Terms of Service

Last updated: 29 July 2024

The following Terms of Service ("Terms"), govern Your access to and use of Tonstakers.com services, including any content, functionality and services offered on or through https://Tonstakers.com/ (the "Website") and any associated web interface (referred to as the “Interface").

These Terms constitute a legally binding contract between You and Tonstakers.com. These Terms explain how We expect You to behave when You are using Our Services on Our Website.

A Privacy Policy (“Policy”) available at https://tonstakers.com/privacy/ explains how and why Tonstakers.com collects, uses, and shares personal information when You interact with or use Our Website or Service. It also includes any information Tonstakers.com may collect offline in connection with the use of Website and Service. Policy describes how Tonstakers.com may use, store, transfer and disclose information that We may collect about any Users and Visitors through the Website.

PLEASE REVIEW THESE TERMS AND POLICY CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS AND POLICY. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS AND POLICY, THEN YOU MUST NOT USE OR ACCESS THE WEBSITE. IF YOU HAVE QUESTIONS ABOUT THESE TERMS, CONTACT OUR SUPPORT TEAM BY SUBMITTING A REQUEST HERE BEFORE ACCESSING THE SERVICES. YOU FURTHER ACKNOWLEDGE THAT YouR FAILURE TO COMPLY WITH THESE TERMS MAY RESULT IN DISQUALIFICATION AND/OR LEGAL ACTION AGAINST You AS DEEMED APPROPRIATE.

We may change these Terms and/or Policy from time to time by notifying You of such changes by any reasonable means, including by posting revised Terms or Policy through the Website. Any such changes will not apply to any dispute betWeen You and Us arising prior to the date on which We posted the revised Terms or Policy incorporating such changes, or otherwise notified You of such changes. These Terms modify all previous Terms of Service.

You are advised to regularly check whether the Terms have changed. You will be deemed to accept and agree to the changes. If You continue to use the Website after the publication of any changes Tonstakers.com will treat You as have agreed with the changes as a whole without limitations.

1. DEFINITIONS

In reading the Terms, please note the following:

• Section, Clause, and paragraph headings shall not affect the interpretation of these Terms.
• A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
• Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular and a reference to one gender shall include a reference to the other genders.
• These Terms, Policy and any other applicable policies shall be binding on, and enure to the benefit of, the parties to the relevant Terms and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party’s personal representatives, successors and permitted assigns.
• A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
• Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
• Any words following the terms ‘including’, ‘include’, ‘in particular’, ‘for example’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
• The definitions set out within these Terms apply to the Policy.

1. “Actual Rewards” shall mean the quantity of Rewards earned by You from Token Staking.
2. "Applicable Law" means all laws, regulations, directives, statutes, subordinate legislation, common law and civil codes of any jurisdiction, all judgments, orders, notices, instructions, decisions and awards of any court or competent authority or tribunal and all codes of practice having force of law, statutory guidance and policy notes.
3. “Confidential Information” is information, which Party treats as confidential or proprietary, in whatever form which is disclosed by a disclosing Party and/or its Affiliates (the “Disclosing Party”) to a receiving Party and/or its Affiliates (the “Receiving Party”) including, without limitation, information such as corporate structure, trade secrets, production methods and know-how, computer software and technology, technical and other data, inventions, designs, models, manufacturing processes and specifications, formulations, ideas, concepts, processes, procedures, techniques, formulae, drawings, business plans, development plans, information on current and future projects, financial and marketing data, compilations and forecasts.
4. “Tonstakers.com” refers to the owner of the Website and Interface.
5. The term "We" or "Us" or "Our" refers to the online project, which operates the Website and Interface under the URL https://tonstakers.com/.
6. “Platform” means our technology platform and infrastructure that We use to perform the Services.
7. “Effective Date” means the date that You, respectively, stake Your TON or delegate Your Tokens for Token Staking with Tonstakers.
8. “Estimated Rewards” means the estimate of Rewards that the user may or may not receive.
9. “Services” means the services as described in the Section 2, 3 of these Terms, including Liquid Staking and Token Staking.
10. “Liquid Staking” means our services on the Website and Interface to stake Your TON.
11. “TON” means Toncoins delegated for liquid staking through our Platform.
12. “Supported Network” means TON blockchain network for which our Platform is able to perform the Service.
13. “Supported Network Protocol” means the rules by which the Supported Network operates including but not limited to the process for Staking.
14. The term “You” or “Your” refers to the User and/or Visitor of Our Website, as the case may be, who wishes to access, use and acquire Services through the use of the Website.
15. “User” means a company, business organization, or other legal entity using the Services on the Platform.
16. “Visitor” refers to an unregistered user who does not use the Services on the Website.
17. “tsTON” *shall*\ **mean tsTON tokens, which represent Your share in the staked pool with the use of Our Services.
18. “Tokens” shall mean any tokens available for Token Staking through Tonstakers Website and Interface from time to time.
19. “Representative” means a natural person of the age over 18 who is empowered to act on behalf of the User.
20. “Intellectual Property Rights“ means all copyright and rights in the nature of copyright, design rights, patents, trade marks, database rights, applications for any of the above, moral rights, rights in confidential information, know-how, domain names and any other intellectual or industrial property rights (and any licenses in connection with any of the same) whether or not registered or capable of registration and whether subsisting in any part of the world.
21. “User Data” means content, materials, data and information that User provides to Tonstakers.com, if any.
22. *“Exceptional Event” *means the force majeure as described in the Section 24 of these Terms.
23. *“Withdrawal Period” *means a period of time from a withdrawal request to undelegate Your tokens from Token Staking to a moment when Your Tokens return to Your digital wallet and become liquid.
24. “Token Staking” **means our service that provides Users with access to the Interface to delegate Your Tokens to and withdraw from decentralized finance (“DeFi”**) smart contracts on the Supported Network, participate in marketing activities of our third-party partners and collect Rewards.
25. *Token Staking Period *means the period of time you delegate Tokens for Token Staking.
26. “Rewards” shall mean any rewards that You receive from delegating Your Tokens to DeFi smart contracts operated by Our third-party partners on the Supported Network.
27. LIQUID STAKING

Tonstakers.com is a platform which provides Users with access to the Interface to access blockchain smart contracts and delegate a desired amount of TON for staking.

Tonstakers.com merely facilitates access to technology, delivering resources related to the mechanics of the decentralized, non-custodial staking protocol. This protocol operates through open-source, self-executing smart contracts that are deployed across various permissionless public blockchains. It's crucial to note that the maintainers of Tonstakers.com exert no control over the results of operation on such contracts. The Interface serves as an independent gateway, offering one among several applications through which users, utilizing their self-custodial wallets, can interact with the staking protocol.

The Interface is an independent interface providing one of the available applications through which users, via their self-custodial wallets, interact with the staking protocol.

The smart contracts to which Tonstakers.com provides access are open-source. Tonstakers.com merely provides an Interface to access a copy of such contracts, hereby referred to as the "Technology". By choosing to interact with the Technology through the Interface, users assert their understanding of and comfort with the inherent risks associated with interacting with open-source smart contracts. Further, such interaction implies that the user possesses the requisite technical expertise to comprehend and navigate the complexities and potential outcomes associated with such technologies. Due to the non-custodial and decentralized nature of the technology, we are not intermediaries, agents, advisors, or custodians, and we do not have a fiduciary relationship or obligation to you regarding any other decisions or activities that you affect when using our Services.

Users use third-party self-custodial wallets to interact with the Interface; Tonstakers.com have no control or guarantee over the wallets.

To interact with Tonstakers.com using the Interface, you will need to connect and engage with it through your self-custodial wallet. It's essential to understand that a self-custodial wallet is provided by a third-party entity and is generally governed by separate terms and conditions set by the respective third-party service provider. These terms and conditions may involve additional fees, disclaimers, or risk warnings regarding the accuracy and reliance on the provided information. Reviewing and comprehending the terms and conditions associated with your chosen self-custodial wallet provider to ensure compliance and to be aware of any applicable charges or risks is your sole responsibility.

3. TOKEN STAKING

Tonstakers.com is a platform which enables Users to delegate a desired amount of their Tokens on DeFi smart contracts on the Supported Network to participate in Tonstaker’s partners marketing programs and collect Rewards.. The list of Tokens available for Token Staking Is displayed on the Website and the Interface and subject to changes and updates. These Terms specify the terms under which you may delegate your Tokens and collect Rewards. If you do not agree to be bound by these Terms please do not use or access our Token StakingServices.

Tonstakers.com is merely used as a software and Interface which facilitates access to DeFi smart contracts of third parties to delegate liquidity on one or more digital assets and provides marketing services to its third-party partners. Tonstakers.com does not transact with Users nor does Tonstakers.com charge any fees to its Users. It is crucial to note that the maintainers of Tonstakers.com exert no control over the results of operation on such DeFi smart contracts of third parties. The Interface serves as an independent gateway, offering one among several applications through which users, utilizing their self-custodial wallets connected to Tonstakers.com, can interact with and delegate their Tokens for Token Stakingon the Supported Network. Due to the non-custodial and decentralized nature of the technology, we are not intermediaries, agents, advisors, or custodians, and we do not have a fiduciary relationship or obligation to you regarding any other decisions or activities that you affect when using our Services. Users use third-party self-custodial wallets to interact with the Interface; Tonstakers.com have no control or guarantee over the wallets. To interact with Tonstakers.com using the Interface, you will need to connect and engage with it through your self-custodial wallet. It's essential to understand that a self-custodial wallet is provided by a third-party entity and is generally governed by separate terms and conditions set by the respective third-party service provider. These terms and conditions may involve additional fees, disclaimers, or risk warnings regarding the accuracy and reliance on the provided information. Reviewing and comprehending the terms and conditions associated with your chosen self-custodial wallet provider to ensure compliance and to be aware of any applicable charges or risks is your sole responsibility.

You can make instructions, such as delegation and withdrawal through our Interface. Once an instruction is received, the system will record the instruction and You will not be able to cancel or edit it. When your Tokens are successfully delegated for Token StakingYou authorize Us to perform the Service.

We may at our own discretion and, subject to DeFi smart contracts on the Supported Network, implement: a) the minimum number of Tokens required for delegation to qualify for Token StakingRewards; and b) the maximum number of Tokens available for delegation to qualify for Token StakingRewards. All these parameters will be posted on the Website and Interface and vary depending on the Tokens chosen for Token Staking. You may delegate to and withdraw Your Tokens from Token StakingService, however you agree to the Withdrawal Period set by the Supported Network, if any.

Any transfer of Token StakingRewards to You will be made directly to the corresponding wallet address linked with the Tonstakers.com Platform.

Your Rewards, directly attributable to your Tokens, will be distributed to You according to the DeFi smart contract operated by Our third-party partners on the Supported Networks. You will receive Your Rewards only for the duration of Your Token StakingPeriod. We will post on the Website the estimated size of Your Rewards. Your Estimated Rewards before a distribution request may vary to Actual Rewards following a withdrawal. We express no warranty, guarantee, promise, or assurance regarding and disclaim any liability for any discrepancies between the size of Estimated Rewards and Actual Rewards. Digital assets are highly volatile and in no event we assume any liability for any change in the size Your Actual Rewards during the Withdrawal Period, whether in equivalence to any fiat or cryptocurrency, such as USD, EUR or USDT.

The size of Your Estimated Rewards (i) is posted on the Website; (ii) vary by DeFi smart contract on the Supported Network; (iii) change periodically; and (iv) is governed by the information posted on the Website on the date a distribution to You is due (not the date on which you delegated the Tokens for Token Staking).

4. FEES AND CHARGES

There are no commissions, fees or charges for use of the Website and Interface. However some commissions may occur in the result of the usage of blockchain middleware (“Middleware”).

Use of the relevant blockchain and its Middleware is subject to transaction fees and charges, which may include transaction fees to third parties (“Third Party Fees”) and Our fees and charges. We do not receive Third Party fees and have no ability to reverse or refund any amounts paid to third parties in error. All and any Third Party Fees are subject to the relevant Supported Network Protocol. In no case Tonstakers.com have control, ownership or management over any applicable Third Party Fees.

You agree and acknowledge that fees and charges may change from time to time and it is always Your responsibility to become aware of such changes. All such applicable fees and charges will be available in the blockchain of the Supported Network Protocol.

5. USAGE/ ELIGIBILITY

You will use this Website in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If You violate any restrictions in these Terms, You agree to indemnify Tonstakers.com for any losses, costs or damages, including reasonable legal fees, incurred by Tonstakers.com in relation to, or arising out of, such a breach. The legal age for use of the Services shall be 18 years and above. Tonstakers.com reserves the right to terminate any use of the Service that doesn’t comply with usage requirements. We will also not be liable to You for any damage that might arise from a person less than 18 who is found to use the Services.

You agree that You are solely and entirely responsible for compliance with all laws and regulations that may apply to You in Your jurisdiction. You are prohibited from using the Interface if You are a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by any country, or if Your use of the Interface would be illegal or otherwise violate any applicable law. Notably, Tonstakers.com and all of its contents are not directed at individuals, companies, and other entities located within the United States. Individuals residing in, citizens of, or entities registered in the United States are explicitly prohibited from using this Interface and You are obliged to make an explicit confirmation in accordance with Clause 7(i) that do not belong to the aforementioned. It is Your responsibility to ensure that Your use of the Interface is lawful and in compliance with any regulations in Your jurisdiction.

6. CONFIDENTIALITY

Neither Party shall disclose Confidential Information received from the Disclosing Party to any third party without prior obtaining the express written consent of the Disclosing Party. The Receiving Party shall use the same degree of care in maintaining the confidentiality of the Confidential Information as it uses with respect to its own information that is regarded confidential and/or proprietary by such Party, but in no case with any less degree than reasonable care.

If the Receiving Party breaches terms of disclosure as described above, the Disclosing Party shall promptly report Tonstakers.com support team about such violation. We have the right to temporarily or permanently block Your use of the Services.

The term “Confidential Information” does not include information which:

• is or becomes generally available to the public other than as a result of a disclosure by the Receiving Party or its representatives,
• was within the possession of the Receiving Party prior to it being furnished to the Receiving Party by or on behalf of the Disclosing Party pursuant hereto, provided that the source of the information was not bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality to the Disclosing Party or any other party with respect to the information,
• is or was developed independently by the Receiving Party prior to it being furnished to the Receiving Party by or on behalf of the Disclosing Party pursuant hereto,
• becomes available to the Receiving Party on a non-confidential basis from a source other than the Disclosing Party or any of its Representatives, provided that the source was not bound by a confidentiality agreement with or other contractual, legal or fiduciary obligations of confidentiality to the Disclosing Party.

7. ACKNOWLEDGES, REPRESENTATIONS AND WARRANTIES

You acknowledge, represent and warrant that:

1. Your Representative is authorized, has necessary consent, acts in Your interests and in accordance with these Terms;
2. You are liable for actions of Your Representative on the Website and Interface;
3. You have studied and understood these Terms, recognizes their binding force for Yourself and undertake to comply with them as they appear on each respective date during the entire period of using the Website and Interface;
4. You assume all the obligations set forth in these Terms;
5. User Data that You supply is true, accurate, complete and not misleading;
6. You will maintain the accuracy and validity of User Data;
7. The assessment of the use of the Website and Interface by You is performed on the basis of the User Data provided by You and Tonstakers.com may rely upon User Data provided by You; Tonstakers.com is not responsible for any damages or losses which may arise from any inaccuracies;
8. You may suffer damages in connection with your use of the Interface and We are not liable for such damages;
9. You will use the Website pursuant to these Terms honestly, fairly and in good faith;
10. the information on the Website and in the Interface as well as in these Terms is not an offer or recommendation or solicitation to buy or sell any particular digital asset or to use any particular investment strategy;
11. the Interface is only being provided as an aid to your own independent research and evaluation of the Middleware and you should not take, or refrain from taking, any action based on any information on the Interface and without limitation from third party blog posts, articles, links news feeds, tutorials, tweets, and videos;
12. You are not a citizen of or resident or domiciled or green card holder in any territory under the jurisdiction of the United States of America, including any state of the United States of America or the District of Columbia (the “USA”).
13. ** ASSUMPTION OF RISKS**

You acknowledge and agree to certain risks as described below, including but not limited to cryptography risks, fork handling, third-party software dependencies, and taxes. You agree to defend, indemnify, and hold harmless Tonstakers.com from any claim arising from your use of the Interface.

8.1. Cryptography Risks

Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to blockchain systems, the Platform, the Supported Network Protokol, or TON, tsTON and other Tokens, including the theft, loss, or inaccessibility thereof.

8.2. Forks

The Supported Network Protocol, TON, tsTON, Tokens and any other digital assets may be subject to Forks. Forks occur when some or all persons running the software clients for a particular blockchain system adopt a new client or a new version of an existing client that: (i) changes the protocol rules in backward-compatible or backward-incompatible manner that affects which transactions can be added into later blocks, how later blocks are added to the blockchain, or other matters relating to the future operation of the protocol; or (ii) reorganizes or changes past blocks to alter the history of the blockchain. Some forks are “contentious” and thus may result in two or more persistent alternative versions of the protocol or blockchain, either of which may be viewed as or claimed to be the legitimate or genuine continuation of the original.

We cannot anticipate, control or influence the occurrence or outcome of forks, and do not assume any risk, liability or obligation in connection therewith. Without limiting the generality of the foregoing, We do not assume any responsibility to notify a User of pending, threatened or completed forks. Tostakers.com will respond (or refrain from responding) to any forks in such a manner as Tostakers.com determine in their sole and absolute discretion. Tostakers.com shall not have any duty or obligation, or liability to a User if such response (or lack of such response) acts to a User’s detriment. Each User assumes full responsibility to independently remain apprised of and informed about possible forks, and to manage the User’s own interests and risks in connection therewith.

8.3. Security

Any unauthorized access to your self-custodial wallet by third parties could result in the loss or theft of any crypto asset or funds held in your account and any associated accounts. You understand and agree that we have no involvement in, and you will not hold us responsible for managing and maintaining the security of your self-custodial wallet. The private key associated with the self-custodial wallet address from which you transfer crypto assets or the private key associated is the only private key that can control the crypto assets you transfer into the smart contracts. You understand and agree that you are solely responsible for maintaining the security of your self-custodial wallet. You alone are responsible for securing your private keys. We do not have access to your private keys. The compatibility of the Interface with wallet applications and devices or other third-party applications or devices is not intended as, and you hereby agree not to construe such compatibility as, an endorsement or recommendation thereof or a warranty, guarantee, promise, or assurance regarding the fitness or security thereof.

8.4. Digital Assets Related Risks

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 the usage and intricacies of digital assets such as TON, and other Tokens. 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 your digital assets may lose some or all of their value while they are supplied to the Supported Network Protocol. When You receive Tokens, you will have to supply Stacked Coins of your own as collateral. If your collateral declines in value such that it is no longer sufficient to secure the amount that you staked, others may interact with the Supported Network Protocol to seize your collateral in a liquidation event. You further acknowledge that We are not responsible for any of these variables or risks, do not own or control the Supported Network Protocol, and cannot be held liable for any resulting losses that you experience while accessing or using the Interface. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Interface and interacting with the Supported Network Protocol.

9. RESTRICTIONS

By using the Service, the User undertakes in particular to:

• not violate any law, contract, Intellectual Property, including copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights t or commit a tort, and that You are solely responsible for Your conduct, while accessing or using the Website, Interface and Technology;
• not violate any applicable law, rule, or regulation concerning the integrity of trading markets, including (but not limited to) the manipulative tactics commonly known as spoofing and wash trading;
• not to engage in predatory or stalking conduct;
• not use the Website in any manner tn any activity that seeks to defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another;
• not engage in any anticompetitive behavior or other misconduct;
• not use Services for, or to promote or facilitate, illegal activity (including, without limitation, money laundering, financing terrorism, tax evasion, buying or selling illegal drugs, contraband, counterfeit goods, or illegal weapons);
• not harvest or otherwise collect information from the Services for any unauthorized purpose;
• not Interfere with other users’ access to or use of the Services;
• not Interfere with or circumvent the security features of the Services or any third party’s systems, networks, or resources used in the provision of Services;
• not engage in any attack, hack, denial-of-service attack, interference, or exploit of any smart contract in connection with the use of the Services (and operations performed by a user that are technically permitted by a smart contract may nevertheless be a violation of these Terms, and any Applicable Law);abide by these Terms and will not: Engage in any harassing, threatening, intimidating, what could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Website or that could damage, disable, overburden or impair the functioning of the Website in any manner;
• not do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of the Website or Interface;
• not access any feature or area of the Website that You are not authorized to access.
• not use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by Us to access the Website, extract data or otherwise interfere with or modify the rendering of Website pages or functionality.
• not solicit information from Users for illegal activities, to cause harm to people or property, or to scam others.

Also You agree that You will not transmit, submit or upload any information on the Website or act in any way that:

• restricts or inhibits use of the Services;
• imposes an unreasonably or disproportionately large load on Our infrastructure;
• violates the legal rights of others, including defaming, abuse, stalking or threatening Users;
• makes any unauthorized use of the Website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email.
• tricks, defrauds, or misleads Us and other Users, especially in any attempt to learn sensitive information such.
• makes improper use of Our support team or submit false reports of abuse or misconduct.
• engages in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• attempts to impersonate another User or person or use the username of another User.
• infringes (or results in the infringement of) the Intellectual Property rights, moral rights, publicity, privacy, or other rights of any third party;
• is (or You reasonably believe or should reasonably believe to be) stolen, illegal, counterfeit, fraudulent, pirated, violent or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or You reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
• does not comply with all applicable laws, rules and regulations; or
• posts, stores, transmits, offers, or solicits anything that contains the following, or that You know contains links to the following or to locations that in turn contain links to the following:

(a) material that We determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity),

(b) material that is racially or ethnically insensitive, defamatory, harassing or threatening, (c) pornography or obscene material,

(c) any virus, worm, trojan horse, or other harmful or disruptive component; or

(d) anything that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law or regulation or is otherwise inappropriate or offensive.

If We suspect or determine that You are using the Services in any way related to any prohibited User activities and/or prohibited uses, Tonstakers.com will permanently block Your use of the Services without the right to restore and report Your activity to regulatory authorities with jurisdiction over Us or You.

10. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS

The Website may make available or provide links to third party Website, content, services, resources, referrals or information, including smart contracts developed or operated by third parties that may be provided to You in connection with the Interface (“Third-Party Materials”). In addition, third parties may offer promotions related to the Interface.You acknowledge and agree that Tonstakers.com does not control and is not responsible or liable for: (i) the availability or accuracy of such Third-Party Materials; or (ii) the content, products, or services on or available from such Third-Party Materials. Links to such Third-Party Materials do not imply any endorsement by Tonstakers.com of such Websites or resources or the content, products, or services available from such Third-Party Materials. If You access any Third-Party Materials or participate in any such promotions You acknowledge sole responsibility for and assume all risk arising from Your use of any such Third-Party Materials or promotions. Each User hereby expressly waives and releases Tostakers.com from all liability arising from the User’s use of any such Third-Party Materials or participation in any such promotions.

The User further acknowledges and agrees that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Materials, or promotions.

11. INTELLECTUAL PROPERTY

Unless otherwise indicated, the Website is Tonstakers.com’s proprietary property and all source code, databases, functionality, software, Website designs, audio, video, text, photographs, and graphics on the Website (“Content”) and the trademarks, service marks, and logos contained therein ( “Marks”) are owned or controlled by Us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of England and Wales, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Website “AS IS” for Your information and personal use only. Except as expressly provided in these Terms, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our express prior written permission.

Provided that You are eligible to use the Website, You are granted a limited license to access and use the Website. Technically, We are giving You a ‘limited license’ to the Website. Here is what that means. You are free to have this access (or limited license) as long as You follow these Terms and all of Our legal documents as they apply to You.

We will do Our best to make sure Our services are safe and working as they should, but We cannot guarantee You will have access continuously. We reserve all rights not expressly granted to You in and to the Website, the Content, and the Marks.

12. USER LICENSES

You may access and use the Website, Interface and Services only in accordance with any instruction manuals, user guides and other documentation as made available by Tonstakers.com from time to time (“Documentation”).

This is the grant of a personal, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Website and Interface, not a transfer of title, and under this license You may not:

1. modify or copy the materials;
2. attempt to decompile or reverse engineer any software contained on the Website;
3. remove any copyright or other proprietary notations from the materials; or
4. Transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if You violate any of these restrictions and may be terminated by Tonstakers.com at any time. Upon terminating Your viewing of these materials or upon the termination of this license, You must destroy any downloaded materials in Your possession whether in electronic or printed format.

13. ASSIGNMENT OF THE CONTRACTUAL RIGHTS AND OBLIGATIONS

Tonstakers.com has the right to transfer its rights and obligations under the same terms prescribed herein to another organization. Without prejudice to the provisions of this Section 13, User shall have no right to assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights or obligations under these Terms to any other company, firm or person without first obtaining the written consent of Tonstakers.com.

14. *NO BUSINESS PLAN OR SUPPORT OBLIGATION *

Tonstakers.com do not guarantee or provide assurances of any specific outcomes as a result of interaction with the Interface. Users understand that the maintainers of Tonstakers.com do not engage in the operation of any version of the staking protocol, and as such, bear no responsibility or obligation to provide support or ensure the achievement of any business plan or strategic outcomes. Users interact with the staking protocol at their own risk, and are solely responsible for understanding and managing the potential outcomes of their interactions. Any representations regarding potential benefits or results are illustrative and not guarantees or promises of actual performance.

15. NO COMMITMENT

We have made no commitments or promises with respect to delivery of any future features or functions of the Services. In relation to any future features or functions, all presentations, request for proposal responses, and/or product roadmap documents, information or discussions, either prior to or following the entering into these Terms, are for informational purposes only, and Tonstakers.com shall have no obligation to provide any future releases or upgrades or any features, enhancements or functions, unless specifically agreed to in writing. You acknowledge that no decisions are based upon any future features or functions of the Services. We may discontinue Service at any time for any or no reason. We will publicly announce our intention to discontinue the Service by providing at least 30 day’s notice using public channels including our Website, Telegram channel, Twitter or Medium.

16. NO REGULATORY SUPERVISION

Tonstakers.com and the Interface are not under the active supervision of any government agency or financial regulatory authority.

17. REGULATORY UNCERTAINTY

Blockchain technologies and smart contracts that Tonstakers.com provides access to, could be subject to uncertain legal and regulatory changes. These changes could adversely affect the use of our Interface

18. LIMITATION OF LIABILITY

To the extent permitted under applicable law, under no circumstances shall We, Our officers, directors, employees, affiliates, successors, assigns be liable to You or any other third party for any indirect, special, incidental, or consequential, exemplary or punitive damages of any type including, without limitation, damages for loss of goodwill, service interruption, computer failure or malfunction, loss of business profits, loss of data or business information, loss of additional software or computer configurations or costs of procurement of substitute goods or services, damages arising in connection with any use of the Website or any and all other commercial damages or losses, arising out of or in connection with these Terms. Notwithstanding anything to the contrary contained herein, in no event shall Our total liability (including Our officers, directors, employees, and affiliates) for any claim arising out of or related to these Terms, to the fullest extent possible under applicable law, exceed the amount paid if any, by You to Us for the use of the Services or $1,000 whichever is lower .

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 Interface; (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 Interface; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Interface; (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Interface; and (g) the defamatory, offensive, or illegal conduct of any third party; (h) server failure or data loss; (i) any change in value of any crypto asset; (j) any change of any Applicable Law. Under no circumstances shall We or any of our maintainers, contributors, contractors, agents, affiliates, or subsidiaries be liable to You for any claims, proceedings, liabilities, obligations, damages, losses, or costs. 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.

19. INDEMNIFICATION

To the fullest extent permitted by applicable law, You agree to indemnify, defend and hold harmless Tonstakers.com, 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** “Tonstakers.com Parties”), from and against all actual or alleged Tonstakers.com Party or 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

(a) Your use or misuse of the Websites, Content or Services,

(b) any feedback You provide,

(c) Your violation of these Terms,

(d) Your violation of the rights of another

You agree to promptly notify Tonstakers.com of any third-party Claims and cooperate with the Tonstakers.com Parties in defending such Claims. You further agree that the Tonstakers.com Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement betWeen You and Tonstakers.com.

20. TAXES

You are responsible for payment of all taxes, fees and surcharges, however designated, imposed on or based upon the use of the Services.

21. USER RESPONSIBILITY

You are solely responsible for all actions taken via Your account, the information You provide, and any damage arising from Your use of the Interface. Although Tonstakers.com does not charge fees on the deposit, third-party transaction fees may apply.

22. NON-RELIANCE

You affirm that You are knowledgeable and experienced in the use of blockchain technologies, and have not relied on any information provided by us, except as set forth in these Terms.

23. DISCLAIMERS

Your access to and use of the Services and Content provided on https://Tonstakers.com/ are at YOUR OWN RISK. You understand and agree that the Services are provided to You on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, and Tonstakers.com are founders, officers, directors, employees, agents and representatives) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and OR NON-INFRINGEMENT.

Tonstakers.com make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to Your computer system, loss of data, or other harm that results from Your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet Your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Tonstakers.com or through the Services, will create any warranty not expressly made herein.

No Provision of professional or expert advice.

Your use of the Website and Interface is solely at Your own risk. Nothing on the Website in the means of communication either directed personally or to the public at large, or any specific public, does not provide professional, legal, or financial advice to Users or any other individuals, and assumes no fiduciary duties of Users. Before You make any financial, legal, or other decision in connection with the Interface, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate;

We may, from time to time, suspend access to Our services, for both scheduled and emergency maintenance. We will make reasonable efforts to ensure that transactions on the Platform are processed in a timely manner, but make no representations or warranties regarding the amount of time needed to complete processing, which is dependent upon many factors outside of our control.

Although We make reasonable efforts to update the information on the Platform, We make no representations, warranties, or guarantees, whether express or implied, that the content on the Platform, including information in relation to the Services, is always accurate, complete, or up to date.

You are responsible for obtaining the data network access necessary to use the Services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services, the Platform, and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. Our Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

24. EXCEPTIONAL EVENTS

An "Exceptional Event" includes:

1. any fire, strike, riot, civil unrest, terrorist act, war or industrial action;
2. any natural disaster such as floods, tornadoes, earthquakes and hurricanes;
3. any epidemic, pandemic or public health emergency of national or international concern;
4. any act or regulation made by a government, supra national body or authority that stops Tonstakers.com from maintaining Service in any relevant part;
5. technical failures in transmission, communication or computer facilities including poWer failures and electronic or equipment failures;

If an Exceptional Event happens, the availability and speed of Services and the Website work, the availability of the different functionalities, as Well as any Tonstakers.com obligations under these Terms may be delayed, may not be available, or may not be carried out. Tonstakers.com will not be liable to You for any losses which You incur as a result.

25. SEVERABILITY

If any provision of this Terms is held to be invalid, unenforceable or illegal for any reason, the validity or enforceability of any or all of the remaining portions shall remain in full force and effect.

26. TERM AND TERMINATION

These Terms will begin on the date that You first stake TON with Us. Either party may terminate this agreement at any time for any or no reason.

Upon the termination, provided that You are not in material breach of these Terms, You will cease to stake TON with Tonstakers.com.

Upon termination of these Terms, all licenses to access and use the Services will likewise terminate, and You will immediately thereafter discontinue all such access and use.

Any obligations and duties that by their nature extend beyond the expiration or termination of these Terms will survive the expiration or termination including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, indemnification and limitations of liability.

27. DISPUTES SETTLEMENT PROCEDURE

If You have a dispute or claim with Tonstakers.com, then You should contact the Tonstakers.com support team. Tonstakers.com will attempt to resolve the dispute internally as soon as possible.

The parties agree to negotiate informally in good faith to resolve the dispute or claim (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding). If that dispute or claim is not resolved within 60 (sixty) days of You first contacting Us then any such a dispute or a claim shall be resolved in arbitration according to Clause 28 below.

28. GOVERNING LAW AND ARBITRATION

These Terms in relation to the use of Tonstakers.com are hereby governed by, and constructed and enforced in accordance with the laws of England and Wales.

You agree that all unresolved disputes or claims shall be finally and exclusively settled by arbitration administered by the London Court of International Arbitration under the LCIA Arbitration Rules in force at the time of the filing for arbitration of such dispute. The arbitration shall be held before a single arbitrator and shall be conducted in the English language on a confidential basis. Any award made by the arbitrator may be entered in any court of competent jurisdiction as necessary. This section shall survive termination of these Terms, the Interface, or any connection you may have to the information you obtained from the Interface. Notwithstanding any of the above, You agree that the competent courts of England and Wales have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms 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.

28.1. Time for filing.

Any proceeding against Tonstakers.com must be commenced by filing a request for Dispute within one (1) year, after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. This one-year limitation period is inclusive of the internal dispute resolution procedure set forth in this Section 28 of these Terms. There shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

*28.2. Confidentiality. *

The parties agree that the Dispute shall be kept confidential. The existence of the claim, any nonpublic information provided, and any submissions, orders or awards made (together, the “Confidential Information”) shall not be disclosed to any non-party except the court, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the proceedings. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any Dispute brought pursuant to these Terms.

29. CLASS ACTION AND JURY TRIAL WAIVER

You and Tonstakers.com agree that any claims relating to these Terms or to Your relationships with Tonstakers.com as a User of the Website (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party on individual basis only and not as a plaintiff or class member in a purported class or representative action. Further, you irrevocably waive the right to demand a trial by jury.

You and Tonstakers.com further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law.

Combining or consolidating individual Disputes into a single Dispute is not permitted without the consent of all parties, including Tonstakers.com.

You and Tonstakers.com further agree to waive an application of any kinds of interim measures such as attachment, injunctions or orders safeguarding and preserving property, requesting payment of part of a claim, or imposing the posting of security for costs and the other interim measures.

30. ENTIRE AGREEMENT

These Terms constitute the entire agreement between You and Tonstakers.com regarding the use of the Interface.

31. CONTACT US

If You have questions or comments about these Terms, please contact us: legal@tonstakers.com