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Terms of Use

Last Revised: December 2024

These Terms of Use (these “Terms”) explain the terms and conditions by which you may access and use the dStake platform (”Platform”), (inclusive of its affiliates, the “DIAM Wallet,” “Company,” “we,” “us,” or “our”). These Terms govern your use of the Platform, related tools, content, features, functionality, and any associated services (collectively, the “Services”).

Please read these Terms carefully as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not agree to these Terms, please do not use the Services.

For purposes of these Terms, “you” and “your” refer to you as the user of the Services. If you use the Services on behalf of a company or other entity, “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

1. The Services

1.1 Platform Overview

The Services provide an interface that enables users to connect DIAM Wallet (“Wallet”) to interact with decentralized blockchain systems, including but not limited to staking mechanisms (the “Protocol”). Your use of the Protocol is entirely at your own risk, and the Company disclaims responsibility for activities conducted via the Protocol.

1.2 Wallets

To use certain Services, you may need to connect to DIAM Wallet. Wallet is maintained, supported, and affiliated with the Company. dStake retains sole control of the DIAM Wallet, and you are responsible for keeping your private keys and phrases secure. We disclaim all responsibility, including your loss of access to the Wallet or funds.

1.3 Updates and Monitoring

We reserve the right to modify, improve, or update the Services at any time (“Updates”). Your continued use of the Services constitutes acceptance of these Updates. While we are not obligated to monitor your use of the Services, we reserve the right to do so to ensure compliance with these Terms and applicable laws.

1.4 Fees

The Company does not currently charge fees for the lock, farm, and swap services. However, transactions executed through the Platform may incur blockchain network fees, gas fees, or other transaction fees. All such fees are your responsibility, and they are non-refundable.

2. Eligibility

To use the Services, you must:

  • Be at least 18 years old.
  • Not be located in, a resident of, or affiliated with jurisdictions or entities restricted by UAE regulations or international sanctions.
  • Comply with all applicable laws in your jurisdiction.

By using the Services, you represent and warrant that you meet these requirements.

3. Privacy Policy

Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Services, you agree to our collection and use of your information in accordance with the Privacy Policy.

4. Rights We Grant You

4.1 Use of the Services

We grant you a personal, non-exclusive, non-transferable, and non-sublicensable license to use the Services for lawful, personal purposes in accordance with these Terms.

4.2 Restrictions

You agree not to:

  • Reverse-engineer, decompile, or otherwise modify the Services.
  • Use the Services for unlawful or unauthorized purposes.
  • Interfere with the proper functioning of the Services.
  • Circumvent any security measures related to the Services.
5. Ownership and Intellectual Property

All rights, title, and interest in the Services, including but not limited to trademarks, logos, and proprietary content, belong to the Company or its licensors. You agree not to claim any ownership rights or misuse the Company’s intellectual property.

6. Third-Party Services

The Platform may provide access to third-party services or content (“Third-Party Services”). Your use of Third-Party Services is governed by their respective terms and conditions. The Company disclaims all liability arising from your use of or reliance on Third-Party Services.

7. Disclaimers, Limitations of Liability, and Indemnification

7.1 Disclaimers

Your access to and use of the Services and the Protocol are at your sole risk. All Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. To the fullest extent permitted by law, the Company, its affiliates, officers, directors, employees, agents, licensors, and Multisig Members expressly disclaim any warranties, including but not limited to:

  • Merchantability, fitness for a particular purpose, non-infringement, and the absence of defects, whether latent or patent.
  • Completeness, accuracy, availability, reliability, or timeliness of the Services or Protocol.
  • Compatibility of the Services with any hardware, software, or Wallets.

The Company is not regulated by any jurisdiction. The Company does not:

  • Broker trading orders.
  • Match buyers and sellers.
  • Offer financial products or services for sale.

7.2 Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • The Company and Multisig Members shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of the Services or Protocol.
  • The aggregate liability for damages shall not exceed $100 USD.
  • Certain jurisdictions do not permit exclusion of incidental damages; in such cases, this limitation may not apply.

7.3 Assumption of Risks

You acknowledge the inherent risks of blockchain technologies, including:

  • Loss of access to your digital assets due to private key loss or errors.
  • Regulatory changes or unfavorable tax implications.
  • Market fluctuations, hacking, or protocol vulnerabilities.

Consult legal or financial professionals to understand these risks fully.

7.4 Indemnification

You agree to indemnify and hold harmless the Company and Multisig Members against any claims, damages, or expenses arising from:

  • Your breach of these Terms.
  • Third-party claims due to your use of the Services.
  • Misuse or negligence in connection with the Services.

7.5 Third-Party Beneficiaries

The Company Entities and Multisig Members are third-party beneficiaries of these Terms and may enforce the provisions under Section 7 and 8.

8. Arbitration and Class Action Waiver

8.1 Informal Dispute Resolution

Both parties agree to attempt resolution of disputes informally within 30 days prior to initiating formal arbitration or litigation.

8.2 Arbitration Agreement

Any disputes will be resolved by binding arbitration. Arbitration will:

  • Be conducted in English.
  • Be on an individual basis (no class actions allowed).

8.3 Opt-Out Option

Users may opt out of arbitration within 30 days of agreeing to these Terms by contacting support@dstake.io. Opting out applies only to arbitration and not the class action waiver.

8.4 Exceptions and Costs

Certain disputes, such as intellectual property claims, may be resolved in court. Arbitration costs will follow the Rules, but frivolous claims may result in fee reimbursement.

8.5 Class Action Waiver

Users waive the right to participate in class or representative actions. Claims may only be pursued individually.

9. Additional Provisions

9.1 Updating Terms

The Company may update these Terms periodically. Continued use after changes indicates acceptance. Users are encouraged to review the Terms regularly.

9.2 Termination and Survival

The Company reserves the right to terminate Services for violations of these Terms or applicable laws. Provisions intended to survive termination will remain in effect.

9.3 Governing Law

These Terms are governed by UAE law. Disputes shall be resolved in the courts of UAE unless subject to arbitration.

9.4 Force Majeure

The Company is not liable for delays or failures caused by events beyond its control, such as natural disasters, acts of war, or governmental actions.

Provider Information: dStake

Email: support@dstake.io