Terms of Use
Last updated
Agreement to Terms
These Terms of Use constitute a legally binding agreement between you and P2P Staking concerning your access to and use of https://p2p.org/ website and associated domains (the "Site") as well as any other media form, media channel, mobile website, applications, digital services, validation services, or other types of Services provided (collectively, the "Services").
By using the Site and/or Services, you agree to these Terms. P2P Staking reserves the right to amend these Terms at any time. Your continued use following updates means you accept the changes. P2P Staking grants you a personal, non-exclusive, non-transferable, limited privilege to use the Site and Services, provided you comply with these Terms.
Definitions
2.1 "Blockchain" means a distributed digital ledger not under control of a single entity where accounts cannot be manipulated without a user's private key.
2.2 "Cryptocurrency" or "Cryptocurrencies" refers to distributed, decentralized peer-to-peer digital currencies tracked by a Blockchain.
2.3 "User Data" means all data, files, and information you provide to P2P Staking while using Services. You are solely responsible for all data you transmit. P2P has no liability for loss or corruption of your data, and you waive any right of action against P2P for such loss. Information posted to public Blockchains is accessible to the public with no confidentiality guarantee.
2.4 "User Funds" means Cryptocurrencies controlled by you, non-custodially delegated to P2P Staking for Validation or deemed as such per applicable Part of Services terms.
2.5 "Validator Rewards" means all Cryptocurrency generated by operating validator nodes, including block rewards, endorser rewards, transaction fees, and other direct payments from operating a Validator Node.
2.6 "Third-Party Smart Contract Providers" means any third party that deployed a smart contract on Blockchain and/or can modify its parameters or functionality.
2.7 "P2P Fees" means fees charged by P2P Staking for Services or Parts of Services.
Our Responsibilities
3.1 Validation
P2P Staking operates Validator Nodes supporting decentralized functioning of various Blockchains. P2P Staking maintains all necessary hardware, software, connectivity, technological infrastructure, management, supervision, and other requirements for proper Validator Node deployment.
3.2 Transaction Preparation
P2P may prepare transactions required to perform Services for your subsequent signature and submission. Such transactions may include all data necessary to carry out the relevant Service, considering its specific technical characteristics.
3.3 Support
P2P aims to provide quality and timely support for each Service. You can email [email protected] with questions or technical issues for assistance.
3.4 Other Parts of the Services
P2P may have other responsibilities pertaining to specific Parts of Services described in corresponding applicable terms.
3.4.1 Withdrawals
You may terminate Services by initiating a withdrawal. Since Services are non-custodial, any withdrawal must be performed by you. In some cases, withdrawal functionality may be available via P2P's interface to assist you. P2P does not warrant this functionality will always be available. When unavailable, you are solely responsible for performing withdrawal, including preparing and submitting necessary transactions.
Any withdrawal may require time and may be subject to applicable lock-up periods or protocol-level restrictions imposed by relevant Blockchain or smart contracts. You agree to allow reasonable time for such processes.
3.4.2 Transaction Preparation Services
P2P may provide technical services generating unsigned blockchain transaction data at your request ("Transaction Preparation Services"). Such services are provided solely as technical convenience. P2P does not sign, submit, broadcast, or execute any transaction on your behalf and has no access to your private keys or credentials.
You acknowledge and agree that:
(a) using Transaction Preparation Services is optional at your sole discretion;
(b) you are solely responsible for reviewing, verifying, and validating each transaction before signing, including all parameters, recipients, amounts, fees, and associated smart contract logic;
(c) by signing a transaction, you independently authorize and approve it, regardless of how transaction data was generated;
(d) P2P provides no warranty that generated transaction data is accurate, complete, secure, or suitable for your intended purpose.
3.5 P2P Fees
P2P may charge P2P Fees in connection with performing Services or Parts of Services, as well as other responsibilities per these Terms. Applicable fees will be made available through P2P's interface or Site. You agree P2P may establish fees through relevant smart contracts or other blockchain-based mechanisms, with fees automatically deducted from Validator Rewards or other amounts at predefined intervals or at transaction time.
Your Responsibilities
4.1 General Responsibilities
You agree to use Services in accordance with these Terms, applicable law, and any applicable usage policies or technical requirements published by P2P. You are solely responsible for ensuring your Service use is lawful, technically compatible, and does not interfere with, impair, or burden Services or underlying blockchain networks functionality, security, or reliability.
You acknowledge and agree that transaction execution may require payment of certain fees (such as gas fees), and you are solely responsible for covering any such fees incurred.
You further agree that when signing and submitting transactions, you must exercise due care in entering all data, including addresses for Validator Rewards or Withdrawals, as mistakes may result in irreversible fund loss to incorrect addresses.
4.2 Delegation Decisions
You have sole discretion regarding whether and how much Cryptocurrency will be designated to Validator Nodes. As is Blockchain nature, you are in full control of designating Cryptocurrencies and must monitor operations and relevant developments for responsible designation.
4.3 Taxes and Other Legal Obligations
You are responsible for paying any taxes related to your Cryptocurrencies, including appreciation in value, capital gains, general income (including Validator Rewards), or any other taxable income. You also agree not to use Services in any illegal manner or support illegal activity, and to comply with any other applicable laws or regulations regarding Blockchain and Cryptocurrency use.
4.4 Malicious Behavior
You will not take actions that may harm P2P systems or interfere with P2P's ability to provide Services to you or others, except as permitted by these Terms, P2P systems, or P2P's written or verbal instructions. Any attempt at unauthorized use of P2P's private keys, interference with P2P's technical equipment and hardware functionality (such as malware or DDoS attacks), or other malicious behavior is strictly prohibited.
4.5 Typical Risk of Blockchains and Cryptocurrencies
Your Blockchain use is subject to risks and limitations associated with that Blockchain, including but not limited to fifty-one percent (51%) attacks, slashing, mis-addressed transactions, Sybil attacks, eclipse attacks, compromised private keys, or core-level vulnerabilities. Additionally, your use of any payment method, including any Cryptocurrency, is at your own risk and subject to such payment services' terms, conditions, and policies. You agree to hold P2P Staking unaccountable for these risks and waive your right to litigate, arbitrate, mediate, or otherwise bring any claim against P2P Staking for injuries suffered due to Blockchain network or Services use.
PLEASE NOTE: Specific Parts of Services may be associated with additional risks described in corresponding terms relating to such Parts.
4.6 Representations and Warranties
You represent and warrant that:
a. You have legal capacity and agree to comply with these Terms;
b. Entering this Agreement will not constitute a breach or violation of any other contract or agreement binding you;
c. You will not use Services for any illegal or unauthorized purpose, and your Service use will not violate any applicable law or regulation;
d. You are at least 18 years of age.
Intellectual Property
5.1 Ownership of Intellectual Property
Unless otherwise indicated, the Site, Services, and Parts of Services are proprietary property of P2P Staking. All source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics on the Site, and trademarks, Service marks, and logos contained therein (collectively, the "Content" and "Marks") are owned or controlled by P2P or licensed to P2P and are protected by copyright and trademark laws.
5.2 Use of Open-Source Code and Content
Any code or property provided as "open-source" is subject to rights and restrictions outlined in the accompanying license. Content and Marks are provided on the Site or via Services or Parts of Services "AS IS" for your informational and personal use only. Except as expressly provided in these Terms, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without P2P's express prior written permission.
5.3 Limited Access
Provided you are eligible to use the Site and Services or Parts of Services, you are granted limited access to enter and use the Site and download or print any portion of Content to which you have properly gained access solely for your personal, non-commercial use. P2P reserves all rights not expressly granted to you in and to the Site, Services, Parts of Services, Content, and Marks.
5.4 Feedback and Suggestions
Any questions, comments, suggestions, ideas, feedback, or other content you submit to P2P, whether in connection with the Site, Services, or any Part of Services (collectively, "Submissions"), shall be deemed non-confidential and shall become P2P's sole and exclusive property.
You hereby irrevocably assign all intellectual property rights in such Submissions to P2P and waive any moral rights you may have. You represent and warrant that (a) Submissions are original to you or you have full rights to submit them, and (b) your Submissions do not infringe any third party's rights.
P2P shall have the unrestricted, perpetual right to use, commercialize, reproduce, disclose, or otherwise exploit such Submissions for any lawful purpose without acknowledgment or compensation to you. You waive any claim or recourse against P2P for any use or alleged misuse of Submissions.
Third Party Websites and Content
6.1 Third-Party Services
Services may enable access to or interaction with external systems, components, websites, software, smart contracts, or protocols operated by third parties ("Third-Party Services"), whether via links, embedded tools, widgets, APIs, or integrations. P2P does not endorse, monitor, or control any Third-Party Services and shall not be liable for their content, availability, security, or legal compliance. Your interaction with such services is at your sole discretion and risk.
6.2 Disclaimer of Liability
P2P Staking has no control over and assumes no responsibility for the content, privacy policies, or practices of any Third-Party Services. You further acknowledge and agree that P2P Staking shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
For the avoidance of doubt, Third-Party Services include, but are not limited to:
- Any third-party promotions in which you may choose to participate;
- Any services from third-party providers you choose to use in addition to P2P Services, including those accessible through P2P's Site;
- For example, MEV technology (hereinafter referred to as "MEV"). MEV INCLUDES, AMONG OTHER THINGS, MEV RELAYS, WHICH OFFER BLOCKS FOR SIGNING. BY USING THIS FEATURE, YOU AUTHORIZE US TO INTERACT WITH MEV RELAYS ON YOUR BEHALF AND ASSUME FULL RESPONSIBILITY FOR THEIR OPERATIONS AND OUTCOMES;
- Any services from Third-Party Smart Contract Providers;
- Any interfaces, software, websites, or protocols provided by any third parties.
6.3 Third-Party Terms and Policies
P2P strongly advises you to review the terms and conditions and privacy policies of any third-party websites or services that you visit or use.
Site and Services Management
P2P reserves the right, but not the obligation, to:
a. Monitor the Site and Services for violations of these Terms;
b. Take appropriate legal action against anyone who, in P2P's sole discretion, violates the law or these Terms, including reporting such users to law enforcement authorities;
c. In P2P's sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Submissions or any portion thereof;
d. Remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to P2P systems;
e. Otherwise manage the Site and Services in a manner designed to protect P2P's rights and property and to facilitate the proper functioning of the Site and Services.
Modifications and Interruptions
8.1 Modifications
P2P reserves the right to change, modify, or remove Site contents at any time or for any reason, at P2P's sole discretion, without notice. However, P2P has no obligation to update any information on its Site. P2P also reserves the right to modify or discontinue Services or Parts of Services without notice at any time. P2P shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or P2P Services.
8.2 Interruptions
P2P cannot guarantee that the Site, Services, or Parts of Services will be available at all times. P2P may experience hardware, software, or other problems, or need to perform maintenance related to the Site, Services, or Parts of Services resulting in interruptions, delays, or errors. P2P reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Site, Services, or Parts of Services at any time or for any reason without notice to you. You agree that P2P shall not be liable for any loss, damage, or inconvenience caused by your inability to access or use the Site, Services, or Parts of Services during any downtime or discontinuance.
8.3 No Obligation to Maintain
Nothing in these Terms will be construed to obligate P2P to maintain and support the Site, Services, or Parts of Services or to supply any corrections, updates, or releases in connection therewith.
Disclaimer
9.1 "As Is" Provision
"THE SITE, SERVICES, THE PARTS OF THE SERVICES ARE PROVIDED 'AS IS', WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT."
9.2 No Representations or Warranties
P2P makes no warranties or representations about the accuracy or completeness of the Site's content or the content of any websites linked to the Site, and P2P assumes no liability or responsibility for any:
a. Errors, mistakes, or inaccuracies of content and materials;
b. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site or Services, Parts of Services;
c. Any unauthorized access to or use of P2P's secure servers and/or any and all personal information and/or financial information stored therein;
d. Any interruption or cessation of transmission to or from the Site or Services, Parts of Services;
e. Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Site or Services, Parts of Services by any third party; and
f. Any errors or omissions in any content and materials, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site or Services, Parts of Services.
"WE MAY PREVENT, SUSPEND, OR FULLY TERMINATE, IN OUR SOLE DISCRETION, YOUR ACCESS TO OR USE OF THE SITE AND/OR THE SERVICES, THE PARTS OF THE SERVICES OR ANY PORTIONS THEREOF AT ANY TIME AS WE MAY DEEM REASONABLE, INCLUDING, BUT NOT LIMITED TO, IF YOU DO NOT COMPLY WITH THESE TERMS OF USE OR ANY APPLICABLE LAWS AND/OR REGULATIONS."
Miscellaneous
10.1 Entire Agreement
These Terms and any policies or operating rules posted by P2P on the Site or in respect to the Site constitute the entire agreement and understanding between you and P2P. P2P's failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
10.2 Assignment
These Terms operate to the fullest extent permissible by law. P2P may assign any or all of its rights and obligations to others at any time.
10.3 Severability
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
10.4 No Agency Relationship
There is no joint venture, partnership, employment, or agency relationship created between you and P2P as a result of these Terms or use of the Site or Services, Parts of Services.
10.5 No Construction Against Drafting Party
You agree that these Terms will not be construed against P2P by virtue of P2P having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
Platform
11.1 Platform Access and Functionality
On the Site, you will be able to log in to the Platform (hereinafter referred to as the "Platform"), which combines some of the Services or Parts of Services presented on the Site and allows you to interactively view staking data, such as the number of tokens in staking and other parameters. The Platform is not any kind of investment instrument; it only has convenience functions. The Platform is, in a legal sense, part of the Site and Services or Parts of Services. You and P2P have the same rights and obligations when using the Platform as when using the Site.
11.2 Data Accuracy and Calculations
All data presented on the Platform, whether in the form of words, numbers, graphics, or other forms, is interactive only and may not reflect the actual situation in the Blockchain. The same applies to any calculations, conclusions, comparisons, and other information indicators—all of them were obtained taking into account a certain methodology and may not correspond to results calculated using other methods. P2P also cannot rule out a technical error in the display and/or calculations. To obtain accurate data, you should always verify information directly with Blockchain data. You hereby waive any rights or claims related to any information in any form on the Platform.
11.3 Account Security
You undertake not to share your login and password for the Platform with anyone and also not to allow authorization on the Platform on your behalf. This may lead to both the disclosure of data about the Services/Parts of Services provided to you and actions on the Platform performed on your behalf.
11.4 Restricted Access
Certain parts of the Platform may only be accessible subject to additional authorization or verification by P2P, and you may not use such parts of the Platform without such additional authorization or verification.
Representations and Warranties Regarding Sanctions
You represent and warrant that, at each moment of usage of the Services or Parts of Services, the Site, the following are not subject to any sanctions administered or imposed by any regulatory or governmental authority, including but not limited to sanctions imposed by:
- His Majesty's Treasury;
- The U.S. Government, including the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury;
- The U.S. Department of Commerce;
- The U.S. Department of State;
- The United Nations Security Council;
- European Union Authorities; or
- Any other authority with relevant jurisdiction.
For natural persons, this representation extends to you, any cryptocurrency wallet, any address on any Blockchain network, or any smart contract or other technology owned or controlled by you. For entities, it extends to you, any of your affiliates, branches, subsidiaries, and any cryptocurrency wallet, any address on any Blockchain network, or any smart contract or other technology owned or controlled by you, your affiliates, branches, or subsidiaries.
For both natural persons and entities, it further extends to any legal entity in which you are involved (including, but not limited to, as a director, beneficiary, member of any governing body, contractor, or employee), as well as any cryptocurrency wallet, any address on any Blockchain network, or any smart contract or other technology owned or controlled by such legal entities.
You represent and warrant regarding the following territories: Afghanistan, Belarus, Bosnia & Herzegovina, the Central African Republic, Cuba, DRC (Congo), Haiti, Iran, Iraq, Lebanon, Libya, Mali, Myanmar (Burma), Nicaragua, North Korea, Russia, Somalia, South Sudan, Sudan, Syria, Venezuela, Yemen, and regions of Ukraine (Luhansk and Donetsk regions, Crimea, Zaporizhia, and Kherson regions).
a. If you are a natural person, you represent and warrant that you neither hold residency nor have any presence in the aforementioned territories.
b. If you are an entity, you represent and warrant that the legal entity does not have residency, incorporation, or maintain any affiliates, branches, subsidiaries, or any other form of presence in the aforementioned territories. Additionally, none of the User's directors, beneficiaries, members of any governing body, contractors, or employees are residents or incorporated in the listed territories.
c. In relation to both natural persons and entities, you also represent and warrant that any company or entity in which you are involved (including, but not limited to, as a director, beneficiary, member of any governing body, contractor, or employee) does not have any residency or presence in the aforementioned regions.
If you are unable to provide the representations and warranties specified in this Section, you are not entitled to use the Services, Parts of Services, or the Site.
LIMITATION OF LIABILITY AND RELEASE
"TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL P2P, ANY P2P PARTIES, OR ANY OF THEIR AFFILIATED PARTIES BE LIABLE FOR LOSS OF PROFITS OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR OTHER LOSS OF ANY KIND—INCLUDING, BUT NOT LIMITED TO, ANY LOSS RELATED TO REVENUE, INCOME OR PROFIT; LOSS OF USE OR LOSS OF DATA; LOSS OF PRODUCTION; LOSS OF CONTRACT; LOSS OF COMMERCIAL OPPORTUNITY; LOSS OF SAVINGS, DISCOUNTS, OR REBATES (WHETHER ACTUAL OR ANTICIPATED); HARM TO REPUTATION OR LOSS OF GOODWILL; LOSS OF BUSINESS; OR LOSS DUE TO BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY RELATED TO OR ARISING FROM THE USE OF THE SERVICES, THE PARTS OF THE SERVICES, THE SITE OR ANY OTHER ASPECT OF THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, ANY SLASHING EVENTS OR ISSUES WITH UPTIME, AIRDROP ACTIVITIES, REGARDLESS OF THE FORM OR CAUSE OF ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF P2P OR ANY OF THE AFFILIATED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF SUCH LOSS WAS FORESEEABLE)."
"WITHOUT LIMITING THE FOREGOING, THE USER ACKNOWLEDGES AND AGREES THAT IT USES THE TRANSACTION PREPARATION SERVICES AT ITS OWN RISK. P2P SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCES ARISING OUT OF OR IN CONNECTION WITH THE SIGNING, SUBMISSION, OR EXECUTION OF ANY TRANSACTION GENERATED THROUGH THE TRANSACTION PREPARATION SERVICES, INCLUDING ANY LOSS RESULTING FROM ANY MALFUNCTION, COMPROMISE, ERROR, OR UNAUTHORIZED INTERFERENCE WITH P2P'S INFRASTRUCTURE, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW."
"IN NO EVENT SHALL THE AGGREGATE LIABILITY OF P2P AND ANY P2P PARTIES (COLLECTIVELY) FOR ANY LOSS ARISING OUT OF OR RELATING TO THESE TERMS EXCEED THE LESSER OF (I) THE AMOUNT OF P2P FEES RECEIVED FROM YOU FOR THE SERVICES OVER THE LAST CALENDAR MONTH, OR (II) USD 100, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW."
"AS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU, AND THE ONLY MEANS OF COMPENSATION WITHIN THE LIMITATIONS SET FORTH IN THIS CLAUSE:
a. P2P WILL ADJUST THE P2P FEE ON THE REMAINING VALIDATORS THAT YOU HAVE STAKED UNDER ANY AGREEMENT WITH P2P TO ENSURE COMPENSATION IS PROVIDED IN THE NEAREST FOLLOWING RECALCULATION PERIOD. PROVIDED, HOWEVER, THAT IF THE ADJUSTED P2P FEE BECOMES LESS THAN ZERO (0), THEN THE P2P FEE FOR THE NEAREST FOLLOWING COMPENSATION PERIOD SHALL BE SET AT ZERO (0), NO ADDITIONAL COMPENSATION SHALL BE MADE, AND THE LIMITATIONS OF THIS CLAUSE SHALL BE DEEMED LOWERED ACCORDINGLY; AND
b. IF NO VALIDATORS ARE AVAILABLE TO ENABLE THE ADJUSTMENT OF SERVICE FEES AS SET FORTH ABOVE OR IF YOU DO NOT HAVE THE CORRESPONDING AGREEMENT, THEN ANY COMPENSATION UP TO THE LIMITS ESTABLISHED IN THIS CLAUSE SHALL BE PAID TO YOU WITHIN NINETY (90) BUSINESS DAYS, PROVIDED THAT YOU SUCCESSFULLY COMPLETE THE REQUIRED KYC/AML PROCEDURES AS REQUESTED BY P2P AND IN ACCORDANCE WITH ALL APPLICABLE LAWS AND REGULATIONS."
"THE LIMITATIONS SET FORTH IN THIS CLAUSE SHALL NOT LIMIT OR EXCLUDE LIABILITY FOR FRAUD OR WILLFUL MISCONDUCT ON THE PART OF P2P."
"FURTHERMORE, P2P AND ANY P2P PARTIES SHALL NOT BE LIABLE OR DEEMED TO HAVE DEFAULTED OR BREACHED THESE TERMS FOR ANY FAILURE OR DELAY IN PERFORMING ANY TERM OF THESE TERMS, WHEN SUCH FAILURE OR DELAY IS CAUSED BY OR RESULTS FROM EVENTS BEYOND THE REASONABLE CONTROL OF P2P OR ANY P2P PARTIES, INCLUDING, WITHOUT LIMITATION:
I. ACTS OF GOD;
II. FLOOD, FIRE, EARTHQUAKE, OR EXPLOSION;
III. WAR, INVASION, HOSTILITIES (WHETHER WAR IS DECLARED OR NOT), TERRORIST THREATS OR ACTS, OR OTHER CIVIL UNREST;
IV. PANDEMICS;
V. ANY ATTACKS, ERRORS, OR DIFFICULTIES IN BLOCKCHAIN TECHNOLOGIES OR RELATED SOFTWARE; OR
VI. ANY LAWS, RULES, OR REGULATIONS."
"TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE P2P AND P2P PARTIES FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS, AND/OR DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN (INCLUDING, BUT NOT LIMITED TO, CLAIMS OF NEGLIGENCE), ARISING OUT OF OR RELATED TO DISPUTES BETWEEN YOU AND OTHER USERS OF THE SERVICES AND THE ACTS OR OMISSIONS OF ANY THIRD PARTIES. YOU EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE UNDER ANY APPLICABLE LAW AS WELL AS ANY OTHER STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS THAT YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE."
"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE PROCEEDING, OR REPRESENTATIVE ACTION AGAINST P2P OR ANY P2P PARTIES."
"IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS AND ANY OTHER PROVISIONS OF ANY DOCUMENT OR ANY STATEMENT OF ANY THIRD PARTY (INCLUDING THIRD PARTY SMART CONTRACT PROVIDER(S)), THE PROVISIONS OF THESE TERMS OF USE WILL GOVERN. YOU WAIVE RELIANCE ON ANY THIRD-PARTY PROVISIONS OR STATEMENTS IN ANY DISPUTE OR PROCEEDING IN THE EVENT OF THE CONFLICT."
Indemnification
You agree to indemnify, defend, and hold harmless P2P, its Affiliates, officers, directors, employees, agents, and service providers from and against any and all claims, demands, actions, suits, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Any violation of these Terms by you;
- Any breach of the representations and warranties provided by you in these Terms.
This indemnification obligation applies to any and all claims brought by third parties, including individuals, organizations, or regulatory authorities, in connection with the above, and includes covering all losses or damages sustained by P2P as a result of such claims.
Disclaimer of Professional Advice and Fiduciary Duties
All information provided by P2P, including on the Site, is for informational purposes only and is not, and should not be construed as, legal, financial, tax, or any other specialized or expert advice upon which you might depend to your detriment, thereby causing liability for P2P. In using the Services, you represent and warrant that you have either sought independent professional advice from an expert qualified to provide such counsel or that you possess sufficient knowledge and sophistication to evaluate the risks and merits associated with the Services.
You further represent and warrant that you understand that any recommendations or commentary made by P2P, its employees, or other users are general in nature, and that you should use your own judgment or seek expert advice before taking any action regardless of such statements.
These Terms are not intended to, and do not, create or impose any fiduciary duties on P2P. To the fullest extent permitted by law, you acknowledge and agree that P2P owes no fiduciary duties or liabilities to you or any other party, and that any such duties or liabilities are hereby irrevocably disclaimed, waived, and eliminated.
Governing Law and Dispute Resolution
"ALL MATTERS REGARDING THE SERVICE AND ITS EXECUTION, INCLUDING ANY DISPUTES OR CLAIMS ARISING FROM OR RELATED TO THESE TERMS OF USE, SHALL BE GOVERNED BY AND RESOLVED IN ACCORDANCE WITH THE LAWS OF THE CAYMAN ISLANDS."
"ANY DISPUTE, CONTROVERSY, OR CLAIM REGARDING THE SERVICE AND ITS EXECUTION, INCLUDING ANY DISPUTES OR CLAIMS ARISING FROM OR RELATED TO THESE TERMS, SHALL BE EXCLUSIVELY RESOLVED IN THE JURISDICTION OF THE GRAND COURT OF THE CAYMAN ISLANDS. YOU AGREE THAT YOU ARE SUBJECT TO THE JURISDICTION OF SUCH COURT AND SHALL NOT BRING CLAIMS OR DISPUTES IN ANY OTHER COURT OR JURISDICTION."
At P2P's option, any dispute may be resolved by confidential, binding arbitration seated in the Cayman Islands and conducted in the English language in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the "Rules"). The arbitrator shall be appointed in accordance with the procedures set out in the Rules. The arbitrator's award or decision shall be final and binding upon the parties, and the parties expressly waive any right to appeal or otherwise challenge the arbitrator's award, ruling, or decision.
The judgment of any award or decision may be entered in any court having competent jurisdiction to the extent necessary. If P2P elects to have a dispute resolved by arbitration pursuant to this Section, no party shall (or permit its representatives to) commence, continue, or pursue any dispute in any court. However, P2P shall be entitled to obtain injunctive relief to prevent breaches of this provision and to specifically enforce its terms and provisions, in addition to any other remedy to which P2P is entitled at law or in equity.
In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site or Services be commenced more than 1 (one) year after the cause of action arose, or, if different, when knowledge of the cause of action should have been reasonably obtained by the infringed-upon party; for the purposes of these Terms, knowledge of information on a Blockchain is considered to have been reasonably obtained when it is included in a block that is accepted by the requisite number of validators necessary to be considered consensus according to the customs and technical conditions of that Blockchain.
Interpretations
For the purposes of these Terms, the following interpretations shall apply:
- The terms "User," "Affiliate," "branch," "subsidiary," "director," "beneficiary," "member of any governing body," "entity," "person," "contractor," and "employee" shall be construed to include any collection of natural persons or any group of individuals (such as partnerships, DAOs, or any other collective of individuals recognized as having legal capacity under applicable law). This definition shall be interpreted in the broadest sense permissible under any applicable law and shall include all relevant legal interpretations within the applicable jurisdiction.
- The terms "residency" and "presence" shall be understood in both tax and any other legal context, including, without limitation, any granted right of residence for natural persons and any granted right to conduct economic activities for legal entities.
- The term "other technology" shall be understood as any technical development, whether it exists in the real world or online, that may be subject to sanctions under relevant law.
- The term "Affiliate" means any company which, at any given time, is the User's subsidiary or holding company, or a subsidiary of such holding company, as defined under applicable laws of the relevant jurisdiction.
- "P2P Parties" means any other company authorized by P2P.
- Any terms and definitions used in the singular include the plural, and any terms and definitions used in the plural include the singular.
Additional Warranties and Representations About Airdrops
"BY UTILIZING THIRD-PARTY SERVICES, YOU MAY BECOME ELIGIBLE TO RECEIVE AIRDROPS. AN AIRDROP MAY RESULT IN THE ALLOCATION OF TOKENS OR POINTS TO YOU AND MAY INVOLVE THE FOLLOWING ACTIONS (COLLECTIVELY, 'AIRDROP ACTIVITIES'; IN THE SINGULAR, 'AIRDROP ACTIVITY'):
ISSUANCE – The technological initiation of tokens or points into existence.
ACCRUAL – The determination and acknowledgment that specific tokens or points belong to a particular recipient.
DISTRIBUTION – The transfer of tokens or points to a designated recipient through a chain of smart contracts or by facilitating a claim process.
CONVERSION – The transformation of points into tokens."
"UNLESS EXPRESSLY STATED OTHERWISE, P2P DOES NOT PARTICIPATE IN ANY MANNER IN AIRDROP ACTIVITIES, INCLUDING BY VOTING OR ENGAGING IN ANY INDIRECT FORM OF PARTICIPATION. IN THE EVENT THAT P2P, IN ITS CAPACITY AS AN OPERATOR, IS INVITED OR REQUESTED TO TAKE PART IN ANY AIRDROP ACTIVITY, P2P RESERVES THE RIGHT TO REFUSE SUCH PARTICIPATION AT ITS SOLE DISCRETION, REGARDLESS OF WHETHER SUCH REFUSAL CREATES TECHNOLOGICAL DIFFICULTIES OR RENDERS THE EXECUTION OF AN AIRDROP ACTIVITY IMPRACTICAL OR IMPOSSIBLE. YOU ACKNOWLEDGE AND AGREE THAT, IN ALL INSTANCES, YOU BEAR THE SOLE RESPONSIBILITY FOR ANY FAILURE OR INABILITY TO PERFORM AN AIRDROP ACTIVITY IN THE ABSENCE OF P2P'S DIRECT OR INDIRECT PARTICIPATION. BY ACCEPTING THESE TERMS, YOU IRREVOCABLY WAIVE ANY AND ALL CLAIMS AGAINST P2P AND ITS AFFILIATES IN CONNECTION WITH THE EXECUTION, NON-EXECUTION, OR PARTICIPATION—WHETHER DIRECT OR INDIRECT—OF ANY AIRDROP ACTIVITY. THE RESPONSIBILITY FOR ALL AIRDROP ACTIVITIES REMAINS EXCLUSIVELY WITH THE THIRD PARTIES YOU ENGAGE, INCLUDING THIRD-PARTY SMART CONTRACT PROVIDERS, INCLUDING THE AIRDROP ISSUER. P2P EXPRESSLY DISCLAIMS ANY INVOLVEMENT, RESPONSIBILITY, OR LIABILITY IN CONNECTION WITH SUCH ACTIVITIES."
"NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT ANY AIRDROP, IRRESPECTIVE OF WHETHER P2P PARTICIPATES IN AIRDROP ACTIVITIES, MAY BE SUBJECT TO FEES IMPOSED BY P2P AS CONSIDERATION FOR THE SERVICE. ANY SUCH FEES WILL BE COMMUNICATED THROUGH AMENDMENTS TO THESE TERMS OF USE OR TO OTHER TERMS RELATING TO THE PARTS OF THE SERVICES."
"FOR THE AVOIDANCE OF DOUBT, THE FOLLOWING CRITERIA WILL BE APPLIED TO DISTINGUISH BETWEEN VALIDATOR REWARDS (OR OTHER REWARDS APPLICABLE TO THE PARTS OF THE SERVICES) AND AIRDROPS (AND OTHER TYPES OF PAYMENTS, REGARDLESS OF THEIR TITLES):
- ECONOMIC AND/OR TECHNOLOGICAL RELATIONSHIP WITH THE VALIDATION PROCESS OR ANY OTHER PROCESS APPLICABLE TO THE CORRESPONDING PARTS OF THE SERVICES;
- ACCRUAL FOR ANY PERSON OR ENTITY OTHER THAN THE USER;
- MARKETING OR INCENTIVE NATURE OF PAYMENTS;
- ADDITIONAL NATURE OF PAYMENTS TO ALREADY EXISTING ONES;
ALL OF THE ABOVE CRITERIA WILL BE CONSIDERED IN THEIR ENTIRETY. IF THE FIRST CRITERION IS STRONGER AND THE SECOND, (OR) THIRD, AND (OR) THE FOURTH CRITERIA ARE WEAKER, PAYMENTS SHALL BE CONSIDERED AS VALIDATOR REWARDS OR OTHER REWARDS APPLICABLE TO THE CORRESPONDING PARTS OF THE SERVICES, AND VICE VERSA. IN ALL DISPUTES, P2P RESERVES THE FINAL DECISION AS TO DETERMINING THE NATURE OF THE PAYMENT. YOU IRREVOCABLY WAIVE ANY AND ALL CLAIMS AGAINST P2P AND ITS AFFILIATES IN CONNECTION WITH SUCH DECISION. HOWEVER, IF ANY DOCUMENTATION OF THE ISSUER OF A TOKEN OR POINT IS DESCRIBED AS AN AIRDROP, IN ANY CASE, SUCH POINT OR TOKEN IS CONSIDERED AN AIRDROP."
Non-Custodial Services
Neither P2P holds, manages, nor knows your private keys, seed phrases, or passwords. All your digital assets, seed phrases, and private keys required to access and operate them remain under your complete control and disposition. P2P provides non-custodial services only. You are solely responsible for ensuring that your seed phrase, password, data, and any other information used by you to access the Services are kept secure and confidential. All operations regarding digital assets are performed solely by you, and P2P assumes no liability for any reason whatsoever related to such operations.
KYC/AML and Document Requests
P2P may request from you any documents and information necessary for KYC/AML or "KYB" when deemed necessary. Due diligence and KYC/AML requirements, as determined by P2P, may include, without limitation, checking the information you provide against any list issued by any governmental or international authority prohibiting or limiting business activities or transactions with any persons. You may be required to provide P2P with certain personal information, including but not limited to your name, email address, mobile phone data, passport, ID or other government-issued identification, digital wallet address, residency, date of birth, physical address, bank account information, payment card (debit/credit) information, documents regarding sources of funds, and any other information and/or documents required to use the Services.
You hereby authorize P2P, directly or through a third party, to make any inquiries P2P deems necessary to verify your identity, residency, source of funds, or to protect against fraud, including but not limited to:
a. Querying identity information contained in public records (such as your name, address, past addresses, or date of birth);
b. Querying account information associated with your bank account/card (such as name or account balance); and
c. Taking any action P2P reasonably deems necessary based on the results of such inquiries and reports.
You further authorize all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests. P2P shall have no liability or responsibility for any permanent or temporary inability to access or use any Services or Parts of Services as a result of any identity verification or other screening procedures.