These terms and conditions of use (the "Agreement") explain the terms and conditions by which you may access and use website-hosted user interfaces, including https://lseth.xyz and https://lssol.xyz (the "Interfaces") provided by the Liquid Foundation ("Foundation", "we", "our", or "us"). The Interfaces provides access to decentralized protocols (the "Protocols") on blockchains, including Ethereum and Solana, that allow you to stake tokens, including Ether ("ETH") and Sol ("SOL"), through the Protocols and obtain cryptographic tokens ("LsTokens"), including LsETH and LsSOL, that evidence your ownership of the tokens committed as stake on these networks.
You must read this Agreement carefully. This Agreement contains important information, including a binding arbitration provision and a class action waiver, both of which impact your rights as to how disputes are resolved. The Interfaces are only available to you — and you should only access and use the Interfaces— if you agree completely with this Agreement. By accessing or using the Interfaces, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Interfaces, and you should stop accessing and using the Interfaces.
The Interfaces are distinct from the Protocols and are one, but not the exclusive, interfaces to the Protocols. The Protocols consist of source-available smart contracts that are deployed on public blockchains.
By using an Interface, you understand and acknowledge that:
To access the Interfaces, you must use wallet software that allows you to interact with public blockchains. Your relationship with that wallet provider is governed by the applicable terms of service between you and the wallet provider. We do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents.
We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any modifications, we will notify you by updating the date at the top of the Agreement and by maintaining a current version of the Agreement at https://liquidcollective.io/ui/terms-of-service. All modifications will be effective when they are posted, and your continued use of the Interface will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using the Interface.
To access or use an Interface, you must control an address that has been added to the relevant Protocol's list of allowed addresses (the "Allowlist") by an authorized platform (a "Platform"). We do not add addresses to the Allowlist, and so you must contact a Platform if you wish to have your address added to the Allowlist. In addition, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least eighteen years old 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 access or use an Interface. You further represent that you are not a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the United States, the United Kingdom or the European Union, and that you are not acting on behalf of such a citizen, resident or member. By accessing or using an Interface, you agree that you will not use the Interface to engage in, conduct, facilitate or promote any illegal activity or otherwise to violate any applicable law. You further agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you in connection with your access and use of the Interface.
We or our licensors own all intellectual property and other rights in the Interfaces and its contents, including (but not limited to) software, text, images, trademarks, service marks, copyrights, patents, and designs. Unless expressly authorized by us, you may not copy, modify, adapt, rent, license, sell, publish, distribute, or otherwise permit any third party to access or use an Interface or any of its contents. Provided that you are eligible, you are hereby granted a single, personal, limited license to access and use the Interfaces. This license is non-exclusive, non-transferable, and freely revocable by us at any time without notice or cause. Use of the Interfaces or their contents for any purpose not expressly permitted by this Agreement is strictly prohibited. Unlike the Interfaces, the Protocols are software running on public blockchain networks and are not our proprietary property.
Please refer to our Privacy Notice for information on our collection and processing of personal information or personal data. By accessing and using an Interface, you understand and consent to our collection, use, processing and disclosure of your personal information and personal data. We cannot guarantee that unauthorized third parties will never be able to obtain or use your personal information or personal data for improper purposes. You acknowledge that you provide your personal data and personal information at your own risk.
You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of an Interface:
All information provided by the Interfaces is for informational purposes only and should not be construed as financial, investment or other professional advice. Before you make any financial, legal, or other decisions involving the Interfaces, you should seek independent professional advice from an individual who is qualified in the area for which such advice would be appropriate. You agree and understand that any transactions entered into in connection with your use of the Interfaces are considered unsolicited, which means that they are solely initiated by you, and you have not received any investment advice from us in connection with any such 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 that 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.
The Interfaces are purely non-custodial applications, meaning we do not ever have custody, possession, or control of your digital assets at any time. It further means you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold and you should never share your wallet credentials or seed phrase with anyone. We accept no responsibility for, or liability to you, in connection with your use of a wallet or wallet software and make no representations or warranties regarding how the Interfaces will operate with any specific wallet software. You are solely responsible for any wallet or wallet software that you use in connection with the Interfaces, including reviewing any transactions prior to signing and broadcasting them to a blockchain network using wallet software. We are not liable for any acts or omissions by you in connection with or as a result of your wallet or wallet software being compromised.
The Interface may contain links to third-party websites and services (collectively, "Third-Party Links"). Such Third-Party Links are not under the control of the Foundation, and the Foundation is not responsible for any Third-Party Links. The Foundation provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.
Your use of the Interfaces and the Protocols may result in various tax consequences, such as income or capital gains tax, value-added tax, goods and services tax, or sales tax in certain jurisdictions. You understand and agree that it is your responsibility to determine whether taxes apply to any transactions you initiate or receive and, if so, to report and/or remit the correct tax to the appropriate tax authority.
Blockchain transactions require the payment of transaction fees ("Transaction Fees"). You understand and agree that you are solely responsible to pay the Transaction Fees for any transaction that you initiate in connection with your use of an Interface.
Subject to this Section, this Agreement will remain in full force and effect while you use an Interface. We reserve the right to terminate or suspend your access to an Interface, with or without notice, for any reason, including but not limited to a violation of this Agreement, any illegal or unauthorized use of an Interface, or any conduct that we determine is harmful to an Interface or its users. Upon termination, all provisions of this Agreement that by their nature should survive termination will remain in effect.
The Interfaces 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 and fitness for a particular purpose. You acknowledge and agree that your use of an Interface is at your own risk. We do not represent or warrant that access to the Interfaces will be continuous, uninterrupted, timely, or secure; that the information contained in the Interfaces will be accurate, reliable, complete, or current; or that the Interfaces 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 concerning the Interfaces. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Interface.
SIMILARLY, THE PROTOCOLS ARE AVAILABLE "AS IS", AT YOUR OWN RISK, AND WITHOUT WARRANTIES OF ANY KIND. WE DO NOT OWN OR CONTROL THE PROTOCOLS, WHICH ARE RUN AUTONOMOUSLY BY SMART CONTRACTS DEPLOYED ON BLOCKCHAIN NETWORKS. NO DEVELOPER OR ENTITY INVOLVED IN CREATING THE PROTOCOLS WILL BE LIABLE FOR ANY CLAIMS OR DAMAGES WHATSOEVER ASSOCIATED WITH YOUR USE, INABILITY TO USE, OR YOUR INTERACTION WITH OTHER USERS OF, THE PROTOCOLS, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, CRYPTOCURRENCIES, TOKENS, OR ANYTHING ELSE OF VALUE.
ANY TRANSACTIONS THAT YOU ENGAGE IN WILL BE PROCESSED VIA AUTOMATED SMART CONTRACTS. WE HAVE NO CONTROL OVER THESE TRANSACTIONS, NOR DO WE HAVE THE ABILITY TO REVERSE ANY TRANSACTIONS.
By accessing and using the Interfaces, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as ETH, SOL and the Protocols, including the process of staking on blockchain networks. You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time. You further acknowledge the risk that tokens staked using the Protocols may lose some or all of its value while they are staked. You further acknowledge that we are not responsible for any of these risks, do not own or control the Protocols, and cannot be held liable for any resulting losses that you experience while accessing or using the Interfaces. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Interfaces and interacting with the Protocols.
You expressly agree that you assume all risks in connection with your access and use of the Interfaces and your interaction with the Protocols. 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 Interfaces and your interaction with the Protocols.
You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, licensors and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of the Interfaces; (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; and (c) any other party's access and use of the Interfaces with your assistance or using any device or account that you own or control.
Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, licensors or subsidiaries be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of the Interfaces, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Interface or the information contained within it. We assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access or use of the Interfaces; (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 Interfaces; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Interfaces; (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Interfaces; and (g) the defamatory, offensive, or illegal conduct of any third party. Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding $100.00. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in this Agreement may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.
Before initiating arbitration or legal proceedings, you and we agree to attempt to resolve any claim or controversy arising out of or relating to the Interface, this Agreement, or any other acts or omissions for which you may contend that we are liable ("Dispute"), by informal negotiation. A party that wishes to resolve a Dispute, must send a written notice of such Dispute, and the desired resolution, to the other party ("Dispute Notice") at their nominated notice address. Our notice address is legal@liquidcollective.io. Your notice address is the email address you provide to us. We and you agree to engage in good faith discussions to resolve any Dispute Notice within thirty (30) days of receipt. If the Dispute is not resolved within this period, either party may proceed with arbitration as outlined in this section of the Agreement. The informal dispute resolution process outlined in this section does not apply to disputes involving our intellectual property rights or requests for injunctive relief.
Subject to the foregoing any Dispute, together with any claim or controversy as to arbitrability, shall be finally and exclusively settled by arbitration under the JAMS Optional Expedited Arbitration Procedures. You understand that you are required to resolve all Disputes by binding arbitration. The arbitration shall be held on a confidential basis before a single arbitrator, who shall be selected pursuant to JAMS International Arbitration Rules. The arbitration will be held in London, United Kingdom, unless you and we both agree to hold it elsewhere. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. The arbitrator has the authority to provide any remedy or relief that a court of competent jurisdiction could award, including injunctive relief. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
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 other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury.
You agree that the laws of the Cayman Islands, without regard to principles of conflict of laws, govern this Agreement and any Dispute between you and us. You further agree that the Interfaces shall be deemed to be based solely in the Cayman Islands, and that although the Interfaces may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the Cayman Islands. You agree that the courts of the Cayman Islands are the proper forum for any appeals of an arbitration award or for court proceedings in the event that this Agreement's binding arbitration clause is found to be unenforceable.
This Agreement 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.
You may not assign or transfer this Agreement, 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. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Our failure to enforce any provision of this Agreement does not constitute a waiver of that provision or any other provision.
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.
For any questions or concerns about this Agreement, please contact us at: legal@liquidcollective.io
