1. Agreement to Terms

1.1

These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you” or “User”) and Colossus Digital (“Colossus Digital,“ “we,” “us,” or “our”), concerning your access to and use of the https://colossus.digital/ website (the “Site”) as well as any other media form, media channel, mobile website digital service, Validator services, or mobile application related, linked, or otherwise connected thereto or provided by us (collectively, the “Services”). By using the Site and/or the Services, you agree to these Terms of Use; if you do not agree, do not use the Site and/or the Services. At its sole discretion, Colossus Digital reserves the right to amend, change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site and/or the Services following the published updates to the Terms will mean that you accept and agree to the changes. As long as you agree and comply with these Terms, Colossus Digital grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site and the Services.

1.2

The information provided on the Site and our Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site or Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

1.3

Our Services are intended for users who are at least 18 years old. People under the age of 18 are not permitted to use our Services or our Site.

2. Definitions

2.1

“Blockchain” refers to a distributed digital ledger that is not under the control of a single identifiable or discreet individual or entity and where accounts (including units of account contained in them) cannot be manipulated without providing a user’s specific private key. This may be a “main net” used as a determinative record of historical events and transactions on the ledger, or a “test net” which operates like a main net but does not have a Cryptocurrency that carries substantial real-world value and is generally used for simulated or testing purposes.

2.2

“Cryptocurrency”, “Cryptocurrencies” is a reference to the distributed, decentralized peer-to-peer digital currencies that are tracked by a Blockchain. For the purposes of this Terms of Use, “Cryptocurrency” includes, but is not limited to, the following distributed digital ledgers (both related main nets and test nets): Ethereum, Tezos, Cosmos, Kava, Secret Network, Flow Network, Cartesi, The Graph, IoteX, MultiversX, Kusama, Terra, Irisnet, CyberWay, Chainlink, Algorand, Threshold, Solana, Polkadot, Robonomics, Ton, Celo, Regen, Oasis, Coda, Dfinity, 

2.3

“User Data” means all data, files, and information that User provides to Colossus Digital in the course of using the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. Note that any information posted to a public blockchain is accessible to the public, and you should not expect confidentiality nor a guarantee against reproduction for such (whether or not in connection to our Services). Please refer to our Privacy Policy for information about how we collect, use, and share your information.

2.4

“User Funds” means the Cryptocurrencies controlled by User or delegated to Colossus Digital’s control but ultimately belonging to User.

2.5

“Validator Rewards” means all Cryptocurrency generated by operating Validator Nodes, including, but not limited to, block rewards, endorser rewards, transaction fees, and any other direct payments as a result of operating a Validator Node.

3. Our Responsibilities

3.1

Validation – Colossus Digital operates Staking Validator Nodes to support the decentralized functioning of various Blockchains. Colossus Digital maintains all of the hardware, software, connectivity, technological, management & supervision, and any other requirements to properly deploy these Validator Nodes. You may use your Cryptocurrencies (as allowed by the related Blockchains) to support our status as a Delegated Staking Validator for those Blockchains. We will distribute Validator Rewards generated by our Staking Validators among those who designated Cryptocurrencies to support our status as a Validator proportionate to the amount of Cryptocurrencies they use to designate such support as is consistent with our advertisements or website and the customs of each supported Blockchain.

3.2

Support – We aim to provide quality and timely support for each of our Services. You can email us at [email protected] with any questions or technical issues and we will assist you as soon as we can.

4. Your Responsibilities

4.1

In the use of any of our Services, you agree to take the following actions, or to otherwise agree to carry any liability, responsibility, and accountability as described below.

4.2

Delegation Decisions – You have sole discretion as to whether to and how much Cryptocurrencies will be designated towards support of our status as a Delegated Validator. As is the nature of Blockchain systems, you are in full control of designating Cryptocurrencies and must tend to the operations and current events required for responsible designation.

4.3

Taxes and Other Legal Obligations – You are responsible for paying any taxes related to your Cryptocurrencies, whether it involves appreciation in value, capital gains, general income (including those from Staking Rewards), or any other types of taxable income. You also agree not to use our Services in any illegal manner or to support any illegal activity and to comply with any other applicable laws or regulations on your use of Blockchain and Cryptocurrencies.

4.4

Malicious Behavior – You will not take any steps to harm our systems or our ability to provide our Services to you or others, other than those permitted by these Terms, our systems, or our written or verbal instructions. Any attempt at unauthorized use of our private keys, inhibiting the functionality of our technical equipment and hardware (e.g., malware or DDoS), or other methods to direct our systems to function in a way that is not permitted (as determined in our sole discretion) is considered a violation of these terms.

4.5

Typical Risk of Blockchains and Cryptocurrencies – Your use of any Blockchain is subject to the risk and limitations of that Blockchain, including, but not limited to, fifty-one attacks, mis-addressed transactions, Sybil attacks, eclipse attacks, compromised private keys, or vulnerabilities made at the “core” level. Further, your use of any payment method, including where permitted, any Cryptocurrency, is at your own risk and is subject to the terms and conditions and policies of such payment (service). You agree to hold Colossus Digital unaccountable for these types of risks and to waive your right to litigate, arbitrate, mediate, or otherwise hold any type of claim against Colossus Digital for injuries suffered due to your use of a Blockchain network or service.

4.6

You represent and warrant that:

1. you have the legal capacity and you agree to comply with these Terms of Use;
2. entering into this Agreement will not be a breach or violation of any other contract or agreement to which User is bound;
3. you will not use our Services for any illegal or unauthorized purpose, and your use of the our Services will not violate any applicable law or regulation;
4. you are at least 18 years of age.

5. Intellectual Property

5.1

Unless otherwise indicated, the Site and our Services are our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site and the trademarks, service marks, and logos contained therein are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.

5.2

Any code or other property that is provided “open-source” is subject to the rights and restrictions in the accompanying license for such code or property. The Content and the Marks are provided on the Site or via our Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

5.3

Provided that you are eligible to use the Site and Services, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Services, the Content and the Marks.

5.4

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services (“Submissions“) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions and warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

6. Third-Party Websites and Content

6.1

Our Service may contain links to third-party websites or services that are not owned or controlled by Colossus Digital.

6.2

Colossus Digital has no control over and assumes no responsibility for any third-party websites or services’ content, privacy policies, or practices. You further acknowledge and agree that Colossus Digital 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 content, goods, or services available on or through any such websites or services.

6.3

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

7. Site and Services Management

7.1

We reserve the right, but not the obligation, to:

monitor the Site and Services for violations of these Terms of Use;

take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;

in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

in our sole discretion and without limitation, notice, or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and

otherwise manage the Site and Services in a manner designed to protect our rights and property and facilitate their proper functioning.

8. Modifications and Interruptions

8.1

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of our Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or our Services.

8.2

We cannot guarantee the Site or Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site or Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance.

8.3

Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or Services or to supply any corrections, updates, or releases in connection therewith.

9. Disclaimer

9.1

The Site and Services are provided “as is”, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and noninfringement.

9.2

In no event shall the authors of the Site and Services, employees and affiliates of Colossus Digital be liable for any claim, damages, or other liability, whether in an action of contract, tort, or otherwise, arising from, out of or in connection with the Site and Services or the use or other dealings in the Site and Services.

9.3

In no event will Colossus Digital or its affiliates, or any of its or their respective service providers, be liable to you or any third party for any use, interruption, delay or inability to use the software, lost revenues or profits, delays, interruption or loss of services, business or goodwill, loss or corruption of data, loss resulting from system or system service failure, malfunction or shutdown, failure to accurately transfer, read or transmit information, failure to update or provide correct information, system incompatibility or provision of incorrect compatibility information or breaches in system security, or for any consequential, incidental, indirect, exemplary, special or punitive damages, whether arising out of or in connection with this agreement, breach of contract, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not we were advised of the possibility of such damages.

9.4

In no event shall Colossus Digital or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Site and Services, even if Colossus Digital has been notified orally or in writing of the possibility of such damage.

9.5

We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the site, and we will assume no liability or responsibility for any:

1. errors, mistakes, or inaccuracies of content and materials;
2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site or Services;
3. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
4. any interruption or cessation of transmission to or from the Site or Services;
5. any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site or to you by any third party; and/or
6. any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site or Services.