Terms Of Service

We kindly request that you read through these Terms of Use (“Terms”) carefully, as they have been entered into by you and Stack Wallet LLC, a New Mexico limited liability company (“Stack Wallet”, “Company”, “us”, “our”, and “we”). These Terms set forth the legally binding terms and conditions that govern your use and access to our website, which can be found at https://stack-wallet.com. This includes the website at stack-wallet.com, our mobile device application Stack Wallet, and any related trademarks, software code, and other intellectual property, as well as any services we provide through the application (the “Services”). We hope that you will find these Terms helpful in understanding your rights and obligations, as well as our disclaimers and limitations of legal liability, in relation to your use of and access to the Application.

We kindly ask that you respect the copyrighted nature of the Application, which belongs to Stack Wallet. For more detailed information on how we collect, use, and disclose information from our users, we kindly ask you to refer to our Privacy Policy. We kindly ask that you acknowledge and agree that your use of the Services is subject to, and that we may collect, use, and/or disclose your information (including any personal data you provide to us) in accordance with, our Privacy Policy. We would like to kindly draw your attention to the fact that all additional terms, guidelines, and rules, including our Privacy Policy, are incorporated by reference into these Terms.

By clicking “I agree” or by accessing or using the Application, you are indicating your acceptance of these terms (on behalf of yourself or the entity that you represent, including without limitation, the mandatory arbitration provision in Section 11). If you have any concerns or questions about the terms set out here or in our Privacy Policy, please do not hesitate to contact us.

We kindly ask that you carefully review the disclosures and disclaimers set forth in Section 9 before using any software initially developed by Stack Wallet. The information in Section 9 provides important details about the legal obligations associated with your use of the Application.

 

1.1 We kindly ask that, as a condition to accessing or using the Application, you represent and warrant to Stack Wallet that your access to the Application is not (a) prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person. In addition, you agree to comply with all applicable laws, rules, and regulations, including any rule, order, judgment, directive, or other requirement or guideline issued by any domestic or foreign federal, provincial, state, municipal, local, or other governmental, regulatory, judicial, or administrative authority having jurisdiction over Stack Wallet, you, the application, or as otherwise duly enacted and enforceable by law, the common law or equity (collectively, “Applicable Laws”). Furthermore, we ask that you refrain from engaging in any activities that may contribute to or facilitate illegal activities.

1.2 We are pleased to offer our application free of charge for your convenience. Please note that the application may provide access to services provided by third parties. Please note that the fees and price estimates related to your use of third-party services are not covered by these Terms of Use. Instead, they are governed by the terms of use of the applicable third parties providing such services. We kindly suggest that you carefully review the terms and conditions of the third parties before using any of their services.

1.3 In connection with your use of the Application, we kindly request that you pay all applicable gas or other transaction fees necessary for interacting with the blockchain, as well as any other fees reflected on the Application as provided by our third-party service providers, if any. Please note that the value of the gas or other transaction fee may change and is entirely outside of the control of Stack Wallet. While we do our best to provide accurate fee information, this information reflects our estimates of fees, which may vary from the actual fees paid to interact with the blockchain. We kindly ask for your understanding that under no circumstances will a transaction be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the gas or other transaction fee for the given transaction was unknown, too high, or otherwise unacceptable to a user. Similarly, we hope you will agree that the gas or any other transaction fee is non-refundable under all circumstances.

 

2.1 We kindly ask that you refrain from using the application for the following categories of activity, which we have set forth below. While the specific activities set forth below are representative, they are not exhaustive and may not include all potential Prohibited Uses. If you have any questions about whether your use of the application falls under the categories of prohibited uses or about how these requirements apply to you, please don’t hesitate to contact us at [email protected]. We kindly ask that you refrain from using the application for any of the following activities:

a) engage in any activities that may be in violation of applicable laws;

b) engage in any transactions involving items that may infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under applicable law, including but not limited to use of Stack Wallet’s intellectual property, name, or logo, including use of Stack Wallet’s trade or service marks, without express consent from Stack Wallet or in a manner that otherwise harms Stack Wallet, or any action that implies an untrue endorsement by or affiliation with Stack Wallet;

c) We kindly ask that you refrain from using any automated means or interface not provided by us to access the Application or to extract data, or introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism, or other harmful material into the Application.

d) using or accessing the Application to transmit or exchange crypto assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion; or

e) encouraging, inducing, or assisting any third party, or yourself attempting to engage in any of the activities prohibited under this Section 2 or any other provision of these Terms.

3.1 The Application and associated documentation files (the “Software”) are licensed under GPL-3 and MIT licenses, subject to Section 3.2. The source code clearly indicates which sections of code are governed by which license.

3.2 The company name, the term “Stack Wallet,” the company logo, and all related names, logos, product and service names, designs, and slogans are the exclusive trademarks of Stack Wallet or its affiliates or licensors. You are prohibited from using such marks without our prior written consent. All other names, logos, product or service names, designs, and slogans on the application are the trademarks of their respective owners.

3.3 You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Application and its content are owned by Stack Wallet. These Terms do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the rights expressly set forth in these Terms. All other rights are reserved by Stack Wallet and its suppliers.

4.1 The application may provide links to third-party websites, applications, or resources (“third-party materials”). We do not provide any warranties or representations, either express or implied, regarding the linked third-party materials, the third parties who own and operate them, the information they contain, or the suitability of their products or services. You acknowledge that you are solely responsible for and assume all risk arising from your use of any third-party materials.

4.2 The Services may incorporate or provide access to applications or materials hosted by a third party, including, but not limited to, cryptocurrency exchanges such as ChangeNow (“Third-Party Providers”). You understand and agree that all cryptocurrency exchanges and information provided through the Services are executed by third-party providers, and that Stack Wallet does not itself directly exchange virtual currencies or provide information relating to any crypto asset prices. Please note that access to third-party providers may be subject to geographical restrictions for residents of certain countries and states within the United States.

4.3 Third-Party Providers may require you to share certain personal information in order to provide you with their services. Please note that this is subject to the terms and conditions of each relevant Third-Party Provider. This may include any such information the Third-Party Providers may require for “Know-Your-Customer” purposes. This is in order to comply with the relevant laws or regulations to which such Third-Party Providers may be subject. In the absence of any contrary provision set forth in the Stack Wallet Privacy Policy, Stack Wallet does not collect or control any such personal information collected by third-party providers. We do not control the terms, policies, or performance of any third party, and we are not responsible for any performance, or failure to perform, of any third-party software, website, or services, including pricing information, exchange rates, processes, and so forth.

5.1 We reserve the right to discontinue or change the application, in whole or in part, at any time and without prior notice for any reason. We will not be liable for any losses you may incur as a result of modifications to the application, or as a consequence of the suspension or termination of your access to all or any portion of the application, for any reason.

5.2 You acknowledge and agree that Stack Wallet is under no obligation to provide you with any support or maintenance in connection with the application.

5.3 In accordance with the provisions of this Section, these Terms will remain in full force and effect for the duration of your use or access to the Application. In the event of termination of your access to the Application, regardless of the reasons for its expiration or termination, Sections 6 through 13 of these Terms shall remain in full force and effect, in addition to any other provision which by law or by its nature should survive.

 

6.2 The nature of crypto assets may increase the risk of fraud or cyber attack. Advancements in the field of cryptography and the continuous development of blockchain networks may present risks and vulnerabilities to crypto assets and the application, which could result in the theft or loss of your crypto assets.

6.3 You acknowledge and understand that the application is subject to flaws and that you are solely responsible for evaluating any code provided by the application. Such risks include, but are not limited to, delays in withdrawals and deposits resulting from the Stack Wallet servers being offline or an incorrect display of information on the application in the event of server errors. You acknowledge that these risks may have a material impact on your transactions using the Application, which may result in, among other things, failing to fulfill transactions at your desired price or at all. This warning and others provided in these Terms do not create an ongoing duty on our part to alert you to all potential risks associated with using or accessing the Application.

6.4 Please note that the information provided in the application and other materials may not always be entirely accurate, complete, or current. Additionally, these materials may contain technical inaccuracies or typographical errors. To ensure the information provided is as complete and accurate as possible, we reserve the right to change or update information, including details regarding our policies, at any time without prior notice. Any decisions made based on the information provided on this application are at your own discretion. No representation is made regarding the accuracy, completeness, or suitability of any pricing information distributed via the application for any specific purpose.

6.5 Any reference to a specific type of crypto asset on the application should not be construed as an endorsement or disapproval of the underlying technology. It is not a substitute for a thorough understanding of the unique risks associated with each crypto asset.

6.6 Please note that transactions entered into in connection with the application are irreversible and final, and are not subject to refunds. Accordingly, losses resulting from fraudulent or accidental transactions may not be recoverable. You acknowledge and agree that you will access and use the Application at your own risk and accept all consequences of using the Application, including the risk that you may lose access to your crypto assets indefinitely. You are solely responsible for all transaction decisions. In any case, we accept no liability whatsoever for any losses incurred by you as a result of your use of the Application for crypto asset transactions.

6.7 Any changes to legislation, regulations, or directives concerning crypto assets may affect the value of crypto assets and their acceptance by users, merchants, and service providers.

6.8 You hereby acknowledge and agree that Stack Wallet will not be held responsible or liable for the risks set forth in this Section 7. You hereby irrevocably waive, release, and discharge all claims, whether known or unknown to you, against Stack Wallet, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, and representatives, suppliers, and contractors related to any of the risks set forth in this Section 7.

7.1 By providing us with any personal data when accessing our application, you consent to our accessing, processing, and retaining such data in accordance with our Privacy Policy. For further information about how we process your personal data and your rights in this regard, please see our Privacy Policy, which is incorporated herein by reference and available here: https://stack-wallet.com/privacy-policy/.

8.1 You agree to defend, indemnify, and hold harmless Stack Wallet, its affiliates, and its and its affiliates’ respective stockholders, members, directors, officers, managers, employees, attorneys, agents, representatives, suppliers, and contractors (collectively, the “Indemnified Parties”) from any and all claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including without limitation reasonable attorneys’ fees, arising out of or relating to (a) your use of, or conduct in connection with, the Application (b) in the event of a breach of these Terms.

9.1 Stack Wallet is not liable for any transactions entered into with other users. You agree that Stack Wallet will not be held liable for any loss or damages of any kind resulting from interactions between you and other users.

9.2 You acknowledge that your data on the application may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes. To the maximum extent permitted under applicable law, we will not be liable for any loss or damage caused by denial-of-service attacks, software failures, viruses or other technologically harmful materials (including those which may infect your computer equipment), protocol changes by third-party providers, internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control.

9.3 Please note that the disclaimer of implied warranties may not apply if and to the extent that such warranties cannot be excluded or limited in accordance with the applicable laws of your jurisdiction.

9.4. The application is provided on an “as is” basis. Furthermore, Stack Wallet (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory. This includes all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) do not guarantee that the application will meet your requirements, be available on an uninterrupted, timely, secure, or error-free basis, or be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. In the event that applicable law requires any warranties with respect to the application, all such warranties are limited in duration to ninety (90) days from the date of first use.

Stack Wallet does not endorse any other third party products or services, and shall not be responsible for any such products or services.

10.1. To the maximum extent permitted by law, in no event shall Stack Wallet be liable to you or any third party for any lost profits, lost data, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Application, even if Stack Wallet has been advised of the possibility of such damages. Access to and use of the application is at your own discretion and risk. You will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

10.2 To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this Agreement (for any cause whatsoever and regardless of the form of action) will at all times be limited to a maximum of fifty U.S. dollars (U.S. $50). Please note that the aggregate amount payable under this limit will not be increased as a result of multiple claims.

10.3 Please note that the above limitation or exclusion of liability may not apply to you in certain jurisdictions, which do not allow the limitation or exclusion of liability for incidental or consequential damages.

11.1 Please review the Arbitration Agreement in its entirety. This is a contractual obligation of your agreement with Stack Wallet, and it affects your rights. The agreement outlines the procedures for mandatory binding arbitration and a class action waiver.

(a) Applicability of Arbitration Agreement

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) between Stack Wallet and any user that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed upon, all arbitration proceedings shall be conducted in English. This Arbitration Agreement applies to you and Stack Wallet, as well as any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, in addition to all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

(b) Notice Requirement and Informal Dispute Resolution

Prior to initiating arbitration, the initiating party must provide the other party with a written Notice of Dispute (“Notice”) that outlines the nature and basis of the claim or dispute, as well as the desired outcome. Each party hereby irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in these Terms will affect the right of any party to serve process in any other manner permitted by law. Upon receipt of the Notice, you and Stack Wallet may attempt to resolve the claim or dispute informally. In the event that a resolution to the claim or dispute is not reached within thirty (30) days of receipt of the Notice, either party may initiate an arbitration proceeding. The amount of any settlement offer made by any party shall not be disclosed to the arbitrator until such time as the arbitrator has determined the amount of the award, if any, to which either party is entitled.

(c) Arbitration Rules

Any arbitration proceedings will be conducted through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) offering arbitration as a service.

(d) Time Limits

In the event that you or Stack Wallet elect to pursue arbitration, the arbitration action must be initiated and/or demanded within the applicable statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

(e) Authority of the Arbitrator

In the event that arbitration is initiated, the arbitrator shall determine the rights and liabilities, if any, of you and Stack Wallet. The dispute shall not be consolidated with any other matters or joined with any other cases or parties.The arbitrator shall have the authority to grant motions that dispose of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms.The arbitrator shall issue a written award and statement of decision, which shall describe the essential findings and conclusions on which the award is based. This shall include the calculation of any damages awarded. The arbitrator shall have the same authority to award relief on an individual basis as a judge in a court of law would have. The award of the arbitrator shall be final and binding upon you and Stack Wallet.

(f) Waiver of Jury Trial

The parties hereby waive their constitutional and statutory rights to a court trial or jury trial and instead elect that all claims and disputes shall be resolved by arbitration in accordance with the terms of this Arbitration Agreement.Upon receipt of the Notice, you and Stack Wallet may attempt to resolve the claim or dispute informally.

(g) Waiver of Class or Consolidated Actions

All claims and disputes arising from this Arbitration Agreement must be arbitrated or litigated on an individual basis, and not on a class basis. Furthermore, claims involving multiple users cannot be arbitrated.

(h) Confidentiality

All aspects of the arbitration proceeding, including the arbitrator’s award and compliance therewith, shall be treated as strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. Nothing in this paragraph shall prevent a party from submitting information to a court of law as may be necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

(i) Severability

In the event that any part or parts of this Arbitration Agreement are found to be invalid or unenforceable by a court of competent jurisdiction, such specific part or parts shall be of no force and effect and shall be severed. The remainder of the Agreement shall continue in full force and effect.

(j) Right to Waive

Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such a waiver shall not affect any other portion of this Arbitration Agreement.

(k) Survival of Agreement

This Arbitration Agreement will remain in effect even after the termination of your relationship with Stack Wallet.

(l) Small Claims Court

Notwithstanding the foregoing, either you or Stack Wallet may bring an individual action in small claims court.

(m) Emergency Equitable Relief

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

(n) Claims

Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement.

(o) Courts

In the event that the aforementioned Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within the State of New Mexico for such purpose.

12.1 The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Application, shall be governed by and construed and enforced in accordance with the laws of the State of New Mexico, as applicable, without regard to conflict of law rules or principles (whether of the State of New Mexico or any other jurisdiction) that would result in the application of the laws of any other jurisdiction. You agree that we may initiate legal proceedings related to the enforcement or validity of our intellectual property rights in any court with jurisdiction. In the event that a proceeding is not subject to arbitration under these Terms, the state and federal courts located in the State of New Mexico shall have exclusive jurisdiction. You waive any objection to venue in any such courts.

13.1 We reserve the right to modify these Terms at any time at our sole discretion. Should we implement any significant alterations to these Terms, we shall duly notify you by prominently posting a notice of the changes on our Application. Any amendments to these Terms will take effect immediately upon our posting of notice of the amendments on our Application. Your continued use of our application following notice of such changes shall be deemed to indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions thereof.

13.2 You consent to receive all communications, agreements, documents, receipts, notices, and disclosures (collectively, our “Communications”) that we provide in connection with these Terms or the use of the Application electronically. You consent to receive all communications, agreements, documents, receipts, notices, and disclosures (collectively, our “Communications”) from us in connection with these Terms or the use of the Application via the Application. Should you have any questions, complaints, or claims regarding the application, please contact us at [email protected].

13.3 Any right or remedy of Stack Wallet set forth in these Terms is in addition to, and not in lieu of, any other right or remedy, whether described in these Terms, under applicable law, at law, or in equity. Stack Wallet’s failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.

13.4 Should any of these Terms be found to be invalid or unenforceable, this shall not affect the validity or enforceability of any other Terms, all of which shall remain in full force and effect.

13.5 We will not be held liable for any failure or delay in performance of the application, or any loss or damage that you may incur, due to any circumstance or event beyond our control. This includes, but is not limited to, any 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.

13.6. In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will prevail, unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.

13.7 Any waiver by Stack Wallet of any right or remedy under these Terms shall only be effective if it is in writing and executed by a duly authorized representative of Stack Wallet. Furthermore, such a waiver shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms shall not be construed as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. The exercise of any right or remedy, in whole or in part, shall not preclude or restrict the further exercise of any such right or remedy, or the exercise of other rights or remedies.

13.8 Copyright © 2022 Stack Wallet LLC. All rights reserved. All trademarks, logos, and service marks displayed on the application are the property of Stack Wallet LLC or other third parties. You are not permitted to use these marks without our prior written consent or the consent of the relevant third party, should that party own the marks.

13.9 We encourage our clients to provide us with feedback, comments, ideas, and suggestions for improvements to our services. Please direct any feedback, comments, ideas, or suggestions for improvements to [email protected]. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.