Terms of Service

1. Acceptance of Terms

By accessing, using, or interacting with the sTFuel Protocol ("Protocol"), its smart contracts, website, or any related services (collectively, the "Services"), you ("User", "you", or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Services.

These Terms constitute a legally binding agreement between you and the Protocol. The Protocol is a decentralized autonomous protocol operating on blockchain networks. The Node Operator, OpenTheta AG ("OpenTheta AG", "Node Operator"), a Swiss company established in Baar, Zug, Switzerland, operates certain infrastructure nodes but does not control or operate the Protocol itself.

2. Description of Services

The sTFuel Protocol is a decentralized liquid staking protocol that allows users to stake TFuel tokens and receive sTFuel tokens in return. The Protocol operates through smart contracts deployed on blockchain networks. The Protocol is non-custodial, meaning you retain control of your assets through your wallet.

Important: The Protocol is experimental software operating on blockchain networks. Use of the Protocol involves substantial risk of loss, including but not limited to total loss of funds.

3. No Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Services will be uninterrupted, secure, error-free, or free from viruses or harmful components
• Warranties regarding the accuracy, reliability, or completeness of any information provided
• Warranties that the Protocol will operate as intended or produce any specific results
• Warranties regarding the availability, performance, or uptime of blockchain networks or node infrastructure

Neither the Protocol developers, OpenTheta AG, nor any other party involved in the Protocol makes any representations or warranties regarding the Services.

4. Limitation of Liability

4.1 General Limitation

TO THE MAXIMUM EXTENT PERMITTED BY SWISS LAW, NEITHER THE PROTOCOL DEVELOPERS, OPENTHETA AG, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR REPRESENTATIVES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Services
• Any unauthorized access to or use of your wallet, private keys, or funds
• Any errors or omissions in the Services or smart contracts
• Any interruption or cessation of transmission to or from the Services
• Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Services
• Any loss or damage of any kind incurred as a result of your use of the Services

4.2 Specific Exclusions

Loss of Funds: The Protocol developers and OpenTheta AG shall not be liable for any loss of funds, tokens, or other digital assets, whether resulting from:

• Smart contract bugs, vulnerabilities, or exploits
• Hacking, phishing, or other security breaches
• User error, including but not limited to sending funds to incorrect addresses, losing private keys, or sharing sensitive information
• Market volatility or changes in token prices
• Regulatory actions or changes in law
• Forks, network upgrades, or changes to underlying blockchain protocols

Node Operations: OpenTheta AG, as a Node Operator, shall not be liable for:

• Node downtime, failures, or unavailability
• Delays in processing transactions or smart contract interactions
• Incorrect or incomplete data provided by nodes
• Network connectivity issues or blockchain network congestion
• Any consequences resulting from nodes not running, being offline, or experiencing technical difficulties
• Loss of staking rewards due to node failures or operational issues
• Any damages arising from the operation, maintenance, or discontinuation of node infrastructure

Protocol Functionality: The Protocol developers shall not be liable for:

• Protocol failures, bugs, or unintended behavior
• Inability to mint, redeem, or transfer tokens
• Changes in exchange rates, staking rewards, or protocol parameters
• Loss of value of sTFuel tokens relative to TFuel or other assets
• Any consequences of protocol upgrades, modifications, or discontinuation

4.3 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY SWISS LAW, THE TOTAL LIABILITY OF THE PROTOCOL DEVELOPERS AND OPENTHETA AG, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED ZERO (0) SWISS FRANCS (CHF 0.00).

This limitation applies even if the Protocol developers or OpenTheta AG have been advised of the possibility of such damages and regardless of the theory of liability (contract, tort, or otherwise).

5. Assumption of Risk

You acknowledge and agree that:

• Cryptocurrency and Blockchain Risks: Cryptocurrency and blockchain technology involve substantial risk. The value of digital assets can be extremely volatile, and you may lose all or a substantial portion of your investment.
• Smart Contract Risks: Smart contracts are experimental technology and may contain bugs, vulnerabilities, or unintended behavior that could result in loss of funds.
• Regulatory Risks: The regulatory environment for cryptocurrencies and DeFi protocols is uncertain and may change, potentially affecting the Protocol's operation or legality in your jurisdiction.
• Technical Risks: Blockchain networks may experience congestion, forks, or other technical issues that could affect the Protocol's operation.
• Node Infrastructure Risks: Node infrastructure may experience downtime, failures, or operational issues that could affect your ability to interact with the Protocol or receive staking rewards.
• Liquidity Risks: There is no guarantee of liquidity for sTFuel tokens, and you may not be able to sell or redeem your tokens at desired prices or times.
• Staking Risks: Staking rewards are not guaranteed and may vary based on network conditions, node performance, and other factors beyond anyone's control.

You expressly acknowledge and assume all risks associated with using the Services.

6. User Responsibilities

You are solely responsible for:

• Maintaining the security and confidentiality of your wallet, private keys, seed phrases, and any other authentication credentials
• All transactions initiated from your wallet, whether authorized by you or not
• Verifying the accuracy of transaction details before confirming
• Understanding the risks associated with cryptocurrency, blockchain technology, and DeFi protocols
• Compliance with all applicable laws and regulations in your jurisdiction
• Paying any taxes or fees that may apply to your use of the Services
• Ensuring that your use of the Services does not violate any laws or regulations applicable to you
• Not using the Services for any illegal or unauthorized purpose

7. No Financial Advice

The Services do not constitute financial, investment, legal, or tax advice. Nothing in the Services should be construed as a recommendation to buy, sell, or hold any digital asset. You should consult with qualified financial, legal, and tax advisors before making any decisions regarding the Services.

The Protocol developers and OpenTheta AG do not provide investment advice, and any information provided through the Services is for informational purposes only.

8. Indemnification

You agree to indemnify, defend, and hold harmless the Protocol developers, OpenTheta AG, and their respective directors, officers, employees, agents, affiliates, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of or access to the Services
• Your violation of these Terms
• Your violation of any law or regulation
• Your infringement of any rights of any third party
• Any transactions you initiate or authorize

9. Force Majeure

Neither the Protocol developers nor OpenTheta AG shall be liable for any failure or delay in performance under these Terms resulting from circumstances beyond their reasonable control, including but not limited to:

• Acts of God, natural disasters, or extreme weather events
• War, terrorism, or civil unrest
• Government actions, regulations, or restrictions
• Blockchain network failures, forks, or attacks
• Internet or telecommunications failures
• Cyberattacks, hacking, or security breaches affecting third-party services
• Pandemics, epidemics, or public health emergencies
• Any other event that is beyond the reasonable control of the parties

10. Protocol Modifications and Discontinuation

The Protocol developers reserve the right to modify, upgrade, or discontinue the Protocol or any part thereof at any time, with or without notice. OpenTheta AG reserves the right to modify, suspend, or discontinue node operations at any time, with or without notice.

Neither the Protocol developers nor OpenTheta AG shall be liable for any consequences resulting from such modifications, upgrades, or discontinuations.

11. Third-Party Services

The Services may integrate with or rely on third-party services, including wallet providers, blockchain networks, and other infrastructure providers. The Protocol developers and OpenTheta AG are not responsible for the availability, accuracy, or reliability of any third-party services. Your use of third-party services is subject to their respective terms of service and privacy policies.

12. Prohibited Uses

You agree not to use the Services:

• In any way that violates any applicable law or regulation
• To engage in any fraudulent, deceptive, or illegal activity
• To interfere with or disrupt the Services or any servers or networks connected to the Services
• To attempt to gain unauthorized access to any part of the Services
• To transmit any viruses, malware, or other harmful code
• To exploit any bugs or vulnerabilities in the Protocol or smart contracts
• For any purpose that is harmful to the Protocol or its users

13. Intellectual Property

The Protocol's smart contracts are open-source and may be subject to their respective licenses. The website, documentation, and other materials may be protected by copyright and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without proper authorization.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid under Swiss law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Protocol regarding your use of the Services and supersede all prior or contemporaneous agreements, understandings, or communications.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

If you do not agree to the modified Terms, you must discontinue use of the Services immediately.

17. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.

Any disputes arising from or in connection with these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the competent courts of Zug, Switzerland.

This choice of law and jurisdiction applies to the maximum extent permitted by law, including mandatory consumer protection laws that may provide for different governing law or jurisdiction.

18. Contact Information

If you have any questions about these Terms, please contact:

19. Acknowledgment

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT YOU UNDERSTAND THE RISKS ASSOCIATED WITH USING THE SERVICES, INCLUDING THE RISK OF TOTAL LOSS OF FUNDS, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS YOU MAKE REGARDING THE SERVICES.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICES.