1. Acceptance of Terms and who we are
Welcome to Stables. Thank you for choosing us as your platform of choice!
The “Stables Group” is powered by a number of companies throughout the world.
These Terms of Use (these "Terms") describe the terms and conditions by which you may access and/or use our website(s), including any successor URL(s), and any and all related software, documentation, and online, mobile-enabled, and/or digital services (collectively, the "Service") provided by Stables (including its successors and assigns, "Stables," "we," "our," or "us"). By accessing and/or using the Service, or by clicking a button or checking a box marked "I Agree" (or something similar), you signify that you have read, understood, and agree to be bound by these Terms, and you acknowledge that you have read and understood our Privacy Notice. We reserve the right to modify these Terms, and we will provide notice of material changes as described below. These Terms apply to all visitors and users of the Service, and to all others who access the Service (collectively, "Users," and, as applicable to you, "you" or "your").
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 15.2 (THE "ARBITRATION AGREEMENT") AND A CLASS ACTION WAIVER PROVISION IN SECTION 15.3 (THE "CLASS ACTION WAIVER") THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN THE ARBITRATION AGREEMENT, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (AS DEFINED BELOW), YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.
1. How We Administer the Service
1.1 Eligibility
This is a contract between you and Stables. You must read and agree to these Terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a legally binding contract with us, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations ("Applicable Law"). Without limiting the generality of the foregoing, any access to, or use of, the Service by anyone who is a minor (under the age of 18 in most jurisdictions) in any applicable jurisdiction (a "Minor") is strictly prohibited and in violation of these Terms, unless such access and/or use is supervised by a parent or legal guardian ("Parent") who: (a) has read and understands these Terms; (b) approves all rights granted, and all obligations undertaken, by the Minor hereunder; and (c) agrees to be bound by these Terms. The Service is not available to any Users we previously removed from the Service.
1.2 User Accounts
1.2.1 Your User Account
Your account on the Service (your "User Account") gives you access to certain services and functionalities that we may, in our sole discretion, establish and maintain as part of the Service from time to time. You acknowledge that, notwithstanding anything to the contrary herein, you do not own your User Account, nor do you possess any rights to data stored by or on behalf of Stables on the servers running the Service. We may maintain different types of User Accounts for different types of Users.
1.2.2 Organizational Accounts
An individual may access and/or use the Service on behalf of a company or other entity, such as that individual's employer (such entity, an "Organization"). In such cases: (i) these Terms are an agreement between us and such individual, and us and that Organization; (ii) "you" means such individual and the Organization on behalf of the Organization and its subsidiaries, affiliates, directors, officers, employees, contractors, agents, and other representatives who access and/or use the Service (collectively, "Org Users"); (iii) such individual represents and warrants to having the authority to bind that Organization to these Terms; (iv) such individual's acceptance of these Terms will bind that Organization; (v) we may disclose information regarding such individual's access and use of the Service to that Organization; (vi) that Organization will make all Org Users aware of these Terms' provisions and will cause each Org User to comply with such provisions; and (vii) that Organization will be solely responsible and liable for all acts and omissions of the Org Users.
1.2.3 Connecting Via Third-Party Services
By connecting to the Service via a Third-Party Service (as defined in Section 8.1), you give us permission to access and use your information from that service, as permitted by that service, and to store your log-in credentials and/or access tokens for that service. To use any such features, you must authorize the connection in the manner described by Stables, which may include providing account credentials, an API key, or another method of authorization. By providing such authorization, you grant Stables authority to access, use, and store the information, data, and content made available by that Third-Party Service.
1.2.4 Account Security
You may never use another User's User Account without such User's permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you will keep your User Account password(s) and/or any other authentication credentials secure. We encourage you to use "strong" passwords that use a combination of upper- and lower-case letters, numbers, and symbols. We will not be liable for any losses caused by any unauthorized use of your User Account. You will notify us immediately of any breach of security or unauthorized use of your User Account.
1.2.5 Account Settings
You may control certain aspects of your User Account and any associated User profile, and of the way you interact with the Service, by changing the settings in your settings page. By providing us with your email address, you consent to our using that email address to send you Service-related notices, including any notices required by Applicable Law. We may also use that email address to send you other messages, including marketing and advertising messages (collectively, "Marketing Emails"). If you do not want to receive Marketing Emails, you may opt out by contacting the support team at team@stables.money or by clicking on the "unsubscribe" link within a Marketing Email. Opting out will not prevent you from receiving Service-related notices.
1.3 Changes, Suspension, and Termination
You mayde-activate your User Account at any time. We may, with or without priornotice, change the Service, stop providing the Service or features of theService to you or to Users generally, or create usage limits for the Service.We may, with or without prior notice, permanently terminate or temporarilysuspend your access to your User Account and/or the Service without liability,with or without cause, and for any or no reason, including if, in our soledetermination, you violate any provision of these Terms or any applicable lawor regulation. Upon termination for any reason, you continue to be bound bythese Terms.
We may ask you for information about the financial institution orother provider of your cryptocurrency wallet. We reserve the right to cancel orreverse purchase orders if you use a self-directed cryptocurrency wallet or ifour financial partners require us to do so.7.1. In connection with your use of the Platform / App and services and by opening an Account, you confirm that you will not participate in Restricted Activities.
1.4 Your Interactions with Other Users
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS, INCLUDING SHARING OF INFORMATION, WITH OTHER USERS. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. WE EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM YOUR INTERACTIONS WITH OTHER USERS, AND FOR ANY USER'S ACTION OR INACTION, INCLUDING RELATING TO USER CONTENT (AS DEFINED BELOW).
2. Access to the Service; Service Restrictions
2.1 Access to the Service
Subject to your compliance with these Terms and any documentation we may make available to you, you are hereby granted a non-exclusive, limited, non-transferable, and freely revocable right to access and use the Service, solely for your personal use or internal business purposes, as applicable, strictly as permitted by the features of the Service. We may terminate the license granted in this Section at any time, for any reason or no reason. We reserve all rights not expressly granted herein in and to the Service.
2.2 Restrictions and Acceptable Use
Except to theextent a restriction is prohibited by Applicable Law, you will not do, and willnot assist, permit, or enable any third party to do, any of the following:
2.2.1 Disassembly and Reverse Engineering
You will notdisassemble, reverse engineer, decode, or decompile any part of the Service.
2.2.2 Automated Access
You will not use any robot, spider, scraper, off-line reader, data mining tool, data gathering or extraction tool, or any other automated means to access the Service in a manner that sends more request messages to the servers running the Service than a human can reasonably produce in the same period of time by using a conventional on-line web browser.
2.2.3 AI Training and Machine Learning
You will not use any content available on or via the Service (including any caption information, keywords, or other metadata) for any machine learning and/or artificial intelligence training or development purposes, or for any technologies designed or intended for the identification of natural persons.
2.2.4 API Key Restrictions
You will not buy, sell or transfer API keys without our prior written consent in each case.
2.2.5 No Unauthorized Distribution
You will not copy, rent, lease, sell, loan, transfer, assign, license or purport to sublicense, resell, distribute, modify, alter, or create derivative works of any part of the Service or any of our Intellectual Property (as defined below), including without limitation by any automated or non-automated "scraping".
2.2.6 Service Stability
You will not use the Service in any manner that impacts (i) the stability of the servers running the Service, (ii) the operation or performance of the Service or any User's use of the Service, or (iii) the behavior of other applications that use the Service.
2.2.7 Infrastructure Load
You will not take any action that imposes, or may impose (as determined by us, in our sole discretion), an unreasonable or disproportionately large load on our infrastructure.
2.2.8 Prohibited Uses
You will not use the Service in any manner or for any purpose that (i) violates, or promotes the violation of, any Applicable Law, contractual obligation, or right of any person, including Intellectual Property Rights, privacy rights, and/or rights of personality, (ii) is fraudulent, false, deceptive, or defamatory, (iii) promotes hatred, violence, or harm against any individual or group, or (iv) otherwise may be harmful or objectionable to us, our providers, our suppliers, Users, or any other third party.
2.2.9 Competitive Use
You will not use or display the Service in competition with us, to develop competing products or services, for benchmarking or competitive analysis of the Service, or otherwise to our detriment or disadvantage.
2.2.10 Unauthorized Access Methods
You will not access any content available on or via the Service through any technology or means other than those provided by the Service or authorized by us.
2.2.11 Circumvention
You will not bypass the measures we may use to prevent or restrict access to the Service, including features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service or any portion thereof.
2.2.12 Security Interference
You will not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running the Service.
2.2.13 Spam and Unsolicited Communications
You will not use the Service to transmit spam, chain letters, or other unsolicited email.
2.2.14 Commercial Solicitation
You will not use the Service for any commercial solicitation purposes.
2.2.15 Malicious Code
You will nottransmit invalid data, viruses, worms, or other software agents through theService.
2.2.16 Impersonation and Fraud
You will not impersonate another person or entity, misrepresent your affiliation with aperson or entity, hide or attempt to hide your identity, or otherwise use the Service for any invasive or fraudulent purpose.
2.2.17 Personal Information Harvesting
You will not collect or harvest any personal information, including Users' names, from the Service.
2.2.18 Unauthorized Endorsement
You will not identify or refer to us or to the Service in a manner that could reasonably imply a relationship that involves endorsement, affiliation, or sponsorship between you (or a third party) and us without our prior express written consent.
3. User Grants, Covenants, Representations and Warranties
3.1 Ownership of User Content
As between us and you, you (or your licensors) will own any and all information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly, from you (or on your behalf) by or through the Service ("User Content"). For an organizational account, we may assume, in our sole discretion, that all of your User Content belongs to that Organization.
3.2 License Grants
By providing or sharing your User Content and Output through the Service, you agree to allow others to view, edit, share, and/or interact with your User Content and Output in accordance with your settings and these Terms. You agree to mark any sensitive or proprietary content as confidential prior to making such content available to any other User. We have the right (but not the obligation) in our sole discretion to remove any of your User Content or Output that is shared via the Service. You hereby grant each User within your Organization a non-exclusive license to access your User Content and Output through the Service, and to use, reproduce, distribute, display and perform your User Content and Output. You further grant to us, under all of your Intellectual Property Rights, an irrevocable, perpetual, transferable, sublicensable, fully paid, royalty-free, and worldwide right and license to use, copy, store, modify, distribute, reproduce, publish, make derivative works of, and display your User Content and Output: (a) to maintain and provide the Service; (b) to improve our products and the Service; and (c) to perform such other actions as described in our Privacy Notice or as authorized by you.
3.3 Representations and Warranties
You affirm,represent, and warrant the following:
3.3.1 Consent for Identifiable Persons You have the written consent of each and every identifiable natural person referred to or mentioned in the User Content, if any, to use such person's name, voice, and likeness in the manner contemplated by the Service and these Terms, and each such person has released you from any liability that may arise in relation to such use.
3.3.2 Third-Party Consents You have obtained, and are solely responsible for obtaining, all consents required by Applicable Law to provide User Content relating to third parties.
3.3.3 Compliance with Laws Your User Content and Output and our use thereof as contemplated by these Terms and the Service will not violate any Applicable Law or infringe any rights of any third party, including any Intellectual Property Rights and privacy rights.
3.3.4 No Classified Information Your User Content does not include any information or material that a governmental body deems to be sensitive or classified information, and your provision of User Content in connection with the Service is not violative of any confidentiality rights of any third party.
3.3.5 No Payment Obligations 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.
3.3.6 No Children's Information You will not upload or make available through the Service, either directly or by other means, any personal information of children under 13 or the applicable age of digital consent.
3.3.7 Content Standards 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.
3.3.8 Truthfulness and Accurac yTo the best of your knowledge, all User Content and other information that you provide to us is truthful and accurate.
3.4 Disclaimer Regarding User Content
WE CLAIM NO OWNERSHIP RIGHTS OVER YOUR USER CONTENT. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY USER CONTENT. YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND THE CONSEQUENCES OF SUBMITTING, POSTING, DISPLAYING, PROVIDING, SHARING, OR OTHERWISE MAKING IT AVAILABLE ON OR THROUGH THE SERVICE, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT WE ARE ACTING ONLY AS A PASSIVE CONDUIT FOR YOUR ONLINE DISTRIBUTION AND PUBLICATION OF YOUR USER CONTENT.
4. Intellectual Property
4.1 Intellectual Property Rights Definition For the purposes of these Terms, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of personality, trademark, trade dress and service mark rights, goodwill, trade secret rights, and any and all other intellectual property rights and proprietary rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals, and extensions thereof, under Applicable Law.
4.2 Stables Intellectual Property You understand and acknowledge that we (or our licensors, as applicable) own and will continue to own all rights (including Intellectual Property Rights), title, and interest in and to the Service, all materials and content displayed or otherwise made available on and/or through the Service (excluding your User Content), and all software, algorithms, code, technology, and intellectual property underlying and/or included in or with the Service (collectively and individually, "Intellectual Property"). Except as may be explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such Intellectual Property Rights, and you will not access, sell, license, rent, modify, distribute, copy, reproduce, transmit, display, perform, publish, adapt, edit, or create derivative works of any Intellectual Property. Use of any Intellectual Property for any purpose not expressly permitted by these Terms is strictly prohibited.
4.3 Output To the extent any output is provided via the Service, subject to your compliance with these Terms, you may use your output of the Service ("Output") for any lawful purpose on a royalty-free basis, provided that you acknowledge and agree: (a) that your use of the Service and the Output does not transfer to you ownership of any Intellectual Property Rights in the Service; and (b) that we may, by notice to you at any time, limit your use of the Output or require you to cease using them if we form the view, in our sole and absolute discretion, that your use of the Output may infringe the rights of any third party. You shall not represent that Output was human-generated or use the Output to train your own machine learning models.
DUE TO THE NATURE OF MACHINE LEARNING, THE OUTPUT MAY NOT BE UNIQUE ACROSS USERS AND THE SERVICE MAY GENERATE THE SAME OR SIMILAR OUTPUT FOR OTHER USERS. USE OF THE SERVICE MAY RESULT IN INCORRECT OUTPUT THAT DOES NOT ACCURATELY REFLECT REALITY. YOU MUST EVALUATE THE ACCURACY OF ANY OUTPUT AS APPROPRIATE FOR YOUR USE CASE, INCLUDING BY USING HUMAN REVIEW OF THE OUTPUT. YOU UNDERSTAND AND AGREE THAT THE OUTPUT MAY CONTAIN "HALLUCINATIONS" AND MAY BE INACCURATE, OBJECTIONABLE, INAPPROPRIATE, OR OTHERWISE UNSUITED TO YOUR PURPOSE, AND YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY THIRD PARTY ALLEGES TO INCUR AS A RESULT OF OR RELATING TO ANY OUTPUT OR OTHER CONTENT GENERATED BY OR ACCESSED ON OR THROUGH THE SERVICE.
4.4 Usage Data We may collect, or you may provide to us, diagnostic, technical, usage, and/or related information, including information about your computers, mobile devices, systems, and software (collectively, "Usage Data"). All Usage Data is and will be owned solely and exclusively by us, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to us all rights (including Intellectual Property Rights), title, and interest in and to same. Accordingly, we may use, maintain, and/or process the Usage Data or any portion thereof for any lawful purpose, including: (a) to provide and maintain the Service; (b) to improve our products and services; (c) to monitor your usage of the Service; (d) for research and analytics; and (e) to share analytics and other derived Usage Data with third parties, solely in de-identified or aggregated form.
4.5 Feedback To the extent you provide us any suggestions, recommendations, or other feedback relating to the Service or to any other Stables products or services (collectively, "Feedback"), you hereby assign to us all rights (including Intellectual Property Rights), title, and interest in and to the Feedback. Accordingly, we are free to use the Feedback and any ideas, know-how, concepts, techniques, and/or other intellectual property contained in the Feedback, without providing any attribution or compensation to you or to any third party, for any purpose whatsoever. Feedback is deemed our Confidential Information (as defined below).
5. Confidential Information
The Service may include non-public, proprietary, or confidential information of Stables and/or of other Users ("Confidential Information"). Confidential Information includes any information that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology, and marketing information. You will: (a) protect and safeguard the confidentiality of all Confidential Information with at least the same degree of care as you would use to protect your own highly sensitive confidential information, but in no event with less than a reasonable degree of care; (b) not use any Confidential Information for any purpose other than to exercise your rights, or to perform your obligations, under these Terms; and (c) not disclose any Confidential Information to any person or entity, except your service providers or financial or legal advisors who need to know the Confidential Information and are bound by non-use and non-disclosure restrictions at least as restrictive as those set forth in this Section.
6. Our Publicity Rights
Stables may identify you and use your name and logo in Stables' marketing materials and on its website. We will promptly stop doing so upon receipt of your request sent to team@stables.money.
7. Text Messaging and Calls
7.1 General You may provide us with your telephone number as part of creating your User Account or otherwise. By providing a telephone number, you consent to receiving autodialed or prerecorded calls and/or text messages from us, or on our behalf, at such telephone number. We may place such calls or send such texts to (a) help keep your User Account secure through the use of multi-factor authentication ("MFA"); (b) help you access your User Account if you are experiencing difficulties; and/or (c) as otherwise necessary to service your account or enforce these Terms, our policies, Applicable Law, or any other agreement we may have with you.
7.2 Consent to Transactional Communications You expressly consent and agree to Stables contacting you using written, electronic, and/or verbal means, including emails, prerecorded/artificial voice messages, and/or using an automatic telephone dialing system to call or text your mobile/cellular telephone number, as necessary to complete transactions requested by you and to service your account, and as permitted by Applicable Law. Message and data rates apply. The text messages described in this paragraph are transactional text messages, not promotional text messages.
7.3 Consent to Promotional Messages We offer you the chance to enroll to receive recurring SMS/text messages from Stables. You may enroll to receive text messages about account-related news and alerts and/or promotional offers and marketing related to Stables products and/or services. By enrolling in Stables' SMS/text messaging service, you agree to receive text messages from Stables to the mobile phone number provided by you, and you certify that such mobile number is true and accurate and that you are authorized to enroll such mobile number to receive such texts. Message and data rates apply. Consent is not required as a condition of purchase.
7.4 Unsubscribing From Promotional Messages You may opt out from promotional text messages at any time. To unsubscribe, text "STOP," "QUIT," "END," "CANCEL," or "UNSUBSCRIBE" to the number from which the text originated, or reply with one of those words to any promotional text message you receive from Stables. For help, text "HELP" to the number from which the text originated or contact us at team@stables.money.
8. Your Use of Third-Party Services
8.1 Third-Party Services THE SERVICE MAY CONTAIN LINKS TO THIRD-PARTY SITES, MATERIALS, AND/OR SERVICES (COLLECTIVELY, "THIRD-PARTY SERVICES") THAT ARE NOT OWNED OR CONTROLLED BY US, AND CERTAIN FUNCTIONALITIES OF THE SERVICE MAY REQUIRE YOUR USE OF THIRD-PARTY SERVICES. IF YOU USE A THIRD-PARTY SERVICE IN CONNECTION WITH THE SERVICE, YOU ARE SUBJECT TO AND AGREE TO, AND MUST COMPLY WITH, THE THIRD PARTY'S TERMS AND CONDITIONS. WE DO NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY THIRD-PARTY SERVICES. IF YOU ACCESS A THIRD-PARTY SERVICE FROM THE SERVICE OR SHARE YOUR USER CONTENT OR OUTPUT ON OR THROUGH 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 ANY THIRD-PARTY SERVICE. YOU EXPRESSLY RELIEVE US FROM ANY AND ALL LIABILITY ARISING FROM YOUR ACCESS TO AND/OR USE OF ANY THIRD-PARTY SERVICE. YOU, AND NOT STABLES, ARE RESPONSIBLE FOR ALL FEES AND CHARGES ASSOCIATED WITH YOUR USE OF ANY THIRD-PARTY SERVICES UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. STABLES RESERVES THE RIGHT TO CHANGE, SUSPEND, REMOVE, DISABLE, OR IMPOSE ACCESS RESTRICTIONS OR LIMITS ON THE USE OF ANY THIRD-PARTY SERVICE AT ANY TIME WITH OR WITHOUT PRIOR NOTICE.8.2 Third-Party TransactionsThe Service may include features that act as an interface to allow you to facilitate transactions, such as the sale of digital assets, including stablecoins, or the sending and receiving of payments in multiple different national currencies, that are executed by or through Third-Party Services ("Third-Party Transactions"). You acknowledge and agree as a condition for conducting any Third-Party Transactions:
8.2.1 Stables's Role Stables's role is strictly limited to providing the technology interface for you to initiate such transactions and, accordingly, (i) Stables is not a party to any Third-Party Transaction, does not act as a broker, exchange, money transmitter, payment processor, or creditor, (ii) does not have custody or control over any funds, digital assets, or payment transactions, (iii) all such transactions are conducted and executed exclusively by third-party providers, and (iv) Stables makes no representations or warranties regarding whether such third-party providers have obtained any necessary governmental license or authorization to provide Third-Party Transactions or services.8.2.2 Your ResponsibilityYou are solely responsible for any and all Third-Party Transactions initiated thereby through the Service, including: (i) complying with the terms and conditions of the applicable Third-Party Service; (ii) ensuring the accuracy and completeness of all instructions you provide, including any wallet addresses, recipients, transaction amounts, or other required information; (iii) reviewing and ensuring the accuracy of Third-Party Transactions proposed by a Third-Party Service prior to execution; (iv) paying all fees that may be charged by or through the applicable Third-Party Service (including "gas" fees); and (v) complying with all applicable laws and regulations governing the Third-Party Transaction.
8.2.3 Limitation of Liability Stables shall not be liable for any losses, damages, or claims arising from Third-Party Transactions, including but not limited to (i) any failure, delay, error, or pricing slippage in transaction execution; (ii) any security breach or loss of funds experienced on the third-party platform; (iii) any software, hardware, or network failures of the third-party provider; (iv) errors in Third-Party Transaction data caused by third-party provider software, hardware, or networks; or (v) any actions or inactions of the third-party provider. All digital asset transactions may be irreversible, and losses due to erroneous, fraudulent, or accidental Third-Party Transactions may not be recoverable.
9. Release
You hereby release us from all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses, in each case of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including any other User) in connection with the Service.
10. Indemnity
You will defend, indemnify, and hold us and our subsidiaries and affiliates, and our and their respective agents, suppliers, licensors, employees, contractors, officers, and directors (collectively, including Stables, the "Stables Indemnitees") harmless from and against any and all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, legal fees) arising from: (a) your access to and/or use of the Service, including your use of Output; (b) your violation of any term of these Terms, including your breach of any of your representations and warranties set forth in these Terms; (c) your violation of any third-party right, including any privacy right or Intellectual Property Right; (d) your violation of any Applicable Law; (e) User Content or any content that is submitted via your User Account, including any misleading, false, or inaccurate information; (f) your willful misconduct; or (g) any third party's access to and/or use of the Service with your username(s), password(s), or other authentication credential(s).
11. No Professional Advice
The content provided through or in connection with the Service is designed to provide practical and useful information on the subject matter(s) covered. While such content may concern issues related to professional services, such content is not professional services advice. You should not act or refrain from acting on the basis of any content that is included on the site(s) and/or the app(s) or that is otherwise obtained in connection with the Service without seeking the advice of a professional who is licensed and/or qualified in the applicable subject matter(s). We expressly disclaim all liability in respect of actions taken or not taken based on any content obtained in connection with the Service.
12. No Warranty; Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE INTELLECTUAL PROPERTY, AND ANY OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NONE OF THE STABLES INDEMNITEES WARRANTS THAT ANY CONTENT OR ANY OTHER INFORMATION CONTAINED IN, OR AVAILABLE VIA, THE SERVICE IS ACCURATE, COMPREHENSIVE, RELIABLE, USEFUL, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.FURTHER, STABLES DOES NOT WARRANT, ENDORSE, GUARANTEE, RECOMMEND, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND STABLES WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY STABLES INDEMNITEE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE OR ANY PORTION THEREOF. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE OR YOUR USER ACCOUNT OR THE INFORMATION CONTAINED THEREIN.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS RUNNING THE SERVICE AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; OR (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.IN NO EVENT WILL ANY STABLES INDEMNITEE BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR ONE HUNDRED U.S. DOLLARS (USD $100.00), WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
14. Assumption of Risk
By utilizing or interacting with the Service in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you understand the usage and intricacies of crypto digital wallets, and the risks associated with using native cryptographic tokens and other blockchain-based software systems.By using the Service, you understand that: (a) Stables is not responsible for the operation of the underlying software and networks facilitating any transactions; (b) there exists no guarantee of functionality, security, or availability of the underlying software or networks; (c) the underlying protocols are subject to sudden changes in operating rules which may materially affect the Service; (d) Stables may decide, in its sole discretion, not to support (or cease supporting) certain blockchain networks entirely; and (e) Stables assumes absolutely no responsibility whatsoever in respect of any underlying software protocols. You hereby irrevocably waive, release, and discharge all claims, whether known or unknown to you, against us, our affiliates and their respective shareholders, members, directors, officers, employees, agents, and representatives related to any of the risks set forth in these Terms.You further understand that the markets for digital assets are highly volatile due to factors including but not limited to adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets may lose some or all their value. You understand that anyone can create a token, including fake versions of existing tokens, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. We are not responsible for any of these variables or risks and cannot be held liable for any resulting losses that you experience while accessing or using the Service.
15. Governing Law, Arbitration, and Class Action Waiver
By utilizing or interacting with the Service in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you understand the usage and intricacies of crypto digital wallets, and the risks associated with using native cryptographic tokens and other blockchain-based software systems.By using the Service, you understand that: (a) Stables is not responsible for the operation of the underlying software and networks facilitating any transactions; (b) there exists no guarantee of functionality, security, or availability of the underlying software or networks; (c) the underlying protocols are subject to sudden changes in operating rules which may materially affect the Service; (d) Stables may decide, in its sole discretion, not to support (or cease supporting) certain blockchain networks entirely; and (e) Stables assumes absolutely no responsibility whatsoever in respect of any underlying software protocols. You hereby irrevocably waive, release, and discharge all claims, whether known or unknown to you, against us, our affiliates and their respective shareholders, members, directors, officers, employees, agents, and representatives related to any of the risks set forth in these Terms.You further understand that the markets for digital assets are highly volatile due to factors including but not limited to adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets may lose some or all their value. You understand that anyone can create a token, including fake versions of existing tokens, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. We are not responsible for any of these variables or risks and cannot be held liable for any resulting losses that you experience while accessing or using the Service.
16. Export Controls
You understand and acknowledge that the Service may be subject to export control laws and regulations. You will comply with all applicable import and export and re-export control and trade and economic sanctions laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations maintained by the U.S. State Department. You represent and warrant that you are not, and that no person to whom you make the Service available is, (a) listed on the List of Specially Designated Nationals and Blocked Persons or on any other list of sanctioned, prohibited, or restricted parties administered by OFAC or by any other governmental entity; or (b) located in, a national or resident of, or a segment of the government of, any country or territory for which the United States maintains trade or economic sanctions or embargoes.
18. General Provisions
18.1 Assignment
These Terms,and any rights and licenses granted here under, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violationhereof will be null and void.
18.2 Notification Procedures and Changes to these Terms
We may provide notifications to you via email notice, written or hard copy notice, or through posting of such notice on the Service, as we determine in our sole discretion. We may, in our sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the date at the top of this page and notify you that material changes have been made. Your continued use of the Service after any change to these Terms constitutes your acceptance of the new Terms of Use. If you do not agree to any part of these Terms or to any future Terms of Use, do not access or use (or continue to access or use) the Service.
18.3 Entire Agreement; Severability
These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Service, will constitute the entire agreement between you and us concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.
18.4 No Waiver
No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
18.5 Contact
The provider of the Service is Stables. If you have any questions about these Terms and/or the Service, please contact us at team@stables.money.