Terms of service

SteadyStack Platform Terms of Service 

Effective Date: March 9, 2023 

Please read these SteadyStack Platform Terms of Service (these “Terms”) and our  Privacy Policy https://steadystacknft.com/ (“Privacy Policy”) carefully because they  govern your access to and use of the website located at https://steadystacknft.com (the  “Site”) and corresponding discord server (accessible at https://discord.gg/steadystacknft)  (the “Discord”) offered by Stack Labs Inc. a British Virgin Islands corporation  (“SteadyStack,” “we,” “us” or “our”), including without limitation: the purchase of certain  digital assets in the form of non-fungible cryptocurrency tokens (“NFTs”) on the  decentralized blockchains on which the NFTs are recorded (“Blockchain”), and our  online services and software provided on or in connection with those services that are  accessible via the Site and the Discord. 

To make these Terms easier to read, the Site, the Discord and the aforementioned  services are collectively called the “Services.”  

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE  TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY  DISPUTE BETWEEN YOU AND STEADYSTACK THROUGH BINDING, INDIVIDUAL  ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION  17 “DISPUTE RESOLUTION; ARBITRATION'' BELOW FOR DETAILS REGARDING  ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE  APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT  TO ARBITRATE IN SECTION 17 WILL NOT APPLY TO YOU BUT THE PROVISIONS  OF SECTION 18 “GOVERNING LAW AND VENUE” WILL APPLY INSTEAD. 

1. AGREEMENT TO TERMS 

(a) By using our Services, you agree to be bound by these Terms. If you do  not agree to be bound by these Terms, you may not use the Services. (b) SteadyStack reserves the right to change or modify these Terms at any time  and in our sole discretion. If we make changes to these Terms, we will  provide notice of such changes, such as by sending an email notification,  providing notice through the Services or updating the “Effective Date” date  at the beginning of these Terms. Those additional terms and conditions,  which are available with the relevant services, then become part of your  agreement with us if you use those services. By continuing to access or use  the Services, you confirm your acceptance of the revised Terms and all of  the terms and conditions incorporated therein by reference. We encourage  you to review the Terms frequently to ensure that you understand the terms  and conditions that apply when you access or use the Services. If you do  not agree to the revised Terms, you may not access or use the Services. (c) BY USING OUR SERVICES, ACCESSING THE STEADYSTACK  SERVICES AND/OR PURCHASING CRYPTOCURRENCY ASSETS 

THROUGH THE SERVICES, YOU AGREE TO BE BOUND BY THESE  TERMS AND ALL OF THE TERMS AND CONDITIONS INCORPORATED  HEREIN BY REFERENCE. 

1. PRIVACY POLICY 

(a) Please refer to our Privacy Policy, which also governs your use of the  Services, for information about how we collect, use and share information  about you. 

1. WHO MAY USE THE SERVICES? 

(a) Eligibility. You may use the Services only if you are 16 years or older and  capable of forming a binding contract with SteadyStack, and not otherwise  barred from using the Services under applicable law. 

(b) Compliance. The Services are only available to users in certain jurisdictions  who can use the Services as permitted under applicable law. You certify  that you will comply with all applicable laws (e.g., local, state, federal and  other laws) when using the Services. Without limiting the foregoing, by using  the Services, you represent and warrant that: (a) you are not located in a  country that is subject to a U.S. Government embargo; and (b) you are not  listed on any U.S. Government list of prohibited, sanctioned, or restricted  parties. If you access or use the Services outside the United States, you are  solely responsible for ensuring that your access and use of the Services in  such country, territory or jurisdiction does not violate any applicable laws.  You must not use any software or networking techniques, including use of  a Virtual Private Network (VPN) to modify your internet protocol address or  otherwise circumvent or attempt to circumvent this prohibition. We reserve  the right, but have no obligation, to monitor where our Services are  accessed from. Furthermore, we reserve the right, at any time, in our sole  discretion, to block access to the Services, in whole or in part, from any  geographic location, IP addresses and unique device identifiers or to any  user who we believe is in breach of these Terms. 

1. ABOUT THE SERVICES; LIMITATIONS AND RELATIONSHIP BETWEEN THE  PARTIES 

(a) The SteadyStack Platform. The Services include the ability to access  the platform, through the Site and the Discord, which facilitates  interactions with certain decentralized cryptographic protocols and  Blockchains to allow individuals to purchase NFTs and access the  SteadyStack Discord (the “SteadyStack Platform”). 

(i) You may participate in the Services by linking your digital  wallet on supported bridge extensions, which allows you to  

purchase, store, and engage in transactions using certain  

cryptocurrencies. Before purchasing a unique digital asset or  

accessing the SteadyStack Discord, we will ask you to  

download a supported electronic wallet extension and  

connect and unlock your digital wallets with that extension. 

Once you submit an order to purchase a unique digital asset,  your order is passed on to the applicable extension, which  completes the transaction on your behalf. 

(ii) WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR  CREDITOR. THE SERVICES ARE OFFERED THROUGH  AN ADMINISTRATIVE PLATFORM ONLY. STEADYSTACK  FACILITATES TRANSACTIONS BETWEEN A BUYER AND  SELLER BUT IS NOT A PARTY TO ANY AGREEMENT  BETWEEN THE BUYER AND SELLER OF NFTS OR  BETWEEN ANY USERS. 

(iii) YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE  IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS  YOU PURCHASE ON THE STEADYSTACK PLATFORM.  NOTWITHSTANDING INDICATORS AND MESSAGES  THAT SUGGEST VERIFICATION, STEADYSTACK MAKES  NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR  AUTHENTICITY OF ASSETS ON THE PLATFORM. 

(b) Transactions Are Conducted on the Blockchain. While SteadyStack  offers a platform for users to purchase NFTs and access the SteadyStack  Discord, it does not buy, sell, or take custody or possession of any NFTs,  nor does it act as an agent or custodian for any user of the Services. You  acknowledge that SteadyStack does not take control or custody of any NFT  or cryptocurrency at any time. If you elect to purchase any NFTs, any  financial transactions that you engage in will be conducted solely through  the blockchain network governing such NFT, and you will be required to  make or receive payments exclusively through the cryptocurrency wallet  you have connected to the Site. We will have no insight into or control over  these payments or transactions, nor do we have the ability to reverse any  transactions. Accordingly, we will have no liability to you or to any third party  for any claims or damages that may arise as a result of any transactions  that you engage in via the Services. There may be royalties associated with  the secondary sale of any NFT. You acknowledge and agree that the  payment of any such royalty shall, in certain circumstances, be programmed  to be self-executing via a blockchain network’s nonfungible token standard,  and SteadyStack does not have any control or ability to direct such funds or  the obligation to collect such fees. Every transaction on the SteadyStack  Platform is subject to fees collected to support the NFT creators and  SteadyStack Platform as posted on the Site or otherwise set forth in these  Terms. 

(c) Terms Applicable to Purchasers. If you are using the Services to  purchase NFTs, you are a “Purchaser,” and you agree to the following  additional terms: 

(i) Purchase Terms. Any NFT that you purchase is governed  entirely by the smart contract and the blockchain network  governing such NFT. NFTs may be subject to additional  terms directly between Purchasers and the seller of such 

NFTs (the “Seller”), namely: (i) in any associated smart  contract or metadata or (ii) as Purchasers and Seller may  agree otherwise (e.g., with respect to terms or benefits  associated with a given NFT) ((i) and (ii), collectively,  “Purchase Terms”). SteadyStack is not a party to any  Purchase Terms, which are solely between the Purchaser  and the Seller. The Purchaser and Seller are entirely  responsible for communicating, promulgating, agreeing  to, and enforcing Purchase Terms. Seller must comply  with and fulfill the Purchase Terms with respect to any  NFTs that it sells. When you purchase an NFT through  the Services, you own all personal property rights to that  NFT (i.e., the right to sell or otherwise dispose of that  NFT). Such rights, however, do not include the  ownership of the intellectual property rights in any digital  art embodied in the NFTs and any name, logos,  trademarks, likeness, image, signature, voice and other  identifiable characteristics included in the digital art  embodied in the NFTs (collectively, the “NFT Content”).  Rather, unless specified otherwise in Purchase Terms, the  Purchaser will have a worldwide, non-exclusive, non transferable, royalty-free license to use, copy, and display the  NFT Content associated with its purchased NFT), solely for  the following purposes: (i) for your own personal, non commercial use; (ii) attempts to sell or otherwise dispose of  the NFT consistent with the ownership of it; and (iii) as part of  a third party offering compatible with the purchased NFT in  the normal course of the permitted end-use of such offering. 

(ii) Costs and Fees. Transactions on the SteadyStack  Platform may be subject to fees that SteadyStack collects  to support the Services, as posted on the Site or  otherwise set forth in these Terms. “Revenue” means the  purchase price paid by the Purchaser for your NFT on the  SteadyStack Platform. Revenue does not include any  Taxes (defined below) or transaction fees. You further  agree to pay all other applicable fees, including Gas Fees  and hosting fees, and you authorize SteadyStack to  automatically charge you for any such fees or deduct  such fees directly from your amounts paid by the  Purchaser. The payments made do not include any  Taxes (as defined below), and SteadyStack shall have no  responsibility for payment of such Taxes regardless of  the taxing authority. Each party shall be responsible for  all Taxes imposed on its income or property. Purchasers  will be responsible for paying all such fees. In addition,  interactions with the Blockchain may also result in 

transaction fees or Gas Fees (as defined below) imposed  

by the Blockchain, which are also solely your  

responsibility. “Gas fees” mean the fees that fund the  

network of computers that run the decentralized blockchain  

network, meaning that you will need to pay a Gas Fee for each  

transaction that occurs via the blockchain network. 

(d) Taxes. You are solely responsible for all costs incurred by you in  using the Services and determining, collecting, reporting and paying  all applicable Taxes. As used herein, “Taxes” means the taxes, duties,  levies, tariffs, and other governmental charges that you may be required by  law to collect and remit to governmental agencies, and other similar  municipal, state, federal and national indirect or other withholding and  personal or corporate income taxes. You are solely responsible for  maintaining all relevant Tax records and complying with any reporting  requirements you may have as related to our Services. You are further  solely responsible for independently maintaining the accuracy of any record  submitted to any tax authority including any information derived from the  Services. We reserve the right to report any activity occurring using the  Services to relevant tax authorities as required under applicable law. 

(e) Suspension or Termination. We may suspend or terminate your  access to the Services at any time in connection with any transaction  as required by applicable law, any governmental authority, or if we in  our sole and reasonable discretion determine you are violating these  Terms or the terms of any third-party service provider. Such  suspension or termination shall not be constituted a breach of these  Terms by SteadyStack. In accordance with its anti-money laundering,  anti-terrorism, anti-fraud, and other compliance policies and  practices, we may impose reasonable limitations and controls on the  ability of you or any beneficiary to utilize the Services. Such  limitations may include where good cause exists, rejecting  transaction requests, freezing funds, or otherwise restricting you from  using the Services. 

1. FEEDBACK 

(a) We appreciate feedback, comments, ideas, proposals and suggestions for  improvements to the Services (“Feedback”). If you choose to submit  Feedback, you agree that we are free to use it without any restriction or  compensation to you. 

1. RIGHTS AND TERMS FOR DISCORD 

(a) Discord License. If you comply with these Terms, SteadyStack grants to  you a limited non-exclusive, non-transferable license, with no right to  sublicense, to download and install the Discord on your personal  computers, mobile handsets, tablets, wearable devices, and/or other  devices and to run the Discord solely for your own personal non-commercial  purposes. Except as expressly permitted in these Terms, you may not: 

(i) copy, modify or create derivative works based on the Discord;  (ii) distribute, transfer, sublicense, lease, lend or rent the Discord to any  third party; (iii) reverse engineer, decompile or disassemble the Discord  (unless applicable law permits, despite this limitation); or (iv) make the  functionality of the Discord available to multiple users through any means. 

1. LICENSE TO ACCESS AND USE THE SERVICES AND STEADYSTACK  CONTENT; GENERAL PROHIBITIONS 

(a) You are hereby granted a limited, nonexclusive, non-transferable, non sublicensable license to access and use the Services and SteadyStack  Content (as defined in Section 9); provided, however, that such license is  subject to these Terms and does not include any right to: 

(i) modify, mark any derivative uses of, sell, resell or use  commercially the Services or SteadyStack Content (or any  

portion thereof), or distribute, publicly perform or publicly  

display any SteadyStack Content; 

(ii) download (other than page caching) any portion of the  Services or SteadyStack Content, except as expressly  

permitted by us; 

(iii) use, display, mirror or frame the Services or any individual  element within the Services, SteadyStack Content or other  

SteadyStack proprietary information, or the layout and design  

of any page or form contained on a page, without our express  

written consent; 

(iv) provide false or misleading information to SteadyStack  (including posing as another person or create a misleading  

username); 

(v) use or attempt to use another user’s digital wallet without  authorization from such user and SteadyStack; 

(vi) use the Services in any manner that could interfere with,  disrupt, negatively affect or inhibit other users from fully  

enjoying the Services, or that could damage, disable,  

overburden or impair the functioning of the Services in any  

manner (including by engaging in any activity that poses a  

threat to the Services or SteadyStack, for example by  

distributing a virus or other harmful code, or through  

unauthorized access to the Site or other users’ digital wallets); 

(vii) develop, utilize, or disseminate any software, or interact with  any API in any manner, that could damage, harm, or impair  

the Services; 

(viii) reverse engineer, or attempt to decipher, decompile,  disassemble or reverse engineer, any aspect of the Services,  

or do anything that might discover source code or bypass or  

circumvent measures employed to prevent or limit access to  

any Services, area or code of the Services;

(ix) access, tamper with, or use non-public areas of the Services,  SteadyStack’s computer systems, or the technical delivery  systems of SteadyStack’s providers; 

(x) attempt to probe, scan or test the vulnerability of any  SteadyStack system or network or breach any security or  authentication measures; 

(xi) avoid, bypass, remove, deactivate, impair, descramble or  otherwise circumvent any technological measure  implemented by SteadyStack or any of SteadyStack providers  or any other third party (including another user) to protect the  Services; 

(xii) attempt to access or search the Services or download content  from the Services using any engine, software, tool, agent,  device or mechanism (including any robot, spider, crawler,  scraper, script, browser extension, offline reader, data mining  tools or the like) or other automated means or interface not  authorized by us to access the Services, extract data or  otherwise interfere with or modify the rendering of Services  pages or functionality other than the software and/or search  agents provided by SteadyStack or other generally available  third-party web browsers; 

(xiii) use data collected from our Services (including any personally  identifiable data) to contact individuals, companies, or other  persons or entities, or for any direct marketing activity  (including without limitation, email marketing, SMS marketing,  telemarketing, and direct marketing); 

(xiv) use the Services to engage in any lottery, bidding fee  auctions, contests, sweepstakes, or other games of chance; (xv) engage or assist in any activity that violates any law,  statute, ordinance, regulation, or sanctions program,  including but not limited to the U.S. Department of  Treasury’s Office of Foreign Assets Control (“OFAC”), or  that involves proceeds of any unlawful activity (including but  not limited to money laundering, terrorist financing or  deliberately engaging in activities designed to adversely affect  the performance of the Services); 

(xvi) engage in wash trading or other deceptive or manipulative  trading activities; 

(xvii) use the Services to carry out any financial activities subject to  registration or licensing, including but not limited to creating,  listing, or buying securities, commodities, options, real estate,  or debt instruments; 

(xviii) use the Services to participate in fundraising for a business,  protocol, or platform, including but not limited to creating,  listing, or buying assets that are redeemable for financial  instruments, assets that give owners the rights to participate 

in an ICO or any Securities offering, or assets that entitle  

owners to financial rewards, including but not limited to, DeFi  

(or decentralized finance) yield bonuses, staking bonuses,  

and burn discounts; 

(xix) send any unsolicited or unauthorized advertising, promotional  materials, email, junk mail, spam, chain letters or other form  

of solicitation; 

(xx) use the Services, or any portion thereof, for any commercial  purpose or for the benefit of any third party or in any manner  

not permitted by these Terms; 

(xxi) forge any TCP/IP packet header or any part of the header  information in any email or newsgroup posting, or in any way  

use the Services to send altered, deceptive or false source 

identifying information; 

(xxii) interfere with, or attempt to interfere with, the access of any  user, host or network, including, without limitation, sending a  

virus, overloading, flooding, spamming, or mail-bombing the  

Services; 

(xxiii) collect or store any personally identifiable information from the  Services from other users of the Services without their  

express permission; 

(xxiv) impersonate or misrepresent your affiliation with any person  or entity; 

(xxv) fabricate in any way any transaction or process related  thereto; 

(xxvi) disguise or interfere in any way with the IP address of the  computer you are using to access or use the Services or that  

otherwise prevents us from correctly identifying the IP  

address of the computer you are using to access the Services; 

(xxvii) transmit, exchange, or otherwise support the direct or indirect  proceeds of criminal or fraudulent activity; or 

(xxviii) otherwise use the Services for any illegal or unauthorized  purpose, or engage in, encourage or promote any activity that  

violates these Terms. 

SteadyStack is not obligated to monitor access to or use of the Services or to review or  edit any content. However, we have the right to do so for the purpose of operating the  Services, to ensure compliance with these Terms and to comply with applicable law or  other legal requirements. We reserve the right, but are not obligated, to remove or disable  access to any content, at any time and without notice, including, but not limited to, if we,  at our sole discretion, consider it objectionable or in violation of these Terms. We have  the right to investigate violations of these Terms or conduct that affects the Services. We  may also consult and cooperate with law enforcement authorities to prosecute users who  violate the law. 

1. HYPERLINKS

(a) You are granted a limited, revocable, nonexclusive, non-transferable right  to create a text hyperlink to the Services for non-commercial purposes,  provided that such link does not portray SteadyStack or our affiliates or any  of our products or services in a false, misleading, derogatory or otherwise  defamatory manner, and provided further that the linking site does not  contain any adult or illegal material or any material that is offensive,  harassing or otherwise objectionable. 

1. STEADYSTACK INTELLECTUAL PROPERTY 

(a) Unless otherwise indicated in writing by us, the Services and all content and  other materials contained therein, including, without limitation, the  SteadyStack logo and all designs, text, graphics, pictures, information, data,  software, sound files, other files and the selection and arrangement thereof  (collectively, “SteadyStack Content”) are the proprietary property of  SteadyStack or our affiliates, licensors or users, as applicable. You may not  use any SteadyStack Content to link to the Services without our express  written permission. You may not use framing techniques to enclose any  SteadyStack Content without our express written consent. 

(b) SteadyStack and its licensors exclusively own all right, title and interest in  and to the Services, including all associated intellectual property rights  therein. You acknowledge that the Services are protected by copyright,  trademark, and other laws of the United States and foreign countries. You  agree not to remove, alter or obscure any copyright, trademark, services  mark or other proprietary rights notices incorporated in or accompanying  the Services. 

(c) References to any other products, services, processes or other information  by name, trademark, manufacturer, supplier or otherwise on the Services  does not constitute or imply endorsement, sponsorship or recommendation  by SteadyStack. 

10.THIRD-PARTY SERVICES 

(a) Notwithstanding anything to the contrary in these Terms, the Services and  SteadyStack Content may include software components provided by  SteadyStack or its affiliates or a third-party that are subject to separate  license terms, in which case those license terms will govern such software  components. SteadyStack disclaims all liability with respect to such  components, including your use thereof. 

(b) The Services may contain links to third-party websites (“Third-Party  Websites”) and applications (“Third-Party Applications”). Such Third Party Websites and Third-Party Applications and are not under the control  of SteadyStack and SteadyStack is not responsible for any Third-Party  Websites or Third-Party Applications. SteadyStack provides these Third Party Websites and Third-Party Applications only as a convenience and  does not review, approve, monitor, endorse, warrant, or make any  representations with respect to Third-Party Websites or Third-Party  Applications, or their products or Services. You use all links in Third-Party 

Websites, and Third-Party Applications at your own risk. When you leave  our Services, our Terms and policies no longer govern. You should review  all applicable agreements and policies, including privacy and data gathering  practices, of any Third-Party Websites or Third-Party Applications, and  should make whatever investigation you feel necessary or appropriate  before proceeding with any transaction with any third party. You  acknowledge sole responsibility for and assume all risk arising from, your  use of any Third-Party Websites and Third-Party Applications. 

11.TERMINATION 

(a) Notwithstanding anything contained in these Terms, we reserve the right,  without notice and in our sole discretion, to suspend or terminate your right  to access or use the Services at any time and for any or no reason, and you  acknowledge and agree that we shall have no liability or obligation to you in  such event and that you will not be entitled to a refund of any amounts that  you have already paid to us or any third party, to the fullest extent permitted  by applicable law. You may disconnect your digital wallet at any time. 

(b) The following Sections will survive the expiration or termination of these  Terms and any termination, discontinuation or cancellation of the Services:  all defined terms and Sections 4(c)(ii), 5, 7, 9, 11, 12, 13, 15, 17, 18, and  19. 

12.INDEMNIFICATION 

(a) To the fullest extent permitted by applicable law, you agree to  indemnify, defend and hold harmless SteadyStack, and our respective  past, present and future employees, officers, directors, contractors,  consultants, equity holders, suppliers, vendors, service providers,  parent companies, subsidiaries, affiliates, agents, representatives,  predecessors, successors and assigns (individually and collectively,  the “SteadyStack Parties”), from and against all actual or alleged third  party claims, damages, awards, judgments, losses, liabilities,  obligations, penalties, interest, fees, expenses (including, without  limitation, attorneys’ fees and expenses) and costs (including, without  limitation, court costs, costs of settlement and costs of pursuing  indemnification and insurance), of every kind and nature whatsoever,  whether known or unknown, foreseen or unforeseen, matured or  unmatured, or suspected or unsuspected, in law or equity, whether in  tort, contract or otherwise (collectively, “Claims”), including, but not  limited to, damages to property or personal injury, that are caused by,  arise out of or are related to: (i) your access to or use of the Services;  (ii) your Feedback; (iii) your violation of these Terms, or breach of any  representation, warranty or covenant contained in these Terms; (iv)  your use or disposal of any NFTs; (v) your violation of the rights of a  third party or of applicable law; or (vi) any Claim that the NFT is, or  may be deemed, a Security under the laws of any jurisdiction. You  agree to promptly notify SteadyStack of any Claims and cooperate 

with the SteadyStack Parties in defending such Claims. You further  agree that the SteadyStack Parties shall have control of the defense  or settlement of any third-party Claims. You may not settle or  otherwise compromise any claim subject to this Section without  SteadyStack’ prior written approval. THIS INDEMNITY IS IN ADDITION  TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN  A WRITTEN AGREEMENT BETWEEN YOU AND STEADYSTACK. 

13.DISCLAIMERS 

(a) EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A  WRITING BY STEADYSTACK, THE SERVICES, STEADYSTACK  CONTENT CONTAINED THEREIN, AND ANY NFTS OR OTHER  CRYPTOCURRENCY ASSETS LISTED THEREIN ARE PROVIDED ON  AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR  CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.  STEADYSTACK (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT  THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE  AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE BASIS; OR (III) WILL BE ACCURATE, RELIABLE, COMPLETE,  LEGAL, OR SAFE. STEADYSTACK DISCLAIMS ALL OTHER  WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,  WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OF  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET  ENJOYMENT OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT  PERMITTED BY APPLICABLE LAW, AS TO THE SERVICES,  STEADYSTACK CONTENT CONTAINED THEREIN AND ANY NFTS  LISTED THEREIN. 

(b) WE FURTHER EXPRESSLY DISCLAIM ALL LIABILITY OR  RESPONSIBILITY IN CONNECTION WITH THIRD-PARTY SERVICES.  NOTHING HEREIN NOR ANY USE OF OUR SERVICES IN  CONNECTION WITH THIRD PARTY SERVICES CONSTITUTES OUR  ENDORSEMENT, RECOMMENDATION OR ANY OTHER AFFILIATION  OF OR WITH ANY THIRD-PARTY SERVICES. 

(c) STEADYSTACK DOES NOT REPRESENT OR WARRANT THAT ANY  CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE,  CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY  LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN  RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE  SERVICES. WHILE STEADYSTACK ATTEMPTS TO MAKE YOUR  ACCESS TO AND USE OF THE SERVICES AND ANY CONTENT  THEREIN SAFE, STEADYSTACK CANNOT AND DOES NOT  REPRESENT OR WARRANT THAT THE SERVICES, ANY CONTENT  THEREIN, ANY NFTS LISTED THEREIN, OR OUR SERVERS ARE FREE  OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT  GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE  ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF 

PROVIDING INFORMATION AND DEALING ONLINE OVER THE  INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY  BREACH OF SECURITY. 

(d) WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS  AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO  YOU FOR, ANY USE OF OR THE SERVICES AND/OR NFTS,  INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR  CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN  PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR  MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA  LOSS; (III) BLOCKCHAIN NETWORKS, CRYPTOCURRENCY  WALLETS OR CORRUPT FILES; (IV) UNAUTHORIZED ACCESS TO  THE SERVICES; OR (V) ANY THIRD PARTY ACTIVITIES, INCLUDING  WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING,  BRUTEFORCING OR OTHER MEANS OF ATTACK. 

(e) NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY  VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE  APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE  THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON  THE DECENTRALIZED LEDGER WITHIN SUCH BLOCKCHAIN  NETWORK. WE DO NOT GUARANTEE THAT STEADYSTACK OR ANY  STEADYSTACK PARTY CAN EFFECT THE TRANSFER OF TITLE OR  RIGHT IN ANY NFTS OR OTHER DIGITAL ASSETS, OR THAT ANY  ASSOCIATED PAYMENT WILL BE SUCCESSFUL. 

(f) YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY,  LEGITIMACY, AND AUTHENTICITY OF ASSETS YOU PURCHASE  THROUGH THE SERVICES. NOTWITHSTANDING INDICATORS AND  MESSAGES THAT SUGGEST VERIFICATION, STEADYSTACK MAKES  NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY  OF ASSETS ON THE SITE. 

(g) THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF  FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM  MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD,  UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR  OTHER ATTACKS, TECHNICAL FAILURE OF THE SERVICES AND/OR  TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND  THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED  WARRANTY REGARDING THE USE AND/OR AVAILABILITY,  ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE  SERVICES CAUSED BY SUCH FACTORS. WE DO NOT MAKE ANY  REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY  OF DELETION, MISDELIVERY OR FAILURE TO STORE  COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA. 

(h) SteadyStack is not responsible for sustained casualties due to  vulnerability or any kind of failure, abnormal behavior of software  (e.g., wallet, smart contract), blockchains or any other features of the 

NFTs. SteadyStack is not responsible for casualties due to late report  by developers or representatives (or no report at all) of any issues with  the blockchain supporting NFTs, including forks, technical node  issues or any other issues having fund losses as a result. 

(i) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF  CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE  DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU. 

14.ASSUMPTION OF RISK 

(a) You accept and acknowledge: 

(i) The prices and liquidity of cryptocurrency assets (including  any NFTs) are extremely volatile. Fluctuations in the price of  

other digital assets could materially and adversely affect the  

NFTs made available through the Services, which may also  

be subject to significant price volatility. We cannot guarantee  

that any Purchasers of NFTs will not lose money. 

(ii) You are solely responsible for determining what, if any, taxes  apply to your transactions through the Services. Neither  

SteadyStack nor any other SteadyStack affiliates is  

responsible for determining the taxes that apply to such  

transactions. 

(iii) Our Services do not store, send, or receive cryptocurrency  assets. This is because cryptocurrency assets exist only by  

virtue of the ownership record maintained on its supporting  

blockchain. Any transfer of cryptocurrency assets occurs  

within the supporting blockchain and not on the Services.  

Transactions in NFTs may be irreversible, and, accordingly,  

losses due to fraudulent or accidental transactions may not be  

recoverable. Some transactions in NFTs shall be deemed to  

be made when recorded on a public ledger, which is not  

necessarily the date or time that you initiated the transaction. 

(iv) There are risks associated with using an Internet based  currency, including but not limited to, the risk of hardware,  

software and Internet connections, the risk of malicious  

software introduction, and the risk that third parties may obtain  

unauthorized access to information stored within your wallet.  

You accept and acknowledge that SteadyStack will not be  

responsible for any communication failures, disruptions,  

errors, distortions or delays you may experience when using  

the Services for transactions, however caused. 

(v) A lack of use or public interest in the creation and  development of distributed ecosystems could negatively  

impact the development of those ecosystems and related  

applications, and could therefore also negatively impact the  

potential utility or value of a certain NFT.

(vi) The Services may rely on third-party platforms to perform  transactions with respect to any cryptocurrency assets. If we  

are unable to maintain a good relationship with such platform  

providers; if the terms and conditions or pricing of such  

platform providers change; if we violate or cannot comply with  

the terms and conditions of such platforms; or if any of such  

platforms loses market share or falls out of favor or is  

unavailable for a prolonged period of time, access to and use  

of the Services will suffer. 

(vii) There are risks associated with purchasing user generated  content, including but not limited to, the risk of purchasing  

counterfeit assets, mislabeled assets, assets that are  

vulnerable to metadata decay, assets on smart contracts with  

bugs, and assets that may become untransferable.  

SteadyStack reserves the right to hide collections, contracts,  

and assets affected by any of these issues or by other issues.  

Assets you purchase may become inaccessible on  

SteadyStack. Under no circumstances shall the inability to  

view your assets on SteadyStack serve as grounds for a claim  

against SteadyStack. 

(viii) By accessing and using the Services, you represent that you  understand the inherent risks associated with using  

cryptographic and blockchain-based systems, and that you  

have a working knowledge of digital assets. Such systems  

may have vulnerabilities or other failures, or other abnormal  

behavior. SteadyStack is not responsible for any issues with  

the Blockchains, including forks, technical node issues or any  

other issues having fund losses as a result. You acknowledge  

that the cost and speed of transacting with cryptographic and  

blockchain-based systems such as Ethereum are variable  

and may increase at any time. You further acknowledge the  

risk that your digital assets may lose some or all of their value  

while they are supplied to or from the Services. You further  

acknowledge that 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 the  

Services. Accordingly, you understand and agree to assume  

full responsibility for all of the risks of accessing and using and  

interacting with the Services. 

(ix) You acknowledge that the Services and SteadyStack Content  contained on the Platform are not financial advice, legal or  

professional advice and are purely for educational purposes.  

Please consult a professional financial advisor prior to making  

any financial decisions. 

15.LIMITATION OF LIABILITY

(a) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL  STEADYSTACK NOR ITS SERVICE PROVIDERS INVOLVED IN  CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE  TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY  INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL  OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST  REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS  OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER  DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE  SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH  THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE  SERVICES OR NFTS, WHETHER BASED ON WARRANTY, CONTRACT,  TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY  OTHER LEGAL THEORY, EVEN IF FORESEEABLE AND EVEN IF  STEADYSTACK OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED  OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED  REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS  ESSENTIAL PURPOSE. ACCESS TO, AND USE OF, THE SERVICES,  THE NFTS, STEADYSTACK CONTENT, OR ANY OTHER  STEADYSTACK PRODUCTS OR THIRD-PARTY SITES AND  PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU  WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR  COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA  RESULTING THEREFROM. 

(b) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED  HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY  OF STEADYSTACK AND ITS AGENTS, REPRESENTATIVES, AND  AFFILIATES ARISING OUT OF OR IN ANY WAY RELATED TO THESE  TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES  OR NFTS EXCEED THE AMOUNTS YOU HAVE PAID TO  STEADYSTACK FOR USE OF THE SERVICES OR ONE HUNDRED  UNITED STATES DOLLARS ($100), IF YOU HAVE NOT HAD ANY  PAYMENT OBLIGATIONS TO STEADYSTACK, AS APPLICABLE. 

(c) Some jurisdictions do not allow the exclusion or limitation of incidental or  consequential damages, so the above limitation or exclusion may not apply  to you. Some jurisdictions also limit disclaimers or limitations of liability for  personal injury from consumer products, so this limitation may not apply to  personal injury claims. 

(d) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH  ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE  BARGAIN BETWEEN STEADYSTACK AND YOU. 

16.MODIFICATIONS TO THE SERVICES 

(a) We reserve the right in our sole discretion to modify, suspend or  discontinue, temporarily or permanently, the Services (or any features or  parts thereof) at any time and without liability therefore.

17.DISPUTE RESOLUTION; ARBITRATION 

(a) Dispute Resolution. Please read the following arbitration agreement in  this Section (“Arbitration Agreement”) carefully. It requires you to  arbitrate disputes with SteadyStack and limits the manner in which you can  seek relief from us. This Arbitration Agreement will survive the termination  of your relationship with SteadyStack. 

(b) Informal Resolution of Disputes. You and SteadyStack must first  attempt to resolve any dispute, claim or controversy arising out of or  relating to these Terms or the breach, termination, enforcement,  interpretation or validity thereof or the use of the Services  (collectively, “Disputes”) informally. Accordingly, neither you nor  SteadyStack may start a formal arbitration proceeding for at least sixty (60)  days after one party notifies the other party of a claim in writing.  

(c) Mandatory Arbitration of Disputes. We each agree that any Dispute will  be resolved solely by binding, individual arbitration and not in a class,  representative or consolidated action or proceeding. You and  SteadyStack agree that the laws of the British Virgin Islands govern  the interpretation and enforcement of these Terms, and that you and  SteadyStack are each waiving the right to a trial by jury or to  participate in a class action. This arbitration provision shall survive  termination of these Terms. 

(d) Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services, to any  products sold or distributed through the Services, or to any aspect of your  relationship with SteadyStack, will be resolved by binding arbitration, rather  than in court, except that (i) you may assert claims in small claims court if  your claims qualify; and (ii) you or SteadyStack may seek equitable relief in  court for infringement or other misuse of intellectual property rights (such as  trademarks, trade dress, domain names, trade secrets, copyrights, and  patents). 

(e) Arbitration Rules and Forum. The Federal Arbitration Act governs the  interpretation and enforcement of this Arbitration Agreement. The  arbitration will be conducted by the American Arbitration Association  (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then  in effect, except as modified by these Terms. The AAA Rules are  available at www.adr.org or by calling 1-800-778-7879. A party who  wishes to start arbitration must submit a written Demand for  Arbitration to AAA and give notice to the other party as specified in  the AAA Rules. The AAA provides a form Demand for Arbitration  at www.adr.org. Any arbitration hearings will take place in the county (or  parish) where you live, unless we both agree to a different location. The  parties agree that the arbitrator shall have exclusive authority to decide all  issues relating to the interpretation, applicability, enforceability and scope  of this arbitration agreement.

(f) Arbitration Costs. Payment of all filing, administration and arbitrator fees  will be governed by the AAA Rules, and we won’t seek to recover the  administration and arbitrator fees we are responsible for paying, unless the  arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay  all of our attorneys’ fees and costs and won’t seek to recover them from  you. If you prevail in arbitration you will be entitled to an award of attorneys’  fees and expenses to the extent provided under applicable law. 

(g) Authority of Arbitrator. The arbitrator shall have exclusive authority to (i)  determine the scope and enforceability of this Arbitration Agreement and (ii)  resolve any dispute related to the interpretation, applicability, enforceability  or formation of this Arbitration Agreement including, but not limited to any  claim that all or any part of this Arbitration Agreement is void or voidable.  The arbitration will decide the rights and liabilities, if any, of you and  SteadyStack. The arbitration proceeding will not be consolidated with any  other matters or joined with any other cases or parties. The arbitrator shall  have the authority to grant motions dispositive 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 arbitral forum’s rules, and the Terms (including the  Arbitration Agreement). The arbitrator shall issue a written award and  statement of decision describing the essential findings and conclusions on  which the award is based, including the calculation of any damages  awarded. The arbitrator has the same authority to award relief on an  individual basis that a judge in a court of law would have. The award of the  arbitrator is final and binding upon you and us. 

(h) Injunctive and Declarative Relief. Except as provided in Section 17(d)  above, the arbitrator shall determine all issues of liability on the merits of  any claim asserted by either party and may award declaratory or injunctive  relief only in favor of the individual party seeking relief and only to the extent  necessary to provide relief warranted by that party’s individual claim. To the  extent that you or we prevail on a claim and seek public injunctive relief (that  is, injunctive relief that has the primary purpose and effect of prohibiting  unlawful acts that threaten future injury to the public), the entitlement to and  extent of such relief must be litigated in a civil court of competent jurisdiction  and not in arbitration. The parties agree that litigation of any issues of public  injunctive relief shall be stayed pending the outcome of the merits of any  individual claims in arbitration. 

(i) Waiver of Jury Trial. YOU AND STEADYSTACK HEREBY WAIVE ANY  CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND  HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and SteadyStack  are instead electing that all claims and disputes shall be resolved by  arbitration under this Arbitration Agreement, except as specified in Section  17(d) above. 

(j) Waiver of Class Actions or Other Non-Individualized Relief. ALL  CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION  AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND 

NOT ON A OR COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF  IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR  USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE  OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating  that applicable law precludes enforcement of any part of this  subsection’s limitations as to a given claim for relief, then that claim  must be severed from the arbitration and brought in the British Virgins  Islands, and each party consents to the exclusive jurisdiction of those  courts. All other claims shall be arbitrated. 

(k) Severability. Except as provided in Section 17(j), if any part or parts of this  Arbitration Agreement are found under the law to be invalid or  unenforceable, then such specific part or parts shall be of no force and  effect and shall be severed and the remainder of the Arbitration Agreement  shall continue in full force and effect. 

18.GOVERNING LAW AND VENUE 

(a) These Terms and your access to and use of the Services and SteadyStack  Content will be governed by and construed and enforced in accordance with  the laws of the British Virgin Islands, without regard to or application of its  conflict of laws rules. The parties hereby agree to submit to the jurisdiction  of, and agree that venue is proper in those courts in any such legal action  or proceeding. Any dispute between the parties that is not subject to  arbitration or cannot be heard in small claims court, shall be resolved in the  jurisdiction of the British Virgin Islands and each party consents to the  exclusive jurisdiction of those courts. 

19.MISCELLANEOUS 

(a) These Terms constitute the entire and exclusive understanding and  agreement between you and SteadyStack relating to your access to and  use of the Services and SteadyStack Content, and supersede any and all  prior and contemporaneous oral and written discussions agreements, and  understandings of any kind. Except where provided by applicable law in  your jurisdiction, you may not assign or transfer these Terms, by operation  of law or otherwise, without SteadyStack’s prior written consent. Any  attempt by you to assign or transfer these Terms absent our consent or your  statutory right, without such consent, will be null. SteadyStack may freely  assign or transfer these Terms without restriction. Subject to the foregoing,  these Terms will bind and inure to the benefit of the parties, their successors  and permitted assigns. Any notices or other communications provided by  SteadyStack under these Terms will be given: (i) via email; or (ii) by posting  to the Services. For notices made by email, the date of receipt will be  deemed the date on which such notice is transmitted. SteadyStack’s failure  to assert any right or provision under these Terms shall not constitute a  waiver of such right or provision. The waiver of any such right or provision  will be effective only if in writing and signed by a duly authorized  representative of SteadyStack. Except as expressly set forth in these 

Terms, the exercise by either party of any of its remedies under these Terms  will be without prejudice to its other remedies under these Terms or  otherwise. If any term, clause or provision of these Terms is held invalid or  unenforceable, then that term, clause or provision will be severable from  these Terms and will not affect the validity or enforceability of any remaining  part of that term, clause or provision, or any other term, clause or provision  of these Terms. 

21.CONTACT INFORMATION 

(a) If you have any questions or would like more information about SteadyStack  and/or the Services, please contact us via our Discord channel or email us  at support@steadystacknft.com.