Enoki Portal Terms of Service

Last Updated: April 9, 2023

To use the Services (defined below) provided by Mysten Labs, Inc. (“Mysten Labs”), you (“you” or the “Customer”) agree to these Terms and Conditions (“Enoki Terms”). The Services described below constitute “Services” under the Mysten Labs terms of service (the “ML Terms” and, together with the Enoki Terms, the “Terms”). In the event of a conflict between the Enoki Terms and the ML Terms, the Enoki Terms govern. We may update the Enoki Terms at any time.

  1. Scope. As part of Enoki (“Enoki”) Mysten Labs grants Customer a nonexclusive, limited, personal, non-sublicensable, non-transferable right and license to access and use its prover, salt management, sponsored transaction, and remote procedure call services, and any other services offered from time to time through the Enoki Portal platform (the “Portal”) (the “Services”) during the Term (defined below) solely for you to utilize for business purposes. Your use of the Services is subject to your compliance with these Terms. Some or all of the Services may only be available to a limited number of Customers.

  1. Prover and Salt Management Services. Enoki’s prover and salt management services allow Customers to facilitate zkLogin technology to allow their users to access their Customer applications.

  2. Sponsored Transactions. Enoki will allow Customers to access sponsored transaction bundles, allowing Customers to provide gas-free transactions to their end users.

  3. RPC Services. RPC services allow Customers to ensure their apps are running efficiently by utilizing Enoki’s strategic RPC selection functionality.

  1. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.

  1. Term and Termination.

  1. Term. Services will commence as of the Effective Date and will continue unless terminated pursuant to the Terms (the “Term”). Should the Services be offered as part of a subscription plan, the Term shall be governed by the subscription plan.

  2. Termination. Mysten Labs may terminate the Services at any time for any reason. We will take reasonable steps to notify you of termination.

  1. Who May Use Services. You may use the Services only if you are 18 years or older and capable of forming a binding contract with Mysten Labs, and not otherwise barred from using the Services under applicable law.

  1. Fees. Customer is not required to pay for the Services at this time. Fees, in the form of a subscription plan or otherwise, may apply to the Services going forward.

  1. Access and Use. You instruct Mysten Labs to process data contained in OAuth2 credentials submitted by you to Mysten Labs in connection with the Services, which processing may include the storage, analysis, manipulation or transmission of the data). You hereby acknowledge that your use of the Services provides Mysten Labs with access to OAuth2 credentials supplied by you, which credentials will allow Mysten Labs’ salt service to generate a corresponding unique user salt. You agree not to do any of the following:

  1. Share Services API access or keys with third parties.

  2. Publish personal identification information of your customers “on-chain” on the Sui blockchain protocol.

  3. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services.

  1. Representations and Agreements. Customer hereby represents, warrants and agrees to the following:

  1. Customer is duly organized, validly existing, and in good standing in its jurisdiction or organization, the execution and delivery of these Terms by Customer and the transactions contemplated hereby have been duly and validly authorized by all necessary action on the part of Customer.

  2. Customer will use, and will cause all of its employees, agents, contractors or other representatives, to use the Services only in compliance with all applicable laws, including privacy, sanctions, embargo, and other similar laws and regulations.

  3. Customer will obtain all permissions from its customers required for Customer to utilize the Services.

  1. No Warranty. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, MYSTEN LABS EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Mysten Labs makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Mysten Labs makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services. Mysten Labs is under no obligation to provide any user support to Customers’ customers.

  1. Confidentiality. You acknowledge that the Services and Enoki and any information provided to you in connection with them, including but not limited to software code, designs, features, documentation, product roadmap, and any other proprietary information, constitute confidential and proprietary information ("Confidential Information") of Mysten Labs. You agree to treat all Confidential Information as strictly confidential and not to disclose, share, or otherwise make it available to any third party without the prior written consent of Mysten Labs. You agree to take all reasonable measures to protect the confidentiality of the Confidential Information, including but not limited to preventing unauthorized access to or use of such information. You may disclose Confidential Information only to your employees or contractors who have a legitimate need to know such information for the purpose described in Section 1, and you will ensure that they are bound by similar confidentiality obligations. The obligations and restrictions set forth in this confidentiality clause will survive the termination of your use of the Services and continue for a period of one year from the date of termination. Confidential Information does not include any information that became publicly known and made generally available in the public domain (a) prior to the time Mysten Labs disclosed the information to Customer or (b) after Mysten Labs disclosed the information to Customer through no wrongful action or inaction of Customer or others who were under confidentiality obligations.

  1. License to Marks. By using the Services, Customer hereby grants to Mysten Labs a worldwide, revocable, limited, non-exclusive, non-transferable, non-sublicensable right to use your trademarks, service marks, corporate identity design, or logo (“Marks”) in connection with Mysten Labs’ promotion of the Services. Mysten Labs may display the Marks on its website, marketing materials, and other promotional channels in connection with identifying Customer as a user of the services. Mysten Labs agrees to use the Marks in a manner consistent with Customer's brand guidelines, if provided, and will seek Customer's approval for any proposed usage that deviates from such guidelines.

  1. Miscellaneous.

  1. Waiver. Any waiver of the provisions of the Terms or of a party's rights or remedies under the Terms must be in writing to be effective. Failure, neglect, or delay by a party to enforce the provisions of the Terms or its rights or remedies at any time, will not be construed as a waiver of the party's rights under the Terms and will not in any way affect the validity of the whole or any part of the Terms or prejudice the party's right to take subsequent action. Exercise or enforcement by either party of any right or remedy under the Terms will not preclude the enforcement by the party of any other right or remedy under the Terms or that the party is entitled by law to enforce.

  2. Binding. These Terms constitute a valid and binding obligation of Customer that is enforceable against Customer in accordance with its terms. If Customer is an individual and not acting on behalf of a business or other legal entity, the Customer agrees they are personally bound by the Terms. Customer further represents and warrants they have the legal capacity to enter into the Terms on an individual basis. If Customer is entering into this Agreement on behalf of a business or other legal entity, the individual accepting these Terms represents and warrants they have the authority to bind the entity, and in this case, both the Customer and the entity will be jointly and severally bound by the Terms. Where Customer is a business or other legal entity, Customer will ensure that its employees, contractors, agents and representatives also comply with these Terms.

  3. Severability. If any term, condition, or provision in these Terms is found to be invalid, unlawful, or unenforceable to any extent, the other parts of these Terms will still apply.

  4. Notices. Any notices or other communications provided by Mysten Labs under these Terms will be provided: (i) via email; or (ii) by posting via the Enoki Portal. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. Notices posted via the Enoki Portal are deemed received upon posting.

  5. No Assignment. You will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. Transferring can include assignment, acquisition, merger, change of control, or other forms of transfer. Any unpermitted transfer will be considered null and void.

  1. Waiver. Any waiver of the provisions of the Terms or of a party's rights or remedies under the Terms must be in writing to be effective. Failure, neglect, or delay by a party to enforce the provisions of the Terms or its rights or remedies at any time, will not be construed as a waiver of the party's rights under the Terms and will not in any way affect the validity of the whole or any part of the Terms or prejudice the party's right to take subsequent action. Exercise or enforcement by either party of any right or remedy under the Terms will not preclude the enforcement by the party of any other right or remedy under the Terms or that the party is entitled by law to enforce.

  2. Binding. These Terms constitute a valid and binding obligation of Customer that is enforceable against Customer in accordance with its terms. If Customer is an individual and not acting on behalf of a business or other legal entity, the Customer agrees they are personally bound by the Terms. Customer further represents and warrants they have the legal capacity to enter into the Terms on an individual basis. If Customer is entering into this Agreement on behalf of a business or other legal entity, the individual accepting these Terms represents and warrants they have the authority to bind the entity, and in this case, both the Customer and the entity will be jointly and severally bound by the Terms. Where Customer is a business or other legal entity, Customer will ensure that its employees, contractors, agents and representatives also comply with these Terms.

  3. Severability. If any term, condition, or provision in these Terms is found to be invalid, unlawful, or unenforceable to any extent, the other parts of these Terms will still apply.

  4. Notices. Any notices or other communications provided by Mysten Labs under these Terms will be provided: (i) via email; or (ii) by posting via the Enoki Portal. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. Notices posted via the Enoki Portal are deemed received upon posting.

  5. No Assignment. You will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. Transferring can include assignment, acquisition, merger, change of control, or other forms of transfer. Any unpermitted transfer will be considered null and void.