is committed to providing safe, compliant, and reputable Services to identify, detect, prevent, and report on money laundering, terrorist financing, and other improper activities under applicable AML Laws, Counter-Terrorist Financing Laws, Anti-Corruption Laws, and Economic Sanctions Laws. Accordingly, StackOfStake insists on a comprehensive and thorough user due diligence process implementation and ongoing analysis and reporting. Account, and must provide promptly all information requested and necessary to satisfy due diligence requirements and obligations pursuant to applicable Laws and the compliance policies or procedures of StackOfStake. Additionally, StackOfStake may assess whether you will make, or intend to make, a deposit, withdrawal, or transfer of Fiat or Digital Tokens to, from, or through any Financial Institution to facilitate the provision of the Services, and if applicable, you must provide all information requested and necessary to satisfy due diligence requirements and obligations pursuant to applicable Laws and the compliance policies or procedures of StackOfStake. You agree to provide promptly documentation, information, or records requested by StackOfStake at any time. StackOfStake needs to retain certain information, documentation, and records on file pursuant to applicable Laws and its contractual relationships, and StackOfStake hereby expressly reserves the right to keep such information, documentation, and records. These undertakings shall apply even when you suspend or terminate your relationship with StackOfStake or abandon your application to have a Digital Tokens Wallet with StackOfStake. Our policies apply to any and all Digital Tokens, Fiat, and other funds or property being exchanged on or through the Site or by any of you, your Affiliates, of any of StackOfStake’s Associates.

StackOfStake reserves the right to refuse registration to, to bar transactions from or to, or to suspend or terminate the administration of Services, Digital Tokens Address, or Digital Tokens Wallet for or with, any user for any reason (or for no reason) at any time, including but not limited to the provisions of paragraphs 7 and 10, subject to any limitations imposed by applicable Laws. In lieu of refusing registration or ongoing administration of your Digital Tokens Wallet, StackOfStake may perform enhanced due diligence procedures. At all times, you may be subject to enhanced due diligence procedures in your use of the Site and any Service. If you decline to provide requested due diligence information or otherwise do not reply timely or substantively with the documentation or data requested, the Site has the absolute discretion to suspend or terminate Services to you immediately.

9. Intellectual Property

  1. 9.1. The trademarks, service marks, and trade names, including both word marks and design marks (the “Mark(s)”) are the property of StackOfStake or other third parties. You agree not to appropriate, copy, display, or use the Marks or other content without express, prior, written permission from StackOfStake or the third-party owner of the Marks, including without limitation, as a domain name, as social media profile/handle, on a website, in an advertisement, as or in connection with a phone number, as or in connection with an email address, in Internet search results, in meta data or code, or in any other manner;
  2. 9.2. Unless otherwise indicated, all materials on the Site are copyrighted by, and owned exclusively by, StackOfStake (“Marks”). StackOfStake reserves all rights in its Marks. You agree not to appropriate, copy, display, or use the Marks or other content without express, prior, written permission from StackOfStake;
  3. 9.3. You may link to the Site’s homepage or other pages, provided you do so in a way that is fair and legal and does not damage StackOfStake’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on StackOfStake’s part without prior, express, written consent;
  4. 9.4. The Site may provide certain social media features that enable you to link, send communications, or display certain content from the Site. You may use these features solely as they are provided by StackOfStake. You may not establish a link from any website that is not owned by you, cause the Site or portions of it to be displayed on or by any other site (for example, framing, deep linking, or in-line linking), or otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms.

10. Your Representations & Warranties

You represent and warrant to StackOfStake as follows:

  1. 10.1. That, if you are an individual user, you are 18 years of age or older and that you have the capacity to contract under applicable Laws;
  2. 10.2. That at the time of submitting the account registration, at the conclusion of the Terms of Service and use of Services, you are fully legally capacitated and are not under the influence of alcohol, drugs, psychoactive, toxic or other intoxicating substances;
  3. 10.3. That you understand that your access credentials such as user name and password as confidential information and not to disclose such information to any third party. You also agree that you alone are responsible for taking necessary safety precautions to protect your own account and personal information;
  4. 10.4. That you are providing true, accurate, current, and complete personal information at the time of registration and agree to maintain and keep the information up to date;
  5. 10.5. That, if you are registering to use the Site on behalf of a legal entity, (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf
  6. 10.6. That you understand the risks associated with using the Site, that you are not prohibited or restricted from using the Site;
  7. 10.7. That you have not previously been suspended or removed from using our Services;
  8. 10.8. That you will not use the Site or any Services in order to conceal or disguise the origin or nature of proceeds of crime or terrorist financing, or to further, any breach of applicable AML Laws or Counter-Terrorist Financing Laws, or to deal in any unlawful Digital Tokens, Fiat, property, funds, or proceeds;
  9. 10.9. That you will not stake or exchange on the Site or use any Services with anything other than Fiat, funds, or Digital Tokens that have been legally obtained by you and that belong to you;
  10. 10.10. That you consent to any and all tax and information reporting under AML Laws, Counter-Terrorist Financing Laws, Anti-Corruption Laws, Economic Sanctions Laws, or tax Laws, including FATCA and CRS, as StackOfStake may reasonably determine;
  11. 10.11. That you will not falsify any Digital Tokens Wallet registration or administration details provided to StackOfStake;
  12. 10.12. That you will not falsify or materially omit any information or provide misleading or inaccurate information requested by StackOfStake in the course of, directly or indirectly relating to, or arising from your activities on the Site or use of any Services, including at registration or during administration or other due diligence processes, and that if any information provided to StackOfStake becomes incorrect, you will promptly provide corrected information to StackOfStake;
  13. 10.13. That you will accurately and promptly inform StackOfStake if you know or have reason to know whether any of the foregoing representations or warranties no longer is correct or becomes incorrect.

11. No Representations & Warranties by StackOfStake

StackOfStake makes no representations, warranties, or guarantees to you of any kind. The Site and the Services are offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose. Without limiting the foregoing, StackOfStake does not represent or warrant that the Site, the Services or StackOfStake materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components.

12. Limitation of Liability & Release

Except as may be provided for in these Terms of Service, StackOfStake assumes no liability or responsibility for and shall have no liability or responsibility for any claim, application, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), nor for any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses (collectively, referred to herein as "Losses") directly or indirectly arising out of or related to:

  1. 12.1. These Terms of Service;
  2. 12.2. The Site, and your use of it;
  3. 12.3. The Services, and your use of any of them;
  4. 12.4. The real or perceived value of any currencies or Digital Tokens holded on the Site, or the price of any Digital Token displayed on the Site at any time;
  5. 12.5. Any inaccurate, misleading, or incomplete statement by StackOfStake or on the Site regarding your Digital Tokens Wallet, whether caused by StackOfStake’s negligence or otherwise;
  6. 12.6. Any failure, delay, malfunction, interruption, or decision (including any decision by StackOfStake to vary or interfere with your rights) by StackOfStake in operating the Site or providing any Service;
  7. 12.7. Any stolen, lost, or unauthorized use of your Digital Tokens Wallet information, any breach of security or data breach related to your Digital Tokens Wallet information, or any criminal or other third party act affecting StackOfStake or any Associate;
  8. 12.8. Any offer, representation, suggestion, statement, or claim made about StackOfStake, the Site, or any Service by any Associate.

You hereby agree to release the Associates from liability for any and all Losses, and you shall indemnify and save and hold the Associates harmless from and against all Losses. The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, unjust enrichment, strict liability, violation of law or regulation, or any other basis, even if the Associates have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.

13. Termination of Agreement

You agree that StackOfStake shall have the right to immediately suspend your account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the funds in all such accounts, and suspend your access to StackOfStake for any reason including if it suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that StackOfStake shall not be liable to you for any permanent or temporary modification, suspension or termination of your Account or access to all or any portion of the Services. StackOfStake shall have the right to keep and use the transaction data or other information related to such accounts. The above account controls may also be applied in the following cases:

  • The account is subject to a governmental proceeding, criminal investigation or other pending litigation;
  • We detect unusual activity in the account;
  • We detect unauthorized access to the account;
  • We are required to do so by a court order or command by a regulatory/government authority.

In case of any of the following events, StackOfStake shall have the right to directly terminate this agreement by cancelling your Account, and shall have the right to permanently freeze (cancel) the authorizations of your account on StackOfStake and withdraw the corresponding StackOfStake Account thereof:

  • after StackOfStake terminates services to you;
  • you allegedly register or register in any other Person’s name as StackOfStake user again, directly or indirectly;
  • the information that you have provided is untruthful, inaccurate, outdated or incomplete;
  • when these Terms of Service are amended, you expressly state and notify StackOfStake of your unwillingness to accept the amended Terms of Service;
  • you request that the Services be terminated;
  • any other circumstances where StackOfStake deems it should terminate the services.

Should your Account be terminated, the Account and transactional information required for meeting data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the Account termination process, StackOfStake shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.

If StackOfStake receives notice that any funds held in your Account are alleged to have been stolen or otherwise are not lawfully possessed by you, StackOfStake may, but has no obligation to, place an administrative hold on the affected funds and your Account. If StackOfStake does place an administrative hold on some or all of your funds or Account, StackOfStake may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to StackOfStake has been provided to StackOfStake in a form acceptable to StackOfStake. StackOfStake will not involve itself in any such dispute or the resolution of the dispute. You agree that StackOfStake will have no liability or responsibility for any such hold, or for your inability to withdraw funds or execute trades during the period of any such hold.

When an account has been suspended, any remaining Digital Token Wallet balance on the account - including liabilities or charges owned to StackOfStake - become the property of StackOfStake. If StackOfStake are holding funds in your Account on behalf of you, we may remit and report such Funds in accordance with relevant state laws on unclaimed property. We maintain full custody of all funds and associated user information and data, which we have permission to turn over to the relevant authorities in the event of your account being suspended or closed due to fraud investigation, AML investigation, or your violation of Terms of Service.

a. Remaining funds after Account termination

Except as set forth in subsection (b) below, once the Account is closed/withdrawn, all remaining Digital Token Wallet balance (which includes charges and liabilities owed to StackOfStake) on the account will be payable immediately to StackOfStake. Upon payment of all outstanding charges to StackOfStake (if any), the User will have 5 business days to withdraw all funds from the Account.

b. Remaining funds after Account termination due to fraud, violation of law, or violation of these Terms)

StackOfStake maintains full custody of the funds and User data/information which may be turned over to governmental authorities in the event of Account suspension/closure arising from fraud investigations, violation of law investigations or violation of these Terms.

14. No Advice

StackOfStake is not your intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any investment decisions or activities effected by you using the Services. No communication or information provided to you by StackOfStake is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. You should consult your legal or tax professional regarding your specific situation. StackOfStake does not recommend that any Digital Tokens should be earned, bought, sold, or held by you. Before making the decision to buy, sell or hold any Digital Tokens, you should conduct your own due diligence and consult your financial advisors before making any investment decision. StackOfStake will not be held responsible for the decisions you make to buy, sell, or hold Digital Tokens based on the information provided by StackOfStake.

15. Resolving disputes

15.1. Notification of Dispute

Please contact StackOfStake first! StackOfStake wants to address your concerns without resorting to formal legal proceedings. Before filing a claim, you agree to try to resolve the dispute informally by contacting StackOfStake first through stackofstake.com/support.

15.2. Agreement to Arbitrate

You and StackOfStake agree to resolve any claims relating to this Terms (including any question regarding its existence, validity, termination, or any services or products provided and any representations made by us) through final and binding arbitration, except as set forth under Exceptions to Terms to Arbitrate below. You agree to first give us an opportunity to resolve any claims during 60 days by contacting us.

16. Miscellaneous

16.1. Independent Parties

StackOfStake is an independent contractor and not an agent of you in the performance of these Terms of Service. These Terms of Service not to be interpreted as evidence of an association, joint venture, partnership, or franchise between the parties.

16.2. Force Majeure

StackOfStake will not be liable for any delay or failure to perform as required by these Terms of Service because of any cause or condition beyond StackOfStake’s reasonable control.

16.3. Severability

If any portion of these Terms of Service are held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms of Service, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.

16.4. Assignment

You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. StackOfStake may assign or transfer any or all of its rights or obligations under these Terms of Service, in whole or in part, without notice or obtaining your consent or approval.

16.5. Waiver

The failure of a party to require performance of any provision will not affect that party’s right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms of Service or any provision of these Terms of Service constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

16.6. Third-Party Website Disclaimer

Any links to third-party websites from the Services does not imply endorsement by StackOfStake of any products, services or information presented therein, nor does StackOfStake guarantee the accuracy of the information contained on them. In addition, since StackOfStake has no control over the terms of service or privacy practices of third-party websites, you should read and understand those policies carefully.