HomeTerms of Services

Terms of Services

Maxdexk Staking Terms of Use

By directly or indirectly accessing, including, but not limited to, indirectly linking your Digital Wallet (defined below) to the Services (defined below) through a site or service operated by a third party, or otherwise using the Services or any portion thereof, you hereby consent to be bound by these terms and conditions (“Staking Terms of Use”). These Staking Terms of Use are entered into, and create a legally binding agreement, by and between you, and any organization you are acting on behalf of (“you” or “your”) and “Maxdexk, Inc.”, (“Maxdexk”, “we,” “our,” or “us”). You acknowledge and agree that these Staking Terms of Use supplement and do not modify, amend, supersede or replace, the Maxdexk Privacy Policy or the General Terms of Use both of which are incorporated herein by reference. If there is any conflict between these Staking Terms of Use, the Maxdexk Privacy Policy, or the General Terms of Use, these Staking Terms of Use will control to the extent such conflict is in regards to the Services or any staking performed under or in connection with these Staking Terms of Use. We may amend or modify these Staking Terms of Use at any time and for any reason.
The amended or modified Staking Terms of Use are effective immediately upon us posting them or otherwise making them available on https://Maxdexk.com (“Website”) and by continuing to link your Digital Wallet to our Services, or otherwise use our Services, you agree to such amended or modified Staking Terms of Use. You agree to be responsible for reviewing the Staking Terms of Use and any amendments or modifications thereto. If you do not agree with the Staking Terms of Use, your sole and exclusive remedy is to cease your use of the Services and/or Website.

Definitions

  • “Digital Assets” means any digital blockchain asset subject to the Services.
  • 1.2 “Digital Wallet” means the wallet or similar device or software used to store Digital Assets.
  • 1.3 “Net Reward” means the sum of the Rewards minus Slashing Penalties (if any).
  • 1.4 “Rewards” means any rewards granted by the Supported Blockchains, including block rewards, endorser rewards, and transaction fees, in each case as actually granted by such Supported Blockchains and received by Maxdexk or you, as applicable, in connection with the performance of the Services.
  • 1.5 “Slashing Penalties” means any slashing penalty assessed by a Supported Blockchain pursuant to the Supported Blockchain’s protocols.
  • 1.6 “Supported Blockchain” means a Proof-of-Stake network or blockchain ledger on which Maxdexk operates a validator node.

Services

  • 2.1 The Services. Subject to these Staking Terms of Use, we operate and monitor validator nodes and software to perform non-custodial validation-as-a-service or otherwise participate in staking protocols in connection with Digital Assets solely for Supported Blockchains (the “Services”). The Services are strictly offered on a non-custodial basis. Additionally, you authorize Maxdexk to exercise your voting rights associated with Digital Assets that you delegate to our validator addresses; provided, however, that (i) voting rights are only applicable for certain Supported Blockchains, and (ii) we may exercise voting rights solely at our own discretion, and we are under no obligation to exercise voting rights on your behalf. Notwithstanding the foregoing, you also retain a right to exercise such voting rights associated with any such Digital Assets and, subject to the protocols of the applicable Supported Blockchain, may exercise those rights before we do or may change any vote that we cast after we have done so.
  • 2.2 License to Access the Services. Subject to these Staking Terms of Use, we hereby grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right and license to access and use the Services for purposes of delegating supported Digital Assets to our validator addresses for staking on a Supported Blockchain.
  • 2.3 Blockchain Events. You acknowledge and agree that the Supported Blockchains are independently and separately operated and controlled by third parties. As such, at any time and for any reason, such Supported Blockchains may modify their protocols, bond or unbond your Digital Assets, fork, or implement any other action or change that may impact your Net Rewards, Digital Assets, the Services and/or your access and use to each of the foregoing (together, a “Blockchain Event”).
  • 2.4 Changes to the Services. We reserve the right to modify, alter or otherwise change the Services from time to time by adding, deleting, or otherwise modifying features or functionality to improve your experience, comply with applicable regulations and/or laws or for any other reason or purpose. We further reserve the right to (i) discontinue any feature of the Services or any portion thereof at any time, including, without limitation, discontinue to support any Digital Asset, or Supported Blockchain, or (ii) remove any content from the Services at any time, in each case for any reason in our sole discretion and without notice to you. You specifically acknowledge and agree that we are not (a) responsible for such modifications, changes, content removals, or (b) liable for any loss of value of your Digital Assets or loss of Net Rewards that may result directly or indirectly from any such changes or any Blockchain Event.

Disclaimer

THE SERVICES, WEBSITE, AND ANY OTHER PRODUCTS, SOFTWARE OR TECHNOLOGY PROVIDED BY US HEREUNDER IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THESE STAKING TERMS OF USE, AND HEREBY DISCLAIM ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WE FURTHER DISCLAIM ANY LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSSES RESULTING FROM OR IN CONNECTION WITH SLASHING PENALTIES.

Limitation of Liability

EXCEPT FOR ACTS OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE AND REGARDLESS OF THE NATURE OF ANY CLAIM SHALL WE BE LIABLE UNDER THESE STAKING TERMS OF USE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES OR LOST PROFITS, INTEREST, ATTORNEYS’ FEES, COMPUTER FAILURE OR MALFUNCTION, DATA LOSS, LOSS OF GOODWILL, OR REVENUE ARISING OUT OF RELATING TO, OR IN CONNECTION WITH THESE STAKING TERMS OF USE. TO THE EXTENT OUR LIABILITY IS NOT ALREADY EXCLUDED BY THE FOREGOING SENTENCE, OUR AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE STAKING TERMS OF USE SHALL OTHERWISE BE LIMITED TO AN AMOUNT EQUAL TO ONE HUNDRED U.S. DOLLARS ($100).

You shall indemnify, defend and hold us and our representatives, officers, directors, employees, successors and assignees harmless from and against any losses suffered by us arising from (i) your breach of these Staking Terms of Use, (ii) a breach of your representations and warranties and/or covenants made hereunder, (iii) your use of the Services or Website in violation of these Staking Terms of Use, (iv) your infringement, misappropriation, or violation of the rights of any other person or entity, (v) any content, materials, or information (in any form or medium) that you submit, post, upload, provide, contribute, or make available (or authorize or instruct us to do so) through the Services or Website, and (vi) violation of any law or applicable regulation. If you are obligated to indemnify us, we have the right to control any action if we want and you cannot settle any action without our consent, unless the settlement is only for money damages which you entirely pay.

Miscellaneous

10.1 Governing Law: These Staking Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard for choice of law provisions thereof.

10.2 Severability. If any provision of these Staking Terms of Use or the application thereof to any person or circumstance is held invalid or unenforceable to any extent, the remainder of these Staking Terms of Use and the application of that provision to other persons or circumstances is not affected thereby, and that provision will be enforced to the greatest extent permitted by applicable laws.

10.3 Waiver. No waiver of any right under these Staking Terms of Use will be of any effect or binding upon anyone unless such waiver is in writing and is signed by an authorized representative of the party so waiving such right. No delay or failure of any party in exercising any right hereunder and no partial or single exercise of any such right will be deemed of itself to constitute a waiver of such right or other rights hereunder.

10.4 No Third-Party Beneficiaries. The provisions hereof are solely for the benefit of the parties and are not intended to, and will not be construed to, confer a right or benefit on any other person.

10.5 Assignment. You shall not assign or transfer (whether by operation of law or otherwise) these Staking Terms of Use (or any rights or obligations hereunder) to a third party.

10.6 Force Majeure. No party will be held liable or responsible to any other party nor be deemed to have breached these Staking Terms of Use for failure or delay in fulfilling or performing any provision hereunder when such failure or delay results from causes beyond the reasonable control of the affected party, which may include embargoes, acts of war (whether declared or not), insurrections, riots, civil commotions, acts of terrorism, strikes, lockouts or other labor disturbances, pandemics, epidemics or acts of God (a “Force Majeure Event”). The affected party will notify the other parties of such Force Majeure Event as soon as reasonably practical and will make every reasonable effort to mitigate the effects of such Force Majeure Event.

10.7 External Sites and Third-Party Content. The Website may contain links to third-party websites or content (“External Sites”). Such External Sites are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when (i) interacting with such External Sites, or (ii) downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

10.8 Exclusive Forum. Any claim, dispute, or controversy arising out of or relating to the Services or these Staking Terms of Use (including the arbitrability of any claim, dispute or controversy), or the breach, termination, enforcement, interpretation, validity, or scope hereof shall be resolved by private, confidential and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by written agreement of the parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge upon the application of either party. Arbitration shall be held in Toronto, Ontario unless otherwise agreed by the parties in writing. The arbitration procedure to be followed shall be agreed in writing by the parties or, in absence of an agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991 (Ontario). Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

10.9 Class Action Waiver. Notwithstanding anything to the contrary contained herein, any arbitration pursuant to these Staking Terms of Use must be on an individual basis. As a result, you may not join or consolidate claims in an arbitration by or against any other person, or litigate in court or arbitrate any claims as a representative or member of a class or private attorney general action.

Wallet