Terms of Service
The following is a summary of the Terms of Service provided solely for your convenience and informational purposes. You must read the complete Terms of Service below for the legally binding terms.
Summary of Terms of Service
This summary provides an overview of our Terms of Service that apply to your use of our website and other services. This summary isn't legally binding and is purely for informational purposes. While we hope this summary section is helpful, please read the complete Terms of Service below for the legally binding terms.
  • Eligibility. The Terms of Service sets forth certain criteria for your eligibility to use our services.
  • Ink, Our Services, and Third Party Services. Below, you'll find more information about our services, Ink, and Third Party Services. For clarity, Ink and Third Party Services are not part of our services, and as such we have no obligations or liability to you in connection with your use of Ink or Third Party Services. In addition, we explain that there are a number of ways in which you are prohibited from using our services, some of which are covered below.
  • Availability of Services. Certain services may not be available or may only be available in certain jurisdictions. We also may stop providing certain services.
  • Content and Feedback. You give us the right to use any content you provide, and we will own any feedback, suggestions, or ideas you provide related to our website or services.
  • Restrictions. There are also a number of ways in which you are prohibited from using our website or services, some of which are covered below.
  • Changes. The Terms of Service discuss changes we can make to our website, services, or the terms themselves, including how we can suspend or terminate the website or services. Changes to the Terms of Service, our services, or website may be made at any time, with or without notice. Continued use of our services and website is your consent to the Terms of Service and any changes to them.
  • Risks and Liability. There are risks associated with using our services, Ink, or Third Party Services. The Terms of Service also cover your responsibility for taking on risk, limit our liability to you, and limit the remedies you may have against us and how you may seek those remedies.
  • Dispute Resolution. We hope to avoid disputes, but if there is a dispute, you are required to arbitrate disputes with us and the manner in which you can seek relief may be limited.
The following is the binding and enforceable Terms of Service.
Terms of Service
Last Updated: December 16, 2024
Please read these Terms of Service (“Terms”) carefully, as they are binding and govern your use of our website, https://inkonchain.com/ (the “Website”), Interface, Testnet, Kraken Sequencer and any content, tools, documentation, features and functionality offered on or through our Website (collectively, the “Services”). They also govern your use of the Kraken Sequencer. By accessing or using our Services, or by submitting any content, you agree to these Terms.
These Terms may change at any time and without notice, including updates to (1) reflect changes to our Services; (2) reflect the addition of new services, features, technologies, or offers; (3) address legal, regulatory, or security developments; or (4) prevent harm to our Services or to those using our Services. These Terms can only be modified in writing, and any change will be effective as of the Last Updated date set forth above. You should frequently check these Terms for updates. If you continue to access or use our Services, after we change these Terms, you agree to all our changes.
These Terms are a legally binding agreement between “you” (an individual, or an entity acting through an authorized individual) and Ink Foundation, C/O CO Services Cayman Limited, PO Box 10008 Willow House Cricket Square, Grand Cayman, Cayman Islands KY1-1001 (“we”, “us”, or “our”).
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO OUR SERVICES AND/OR PRODUCTS OR THE KRAKEN SEQUENCER THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION AGREEMENT AND THE CLASS ACTION WAIVER AS EXPLAINED BELOW.
To make these Terms easier to read, we have organized them as follows:
  • Terms of Service
    1. Eligibility
    2. Ink
    3. Our Services
    4. Third Party Services
    5. Content; Feedback
    6. Restrictions
    7. Risks
    8. Disclaimer of Warranties
    9. Limitations on Liability
    10. Indemnification
    11. Dispute Resolution by Binding Arbitration; Class Action Waiver
    12. Governing Law
    13. Suspension; Termination; Discontinuance
    14. Personal Data
    15. Notices
    16. General
1. Eligibility
To use any of our Services or the Kraken Sequencer, you must meet at least the following conditions (“Conditions”):
  • if you are an individual, be old enough to legally form a binding contract in your jurisdiction (in the USA, that's 18 years old, but it may be different where you live),
  • if you are an entity, be duly organized and validly existing under the applicable laws of the jurisdiction of your organization,
  • have full power and authority to enter into these Terms without violating any other agreement you have made,
  • not have been restricted from using our services,
  • if you are an individual, not be located in, under the control of, or resident in—or, if you are an entity, not be directly or indirectly owned or controlled by any person located in, under the control of, or organized or resident in—any sanctioned or embargoed jurisdiction (including Crimea, Cuba, Donetsk, Iran, Luhansk, North Korea, Russia, Belarus, and Syria), or any jurisdiction where we may have restricted use of any services, and
  • if you are an individual, not be listed on—or, if you are an entity, not listed on or be directly or indirectly owned or controlled by any person listed on—the Office of Foreign Assets Control of the U.S. Department of Treas.ury's Specially Designated Nationals and Blocked Persons List (“SDN”), the U.S. Department of Commerce's Denied Persons List, Consolidated Non-SDN Lists available here, the United Nations (UN) Security Council Consolidated List available here, or regional or foreign government watchlists.
2. Ink
Ink is a layer 2 optimistic rollup protocol for the Ethereum blockchain (“Ink”) built on open source software that we do not control. Ink includes functionality whereby certain open source smart contracts can receive and hold certain digital currency or other digital assets (“Digital Assets”) from certain supported blockchain networks such as Ethereum (“Supported Networks”), which are then represented on Ink (“Bridge Smart Contracts”). The Bridge Smart Contract can also be used to withdraw your Digital Assets from Ink back to Supported Networks. We do not take possession, custody, or control of any Digital Assets on Ink or sent to its Bridge Smart Contracts. There is a risk that the open source software, including any upgrades, that Ink is built on may introduce bugs, viruses, Trojan horses, or other vulnerabilities or changes to Ink that could result in a partial or complete disruption of Ink or loss, damage, or destruction of your Digital Assets. The Supported Networks, and the types of Digital Assets, that are capable of functionating with Ink and the Bridge Smart Contracts may also be subject to change at any time. We do not control third party applications, including their development or deployment, on Ink, or any activity or transactions occurring on Ink. Therefore, you acknowledge and agree that Ink, including its Bridge Smart Contracts, are not part of our Services, and we have no obligations or liability to you in relation to your use of Ink or its Bridge Smart Contracts, and you use Ink and its Bridge Smart Contracts at your own risk.
3. Our Services
Interface
Our Website includes a user interface (the “Interface”) that is intended to allow you to more easily interact with certain functionalities of Ink, such as the Bridge Smart Contracts. Other third parties may deploy their own applications or interfaces to interface with Bridge Smart Contracts, and those other applications or interfaces are not part of our Services.
Testnet
We operate the Ink testnet (the “Testnet”) as a testing environment that is intended to reproduce the functionality and experience of Ink. The Testnet is intended to allow you to develop applications for Ink and otherwise improve the stability, security, and design of Ink and applications built for Ink. Any Testnet tokens are for testing purposes on the Testnet, have no value, and are not redeemable or convertible for any other token or item of value. We may change, upgrade, discontinue, suspend, or terminate the Testnet at any time and without notice.
4. Third Party Services
When using our Services or Ink (including Bridge Smart Contracts), you may have the opportunity to use or interact with third party services. We do not verify, approve, monitor, control or endorse any third-party services and are not liable to you for third-party services or third-party content displayed or otherwise made available on the Services. We are not responsible for, and make no representation as to, any third-party content or services. Your use of third-party content or services may be subject to additional terms and conditions with third-parties, and we are not part of those terms or conditions. You may also incur third-party fees, such as fees associated with third-party services, or other fees, such as gas fees. You're solely responsible for paying all such fees. If any third-party terms and conditions conflict with these Terms, you agree that these Terms control. Under no circumstances shall we incur any liability, of any kind, to you arising from or relating to fees charged to you by third-party content or services linked to or accessed through our Services or Ink (including Bridge Smart Contracts). Your interactions with third-party services, including digital wallets, are governed by their respective privacy policies. We are not responsible for their data practices.
Kraken Continuance (“Kraken”) operates a node that receives, records, and combines multiple transaction records from Ink into batches, which are then settled to the Ethereum blockchain in a specified format (the “Kraken Sequencer”). You are not required to use the Kraken Sequencer. If you use the Kraken Sequencer, you agree to pay any applicable gas fees, which may be modified at any time. Kraken will attempt to provide accurate gas fee information in connection with your use of the Kraken Sequencer, but such information reflects its estimate of gas fees, which may vary from the fees you actually pay to use the Kraken Sequencer and interact with Ink. The Kraken Sequencer does not store, take possession, custody, or control of your Digital Assets at any time, except for receiving applicable gas fees. It also does not have the ability to modify, reverse, or otherwise modify any transactions submitted to the Ethereum blockchain. Applicable gas fees received in connection with your use of the Kraken Sequencer may be modified at any time.
To use certain of the Services or the Kraken Sequencer, you may need to connect a compatible third-party digital wallet (“Wallet”) with the Services or the Kraken Sequencer. By using a Wallet in connection with the Services or the Kraken Sequencer, you agree that you are using the Wallet under the terms and conditions of the applicable third-party provider of such Wallet. Wallets are not associated with, maintained by, or affiliated with us. We accept no responsibility or liability to you in connection with your use of a Wallet, and we make no representations or warranties regarding how the Services, the Kraken Sequencer or Ink will operate or be compatible with any specific Wallet. The private keys necessary to access the assets held in a Wallet are not held by us. You are solely responsible for maintaining the confidentiality of your private keys and you are responsible for any transactions signed with your private keys. We reserve the right, in our sole discretion, to prohibit certain Wallet addresses from being able to use or engage in transactions using the Services or the Kraken Sequencer.
5. Content; Feedback
Our Content. We or our licensors own (1) our Services, (2) all content, materials, software, and trademarks found on them, (3) the selection and arrangement of them, and (4) all intellectual property rights in them (collectively, “Our Content”). So long as you comply with these Terms, you're permitted to use our Services, and Our Content made available to you as part of our Services, but only for your own benefit. We can take away this permission at any time for any reason. You don't have or acquire any rights to Our Content beyond the limited, revocable permission in the previous sentence.
Your Content. You may have the opportunity to transmit content or materials in or through our Services (“Your Content”), excluding Personal Data as defined in our Privacy Notice). You grant us a perpetual, irrevocable, royalty-free, worldwide, fully sublicensable, non-exclusive right and license to use and exploit Your Content in any manner and for any purpose.
Feedback. You may provide us feedback, suggestions, or ideas relating to our Services (“Feedback”). You represent and warrant that you have the right to provide us any Feedback that you provide. You agree that we'll own all Feedback, and you hereby irrevocably assign all right, title, and interest in and to all Feedback to us.
6. Restrictions
You won't:
  • use Our Content to engage in, pay for, or support any illegal, fraudulent, deceptive, or manipulative conduct, including illegal gambling activities, money-laundering, or terrorist activities,
  • use Our Content in any way or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property rights or other rights of us or any third party, or applicable local, state, or federal law or regulation, or that is prohibited by these Terms,
  • remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any intellectual property or proprietary rights notices from Our Content,
  • use, export, reexport or transfer any of Our Content for any purpose prohibited by U.S. or local export or import control laws and regulations,
  • copy, modify, disassemble, decompile, or reverse engineer Our Content (except to the extent such restrictions are prohibited by applicable law),
  • use (except as expressly permitted in these Terms), license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party Our Content in any way,
  • take any action or use Our Content in any manner that could damage, destroy, disrupt, disable, impair, overburden, or otherwise impede or harm in any manner Our Content, or interfere with any other party's use of Our Content,
  • disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to Our Content or any computer network,
  • bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by us or any of our service providers to protect Our Content,
  • use any device, software, or routine that interferes with the function of Our Content or transmit in or through Our Content, or use in connection with Our Content, any virus, trojan horse, worm, backdoor, time bomb, malware, or other software or hardware devices designed to permit unauthorized access to, or disable, erase, or otherwise harm, any computer, systems, or software,
  • access or use Our Content to build or support products or services competitive to our products or Services,
  • use any web scraping, web harvesting, or data extraction methods to extract any data from Our Content,
  • create, use, operate, or employ any bots, robots, parsers, spiders, scripts, programs, routines, or any other forms of automation to engage in any activity on Our Content,
  • develop any third-party applications that interact with Our Content without our prior written consent,
  • use or attempt to use Our Content for any person other than yourself,
  • provide false, inaccurate, or misleading information in connection with your use of or access to Our Content,
  • violate any applicable law or regulation in connection with your use of or access to Our Content; or
  • encourage, permit, or enable any other person or entity to do any of the foregoing.
7. Risks
There are substantial risks associated with using our Services, Ink (including the Bridge Smart Contracts) and any third party service available on Ink, and you should carefully consider whether using them is suitable for you in light of your circumstances, knowledge, and financial resources. You may be subject to legal and regulatory compliance obligations in connection with your use of our Services, Ink (including Bridge Smart Contracts), and third party services available on Ink, and you agree that you are solely responsible for your compliance with all laws and regulations. You acknowledge and agree that our Services, Ink (including the Bridge Smart Contracts) and third party services available on Ink may incorporate experimental and novel technology and that the use of such technology involves a high degree of risk, could unexpectedly fail or not perform as intended, and may experience cyber-attacks, botting or other malicious activity, or other operational or technical difficulties or vulnerabilities related to your use of our Services, Ink (including Bridge Smart Contracts), and third party services available on Ink. You acknowledge and agree that smart contracts execute automatically when certain conditions are met, and we do not have the ability to reverse a transaction recorded on a public blockchain. You are responsible for ensuring that any details you enter in connection with a transaction using any smart contracts are accurate and complete. You acknowledge and agree that we cannot control how third-party exchange platforms quote or value Digital Assets, and we are not responsible for any losses you may incur as a result of fluctuations in the value of Digital Assets. As such, you acknowledge and agree that your use of our Services, Ink (including the Bridge Smart Contracts) and any third party service available on Ink, is at your own risk, and that we aren't liable to you for any losses you incur arising from such risks.
8. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES, THE KRAKEN SEQUENCER, AND INK ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE (AND AS APPLICABLE KRAKEN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT RELATING TO OUR SERVICES, THE KRAKEN SEQUENCER, AND INK. WITHOUT LIMITING THE FOREGOING, WE (AND AS APPLICABLE KRAKEN) DISCLAIM THAT (i) OUR SERVICES OR THE KRAKEN SEQUENCER WILL BE AVAILABLE, ACCURATE, SECURE, USEFUL, UNINTERRUPTED OR ERROR-FREE; (ii) DEFECTS WITH OUR SERVICES OR THE KRAKEN SEQUENCER CAN OR WILL BE CORRECTED; (iii) THE SERVERS THAT MAKE OUR SERVICES OR THE KRAKEN SEQUENCER AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (iv) THE SERVICES, THE KRAKEN SEQUENCER, OR INK WILL BE COMPATIBLE WITH ANY OTHER APPLICATION, SYSTEM, DEVICE OR WALLET; AND (v) THAT THE SERVICES, THE KRAKEN SEQUENCER, OR INK WILL PROTECT YOUR ASSETS FROM THEFT, HACKING, CYBER ATTACK OR OTHER FORM OF LOSS CAUSED BY THIRD PARTY CONDUCT. WE DON'T PROVIDE ANY UPTIME GUARANTEES, AND WE MAY DISCONTINUE MAKING OUR SERVICES OR THE KRAKEN SEQUENCER AVAILABLE TO YOU AT ANY TIME AT OUR SOLE DISCRETION.
9. Limitations on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE, KRAKEN, OR OUR RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS WILL BE LIABLE WITH RESPECT TO ANY CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, RELATED IN ANY WAY TO THESE TERMS, OUR SERVICES, THE KRAKEN SEQUENCER, OR INK FOR (1) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA AND (2) TO THE EXTENT NOT ALREADY EXCLUDED, ANY AMOUNTS EXCEEDING $100 UNITED STATES DOLLARS.
10. Indemnification
You agree to defend, indemnify, and hold harmless us, Kraken, and our respective officers, directors, members, employees, and agents, from any claim, demand, action, damage, loss, cost, or expense (including reasonable attorneys' fees) relating to (1) your use of our Services and the Kraken Sequencer, (2) your violation of these Terms, (3) your infringement, misappropriation, or violation of the rights of any other person or entity, (4) any content, materials, or information (in any form or medium) that you submit, post, upload, provide, contribute, or make available (or authorize or instruct us to do so) through the Services and the Kraken Sequencer, and (5) any Feedback. If you're obligated to indemnify us or Kraken, we respectively have the right to control any action if we want and you cannot settle any action without our consent, unless the settlement is only for money damages which you entirely pay.
11. Dispute Resolution By Binding Arbitration; Class Action Waiver
This Dispute Resolution by Binding Arbitration section is referred to in the Terms as the "Arbitration Agreement".
PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US OR KRAKEN AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
Informal Process First
We are always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly and to your satisfaction by emailing user support at [email protected]. However, if such efforts prove unsuccessful, you may send to us, by email, a written Notice of Dispute (“Notice”). The Notice should be sent to [email protected] and must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If we and you do not resolve the claim or dispute set out in the Notice within sixty (60) calendar days from the date of receipt, we or you may commence an arbitration proceeding. It is agreed that this dispute resolution procedure is a condition precedent which must be satisfied before initiating arbitration.
Arbitration and its Terms
Subject to the informal process outlined in the preceding paragraph, you and us agree to arbitrate any dispute arising in connection with these Terms (including questions related to their validity, existence, or termination) or your use of the Services and the Kraken Sequencer, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents.
The arbitration will be administered in accordance with the Rules of the London Court of International Arbitration then in effect (the “LCIA Rules”). It will be conducted in English and the parties will keep the arbitration proceedings confidential and not disclose any information regarding the arbitration (or any underlying claim or dispute) to any third party except as required by law.
Other than class procedures and remedies expressly prohibited by this Arbitration Agreement, the arbitrator(s) will have the authority to provide any remedy or relief that a court of competent jurisdiction could award, including injunctive relief. Any decision or award rendered by the arbitrator will be final and binding, and may be overturned by a court only for very limited reasons. Any judgment may be entered in any court of competent jurisdiction.
If there is any inconsistency between any term of the LCIA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would.
It is expressly agreed that any arbitration under these Terms will take place on an individual basis – class arbitrations and class action are not permitted. You understand that by agreeing to these Terms, you and us are each waiving the right to trial by jury or to participate in a class action or class arbitration.
Costs of Arbitration
Payment of all filing, administration and arbitrator costs and expenses will be governed by the LCIA Rules then in effect, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, then we will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding.
Fees and costs may be awarded as provided pursuant to applicable law. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
Batch Arbitration
To increase the efficiency of administration and resolution of arbitrations, you and us agree that in the event that there are one-hundred (100) or more individual claims of a substantially similar nature filed against us by or with the assistance of the same law firm, group of law firms, or organizations, then within a thirty (30) day period (or as soon as possible thereafter), the LCIA shall (a) administer the arbitration demands in batches of one-hundred (100) claims per batch (plus, to the extent there are less than one-hundred (100) claims left over after the batching described above, a final batch consisting of the remaining claims); (b) appoint one arbitrator for each batch; and (c) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that claims are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the LCIA, and the LCIA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by us. You and us agree to cooperate in good faith with the LCIA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of claims, as well as any steps to minimize the time and costs of arbitration, which may include: (i) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (ii) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
Waiver of Right to Bring Class Action and Representative Claims; Jury Trial Waiver.
WE AND YOU EACH AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY. ANY CLAIM OR DISPUTE WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AS STIPULATED IN THIS ARBITRATION AGREEMENT, NOT A JUDGE OR JURY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND US EACH AGREE THAT ANY PROCEEDING TO RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY WILL BE BROUGHT AND CONDUCTED ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”).
YOU AND US AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. YOU AND US EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM.
IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION . FURTHER, YOU AND US AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION (OTHER THAN THE BATCH ARBITRATION SPECIFIED ABOVE). FOR THE AVOIDANCE OF DOUBT, HOWEVER, YOU CAN SEEK PUBLIC INJUNCTIVE RELIEF TO THE EXTENT AUTHORIZED BY LAW AND CONSISTENT WITH THE EXCEPTIONS DESCRIBED ABOVE.
IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration. You acknowledge and agree that this Arbitration Agreement applies equally to any claims or disputes between you and Kraken in connection with any dispute that arises in relation to your use of the Kraken Sequencer, and notices to Kraken may be provided to [email protected].
Opt-Out
You have the right to opt-out and not be bound by the Arbitration Agreement contained in these Terms by sending written notice of your decision to opt-out to [email protected]. The notice must be sent to us within thirty (30) days of your first registering to use the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, we also will not be bound by them.
12. Governing Law
These Terms, your use of the Services, the Kraken Sequencer and any disputes arising out of or related thereto is governed by the laws of the Cayman Islands, without regard to its conflict of law provisions or principles.
13. Suspension; Termination; Discontinuance
We can, at any time and without liability or prior notice to you:
  • modify or discontinue our Services (or any parts of them) or the Kraken Sequencer,
  • suspend, restrict, or terminate your access to our Services or the Kraken Sequencer, or
  • suspend, restrict, or delete Your Content.
You may terminate your use of our Services or the Kraken Sequencer at any time by ceasing to access or use our Services or the Kraken Sequencer.
14. Personal Data
Please read both our Privacy Notice, and the Kraken Privacy Notice, for information about how your personal data may be collected, used, and shared. Both Privacy Notices are incorporated into these Terms by reference.
15. Notices
You agree that we may electronically provide you all communications, agreements, documents, notices, and disclosures (“Communications”) in connection with your access or use of our Services or the Kraken Sequencer. You agree that we may provide Communications to you by posting them on our Services, by emailing them to you at the email address you provide, or by sending an SMS or text message to a mobile phone number that you provide. Your carrier's normal messaging, data, and other rates and fees may apply to any mobile Communications you should retain copies of all Communications for your records.
You may withdraw your consent to receive electronic Communications by sending a withdrawal notice via the contact form on our website. If you do, we may suspend or terminate your use of our Services or the Kraken Sequencer.
16. General
Force Majeure.
We are not responsible or liable for any error, delay, loss, or damage arising from any event beyond our reasonable control (each, a “Force Majeure Event”). Force Majeure Events include flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
Injunctive Relief.
You agree that a breach of these Terms will cause irreparable injury to us for which monetary damages would not be an adequate remedy and we are entitled to equitable relief in addition to any remedies we may have hereunder or at law without a bond, other security or proof of damages.
Taxes
You alone are responsible for determining what taxes apply to your use of our Services, Ink (including the Bridge Smart Contracts) and any third party service available on Ink, and for reporting and remitting the correct taxes to the appropriate tax authorities. You agree that we have no responsibility or liability for determining what taxes apply or for collecting, reporting, withholding, or remitting any taxes arising from any trades or transactions, unless otherwise required by law.
Waiver.
If we don't exercise a right under these Terms, we are not waiving such right.
Enforceability.
If any provision of these Terms is invalid or unenforceable, such provision will be deemed severed from these Terms, but such invalidity or unenforceability won't affect any other part of these Terms and the rest of these Terms will remain in full force and effect; provided, however, that if any such invalid or unenforceable provision can be modified so as to be valid and enforceable as a matter of law, then such provision is not deemed severed from these Terms and instead is deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
Assignment.
You cannot assign or transfer any right or obligation under these Terms without our prior written consent. We can assign or transfer any right or obligation under these Terms, in whole or in part, without your consent, subject to compliance with applicable laws. In addition, if we are acquired by or merged with a third-party entity, we reserve the right to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
Interpretation.
In these Terms, (1) “or” is inclusive, (2) “including” or “such as” aren't words of limitation, (3) headings are only for your convenience, and (4) the “Summary of Terms of Service” and any definitions provided only for informational purposes are provided only for your convenience, is not legally binding, and does not affect the interpretation of these Terms.
Relationship.
We don't provide investment or tax advice, including in connection with your use of our Services. You agree not to rely upon any statement or content on our Services, or that is otherwise attributed to us, as a recommendation, advice, or guidance regarding trades, investments, tax, or any other similar issues. We also are not acting as your bank, broker, intermediary, agent, advisor, or as your fiduciary in any capacity, including with respect to the services.
Nothing in these Terms will be deemed to or is intended to be deemed to, nor will it, cause you and us to be treated as partners, joint venturers, or otherwise as joint associates for profit.
California Residents.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Severability.
You agree and understand that if any provision of these Terms, or application thereof, shall be determined to be invalid or unenforceable under any rule, law, or regulation or by any governmental judicial, legislative or administrative body, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law. You further agree and understand that the validity of or enforceability of any other provision of these Terms unaffected by such invalidity or unenforceability (or of such provision, to the extent its application is not invalid or unenforceable) shall remain in full force and effect.
Survival.
All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by you or us. Termination won't limit any of our rights or remedies at law or equity.
Entire Agreement.
These Terms are the entire agreement between you and us, and supersede all prior and contemporaneous understandings between you and us about our Services and the Kraken Sequencer. These Terms include all applicable Annexes hereto.
How to Contact Us.
You may contact us regarding the Services, the Kraken Sequencer or these Terms.