Stashed Terms of Service
Last Updated: May 9, 2024
These Terms of Service (“Terms”) govern your use of certain software services, including Stashed (the “Wallet”) powered by zkSend, provided by Mysten Labs, Inc. (“Mysten Labs”) (collectively the "Services"). By accessing the Services, you agree to and accept these terms and conditions. If you don’t agree to be bound by these Terms, do not use the Services. IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND MYSTEN LABS THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION XVII “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
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. By using the Services you agree to be bound by our Privacy Policy.
Eligibility.
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, including applicable U.S. and non-U.S. export control and trade sanctions laws.
Creation of Link; Send to Wallet Address
The Services allow you to send and receive tokens, cryptocurrencies and other crypto or blockchain-based digital assets (collectively, "Digital Assets") to others. To begin, you may either connect an existing wallet or create a non-custodial digital asset Wallet. Creating a Wallet is accomplished via zkLogin, using one of the OpenID OAuth providers supported by the Services from time to time. By using this feature, you acknowledge and agree that information we obtain from third parties (including any personal information) will be used to create a non-custodial Wallet for you on the Sui protocol.You will be able to send digital assets from your wallet to others by either (1) creating a shareable URL and corresponding QR code) (together, the “URL”) that allows the holder of the URL to claim the amount of SUI that the user has chosen to send via the URL or (2) inputting the recipient’s wallet address directly. Once you input the desired amount of Digital Assets you desire to send, these Digital Assets (plus any applicable network “gas” fees) will be drawn from your connected wallet. By approving the creation of a claim link you authorize the withdrawal of such Digital Assets from the Wallet or your applicable connected wallet.
You are responsible for copying and safekeeping the URL created by the Services, as the URLs are not retained by us. You may access Digital Assets held within a shareable URL that you create if you have access to the URL at any time, including after you send the URL to the recipient. Anyone who has access to the URL will be able to claim Digital Assets associated with that URL. You, as a sender, are in sole control over who the URL is shared with and the communication channel through which you share the URL (email, text, slack, etc.). You are solely responsible for safeguarding any URLs you create through the Services to prevent, among other things, anyone other than the intended recipient from having access to the URL.
Claiming Assets.
To claim assets, the holder of the URL must click on the URL link and connect or create a wallet. Each URL may only be used once to claim assets sent via that URL. Once these assets have been claimed, the URL will no longer be available for claiming assets. Anyone who has access to the URL will be able to claim Digital Assets associated with that URL. Recipients are also responsible for safeguarding URLs received through the Services so that, among other things, no one other than the recipient has access to the URL.
Wallet
The Wallet is a non-custodial self-hosted wallet. The Wallet may enable users to (i) access and transact with Digital Assets locally on their own devices; (ii) link to certain decentralized applications, including, without limitation, decentralized exchanges (collectively “Dapp(s)”); and (iii) access additional functionality as may permitted directly or via third-party Dapps from time to time. When you use our Services, you may also be using the services of one or more third parties (“Third-Party Services”). We are not responsible for any goods or services that you may receive from, or any action by, a third party. We are not responsible for ensuring that a third party you transact with will complete transactions you initiate or that they are authorized to do so.
Service Conditions and Disclaimers
Fees. We may charge fees for some or part of the Services we make available to you. We reserve the right to change those fees at any time, in our sole and absolute discretion. You may incur charges from third parties for use of Third-Party Services. Third party fees are not charged by Mysten Labs. Under no circumstances shall Mysten Labs incur any liability, of any kind, to you arising from or relating to fees charged to you by Third-Party Services linked to or accessed through Mysten Labs’ website or Services.
Acknowledgment of Certain Risks; Other Disclaimers; Release of Claims. 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. You further understand that the markets for these Digital Assets are highly volatile and carry financial risk, due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and accept 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 and accept the risk that your Digital Assets, or any Digital Assets you acquire, including through a third-party may lose some or all of their value and you may suffer loss due to the fluctuation of prices of Digital Assets. You further acknowledge that we are not responsible for any of these variables or risks and that we cannot be held liable for any resulting losses that you experience while accessing or using the Services. Digital Assets are a target for hackers and theft or loss as a result of hacking can occur even when you use the strongest security settings and as such your Digital Assets may be irretrievably stolen.
The Services and your Digital Assets could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of Mysten Labs to continue to make its proprietary software, and thus, could impede or limit your ability to continue to use the Services.
You understand that the Sui blockchain (and all other networks with which the Services may be compatible) remains under development, which creates technological and security risks when using the Services in addition to uncertainty relating to Digital Assets and transactions therein. You acknowledge that the cost of transacting on the Sui blockchain is variable and may increase at any time, thereby impacting any activities taking place on the Sui blockchain, which may result in price fluctuations or increased prices for using the Services.
You acknowledge that the Services are subject to flaws and that you are solely responsible for evaluating any code provided by the Services. Mysten Labs has no obligation or on-going duty to alert you of the potential risks of utilizing the Services.
No representation of any kind or nature is made as to the accuracy, completeness or appropriateness for any particular purpose of any pricing or other information surfaced via the Services. Pricing information may be higher or lower than prices available on platforms providing similar services.
Any reference to a type of Digital Asset in connection with the Services or otherwise during the use of the Services does not indicate our approval or disapproval of the technology on which the Digital Asset relies, and should not be used as a substitute for your understanding of the risks specific to each type of Digital Asset.Transactions entered into in connection with the Services are irreversible, final and there are no refunds. You acknowledge and agree that you will access and use the Services at your own risk. You accept all consequences of using the Services, including the risk that you may lose your URL, you may send the URL to the wrong recipient and that you may lose your Digital Assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in these Terms, we accept no responsibility whatsoever for, and will in no circumstances be liable to you in connection with, your use of the Services for performing Digital Asset transactions.
Mysten Labs is a developer of software. Mysten Labs does not operate a Digital Asset exchange platform or offer trade execution or clearing services and, therefore, has no oversight, involvement, or control concerning your transactions using the Services. You are responsible for complying with all laws that may be applicable to or govern your use of the Services, including, but not limited to, the Commodity Exchange Act and the regulations promulgated thereunder by the U.S. Commodity Futures Trading Commission ("CFTC"), the federal securities laws and the regulations promulgated thereunder by the U.S. Securities and Exchange Commission ("SEC") and all foreign applicable laws.
You understand that Mysten Labs is not registered or licensed by the CFTC, SEC, or any financial regulatory authority. No financial regulatory authority has reviewed or approved the use of Mysten Labs software. The Services do not constitute advice or a recommendation concerning any commodity, security, or other Digital Asset or instrument. Mysten Labs is not acting as an investment adviser or commodity trading adviser to any person or entity.
You expressly agree that you assume all risks in connection with your access and use of the Services and your interaction therewith. You further expressly waive and release Mysten Labs and its affiliates, employees, agents and advisors, from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Services and your interaction therewith. If you are a California resident, you waive the benefits and protections of California Civil Code § 1542, which provides: "[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
The Services are provided to you "as-is" and "with all faults." We make no warranties or representations regarding the functionality, quality, or fitness for a particular purpose of the Services. By using the Services, you acknowledge and agree to the following:
Mysten Labs disclaims all warranties, whether express, implied, or statutory, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.
Mysten Labs does not guarantee that the Services will be free from errors, bugs, or interruptions in service, including failed transactions for which you have paid associated gas fees. Any use of the Services is at your own risk.
Mysten Labs shall not be liable for any direct, indirect, incidental, special, or consequential damages, whether arising from the use of the Services or any inability to use the Services, even if Mysten Labs has been advised of the possibility of such damages.
It is your responsibility to evaluate the accuracy, completeness, and usefulness of any information, content, or data provided by the Services.
Mysten Labs is under no obligation to provide support, maintenance, updates, or fixes for the Services.
Mysten Labs is not obligated to correct or address any errors, defects, or issues identified in the Services.
Mysten Labs may change, update, or discontinue the Services at any time without notice.
Your use of the Services indicates your acceptance of the risk associated with its use.
Ownership.
We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Services, only as authorized in these Terms. We reserve all rights not expressly granted to you in these Terms. The Services are protected by copyright, trademark, patent, and other laws of the United States and other countries. We own all rights, title, interest in and to the Services and all copies of the Services. These Terms do not grant you any rights to our trademarks or service marks.
You may submit feedback, comments, or ideas about the Services (“Ideas”). Submitting Ideas is entirely voluntary, and we will be free to use such Ideas as we see fit and without any obligation to you.
Your Content.
Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. Mysten Labs does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Mysten Labs a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services. NFTs stored in the Wallet shall not be considered User Content for purposes of this Section.
Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Mysten Labs on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You shall not post, upload, publish, submit or transmit any User Content that: (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (ii) is fraudulent, false, misleading or deceptive; (iii) is defamatory, obscene, pornographic, vulgar or offensive; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vi) promotes illegal or harmful activities or substances.
iFrames. Without prior approval and written permission, you may not alter in any way the visual presentation or appearance of our websites.
Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
DMCA/Copyright Policy. Mysten Labs respects copyright law and expects its users to do the same. It is Mysten Labs’ policy to terminate in appropriate circumstances users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Links to Third Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party resources.
Sanctions. Without limiting the foregoing, you may not download or use the Services if (i) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Syria or any other country subject to United States embargo, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, or Entity List; or (ii) you intend to supply any Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, or Entity List.
Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account, if you have one, at any time by removing the Wallet web browser extension and ceasing any and all use of the Services. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: VIII(B), VIII(C), 5III(E), XII, XIII, XIV, XV, XVII, XVIII and XIX.
Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM 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. We make no warranty that the Services will meet your requirements, will function as intended, will be free from bugs or errors, or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.
Indemnity. You will indemnify and hold Mysten Labs and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MYSTEN LABS NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYSTEN LABS OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MYSTEN LABS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO MYSTEN LABS FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MYSTEN LABS, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Mysten Labs AND YOU.
Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section XVII “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Mysten Labs are not required to arbitrate will be the state and federal courts located in the County of Santa Clara, and you and Mysten Labs each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution.
Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Mysten Labs agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Mysten Labs are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
Exceptions. As limited exceptions to Section XVII(A) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Injunctive and Declaratory Relief. Except as provided in Section XIV(B) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Class Action Waiver. YOU AND MYSTEN LABS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Severability. With the exception of any of the provisions in Section XVII(F) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
General Terms.
Reservation of Rights. Mysten Labs and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Mysten Labs and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Mysten Labs and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Mysten Labs’ prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Mysten Labs may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications provided by Mysten Labs under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights. Mysten Labs’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mysten Labs. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information. If you have any questions about these Terms or the Services, please contact Mysten Labs at legal@mystenlabs.com.