Date last updated: January 6, 2025
Version: 1.2
These Shardeum Terms and Conditions (the “Agreement”) between “you” and the Shardeum Foundation, a Switzerland foundation, (“Shardeum,” “we,” “us” and “our”) governs your access and use of https://shardeum.org (the “Site”) and any websites, software, technologies, features, and any other online products and services (collectively, the “Services”) provided or made available by Shardeum or any of its affiliates or subsidiaries.
BY USING THE SERVICES OR ACCEPTING THIS AGREEMENT, YOU KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO:
See Section (K) for additional information regarding disputes.
By accessing or using the Site or Services in any way, or by expressly accepting this Agreement by checkbox or otherwise, you agree that you have read, understand, and accept all terms and conditions contained in this Agreement, including our “Privacy Policy” which is available at https://shardeum.org/privacy and which is hereby incorporated by reference. This Agreement constitutes a legally binding contract between you and Shardeum. You may have to agree to additional terms and
conditions to use certain Services as provided from time to time.
We may amend or modify this Agreement or our Privacy Policy at any time by posting the revised version on the Site or Services and/or by providing a copy to you (a “Revised Agreement”). The Revised Agreement shall be effective as of the time it is posted. Your continued use of the Site or Services after the posting of a Revised Agreement constitutes your acceptance of such Revised Agreement.
If you do not agree with this Agreement or any Revised Agreement, your sole and exclusive remedy is to
terminate your use of the Site and Services.
Please refer to our Privacy Policy (at https://shardeum.org/privacy) for more details on the information
and data that Shardeum may collect, use and disclose and under what circumstances. You acknowledge and agree that your use or access to the Site or Services is subject to our Privacy Policy, which you accept
without limitation.
Like many other websites, we use cookies and other tracking technologies (such as pixels and web beacons) (collectively, “Cookies“). Cookies are small files of information that are stored by your web browser software on your computer hard drive, mobile or other devices (e.g., smartphones or tablets). To
understand how we use Cookies, please refer to Section [D] of our Privacy Policy.
Users have the right to manage Cookie settings and withdraw consent at any time. You can adjust your
Cookie settings directly on the Site by visiting the footer upon first login.
We grant you a limited, nonexclusive, revocable, nontransferable license to use the Site and Services that
we or our affiliates or subsidiaries provide to access and use the Services solely for lawful purposes, subject to the terms of this Agreement, provided that you retain any applicable license or proprietary
notice (as applicable). We reserve all rights not expressly granted to you by this Agreement. We reserve
the right to terminate or limit this license or your access to the Site or Services without notice for any
reason in our sole discretion.
Subject to any other applicable license, you agree you will not copy, transmit, distribute, sell, license,
reverse engineer, modify, publish, create derivative works from, or in any other way exploit the Site or
Services, in whole or in part, without the prior written consent of Shardeum.
Except as expressly consented to by Shardeum in writing, you will not:
The Site and Services may provide a means of access to a blockchain network and/or blockchain tokens. Except for tokens it holds, Shardeum does not own or control any blockchain, and cannot be held liable
for any resulting losses experienced while accessing a blockchain. YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE SITE, SERVICES AND ANY BLOCKCHAIN.
The Site and Services may include integrations, links or other access to third party services, websites,
technologies, content and resources (each a “Third-Party Service”). Your access and use of any Third-
Party Service may be subject to additional terms and conditions, privacy policies or other agreements with
such third party. We have no control over, we do not endorse, and we and are not responsible for Third-
Party Services, including for the accuracy, availability, reliability, or completeness of information or
services shared or made available through Third-Party Services. We encourage you to review the privacy
policies and terms of use of Third-Party Services prior to using such services. If you decide to access or
use any Third-Party Services, you do so entirely at your own risk and subject to their terms and
conditions. Any use or access to the Site or Services through a Third-Party Service is subject to this
Agreement.
Shardeum will not be responsible for any costs, expenses or losses associated with your use of any Third-
Party Service. Any integration of a Third-Party Service does not imply an endorsement, recommendation
or guarantee. Any dealings you have with third parties is strictly between you and that third party. We
will not be responsible or liable, directly or indirectly, or any damage or loss caused by or in connection
with use or reliance on any Third-Party Service.
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF EACH OF OUR SITE AND SERVICES IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT ACCESS WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR SECURE; THAT THE INFORMATION OR DATA WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR THAT THE SITE OR SERVICES WILL BE FREE FROM ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL ELEMENTS. NO ADVICE, INFORMATION, OR STATEMENT THAT WE MAKE SHOULD BE TREATED AS CREATING ANY WARRANTY. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES.
ALTHOUGH WE MAY CONTRIBUTE SOFTWARE CODE, WE DO NOT OWN OR CONTROL ANY BLOCKCHAIN, WHICH IS RUN AUTONOMOUSLY BY SMART CONTRACTS. UPGRADES, MAINTENANCE AND MODIFICATIONS TO BLOCKCHAINS ARE GENERALLY MANAGED BY ITS COMMUNITY. NO DEVELOPER OR ENTITY INVOLVED IN CREATING THE SITE OR SERVICES WILL BE LIABLE FOR ANY CLAIMS OR DAMAGES WHATSOEVER ASSOCIATED WITH YOUR USE, INABILITY TO USE, OR YOUR INTERACTION WITH OTHER USERS OF, ANY BLOCKCHAIN, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, CRYPTOCURRENCIES, TOKENS, OR ANYTHING ELSE OF VALUE. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, PRODUCTS OR SERVICES FROM THIRD PARTIES. ANY PAYMENTS OR FINANCIAL TRANSACTIONS THAT YOU ENGAGE IN WILL MAY PROCESSED VIA AUTOMATED SMART CONTRACTS. ONCE EXECUTED, WE HAVE NO CONTROL OVER THESE PAYMENTS OR TRANSACTIONS, NOR DO WE HAVE THE ABILITY TO REVERSE ANY PAYMENTS OR TRANSACTIONS.
THIS AGREEMENT IS NOT INTENDED TO, AND DOES NOT, CREATE OR IMPOSE ANY FIDUCIARY DUTIES ON US. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT WE OWE NO FIDUCIARY DUTIES OR LIABILITIES TO YOU OR ANY OTHER PARTY, AND TO THE EXTENT ANY SUCH DUTIES OR LIABILITIES MAY EXIST AT LAW OR IN EQUITY, THOSE DUTIES AND LIABILITIES ARE HEREBY
IRREVOCABLY DISCLAIMED, WAIVED, AND ELIMINATED. YOU FURTHER AGREE THAT THE ONLY DUTIES AND OBLIGATIONS THAT WE OWE YOU ARE THOSE SET OUT EXPRESSLY IN THIS AGREEMENT.
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS SET FORTH ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SHARDEUM AND YOU.
THIS SECTION H WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
UNDER NO CIRCUMSTANCES SHALL SHARDEUM OR ANY OF OUR AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, INTANGIBLE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL OR REPUTATION, USE, DATA LOSS OR CORRUPTION, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICES, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR SERVICES, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH ANY AUTHORIZED OR UNAUTHORIZED USE OF ANY OF THE SITE, SERVICES OR THIS
AGREEMENT, EVEN IF SHARDEUM OR ITS REPRESENTATIVE HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS OR USE OF THE SITE OR SERVICES; (C) UNAUTHORIZED
ACCESS OR USE OF ANY SECURE SERVER OR DATABASE IN OUR CONTROL, OR THE USE OF ANY INFORMATION OR DATA STORED THEREIN; (D) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO THE SITE OR SERVICES; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED; (F) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, ANY CONTENT MADE AVAILABLE; AND (G) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIRD-PARTY SERVICES, SOFTWARE, PRODUCTS, SERVICES, DATA, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD PARTIES AND ACCESSED THROUGH OUR SITE, SERVICES OR ANY BLOCKCHAIN.
IN NO EVENT SHALL THE TOTAL LIABILITY OF SHARDEUM, ITS AFFILIATES SUBSIARIDIES AGENTS AND LICENSORS FOR ANY DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SHARDEUM AND YOU.
THIS SECTION I WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
You agree to release and hold harmless, defend, and indemnify Shardeum, our affiliates, subsidiaries and
those parties’ respective officers, directors, employees, contractors, agents, service providers, licensors,
and representatives, including any successors and assigns, (collectively, the ” Shardeum Parties“) from
and against all claims, damages, obligations, losses, liabilities, costs, and expenses of every kind and
nature (including reasonable attorney’s fees) arising from or relating to: (a) your access and use of the Site
or Services; (b) your violation of any term or condition of this Agreement, the right of any third party, or
any other applicable law, rule, or regulation; (c) any other party’s access and use of the Site or Services
with your assistance or using any device or account that you own or control; and (d) any dispute between
you and (i) Shardeum or any other user of any of the Site or Services, or (ii) any of your own customers
or users. We will provide notice to you of any such claim, suit, or proceeding. We reserve the right to
assume the exclusive defense and control of any matter which is subject to indemnification under this
section, and you agree to cooperate with any reasonable requests assisting our defense of such matter.
You may not settle or compromise any claim against any Shardeum Party without our written consent.
You expressly agree that you assume all risks in connection with your access and use of the Site or
Services. You further expressly waive and release us from any and all liability, claims, causes of action,
or damages arising from or in any way relating to your use of the Site or Services. If you are a California
resident, you waive the benefits and protections of California Civil Code § 1542, which provides: “[a]
general release does not extend to claims that the creditor or releasing party does not know or suspect to
exist in his or her favor at the time of executing the release and that, if known by him or her, would have
materially affected his or her settlement with the debtor or released party.”
We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If
a potential dispute arises, you must contact us by sending an email to [email protected] so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren’t able to reach an
informal resolution within sixty (60) days of your email, then you and we both agree to resolve the
potential dispute according to the process set forth below.
Any dispute, controversy, or claim arising out of or in connection with the Site, Services or this
Agreement, including any question regarding its existence, validity, termination, breach, interpretation,
performance or arbitrability (a “Dispute“), shall be referred to and finally resolved by arbitration in
accordance with the Arbitration Rules of the Dubai International Arbitration Centre (DIAC) (the
“Rules“), which Rules are deemed to be incorporated by reference hereto. The seat (legal place) of
arbitration shall be Dubai, United Arab Emirates. The language of the arbitration shall be English. The
arbitral tribunal shall consist of three (3) arbitrators. Each party shall nominate one arbitrator, and the two
arbitrators so appointed shall appoint a third arbitrator who shall act as the presiding arbitrator. If either
party fails to nominate an arbitrator within thirty (30) days of receiving notice of the nomination of an
arbitrator by the other party, or if the two arbitrators fail to agree on the presiding arbitrator within thirty
(30) days of their appointment, such arbitrator(s) shall be appointed by the DIAC. The arbitral tribunal
shall have the power to grant any legal or equitable remedy or relief available under law, including
injunctive relief (whether interim or final), specific performance, and any other relief that would be
available in any legal proceeding. The arbitral award shall be final and binding upon the parties and shall
be enforceable in any court of competent jurisdiction. The parties hereby waive irrevocably their right to
any form of appeal, review, or recourse to any court or other judicial authority, to the extent that such
waiver may be validly made. This arbitration agreement shall be governed by and construed in
accordance with the laws of the United Arab Emirates. The parties agree to keep confidential all matters
relating to the arbitration, including all documents exchanged or produced during the proceedings, as well as the arbitration proceedings themselves and the arbitral award, except as may be required by applicable law or for the purpose of enforcement of the arbitral award. Nothing in this arbitration provision shall prevent either party from seeking interim or conservatory measures from any court of competent jurisdiction before the constitution of the arbitral tribunal. The parties agree that any arbitration proceedings commenced pursuant to this arbitration provision shall be consolidated with any other arbitration proceedings commenced under this Agreement if the disputes in the proceedings arise from the same or substantially the same transactions, relationships, or events. Each party shall be responsible for its own costs and expenses arising from the arbitration, except as may otherwise be determined by the Arbitrator.
You must bring any and all Disputes against us in your individual capacity and not as a plaintiff in or
member of any purported class action, collective action, private attorney general action, or mass action or
other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury. Without limiting the foregoing, this Section does not prevent
you or Shardeum from participating in a class-wide settlement of claims.
One or more of the Site or Services may not be available or appropriate for use in your jurisdiction or by you. By accessing or using the Site or Services, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. Shardeum does not provide legal, investment or tax advice.
Your use of our Site or Services may result in various tax consequences in certain jurisdictions, including but not limited to income or capital gains tax, value-added tax, goods and services tax, or sales tax. It is your responsibility to determine whether taxes apply to you, and if so to report and/or remit the correct tax to the appropriate tax authority.
You may not assign or transfer this Agreement, or any rights or licenses granted hereunder, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement without our prior written consent shall be null and void. We may freely assign or transfer this Agreement, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. If we are acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected as part of such merger, acquisition, sale, or other change of control.
Shardeum’s failure to enforce any right or provision of this Agreement will not be considered 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 Shardeum. Except as expressly set forth in this Agreement, the exercise by Shardeum of any of its remedies under this Agreement will be without prejudice to its other remedies herein.
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
To access or use our Site or Services, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction (e.g., 18 years old in the United States) and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may represent or act on behalf of. If you are entering into this Agreement on behalf of an entity, you represent to us that you have the legal authority to bind such entity to this Agreement. There are certain features which may or may not be available to you depending on your location and other criteria.
Nothing herein shall constitute an employment, consultancy, joint venture, or partnership relationship between you and Shardeum or any of its affiliates or subsidiaries.
Your use of electronic signatures, by way of clicking a checkbox or otherwise, to sign or accept this Agreement legally binds you in the same manner as if you had manually signed such documents. If you sign electronically, by checkbox or otherwise, you represent that you have the ability to access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means. You are obligated to review the Site periodically for changes and modifications and agree not to contest the admissibility or enforceability of the Site’s electronically stored copy of this Agreement in any Dispute or proceeding arising out of this Agreement. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to you in writing.
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications“) that we provide in connection with your use of the Site or Services, including but not limited to (a) this Agreement and our Privacy Policy; (b) legal, regulatory, and tax disclosures or statements we may be required to make available to you; (c) responses to claims or customer support inquiries; and (d) any other applicable Communication. We may provide these Communications to you by posting them on the Site or Services, emailing them to you, communicating to you via the Site or Services, and/or through other electronic communication means. To access and retain electronic Communications, you will need a computer with an internet connection that has a current web
browser with cookies enabled and sufficient storage space, 128-bit encryption, and a current and valid email address. For certain Communications you may also need software to view PDF files. You agree that you are solely responsible for maintaining such equipment and services required for online access. You may withdraw your consent to receive Communications electronically by contacting us at [email protected]. It is your responsibility to provide us with true, accurate and complete contact information, and to keep such information up to date. You understand and agree that if we send you an electronic Communication but you do not receive it because your information is incorrect, out of date, blocked by a service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you. For us to send paper copies to you, you must have a current street address on file with us. Any request for a paper copy of a Communication is limited to that individual piece of Communication and won’t affect your consent to receive any other Communications electronically. We may charge you fees for any paper copies of Communications.
This Agreement shall be governed by and construed in accordance with the laws of Switzerland. Any Dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the United Arab Emirates (UAE). The parties irrevocably submit to the jurisdiction of the courts of the UAE and waive any objection to proceedings on the grounds of venue or that such proceedings have been brought in an inappropriate forum.
Our Site and Services are designed with accessibility features to help ensure they are accessible to everyone. If you have a disability or need assistance accessing any portion of our website, please contact us at [email protected].
All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including but not limited to, sections pertaining to No Warranties, Limitation of Liability, Dispute Resolution, Arbitration, Class Action and Jury Trial Waivers, Taxes, Compliance, Intellectual property, and other provisions that by their nature should persist expiration or termination of this Agreement, shall survive any termination or expiration of this Agreement.
We shall not be liable for any error, delay, loss, failure or damage arising, directly or indirectly, from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, extraordinary weather conditions, an act of God, an act of civil or military authorities, acts of terrorists, civil disturbance, war, insurrection, riot, accident, an action of government, a strike or other labor dispute, fire, interruption in telecommunications or internet services or network provider services, failure of power or equipment or software, pandemic, or any other catastrophe or other occurrence which is beyond our reasonable control.
The section titles in this agreement are for convenience only and have no legal or contractual effect. Use of the word ‘including’ will be interpreted to mean ‘including without limitation.’
If you have questions or concerns regarding this Agreement, or if you have a complaint, please contact us [email protected].
This Agreement and our Privacy Policy constitutes the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms, the Site and Services.