SuiFrens Terms of Service
Last Updated: May 3, 2023
These Terms of Service (“Terms”) govern your use of the website located at www.suifrens.com (the “Site”) and services accessible via the Site (collectively, the “Services”) provided by Mysten Labs, Inc. (“Mysten Labs”). 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 XIII “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 Service 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.
SuiFrens Terms, Conditions and Disclaimers
Third-Party Services. When you use our Services, you may also be using the services of one or more third parties (“Third-Party Services”). Your use of those and other third-party services will be subject to the privacy policies, terms of use and similar policies and terms, and fees of those third party services. 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 Services.
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 any Third-Party 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 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 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.
Transactions entered into in connection with the Services, including the minting and mixing of SuiFrens, are irreversible, final and there are no refunds. You acknowledge and agree that you will access and use the Services at your own risk. By using the Services, you represent and warrant that you have been, are, and will be solely responsible for making your independent appraisal and investigations into the risks of a given transaction and the underlying digital assets. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your evaluation of the merits and risks of any transaction conducted in connection with the Services or any digital asset. You accept all consequences of using the Services, including the risk that you may lose access to 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."
Ownership.
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.
DMCA/Copyright Policy. We disclose your information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.
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. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: V(B), V(C), V(E), VIII, IX, X, XI, XII, XIII and XIV.
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.
Governing Law & 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 XIII “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.
General Terms.
Contact Information. If you have any questions about these Terms or the Services, please contact Mysten Labs at legal@mystenlabs.com.